USA > Pennsylvania > Luzerne County > Wilkes-Barre > A history of Wilkes-Barre, Luzerne County, Pennsylvania : from its first beginnings to the present time, including chapters of newly-discovered early Wyoming Valley history, together with many biographical sketches and much genealogical material. Volume III > Part 50
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"Your answer to our third inquiry is also unsatisfactory. You assert that no peaceable inhabitant has been dispossessed of property or obliged to leave the settlement. In order to under- stand each other properly we wish to give you our idea of a peaceable Inhabitant, viz .: All those who held and were in possession of lands and tenements on May 10, 1784, or the time you were violently dispossessed-these people, whatever right they held under, were in the peaceable enjoyment of Property, and, we contend, ought not to be dispoiled and dispossessed but by a regular process of Law. You, Gentlemen, complained of the injuries you received by violence and illegal conduct, and will you, the moment you are restored by the laws of the Land, counten- ance the same arbitrary and unconstitutional measures against another class of citizens whom you deem intruders? This must be considered as an opposition to Law and good Government. "We are possessed of a petitiont signed by a number of respectable citizens, complaining in the most spirited manner of the arbitrary and cruel conduct of certain persons here in plunder- ing and banishing the inhabitants claiming under Pennsylvania-and this without any appli- cation to civil authority. We beg you seriously to consider where this will issue if persisted in. "Your letter concluded with asking us two questions. To the first we answer that, however those people got possessed of houses or Lands, they ought not to be dispossessed of them but agreeably to Law. Had the Connecticut claimants prosecuted them for taking violent possession, we doubt not that the Laws would have determined the controversy in a proper manner. To the second we answer: That the Legislative body look upon all persons residing within the chartered bounds of the State as citizens thereof, who are bound to yield obedience to the Laws, and who are entitled, while so doing, to the immunities and privileges granted them by the Constitution.
"We have now, Gentlemen, only to repeat our sincere wishes that you will each one join heart and hand to put a stop to further irregularities and disorders, and that you will give us proper assurances of your determination to support the Laws and Government of this State. This, in our opinion, is the only method left to restore peace and good order to this unhappy settlement. And we doubt not that upon your so doing you will not only experience immediate benefits yourselves, but afford real happiness to many who are now suffering under former oppres- sions. We pray God to direct you.'
Upon receiving and reading the foregoing letter, the Committee of Settlers despatched to the Committee of Assembly, a letter reading as follows:
WYOMING May 7th, 1785.
"Gentlemen-After the Committee's Best Complyments to your Honors this Morning, hoping that you are in Perfect health. Gentlemen, with Submission we would Desire of your Honors a Coppy of a Petition you mentioned in your Letter, and also a Copy of the Act of Assemb- ly Establishing the Election of Majestrates at Wyoming in 1783, and also a Copy of a Letter from the Governor of Connecticut to His Excellency the President of this State.
"We are, Gentlemen, with Suitable Respects, Your Most Obedt. and Humble Ser'ts,
"Honno'bles JOHN BAYARD [Signed] "ZEBN. BUTLER, "JOHN P. SCHOTT,
"PERSFR. FRAZER,
"GEORGE SMITH, Committee of Assembly."
"EBENEZER JOHNSON,
"JNO. JENKINS "JOHN FRANKLIN,
"CHRISTOPHER HURLBUT"
Immediately on receipt of this request on May 7th the Committee of Assembly forwarded to Colonel Butler and his colleagues the documents asked for. On
*See "Pennsylvania Archives", Second Series, XVIII: 645.
+See pages 1465 and 1466.
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Monday, May 9th, Mr. Bayard, in behalf of his committee, wrote to Colonel Butler as follows:
"We returned an answer to yours of May 6 on Saturday morning, and are not a little dis- appointed to be yet without your reply, especially as we informed you of our wish to return as soon as possible. We expect to leave this place to-morrow, and request you would, by the bearer, send us the letter from the Governor of Connecticut; and if you have anything further to communicate to us we shall be glad to receive it this evening."
To this the Committee of Settlers immediately replied as follows:
"We have just received your billet by your servant, in which you complain that you are disappointed that we have not sent you an answer to yours of the 6th of May, and desire one this evening. Gentlemen, we have been so incumbered with viewing the Constitution, Acts of Asemb- ly, petitions, remonstrances, the Governor's letter, etc., that they have taken up our time in- sensibly; therefore the time has elapsed, but we shall send you an answer to your request this evening."
