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 55

Author: Harvey, Oscar Jewell, 1851-1922; Smith, Ernest Gray
Publication date: 1909
Publisher: Wilkes-Barre : Raeder Press
Number of Pages: 634


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 55


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The State of Franklin (later to become the State of Tennessee) which had been forcibly carved out of the territory of North Carolinain 1784, had a semblance of State Government established in 1785, but in 1786 was in a state of turmoil and chaos. Vermont, as previously related, was in a state of eruption and rebellion, and in some parts of the State armed bands of "Reg- ulators" menaced the lives and the property of certain of their fellow citizens. In New York, Governor Clinton, who had been "toiling persistently to make his State the most powerful member of the Union", was now attempting to pull down the rivals that struggled at her side-in other words, he was steadily laboring to either thwart or disregard the wishes and the resolves of Congress, and break down the Union. New Jersey- chiefly owing to a controversy with New York-stoutly refused to pay her share of the taxes apportioned among the State by Congress for the support of the Confederation.


In Massachusetts, "Shay's Rebellion" broke out in August, 1786, and during the remainder of the year, and for several months in 1787, a large body of malcontents-who called themselves "Regulators", but who were in reality "persons of small abilities, of little or no property, embarrassed in their circum- stances, and of no great integrity"-made life a burden to the respectable, law-abiding citizens of the Commonwealth.


At Philadelphia, on January 6, 1786, there was laid before the Supreme Executive Council, a communication from the Hons. John Bayard and Charles Pettit, Delegates from Pennsylvania in the Continental Congress, then meeting in New York City. This communication was dated December 31, 1785, and read in part as follows :*


"We think it our duty to communicate to your Excellency & the Honorable Council the intelligence we have this day received from his Excellency, Governor Clinton, which is:


"That he has been informed, on undoubted authority, that a large quantity of powder and lead has lately been purchased and lodged at Fishkiln with a view of transporting it to the Susquehanna.


"That the quantity vastly exceeds what is necessary for the peaceable and ordinary con- sumption of the country, and that there remains no doubt of its being intended during the course of this winter to be transported to Wyoming. The Governor is not at liberty to give us the name of his informant, but assures us we may depend upon the truth of his information, and added- "Pennsylvania * Se eArchives", 45X:16.


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had we not been here as Representatives of the State, he should have thought it his duty to have given Your Excellency the above information.


"We have not yet been favoured with the act passed by our Assembly respecting the set- tlers at Wyoming, but doubt not of the wisdom and propriety of it.


"We wish only to suggest the necessity of the state being well informed with respect to the views of these deluded people, and suggest the propriety of Council directing us to employ a proper person or persons to watch the movements of these stores, and give the earliest intelli- gence thereof to Government."


Vice President Biddle replied immediately in behalf of the Council, re- questing Delegates Bayard and Pettit "to take such steps for watching the progress of the stores through the States of New York and the Jerseys, and for their eventual seizure in Pennsylvania", as they deemed most proper. "We should, on our part," continued Mr. Biddle, "have taken some measures for ex- ecuting the latter part of this object could we have ascertained, with any degree of precision, the time or place of their arrival in this State; but as both are rendered so extremely uncertain from the various routes by which they may be moved, and other circumstances, we have upon the whole thought it most proper to commit the business entirely to you."


Six days later Secretary Armstrong of the Council wrote to Alexander Patterson, at Easton, Pennsylvania, in part as follows :*


"Council has received advice that the Connecticut Claimants at Wyoming have now in store at Fishkill, in the State of New York, a large quantity of military stores, which it is pre- sumed they mean to convey as early as possible to the Susquehanna, in prosecution of their absurd and iniquitous system of opposition to the laws of this Commonwealth. Under these circumstances Council has thought proper to authorize you to take such steps for seizing these stores in their progress through Northampton County as your own prudence and knowl- edge of the country may suggest. I need scarcely observe that the most profound secrecy will be necessary to the success of this design, and that if, from the variety of routes by which they may be carried, the communication of it to some second person should become unavoidable, you will make choice of one in whose secrecy and understanding you can safely confide. When seized you will take measures for carrying them to Easton, or some other place of security, where they will remain subject to the future directions of this Board.


