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 60
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"We find they have some ammunition & stores laid up, so that the upon the whole it ap- pears to us beyond a doubt that a dismemberment of the State will take place unless immediate force prevent, for we find that no overtures can be made that will satisfy all parties there. The most limited claim of the Schemers is the whole of the 42d Degree of Latitude throughout Pennsylvania. Can she submit to this? She cannot! Surely our yeomenry will not longer say, It is a Land Jobbing Quarrel. The Bill for striking them off as a separate County eventually seems to put that out of Question. It is no longer a private Quarrel; it is now become a serious Governmental concern, and I hope Pennsylvania will support as dignified a Character in this affair, and assert her supremacy as fully, as she did her Independence in the late Revolution. It is wished here, by a meeting of the most respectable Characters at this place, that you might be informed of the state of things here, as you will have an opportunity on the circuit to communicate the in- formation and remove the scruples of Gentlemen about interesting themselves in the controversy, as supposing it rather a debate about private property than otherwise.
"William Maclayt will hand you this, from whom you will hear everything more partic- ularly on this subject."
*JOHN BULL was born June 1. 1731 in Montgomery County, Pennsylvania, and removed to Northumberland in 1785. In 1775 he was appointed Colonel of the 1st Pennsylvania Battalion; June 17, 1777, he was appointed Ad- jutant General of Pennsylvania; in 1780 he was Commissary of Purchases at Philadelphia. He was a member of Lodge No. 22, Ancient York Masons, at Sunbury, and an interesting sketch of his life will be found in Godcharles' "Free Masonry in Northumberland and Snyder Counties, Pennsylvania," 1: 45. General Bull died at Northumberland, August 9, 1824.
tSee page 759 Vol. 11
CHAPTER XXVIII.
THE "WESTERN RESERVE"-GENERAL ETHAN ALLEN RETURNS TO VERMONT- COLONEL TIMOTHY PICKERING VISITS WILKES-BARRE-JOHN FRANK- LIN AND JOHN JENKINS, JR. "YANKEE OUTLAWS", PLEAD THE SETTLERS' CAUSE BEFORE THE PENNSYLVANIA ASSEM- BLY-A LAW ERECTING LUZERNE COUNTY FOLLOWS THIS VISIT.
"To suffer woes which hope thinks infinite; To forgive wrongs darker than the death of night; To defy power which seems omnipotent; To love and bear; to hope till hope creates From its own wreck the thing it contemplates; Neither to change, to falter, nor repent; This, like thy glory, Titan, is to be Good, great and joyous, beautiful and free; This alone is life, joy, empire and victory."
Shelley.
At this point we will digress, because of its connection with the Wyoming claims, in order to bring in the fact that on May 26, 1786, Congress, after a severe struggle, accepted the offer of Connecticut to cede its claims to certain western lands, covering portions of what are now the States of Ohio, Indiana, Illinois and Michigan. This matter had been brought before Congress by the Connecticut delegates some weeks earlier-but as the cession authorized by Connecticut was not complete, its acceptance met with considerable opposition in Congress-the delegates of Maryland, in particular, voting against it to the last. Instead of beginning at the western boundary-line of Pennsylvania, the offer of Connecticut was to convey lands lying beyond a line 120 miles west of Pennsylvania's western boundary, whereby she would retain her claim to a large tract of land contiguous to Pennsylvania.
The vote of acceptance of Connecticut's offer was passed in these unqualified terms: "Resolved, That Congress accept the said deed of cession, and that the
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same be recorded and enrolled among the Acts of the United States in Congress assembled." In the following September, (1786) the actual deed of cession was executed by Connecticut, by which she granted "all right, title, interest, juris- diction and claim to certain western lands, beginning at the completion 'of the forty-first degree of North latitude, 120 miles west of the western boundary line of the Commonwealth of Pennsylvania as now [then] claimed by the said Common -. wealth; and from thence by a line drawn north, parallel to and 120 miles west of said west line of Pennsylvania, and to continue north until it comes to 42° 21 of North latitude," &c.
The reservation, or rather, the tract not ceded, by Connecticut, was (bounding it easterly by the west line of Pennsylvania) 120 miles east and west, and 1º 21 wide north, and south, and contained several millions of acres. It was sub- sequently known as "New Connecticut" or the "Western Reserve-a goodly part of what is now north-eastern Ohio. At the time, this territory was sup- posed to be equal in extent to the Susquehanna Purchase, or the Wyoming region, which had been lost to Connecticut by the Decree of Trenton .*
BENJAMIN FRANKLIN.