On this same day, (May 9th) Justice David Mead, at Wilkes-Barré, wrote and delivered to the Committee of the Assembly a letter reading as follows :*
"Most deplorable indeed is the present situation of this part of the State, when 120 miles up and down the River, as it runs, and as far west in this valuable part of the country, in the very bosom of the State, is now in such rebellion. That the Connecticut claimants, I make no doubt, before you have this, will at last throw off the mask and tell you they are the Proprietaries of this country (most capable of making laws for themselves), and will bid defyance to the Laws of Pennsylvania and tell you to go about your business. The most cautious intelligence of these Designs I sent to Government early in February last, which were scarcely credited, when this Tumult could have been easily quashed. But now, Gentlemen, if it's the intention of the State to support its dignity, I fancy you'll believe it a serious business-high time to clip the growing evil-which alone depends on the immediate and spirited interposition of the State.
"I beg you to think of my situation, that I have long since regularly appropriated my lands here agreeable to the Laws and Customs of the country, and peaceably possessed myself of the same. The Connecticut claim to a considerable part of my lands was relinquished most formally in consequence of a resolution of the Legislature, and lands were actually granted in here by the State; and the very same lands were taken by the Committee of the People (with whom you are now treating) and rented to tenants, who came and ordered my plowmen to stop [plow- ing] or expect to lose their labors-which has happened since your enquiry began.
"I have made very considerable improvements, and have a large Winter crop now on the ground. As a Citizen and Servant of Government I have claimed its Protection and Support, as yet in Vain. I have made a stand-as yet at the risk of my life and property-rather than flinch, and am now under the severest threats of being expulsed. *
* * A considerable num- ber of Pennsylvania families are now here in a most distressed situation-some that have plan- tations up the River near Wyalusing are this far on their way, but are not permitted to go up the River on any pretense whatever, but must all instantly remove from here. * * * Upon the whole, Gentlemen, I hope you'll now be satisfactorily convinced that the Honour and Dignity of Pennsylvania are at stake.'
In the evening of May 9th, the Committee of Settlers delivered to the Com- mittee of the Assembly what they denominated their "final answer" to the various queries and averments which had been submitted to them by the Committee of Assembly. This "answer" is printed in full in "Pennsylvania Archives," Second Series, XVIII: 647-650, and from it the following paragraphs have been taken:
"You observe that, if you are rightly informed, many of the Connecticut claimants availed themselves of the authority of those magistrates, f or some of them, in order to claim the reposses- sion of their houses and lots agreeably to the Law passed September 15, 1784. In reply we say we were laid under the necessity of so doing, because they were appointed by the authority of this State; and if we had not improved that opportunity we might have been kept out of our just possessions another year. Therefore, there was no other alternative left us but either to do this or suffer greater evils and misfortunes. * * * You, Gentlemen, observe in the same paragraph that we were thankful to those magistrates for the part they acted therein. We answer: We are bound to be thankful to Benefactors, but we ought first to view those Justices as Bene- factors before we can be thankful to them. We never did view them as Benefactors, and there- fore no thankfulness is due from us to them in that respect.
"Gentlemen, you say our answer to your third query is also unsatisfactory, because we assert that no peaceable inhabitants have ever been dispossessed of their property and obliged to leave their settlement. We imagine there is a great difference betwixt peaceable inhabitants and rioters, who, in a most violent manner, by force and arms, dispossessed the Connecticut
*See "Pennsylvania Archives", Second Series, XVIII: 650.
fElected and commissioned in September, 1783, as narrated on page 1344. #See page 1431.
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claimants of their property; and the Authority of this State have dispossessed those rioters by a special Act for that purpose, and now those rioters say the Connecticut people have dis- possessed and spoiled them of their property-which we deny in full. * *
"We say and declare that there have been a great number of inhabitants, or, rather, intruders, who pretended to claim under Pennsylvania title; and who, by force of arms, in a most violent manuer, contrary to all law and Constitution of all Christianized people, dispossessed the New England settlers and took possession of their houses, lands and property in an hostile manner; and those settlers, so forcibly dispossessed and plundered, made repeated application to the legislative, executive, judicial and civil Authority of this State, praying for the restoration of their rights, property and possessions, agreeably to the Laws and Constitution of this State, and that the Legislative body, on the 15th of September last, did resolve that those settlers so forcibly dispossessed should be reinstated.