"In executing this Trust it may be necessary for you to engage the assistance of some few hands at a moderate daily pay. You must take care that they be as few in number as may be consistent with the nature of the Business. This and such other experice as will attend it, shall be discharged on your presenting an account of them."


Speaking of the Act passed by the Pennsylvania Assembly, December 24, 1785, "for quieting disturbances at Wyoming," Miner (History of Wyoming, page 386) says: "To suppose the whole people-for all were concerned-would go forward, acknowledge their guilt, and sue for pardon by entering into bonds for their good behavior, was a presumption founded elsewhere than in reason. No notice was taken of the law!" In making this last assertion, Miner was in error, for we find that early in 1786, after the people at Wyoming had become pretty familiar with the language of this Act of Assembly, Col. John Franklin prepared a petition to the House of Representatives, which, having been signed by "408 inhabitants of Wyoming and vicinity", was dated February 21, 1786, and forwarded by the hands of Capt. John Paul Schott, as an express, to the Supreme Executive Council at Philadelphia. This petition read as follows:t "To the Hon. the Representatives of the Freemen, etc .-


"The petition of the freeholders at and near Wyoming on the Northwest (sic) Branch of the Susquehanna River, most respectfully sheweth:


"That your petitioners have endeavoured to take due notice of the act of Assembly passed last session, entitled 'An Act for quieting the disturbances at Wyoming', etc., but how far it re- spects us, your petitioners, we are unable fully to determine; wherefore we pray for an explan- ation of such parts thereof as we do not so readily understand.


"Does the act relative to the pardon of offences, misdemeanors, etc., mean such only as have been found guilty upon trial? Or does it extend to all who stand indicted for supposed *See "Pennsylvania Archives", XI: 457.


tA copy of the original petition, in the handwriting of Colonel Franklin, is now preserved among the "Dr. Wm. Samuel Johnson Papers", mentioned on page 29, Vol. I.


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offences? Or, still further, does it comprehend and mean all who liave acted defensively as well as offensively in the dispute alluded to in the act? An explanatory answer to these questions will enable your petitioners to act consistently in the matter, and supercede the necessity of sending the militia hither to execute the laws among us.


"Your petitioners view with pleasure that paragraph of the Act that disannuls that estab- lishment of districts and magistracy here, which we have always esteemed grievous and uncon- stitutional; by the making void of which your petitioners would fondly hope that your Honors mean to open a door for us to proceed as the 30th Section of the Constitution* encourages. Pur- suant thereto we would humbly request that we might be divided at present into two districts, one on each side the aforesaid river, and as extensive as your honors may think best, with the power and privilege of electing magistrates, etc., as the Constitution directs.


"Your petitioners would furthermore most earnestly request that this settlement might be set off as a district county. The arguments we would humbly urge for such a measure are, the oblong and incommodious extension of the present county [of Northumberland], our local distance from the seat thereof, the great disadvantage we are subject to on account of travel, time and expences in attending the courts, and above all, the habitual and mutual prejudices which subsist between the upper and lower parts of the county we now stand annexed to, occasioned by the disputes respecting lands, etc.,-putting us under the disadvantage of each trial by jury as is inconsistent with that impartiality which the spirit of the Constitution intends.


"Your honors will permit us just to observe that prior to the Decree of Trenton we lived happy under the jurisdiction of the State of Connecticut and the enjoyment of her laws. We now wish to be received as good citizens of the State of Pennsylvania, and to enjoy the blessings of your glorious Constitution! Be pleased most graciously to take this our petition into your wise and candid consideration. And we, as in duty bound, will ever pray, etc."


Captain Schott left Wilkes-Barre, for Philadelphia, on Tuesday, February 28, 1786, and, in addition to the foregoing petition, carried with him the fol- lowing letter* addressed to Benjamin Franklin, who had become President of the Supreme Executive Council in October, 1785:


"May it please your Excellency :


"On your Election to the Elevated office of President to the Supreme Executive Council of this Common Wealth, every soul here acquainted with your Excellencies Character, and cap- able of sentiment and reflection, exulted on the joyous occasion, from a conception that some- thing favorable to this settlement might yet be hoped through the instrumentality of such a known friend to the sacred rights of mankind, whose election wrought in our imaginations the affectionate epithet of a political Father, who would impartially consider and weigh the opposite claims of his Children, dispensing his smiles or his frowns, according to their adherence or non-adherence to those pure, original Laws which can neither be superceded nor abrogated y human Tribunals. "In the character of a Father, then, would we address your Excellency and complain of our grievances. We know your attention has for many years been occupied with greater and more national concerns, which renders it possible, if not probable, that you may not be duely apprized of our many and complicated sufferings.