The digression is concluded. Let us, then, return to the main thread of our narrative, which leads us directly to Philadelphia. There, on May 27, 1786 -- the Supreme Executive Council, having received and considered the communi-
*Governor Hoyt, in his "Brief of a Title in the Seventeen Townships in the County of Luzerne", referring to the ahove-described dicker between Connecticut and Congress, says: "This still left the Connecticut claim in Pennsylvania unaffected. The claim was finally and literally torn out by the roots in this wise: In 1800 Congress passed an Act authorizing the President of the United States to convey to the Governor of Connecticut, for the benefit of all persons holding under Connecticut, all the territorial right of the United States to said Western Reserve; Provided that within eight months the State of Connecticut should, by legislative act, renounce forever, for the use and benefit of the United States and the several individual States who might be therein concerned, respectively, and all those deriving claims or title from them, or any of them, 'all territorial and jurisdictional claims whatever, under any grant, charter or chart- ers whatever, to the soil or jurisdiction of any and all lands whatever lying westward, northwestward and south-west- ward of the counties in the State of Connecticut which are bounded we. twardly by the eastern line of the State of
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cations from Judge Montgomery, Sheriff Grant and Justice Shaw, brought from Northumberland by General Bull-President Benjamin Franklin, the shrewd dip- lomatist and wise counselor, wrote to Judge Montgomery as follows :*
"The Council have received your Letters of the 17th and 20th instant, by Gen'l Bull, con- taining the important Intelligence of fresh Disturbances at Wyoming, which will be taken into Consideration.
"We are sensible of your attention to the Public Welfare, manifested in these Dispatches, and desire you would continue to send us what farther Information you may from time to time obtain of the Proceedings in that part of the Country; using in the meanwhile what Influence you have to quiet the minds of the unhappy Settlers there, by assuring them that there is the best Disposition in the Government to treat them equitably and even with kindness, and to take them under its Protection, and extend to them all the Privileges of our free & happy Constitution, on their demonstrating-by their peaceable and orderly Behaviour-that the Sentiments ex- pressed in their late Petition to the Gen. Assembly are sincere, and that they are truly dispos'd to become good Citizens. We hope they will wisely pursue this Conduct, and thereby render all thought of taking compulsive Measures unnecessary."
On the same day, President Franklin wrote to Justice Shaw as follows:
"We have received your Letter of the 18th Inst. by General Bull, with the important In- telligence of the Steps taken by some restless Men to raise fresh Disturbance among the Settlers at Wyoming, after the good Disposition you had so lately left those People in when you had been among them taking their Recognizance & Oath of Allegiance. We still hope that the Pains you took in that serviceable Journey will not be lost, but continue to have a good Effect in disappoint- ing the Projects of those who aim at continuing a Discord that cannot possibly produce any Good. "You may be assured that no imprudent use will be made of the Letter you communicated. It is to be regretted that when Measures were in Meditation by the Government to accommodate the Difference, fresh Occasion of Tumult should be afforded by the Sheriff's going up to serve New York;' which Act was accepted in 1800 by the Assembly of Connecticut, and the cession made accordingly- Connecticut releasing to the United States all jurisdictional title to the Reserve."
Soon thereafter the State of Ohio was organized, being admitted to the Union February 19, 1803.
In May, 1792, the General Assembly of Connecticut quit-claimed to the inhabitants of several Connecticut towns, (Fairfield, New London, Danbury, Groton, Norwalk, etc.) who had lost property in consequence of the incursions into the State made by the British troops in the Revolution-or to their legal representatives when they were dead- and to their heirs and assigns, forever. 500,000 acres of land lying across the western end of the Reserve, bounded north by the southern shore of Lake Erie. The total number of sufferers, as reported, was 1,870, and their aggregate losses amounted to £161,548, 11s, 612d. The grant by Connecticut to these Connecticut sufferers was of the soil only. (It is proper to state here that none of the Wyoming sufferers were in any particular considered, recognized, or permitted to participate, in this donation of lands!)
