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 80
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About to give up the search, the back of ROAD DOCKET No. 1, was finally observed protruding through its ac- cumulated dust. This proved to be the record desired. In Colonel Pickering's handwriting. as legible today as when made, and written on an exceptional quality of heavy paper are entered the records of this court and its predecessors. Presumably, when this old volume needed rebinding, some clerk opened to one of its pages containing an account of the early appointment of Road Supervisors and, guessing at its contents, labeled the collection "ROAD DOCKET No. I " which name it still bears.
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Wyoming, and use my influence in quelling the disturbances" was deemed by the Council an honorable surrender, as well as pledge for his future behavior.
Colonel Franklin's letter, fully setting forth various matters of his long con- finement as well as his change in attitude toward conditions at Wyoming, is here published in essential part, as follows:
"Prison, Philadelphia, Sept. 17, 1788. "Gentlemen:
"You will please to pardon me, while I address you upon a subject that most nearly concerns me-the subject to which I relate in my petition, lately presented to your Honourable House, and which is referred to you, to inquire into, and report thereon.
"The notice taken of me in this my unhappy situation, and the opportunity I had yesterday with Doctor Logan, who was pleased to honour me with a visit on the subject of my petition, demand my grateful acknowledgments. But, as some matters have since occurred more fully to my memory, you will permit me to lay before you a state of facts, which I would wish to do only for information.
"The Honourable Justices of the Supreme Court, on the 16th of April, agreed to admit me to bail, upon my entering into a recognizance with two good securities, in a sum therein re- quired, as stated more fully in my petition. I obtained a certificate accordingly from the Clerk of the said Court, after which I addressed his Honour, the Chief Justice in a letter, stating the difficulty which would probably take place in procuring any two persons at Luzerne to be my hail, who would be adjudged equal to the sum required, and requested that four or more persons might be taken as security, and that some such person, within the said County, as his honour thought proper, might be directed to take the recognizance ;- he was pleased to grant my request: however, not anything was done to effect until the 9th of May, when a friend of mine was per- mitted to see me, he being accompanied with an Honourable Member of Council, by whom I was informed that the Chief Justice agreed to direct the Prothonotary of Luzerne to take four persons as security for my appearance at court, &c." * *
* However, before the business was com- plete, the Chief Justice had set off on the western circuit. My friend went on as far as Chester, and returned on the 10th, when I was informed that he had a letter from the Chief Justice, to send for- ward to the Prothonotary of Luzerne, to take the security at that place, and that whenever the recognizance was sent, that Justice Bryan would take my own recognizance. This letter, together with a letter which I was permitted to write to my friends at Luzerne, on that subject, was immediately sent forward. May 31st, I had information that security was taken, and the recognizance came to hand by a young man [Perkins] sent for that purpose. I expected to be liberated the same day; but heard nothing further until the 4th of June, when the young man was permitted to see me, he being in company with a Member of Council. I was then informed that nothing could be done until the Chief Justice returned, who accordingly returned soon after. "Application was made to him by my friends in my behalf, to obtain my discharge on the bail. I did all in my power to obtain my discharge from prison, or to know what prevented me from being liberated. I was informed that the Chief Justice gave for answer, that he had nothing to do with it, that it lay entirely in the breast of Council. Application was made to that Board in my behalf. It rested until about the 8th of June, when an Honourable Member of Council came to see me. * * *
"After hearing the remarks of the visiting member, the young man who was present at that time, returned to Wyoming, after waiting nine days in this city at my expense. I was still kept in close confinement, deprived of the advantages of social society as I before had been, and could not be informed of any reason why I was not liberated, except as before represented, neither did I ever, by any authority, know what other reasons were assigned, until Doctor Logan informed me, yesterday, that the security was deemed insufficient-that some of those who were taken as security, had, at the same time, used threatening language, &c., which probably prevented me from being liberated. I have not heard the names of all those who are my security, but have been informed, that some of those nominated were absent, and others accepted by the Prothonotary on lieu, thereof,-ten persons being required to enter bail. If any person who has been accepted as security for me, has been so imprudent as to use threatening language on that subject, I hope that their misconduct will not prejudice those equitable rights which I may be judged entitled to. I wish, if the Honourable Commissioners think proper, that the matter may be fairly investigated whether the persons who entered bail for me are the identical persons who made use of threat- ening language, (I do not pretend to know to the contrary), but I have enemies, who would, perhaps, wish to injure me, and be fond to have me wear out the last remains of life in prison. I, therefore, only wish that such inquiries may be made, as to prevent any undue measures oper- ating to my hurt, that equal justice, in that as well as in every other case, may be done me: I must confess, that I earnestly expected to be liberated on bail, conformably to the encouragement given me, and really thought that I had right so to expect, and I most solemnly declare, that in case I had been liberated, I was fully determined to return to Wyoming and to use my in- fluence in quelling the disturbances at that place, if any there should be, and to prepare myself to take my trial when called therefor, before a jury of my country, as the constitution directs: but as I was not liberated, I made my appeal to the legislative body, the guardians of the people, from whose justice and humanity, I am induced to believe, I shall in some way obtain relief. As to the circumstances of my confinement, that is fully set forth in my petition. I have lately been very sick with a fever, but am now recovered from the disorder, though my sickness, together with a long confinement, has reduced me to a feeble state, which is hard to be recovered in a place
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of confinement. I was destitute of money at the time of my commitment, but agreed with a friend to support me with provisions, and never knew that any provision was made for me by Government until I was liberated to the front of the gaol, the 24th of June, since which I learn that the person who supported me has had his bill allowed by Council, for my weekly subsistence, though paid in depreciated currency, which I shall be under obligation to make good, unless the sum he has received is made equal to my weekly subsistence, which I am not able to determine; my retired situation has prevented me from doing anything for myself to any advantage which I might otherwise have done.