"The dispute which has for a number of years subsisted betwixt this State and that of Connecticut respecting territory, the arguments which have been urged on both sides of the ques- tion, and the Decree of Trenton, are matters well known to your Excellency. We would humbly crave your attention, therefore, only to such facts as you may not have been duly apprized of, which have rendered our situation nearly wretched and desperate.


"We have no hopes from the avaricious land schemers of this State (who have been seek- ing to sheath the sword in our bosoms, and have stripped us nearly of our all, and whom we have reason to think wish our utter extirpation), through whose insinuations the Legislature have been made to believe that we are a People who desire no Law and deserve little Mercy. "Our anarchal and local situation have, indeed, brought hither from the different States somne licentious Characters, by which we have been denominated a bad People by our enemies, who have had the advantage of us in Representation and ex-parte hearings before Council and Assembly, and who wish to mislead, to our prejudice, those Honorable Bodies as well as the good people of this State at large.


""Tis true that the most unexceptionable Characters amongst us-influenced by the Law of self-preservation-have fought in defence of their lives, their Families and their all, when attacked by merciless Assailants. Such defence has been judg'd highly criminal by those who judge the actions of others good or bad as they feed or oppose their own avarice. With such Characters revenge stands for justice! Accordingly we find that the most innocent Persons among us who have occasion to travel through the State, if they have been defensive actors, must be loaded with vexatious suits under pretence of Debt or Criminality; but for no other purpose than to add a pecuniary distress to the already distressed.


"Could we, free from such vexatious but expensive prosecutions, send an Agent who could be honour'd with an interview with your Excellency, we could be able to exhibit such incontestible facts relative to our sufferings, both from the land-jobbers and a former Assembly (influenced by them), as your Excellency would hardly imagine. And could your Excellency in some way furnish a protection for such an Agent, we shall duly acknowledge the Favour, and readily embrace


*See note, page 881, Vol. II.


+See "Pennsylvania Archives", XII:296. This letter was printed, also, in The Pennsylvania Packet, Philadelphia , August 24, 1786, together with President Franklin's reply.


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the opportunity; and we would hope by this means to furnish your Excellency with such kind of knowledge as may through your wise and paternal influence, terminate in a just and amicable settlement of these unhappy and ruinous disputes.


"We would beg leave to mention to your Excellency that we have noticed a late Act of Assembly Entitled 'An Act for quieting the disturbances at Wioming, &c.,' but how far it respects us we are unable fully to determine. We send a petition to the Hon'ble Assembly accompanied with this, praying for an explanation, &c.


"We wish to have an existence in the world above that of Slaves or beggars, and we ar- dently wish as good Citizens to injoy the blessings of the glorious Constitution of this State, and to have the Laws operate among us and administered on Constitutional principles. These are the ideas, may it please your Excellency, we have ever expressed in our Addresses, Petitions and Re- monstrances to the Hon'ble Council and General Assembly since the Decree of Trenton; conform- able to which has been the general tenor of our conduct, however misconstrued by our Enemies. "We submit to your Excellency the propriety of the above requests.


"Our best wishes attend your Excellency in all your important trusts. May no faction in the State over which you Preside disturb your tranquillity at the eve of life, which we hope will be crowned with every reward which a long and most useful life has merited.


"We are, may it please your Excellency, with due esteem and respect your Excellency's Most obedient, Humble Servants,


"To "His Excellency, BENJAMIN FRANKLIN,


[Signed] "JOHN FRANKLIN, "WM. HOOKER SMITH, "JNO. JENKINS, in behalf of the People.


"Wioming, 25 February, 1786."