"And we further declare that we do not know of any such persons in this settlement, who pretended a claim under the possession title, who have had any possessions except such as were obtained by force of arms; and we would further say that we are informed by the best authority, and know it to be a truth, that a great number-if not all-of those persons who complain of being plundered and banished by the Connecticut settlers, are those same persons who expelled us from our possessions, robbed us of our property, &c., and then, finding that the Laws of the State relative to forcible entry and detainer were likely to operate against them, fled from the Laws of their country, taking off their own property and a considerable portion of ours. What part of our property they were obliged to leave behind, has since fallen into our hands, and yet those villains say we have robbed and plundered them of their property-which allegations we challenge them to support. * * *
"Gentlemen, you conclude your letter with a requisition that we would join heart and hand to put a stop to further irregularities and disorders. *
* * Gentlemen, we assure you it is our determination to support the Laws and Constitution of this State. We believe that it is the sincere effort of the State and of you gentlemen to promote Peace and Harmony in this settle- ment; yet we can't but think it Extraordinary that you should think it's consistent with sound policy or the happiness of this settlement to continue in office those Magistrates who were imposed on the people without their consent and in violation of the Constitution and Laws of the State and who are daily making inroads thereon by violently taking possession of land and property, and detaining the same from the rightful owners, in open violation of all Law, and consequently doing great injustice to the widow, fatherless and distressed-of whom Dovid Mead is and was the fullest aggressor and distressor of the widow and fatherless and orphan.
"Gentlemen, we hope you will voluntarily give us our request, which is the Constitution of the State of Pennsylvania, and thereby restore Peace and Tranquillity to this settlement and Joy and Myrth to this State. We pray God to give you hearts susceptible of all the feelings of humanity."
In the morning of May 10th, the Committee of the Assembly sent the follow- ing reply to the foregoing communication :*
"Last evening we received yours of the 9th inst. in answer to ours of the 6th. We are sorry to inform you that it is entirely unsatisfactory to us, as we have, in a plain and candid manner, not only in our letters but in conversation, informed you what we think the State requires of you as citizens, viz .: obedience to the laws and those who are appointed to execute them. We think it unnecessary to go into a particular answer to your last, and having, to the best of our abilities, discharged our duty to you and our country, we must now take our leave of you, after thanking you for any personal civilities shown us, and earnestly exhorting you to a strict obedience to the authority and laws of the State, which alone will prove your declarations sincere. A contrary conduct, be assured, Gentlemen, will end in anarchy, confusion and distress. We shall advise those claiming under Pennsylvania to refrain from all illegal methods for obtaining satisfaction for injuries they complain of, and shall direct them to apply to the laws of their country for redress."
The same day, the Committee of the Assembly sent to the Hon. John Van Campen, of Northampton County, the following letter:
"Agreeably to your request to be informed of what we have done at this place, we would just tell you that after frequent messages passing between us and the committee appointed to transact with us, as well as verbal conferences, they have declared their intentions of submitting to the Laws and Government of the State. We are sorry to say that we have not that satisfaction which we expected, but we hope that upon seriously considering their situation they will submit. The matter will soon be brought to issue. In the meantime, we earnestly recommend to all the Pennsylvanians who have been driven off to cease from all illegal measures, and to pursue, im- mediately, those that are agreeable to Law for redress of their grievances; and we doubt not in so doing they will have the firm support of Government. We are just setting off for Northum- berland, and expect to return to Philadelphia in six or seven days."
It seems that, almost immediately upon the departure of the Committee of Assembly from Wilkes-Barré, in the afternoon of May 10th, Justice David Mead issued certain writs or precepts against some of the Wyoming Yankees;
*See Johnson's "Historical Record", 11: 91.
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at the same time addressing a letter to Col. Zebulon Butler and Capt. John Paul Schott, in which he called upon them for their countenance and support with respect to his justicial procedure. In reply these gentlemen sent Justice Mead a note reading as follows:
"Yours of the present date came to hand. Observed the contents. Find our influence is lost, as the people deny you have any legal authority to act until it is proved that you were legally elected.'