The lands thus granted are known in Connecticut history as "The Sufferers' Lands", and in Ohio history as "The Fire Lands." In 1796, the Sufferers were incorporated in Connecticut, and in 1803 in Ohio, under the title "The Pro- prietors of the Half-million Acres of Land Lying South of Lake Erie." In May, 1793, the Connecticut Assembly offered the remaining part of the Reserve for sale, and in September, 1795, the whole tract was sold-without survey or mea urement-for $1,200,000. The Connecticut State School Fund, which now amounts to something more than $2,000,000., consi ts wholly of the proceeds of that sale, with capitalized interest. The purchasers of the Reserve- most of them belonging to Connecticut, but some to Massachusetts and New York were men desirous of trying to make their fortunes in Western lands. Oliver Phelps, perhaps the greatest laud speculator of the time, was at their head. In May, 1839, the Hou. Charles Miner of Wilkes-Barre prepared an address entitled "A Plea for Wyoming", to be delivered before the General Assembly of Connecticut Subsequently the address was published in full, and from it the following paragraphs relating to the Western Reserve have been extracted:
"Every one who will go patiently through the motions and votes found in the old Congressional Journal, cannot fail to he convinced that there was an understanding among the wise heads of that day that Connecticut should have an indemuification for the loss of land claimed hy her in Pennsylvania. Though her Charter rights were denied within Pennsylvania, there was an eager alacrity to acknowledge those same Charter rights west of that State. * * *
"Was it not owing to the settlement at Wyoming having been kept up, under the Connecticut Patent, that Con- necticut's western claim was finally admitted? Was it not owing to the great efforts, the efficient services, the dread- ful sufferings, of the Connecticut settlers on the Susquehanna-creating admiration and pity throughout the civilized world-that the public mind was turned to the subject of your claim, and all heart; were moved with effective kindness? Is it too much to affirm that the noble Reserve of five million acres-the source to you of so many blessings-was finally confirmed to the State in a great degree by the efforts, the tears and the blood of your settlement at Wyoming? And would it not be the extreme of injustice that they should not only be denied any participation in your prosperity, but receive to one mark of your consideration, remembrance or favor?
"Allow me to trace this matter one step farther. To your severest judgment I put this question: If the five million acres belonged to Connecticut originally, as the Westmoreland settlers did not emigrate from the State, but were still citizens-part and parcel of the State-were they not justly entitled to a part of the land in proportion to their numbers? All Connecticut was estimated at the Revolution to contain 230,000 inhabitants; Westmoreland. 3.000. Now, by Root and Daboll, as 230,000 is to 5.000,000, so is 3,000 to 65,000 acres! Again, suppose the Reserve a graut for Revolutionary services and sufferings, how would the matter stand? Connecticut, in 1776, was called on by Congress for 3.238 men as her quota, or about 1.4 men to every 100 persous. Thus the portion of Westmoreland would have been 43 men: but there were about 20 with Gore, 160 with Durkee and Rausom, besides individual enlistment. Add the company of Hewitt-annihilated as soon as raised-say 40, we furnished at least 220 meu-more than five times our rightful share; and when, in truth, from the exposed situation of Wyoming, there ought not a single man to have been drawn away. [In this connection see pages 915, 916, and 957, Vol. II, of this History.]
"If the State had furnished troops in equal proportion, she would have sent out at one time above 16,000 men. If the whole United Colonies had done the same, Washington's army instead of containing from 10,000 to 20,000 men would have consisted of more than 170.000-enough to have eaten up the whole British army! * * * If. therefore. the Reserve was confirmed to the State for her military services, losses and sufferings, would it not follow that Wyoming should receive a still greater share?
"I defy the shrewdest casuist, the acutest logician, to suggest a plausible reason why those towns [Fairfield, New London, Danbury, Groton, Norwalk, etc.] should be the recipients of your bounty, which would not apply with equal or greater force to this. Westmoreland uas as obedient, as faithful : did as much, paid as much, fought as much, and suf- fered more! True, before the State was in a condition to appropriate those lands to their relief, the Decree of Trenton had separated Westmoreland from your jurisdiction Could that make the slightest difference? Was it the act of the people of Wyoming? And if it had been, would it have affected their claim? If any citizen of New London or Groton, or either of the other towns, whose house was burnt, had, after the Peace, removed to any other part of the State, or to the West, would not he have been indemnified as fully and as checrfully as if he had remained at his original place of residence?" *See "Pennsylvania Archives", First Series, X : 767.
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Writs of Ejectment there, which might possibly, by those Measures, have been rendered un- necessary."