On February 28, 1786, Vice President Biddle, in behalf of the Supreme Executive Council, sent to the General Assembly "a message respecting the disturbances at Wyoming," together with the letter from Messrs. Bayard and Pettit printed on page 1492, ante, and certain other communications re- lating to the same subject. The same day the Assembly resolved that these documents be referred to a committee composed of Representatives Irvine, Clymer, and others, with directions to report thereon at an early date. The committee's report was made to the Assembly on March 6, 1786, whereupon it was ordered "to be laid over" until March 9th. The petition of the 408 in- habitants of Wyoming, previously mentioned, was, on March 6th, "presented to the Chair and read, and was ordered by the Assembly to be laid on the table."


On March 9th the aforementioned report of the Assembly's committee was taken up and read, as follows: "That in the opinion of this committee the intelligence communicated by Council affords little room to doubt but the people at Wyoming are meditating a serious opposition to the authority of Government, and it appears to them highly expedient further to strengthen the hands of Council, to enable them effectually to carry into execution the Act passed at the last Session. They therefore submit the following: Resolved, That a committee be appointed to bring in a Bill to authorize the Supreme Executive Council to raise and equip- -* volunteers, in addition to the provisional measures directed by an Act entitled 'An Act for quieting the dis- turbances at Wyoming, for pardoning certain offenders, and for other purposes therein mentioned.'" On motion the Assembly ordered that this "Bill," or report, should "be recommitted, and the committee instructed to confer thereon with the Supreme Executive Council."


At Philadelphia, on the same day that the foregoing action was taken by the Assembly, Col. Timothy Pickering wrote to his friend John Gardner, in Massachusetts, as follows:+


"The Wyoming dispute is revived. Some are for expelling those settlers by the sword; but I believe rather that such violence will be avoided. They can muster 800 fighting men, and have resolved to stand by one another. The late Council of Censors of this State, in Sep- tember, 1784, pronounced all the measures of Government respecting those people to have been


*A motion was made to fill this blank with "300", but the motion was voted down.


¡See the "Pickering Papers", XXXV: 3, mentioned on page 29, Vol. 1.


.


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'destitute of wisdom and foresight'* I think so too. Those measures were taken during the feeble administration of President Dickinson."


Just about that time Secretary Armstrong of the Supreme Executive Coun- cil, sent to Robert Levers, Esq., Prothonotary of Northampton County, and Lawrence Keene, Esq., Prothonotary of Northumberland County, a letter reading as follows:


"By the Law relating to the business of Wyoming, herein inclosed, you will find what is required from the offenders before the pardon provided by the Act [of December 24, 1785] can take effect. To ascertain, therefore, how far these requisitious have been complied with (&, of course, in what instances the pardon will operate), Council have thought proper to direct that the Justices of the peace of Northumberland Co. shall respectively make return to you of the names & first names of all such offenders as have given security agreeably to the Act aforesaid on or before ye 20th day of April next-which returns, certified by you as original, you will be pleased to transmit as early as possible to this office."


At Wyoming, under the date of February 1, 1786, some one who signed himself "A Settler at Wyoming," wrote a letter "To the Proprietors of The Susquehanna Company, and other friends of Justice and fair Dealing". This letter was published in a Connecticut newspaper March 14, 1786, and was re- printed in The Pennsylvania Packet, Philadelphia, a week later. The writer gave a brief history of the purchase and settlement of the Wyoming region by The Susquehanna Company, and referred to the loss of life and property sus- tained by the Connecticut settlers during the Revolutionary War. He then proceeded as follows:


"Taking advantage of the debilitated state of that settlement, certain persons-inhab- itants of Pennsylvania (some of whom early took a decided part with the enemy), not contented with the distresses of that infant country-having by mere accident possessed themselves of the papers, evidences, deeds and documents necessary to establish the right of the State of Connecticut to the lands in question, did induce the State of Pennsylvania to petition the United States in Congress assembled, for the establishment of a Federal Court to try the question of jurisdiction between the contending States.