Upon receipt of this, Justice Mead, the same day (May 11th), forwarded it by an express to the Committee of the Assembly (who were then on their way down along the Susquehanna to Northumberland). With it he sent the following letter :*
"From a multitude of applications this morning I issued a precept against Ebenezer Johnson and John Gansy, in a case so plain I thought it most likely to take, on complaint of a woman whose cow was lately taken by violence. An act like that I expected the people would be most ready to bear their testimony against. On the other hand, great declarations of dislike have been made against the glaring conduct of this Johnson. Enclosed I transmit you a note to Colonel Butler and Captain Schott, in particular, for support; by which, and their answer, you will be fully satisfyed. For excuse, they doubt my authority.
"I believe I mentioned to you that numbers of precepts are now here, issued by magistrates in Sunbury and Northumberland Town, not complyed with. *
* I have just received * information that a party is now collecting to drive and distress the few Pennsylvanians left. I propose sending Mrs. Mead and the children instantly out of the way, and stand [here] myself as long as any kind of prudence will dictate. In the meantime by your answer I expect to find whether I am to be protected or not in any reasonable time. If not, I beg that on your arrival at Philadelphia this letter be presented to Council as a token of my resignation, and that I request the same may be received. * * *
"N. B .- Since the conclusion of this letter I this minute received the most dreadful accounts of disorder, commencing by the most horrid distress of the few families yet here, and I am in fear of bloodshed soon, though you may rest assured that I shall spare no pains to convince the people to seek no other than legal redress. The Constable of Stoke this instant reported to me that Ebenezer Johnson and John Gansy are his regular prisoners on a charge of robbery; that they have rescued themselves in the most violent manner, to wit: by a Cocked pistol at his breast, with the most severe threats, and he is now under the necessity of support."
The express bearing the foregoing communication overtook the Committee of the Assembly about midway between Wilkes-Barre and Northumberland, and they returned an answer to Justice Mead. They also sent by the express a letter to Ebenezer Johnson. As to the nature of the letter sent to the Justice we know nothing, but the letter to Johnson (written by Mr. Bayard on May 12, 1785) read as follows:
"It is not without surprise that I have heard of the imprudence of Esquire Mead in granting warrants yesterday; but it is more surprising to me to hear that you should (after we, the Com- mittee, had made so public a promise to discountenance any break of law) so quick break that promise by burning any of the settlements, or threatening any person who offered no abuse to you. Perhaps I have been misinformed. If I have, I shall be glad, as I, on the one hand, would not relinquish any right or privilege that I was entitled to, so, on the other hand, I would be as far from countenancing any breach of public faith or good conduct."
Miner states ("History of Wyoming," page 380) that on May 14, 1785, Colonel Franklin "again set off for Connecticut, to attend an expected meeting of The Susquehanna Company at Hartford. The inert mass was not yet sufficiently warmed to be moved to his wishes. Doubts and fears seem to have hung around and retarded the action of the prudent Yankees. No meeting had been called; the committee, still slumbering, had neglected to give the proper notice. Supported especially by Maj. William Juddt, of Farmington, Colonel Franklin went from town to town-to Windham, to Hartford, to Watertown, to Colchester, and again to Hartford, where, from the public records, he took copies of papers to aid him in sustaining the Connecticut claim, which he every- where preached with apostolic zeal. Having now made arrangements for a meet-
*See "Pennsylvania Archives", Second Series, XVIII: 652.
tSee page 824, Vol. 11.
1473
ing of The Susquehanna Company in July, he hastened back to Wyoming, where he arrived on June 29th. Immediately a town-meeting was called, [whereat] the people were addressed and encouraged to be firm in defence of their rights."