Shortly after the adjournment of the meeting of The Susquehanna Company, held at Hartford, on May 17, 1786, Ethan Allen returned to his home in Vermont, while John Franklin visited various places in Connecticut and eastern New York, and then started for Wyoming. While en route, at Amenia, Dutchess County, New York, on Thursday, June 8, 1786, he wrote to Dr. Joseph Hamilton, at Hudson, in part as follows :*
"I left Hartford last Week on Wednesday evening, [May 31], and am now on my Journey to Wyoming. I expect you have received my Letter of the 3d Inst., in which I informed you that Congress have Accepted the Cessions from Connecticut. I expect that to be a Confirmation of our Title. Nothing farther Done in Assembly respecting Wyoming affairs. It's thought best by friends to rest quiet at Present-to hold fast to our Purchase, &c.
"I have been to Windham. Exquire Gray had no Blank Certificates. I send you ten full Shares, from No. 140 to 149 Included. I took a receipt from Esquire Beach, and expect he will take one from you; he will also send you 15 shares, to make 25 in the whole. Esquire Gray thinks best to issue no more Certificates at Present, as 300 have already been Delivered to the Com'tee. Should it be necessary, others may be Issued hereafter. It's best to take Care how Lands are Disposed of.
"I expect that many Certificates have been given out that will answer but a small Purpose to the Company. I find that Esquire Gray has given out near 50 half Shares to Persons to repair to Wyoming and Continue three years; that no Condition is mentioned in the Certificate; that not more than 7 of those Persons are in that Country-which I Conceive to be an argument that it's best to be careful. The 400 half Shares are not all taken up. It's thought best to fill them. Let those that are disposed to become Adventurers, have a recommendation, to repair to Wyoming, to receive Certificates from the Com'tee on the Spot-which may prevent trouble hereafter. I would wish to have every Plan put in Execution to get on Settlers.
"I hope you will Procure the Physick and Pills you talked of at Hartford, and send the same on. I can administer them if Necessary, Though I have not the Theory of Physick, I Profess to know something of Practice. By late Accounts from Wyoming I hear that a Justice of Peace, a Sheriff, and one other Person as Assistant, all from Sunberry, have lately been in the Settlement to Execute Warrants against those that neglected to give Bail for good Behaviour, but met with Poor Success. That, attempting to take one of our Party, the Sheriff's Bully Presented a Pistol and Demanded a Surrender; but the Bully received a flogging, and the whole have returned to Sunberry to make report. As I had the news from a Second hand, I cannot give the Particulars.
"I expect they will use every Plan to execute their Laws. They appear more fond of fighting us with their Law Books than with Rifles, though they appear fond of the latter as often as they can find us in a Defenceless Situation; and more especially when they have only Women and Children to oppose them. I shall make a List of those that have taken Certificates for Rights as soon as may be after I return, and shall endeavor to let you know the number of those that have taken Certificates from you, and are on the Spot."
At New York, on June 9, 1786, Messrs. Charles Pettit and John Bayard, Pennsylvania Delegates in Congress, wrote to President Benjamin Franklin in part as follows:+
"The Delegates from Connecticut being absent from Congress, we have transmitted to Mr. Mitchell, one of those Delegates (who we understand to be also a Member of the Legislature, and now at Hartford) a Copy of your Excellency's Letter of the 4th Instant, except the caution- ary Part respecting the intercepted Letter; also a Copy of Mr. Shaw's Letter to your Excellency, leaving out the name of the writer of the intercepted Letter, and the name of the Person to whom it was directed.
"This morning Dr. [Wm. Samuel] Johnsont has resumed his Seat in Congress. We have communicated to him the Contents of your Excellency's Letter & Inclosures. He expresses great Concern that the Distractions in Pennsylvania are thus Continued, but seems very confident that the State of Connecticut will discountenance it's Citizens in all farther pursuit of Claims in Pennsylvania other than such as the Laws and Policy of the latter shall warrant. He has not lately been at Hartford, where the Legislature are now sitting, but says he is well informed that the Act of Congress respecting their proposed Cession [of western lands] will enable the State to induce the Susquehanna Company to transfer their views from Pennsylvania to a more western Country. This done, the Insurgency in Pennsylvania will probably subside."