"And notwithstanding it was objected on the part of Connecticut that she was deprived of all her deeds, evidences, papers, documents, &c., necessary to evince her claim to the juris- diction of the country aforesaid-supposing the same to be in Great Britain, where they were deposited while the same question was depending before the King in Council, and could not be obtained at that time, the war between Great Britain and this Country being then undetermined. Nevertheless, the objection was overruled (by means of what secret and unjustifiable influence is unknown to Connecticut), and a trial was had at Trenton in November 1782-two of the Judges most relied on by Connecticut being absent-and a decision was had in favor of Pennsylvaniat by the opinion of three Judges against two -- the majority being at best but doubtful.


"Whereupon the settlers made an early proposal of submission to the Government of Pennsylvania, and claimed the lands purchased of the natives, which had been settled and cul- tivated only at the expense and endeavours of themselves and their associates. But instead of that protection expectable from a great and respectable Commonwealth, the inhabitants have heen seized, their persons dragged to prison, loaded with irons, their loose property plundered by mercenery troops assembled by order of Government for the destruction of the settlers; their old men, women and children driven out of the country like brute beasts, without respect to age, sex or condition, and the rights of citizenship denied them on all occasions.


"Roused by such cruel treatment the settlement is regained by its inhabitants, and now increased to more than 1,000 able-bodied and effective men, sufficiently exasperated and des- perate, who have been compelled, for their own security, to adopt a temporary system of policy (until the State of Pennsylvania shall extend to them the rights of citizenship, and the protection of law and civil government), which is in the words following. [Here the writer gave au account of the proceedings, and the resolutions adopted, at the meeting held November 15, 1785, ante, and then continued as follows:] . "And now we are credibly informed that the State of Pennsylvania are aiming for the destruction of that settlement, and the last dreadful appeal to arms is soon expected. Confident of the justice of our cause, we dare rely on Providence, the sovereign arbiter, for the issue. The Susquehanna Company, whose associates we are, will do well to remember that their fate depends upon the issue of our cause. Numerous as. you are, and opulent as you may be, no benefit can accrue to us or you without your speedy exertion. Will you suffer your brethren to be murdered and their families turned again naked upon the wide world, and not lift your finger in our behalf? Surely not! We too well know your interest, and your honor is concerned in our welfare.


*See page 1431.


tSee page 1304.


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On April 3, 1786, in the Pennsylvania House of Assembly, Represen- tative Robert Morris* moved, and the House adopted, the following:t


"Resolved, That the message from the Supreme Executive Council respecting the disturb- ances at Wyoming, the report of the committee read March 9 on that subject, the petition of the settlers at Wyoming, and, generally, such other papers as are before this House respecting that business, be referred to a committee for the purpose of bringing in a Bill to comply so far with the prayer of the petitioners as respects a division of the county of Northumberland and ap- pointing districts for the election of magistrates; and that said committee do also report such other measures for the consideration of the House as they shall think necessary for quieting the said disturbances.


In pursuance of this resolution Representatives Robert Morris and George Clymerį of Philadelphia, Robert Whitehill§ of Cumberland County, Frederick Antes of Northumberland County and John Smilie|| of Fayette County, were appointed "a committee for the purposes contained in the foregoing resolution." The next day this committee made a partial report to the House and presented a Bill for dividing the county of Northumberland, which was read and ordered to be laid on the table. Four days later, without taking any further action with respect to Wyoming matters, the Assembly adjourned until Tuesday, August 22, 1786.


*The "Financier of the Revolution". He was born in Liverpool, England, January 20, 1734, and came to Phila- delphia with his father in 1747. From 1754 till 1793, he was a member of the firm of Willing and Morris. The Stamp Act was opposed by Morris, and in 1765 he signed the non-importation agreement-although this action was against his financial interest. He was a member of the Continental Congress in 1775; voted against the Declaration of Inde- pendence July 1, 1776, and on July 4, declined to vote, but when the instrument was formally adopted he attached his signature to it. He was re-elected to Congress in 1777 and again in 1778. He was one of the originators in 1780 of the Bank of North America, established at Philadelphia under a charter granted by Congress in 1782, and from 1781 to 1784 he was Superintendent of the national finances-freely using his personal means and credit to advance the public interests. 1a 1783 he was made an honorary member of the Pennsylvania Branch of the Society of the Cin- cinnati. He was a member of the Pennsylvania Assembly in 1786, and the next year was one of Pennsylvania's rep- resentatives in the convention which framed the Federal Constitution.




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