During the absence of Colonel Franklin, affairs in Wyoming were rather quiet, at least so far as the Yankee settlers were concerned. Justice Mead, however, and some of the authorities of Northumberland County, seem to have been more or less active, as we learn from a letter to the Hon. John Bayard, written by Mead at Wilkes-Barré, June 10, 1785, and reading in part as follows :*
"I had the pleasure to receive your letter of the 3d inst., in which you mention your hopes that the Supreme Court sitting in this County [at Sunbury] may have a good effect. In answer to which I can at present only make a few remarks, and leave you to guess the event. Not one of the Connecticut claimants who were under recognizances for their appearance at our Supreme Court have appeared to save their bail; neither have any of those against whom process was issued by our Supreme Judges surrendered themselves to the Sheriff. * * *
"The few Pennsylvania families that were not ousted when you were here were obliged to Fly about the time of my last letter to you at Northumberland. The Sheriff is now here in order to apprehend those who he has Process against, but I understand they are Goan to the Busht, and the others pretend submission, so that most Deplorable is the present aspect. However, I shall write to you again in a few days, and in the meantime hope you'll inform me of the senti- ment of the Government on this occasion, with your advice in my difficult situation. * *
"N. B .- Since the close of this Letter I have had the pleasure to see the Sheriff with four
* of those Offenders in custody."
After the return of Colonel Franklin to Wyoming on June 29th, and the holding of the town-meeting at Wilkes-Barré, as previously related, the Yankees seem to have resumed their offensive activities with respect to the few Pennamites still remaining in the valley. This we learn from the two letterst following, respectively written on July 6 and 7, 1785, at Wyoming, by David Mead, addressed to President Dickinson of the Supreme Executive Council, at Philadelphia, and forwarded by expresses:
"The most deplorable situation of this part of the State once more induces me to address you on the subject. I dread to think of an idea of the want of energy in Pennsylvania, so great and reputable a State, to permit all manner of disorder so long to be continued, without support- ing their Laws. For my part I consider myself a member of the Society, and that I have a right to claim your protection as such. My life is now every minute in danger, and has been for some time; my property is much of it taken from me by violence, and the remainder every minute at stake. I have claimed the protection of Government as yet in vain. I have taken process, though to no purpose. The Sheriff neither will nor can do his duty, but acts the part of a villain.
"That instead of being able to execute my office, I am obliged to keep a number of armed men around about my house for its protection. I really cannot, as yet, be reconciled to evacuate for the villains without your advice, though the expence of standing in this manner is too much for me to bear. A notorious Riot was committed yesterday by about a dozen men, armed, &c., and when I called on Deputy Sheriff (Lawrence) Myers to take aid and apprehend the offenders, who [Myers] appeared and made a faint attempt, without success. The disorder continued. This day, while I am writing, about twenty armed men are now before my door mowing my meadow, removing my fences, &c., [meanwhile] keeping up the Indian yell. My hands were beaten and abused with many stripes before they could escape.
"A general meeting of the [Yankee]. Inhabitants was held on Saturday last [July 2, 1785], when it was resolved by them, without one dissenting voice, that the Laws of Pennsylvania could not be submitted to; that myself and the other few inhabitants who are in any way attached to the State must be expelled-some information of which I have with difficulty obtained and transmitted to the honorable Chief Justice.
"My Harvest, hay and Grains of every sort I expect will be destroyed though my possessions were all legally obtained in the year 1783. A considerable part was relinquished in the most formal manner, and Lands were granted in lieu [thereof] by the State.
"My dog has been shot down at the door, just while I conclude this letter. I write in haste." * * *
"I am now obliged to beg the immediate interposition of Government for my relief. I am now besieged by those desperate villains, with their cannon drawn up, &c. I have only four men besides my own family-though all are brave and determined not to fall a sacrifice at their [the Yankees] hands while we have life. Therefore, in expectation of your immediate relief we have spirit to act on the defensive order until either that arrives or we lose our lives. My *See "Pennsylvania Archives", Second Series, XVIII: 653.
¡Gone, or fled, to the woods.
#See "Pennsylvania Archives", Old Series, XI:454-455.
1474
other dog was shot last night after the other Express left this place. I am in haste. You will please to examine the Express, and reimburse him his expences."
Miner, from the standpoint and with the sympathies of a New Englander, gives ("History of Wyoming," page 381) the following account of the doings touched upon by Justice Mead in the foregoing letters. "It could illy be brooked [by the Yankees] that one of Patterson's Justices should hold possession under the Pennamite claim, as it was termed-on the rich bottom-lands of Wilkes- Barré, too-and he a renegade and traitor from the Yankee ranks; moreover, and probably with justice, he was regarded as still the agent of the land claimants and a spy on the conduct of the Connecticut people. His explusion, therefore, under the new spirit awakened by Colonel Franklin on his return [from Conn- ecticut], was determined on.
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