At Philadelphia, under the date of June 11, 1786, President Benjamin Franklin wrote to Col. John Franklin, Dr. Wm. Hooker Smith and Maj. John Jenkins, at Wyoming, in part as follows:§
"I received in its time your Letter of the 25th of February last, || written in behalf of the People settled at Wyoming, and requesting a Protection of Government for an Agent who might
*See "Pennsylvania Archives", XI : 3. ¡See, "Pennsylvania Archives," First Series, XI : 5. #See page 1480. §See, "Pennsylvania Archives", First Series, XI : 14. ||See pages 1494 and 1495.
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be sent hither to explain your Grievances, &c. The Request appear'd to us to be reasonable, and such a Protection would have been immediately sent, but that we were told the Gentleman who brought your Letter (Captain Schott) being in Town, and well acquainted with your Affairs, the giving him a Hearing might possibly answer your purpose as well, and spare you the Expence & Trouble of sending a special Agent. He was accordingly heard before the Council, and had an opportunity of conversing separately with several of the Members, as well as with the Members of Assembly, and gave so clear and so affecting an Account of the situation of your People, their present Disposition and former Sufferings, as enclined the Government in general to show them every kind of reasonable Favour.
"The Assembly accordingly took the necessary previous steps for a Compliance with your Request respecting a separate County,* which will probably be completed at their next Sesssion. But as there may be other Matters necessary to be consider'd and discuss'd-in order to establish solid and lasting Quiet-the Council have since judged that it might still be useful if your first Proposal of sending an Agent hither were agreed to and if one or more, chosen & appointed by the People, should accordingly be here about the beginning of the Session, which was fixt for the 22d of August next. You may therefore, now acquaint the Settlers that, upon Information of such Appointment, a Passport or Safe Conduct, under the great Seal, for the Person or Persons so appointed shall be sent to you, giving him or them perfect security in coming, residing here, and returning, from all Arrests or suits of any kind, and full Freedom & Protection from every Hindrance, Restraint or Molestation whatsoever.
"Be assured, Gentlemen, that it will be a great Pleasure to the whole Council, as well as to myself in particular, if we can be instrumental, by just & reasonable Measures, in promoting the Happiness of so great a Body of our People as the Settlers at Wyoming consist of."
At Wilkes-Barré, under the date of June 26, 1786, Col. John Franklin wrote to Colonel and Judge William Montgomery, in part as follows:+
"I have had the perusal of your letter to Mr. [Lawrence] Meyers of the 22d inst. As you made mention of my name with great reflections I think proper to return you an answer. I think your letter very Extraordinary. You undertake to tell us what Congress have done, what The Susquehanna Company has consented to, &c., and what his Excellency the President of Penn- sylvania] has authorized you to inform us of. * *
* I must tell you Sir, that we are not un- acquainted with the resolutions of Congress or the proceedings of The Susquehanna Company. Your representations are inconsistent with truth. The votes of The Susquehanna Company of the 17th of May last may convince you of their intentions. A copy of said votes I send enclosed.
"You tell us that you expect the Wise and Virtuous amongst us will avail themselves of the kind intentions of Government, and thereby secure the benefits of your free, equal and happy Constitution. I would wish to be informed whether the removal of 6,000 souls from their justly acquired habitation at Wyoming, to be fixed among the Natives at Lake Erie, is to such Emi- grants the enjoying of the benefits of your free and happy Constitution? Or whether your Consti- tution and right of Government extend to a territory northward of your State and westward of New York?
"You query whether it will satisfy Allen and Franklin and their adherents to give up their farms, which they have justly acquired and cultivated at Wyoming, to Pennsylvania Land Schem- ers, and run the chance of having wild lands on the hunting-grounds at Lake Erie. Be assured, Sir, it's no query in my mind. I expect to enjoy my Lands here, unless legally removed by a reg- ular course of Law had before a proper tribunal.
"You query whether, after all that the wisdom and forbearance of Government can do for us, we must be a people devoted to hard-ships, danger and devastation. I wish you had explained yourself more fully on that head-whether you mean the forbearance whereby you saved some part of our women and children alive at the time you expelled us from this Country by an armed force in the year 1784; or whether, by giving us Liberty to have a being in that part of Gods' world on the waters of Lake Eric. Wonderful forbearance, indeed! You threaten us with devas- tation in case of our non-compliance; but let me tell you Sir, that we disregard your threats.
"You tell us you are authorized by a letter from his Excellency, the President, to inform us
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