"If after a full investigation, it should be thought proper to admit me to bail on the security already taken, it would prevent a pecuniary expense which would take place in procuring other security if required; but in case I am liberated in any other way, I shall make myself satisfied, and if continued in prison, I am resolved to be submissive to whatever Providence has assigned me. I have only wrote to give you information. I earnestly hope that whatever may be alleged against me, will not prejudice any equitable right to which your committee and the Honourable Assembly may adjudge me entitled, as equal justice is all that I demand. I am, gentlemen, with every sentiment of respect, "Your Obedient Servant,
"George Logan,
"JOHN FRANKLIN."
"Peter Muhlenburgh,
Esquires.
"and John P. Schott,
After delivery of this letter to the Council, the attitude of that body toward the prisoner seemed to change almost overnight.
Although still confined in jail at Philadelphia, Colonel Franklin was then granted many liberties, was visited by various officers high in affairs of the Commonwealth, and otherwise treated with that courtesy due a prisoner of his station. "Knowing his great influence" says Miner, (p.437) "particular pains were taken to conciliate him, and to bring him into the scheme of com- promise devised by Colonel Pickering. Without committing himself to that point, he satisfied those who were interested, that he would offer no further obstruction to the free introduction of the laws."
Through friends in Connecticut, Colonel Franklin appears to have interested Governor Huntington of that State in his behalf. On October 14, 1788, the Governor, accordingly, wrote to President Franklin of the Council, in part, as follows: * I have now before me, a letter from the prisoner, wberein he acknowledgeth his situation hath been made as comfortable as close confinement could admit, except he is unable to procure comfortable clothing; but he complains grievously that he is still in close confinement without being admitted to bail, or the liberty of a trial for the offence wherewith he is accused. Let me suggest to your Excellency whether it be consistent with the free constitution of the Comwith. of Pennsylvania to hold any person a close prisoner from year to year merely upon accusation, without admitting bim to bail, or the liberty of a trial, when Government is in profound peace and full exercise?"
This letter being read in Council, David Redick, acting as its Vice President made answer as follows :*
"In the case of the prisoner Franklin, the peace and tranquillity of Luzerne depended, in the opinion of Govt., in a great measure on the confinement of this man until be could be brought to trial, which will now take place within a very few days, and which is as early as the Supr. judges have had it in their power to go to Luzerne. We presume that the charge against Franklin, together with the well known spirit and uniform conduct of this person, and the disturbances which have subsisted in the settlement of Wyoming almost ever since his detection, will fully justify the measures pursued by the Govt."
Laying aside all reference to burdensome documents which serve to give authenticity to this narrative, it can be inferred from the tone of all of them that at this time, Wyoming was enjoying a period of peaceful occupation so seldom indicated by its history in almost a quarter century.
Colonel Pickering was, nevertheless, somewhat fearful of any softening in the attitude of the Council toward Colonel Franklin. This is manifested in a lengthy letter he addressed to that body on July 28, 1788, shortly after deliverance from his captors, and perhaps had something to do with postponing Colonel Franklin's trial until fall. The extracts quoted are not uncomplimentary to Colonel Frankln, indeed the reverse:
*See "Pennsylvania Archives," X1 : 414.
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"Even among the old settlers there are few who do not anxiously wish for Franklin's release. This violent attachment I have often wondered at. It cannot be merely the effect of friendship, affection and gratitude. The consideration of interest will alone solve the problem However, whether I have hit on the real cause of the peoples' attachment to Franklin or not- that it is strong to an astonishing degree and almost as general as it is strong, are serious truths."
If other evidences of this attachment were wanting, they could be found in the anxiety with which the whole community awaited the approaching trial of the imprisoned leader, at the hands of the Supreme Court.
Outwardly, all was calm. The settlers went about their harvest tasks unopposed by adverse claimants to their unquieted titles. Owing to the sus- pension of the Confirming Law, the other Commissioners had no further duties to perform at Wyoming in the hearing of disputed claims.
The unsettling influences of these hearings were, for the time at least, not to lend to a feeling of doubt and uncertainty which had made the Wyoming Valley the theater of the most extraordinary conflict, of individual suffering, of wrongs and outrages, recorded in the annals of America.
Elsewhere, preparations were slowly going forward for the trial. On October 21, 1788, David Redick, of the Council, wrote to Governor Clinton, of New York, to "send on letters written by Franklin to Joseph Hamilton* and other papers relating to the business." Upon the Hamilton correspondence with Colonel Franklin, the case of the Commonwealth, if one existed, seems to have rested. Many letters relating to the Connecticut claims, as before mentioned, had been intercepted in their passage between the two men. Other documents had been taken when Dr. Hamilton was arrested. Yet, unless additional corres- pondence existed than has been made a part of the records of Pennsylvania and available in the "Archives," or is recorded elsewhere, undisclosed by diligent search, the charge of high treason could, by no stretch of the imagination, be predicated upon it. It is true that both of these men, in various parts of this correspondence, referred to the idea of a new State. But not a syllable in this interchange of letters between them breathed disloyalty to the general govern- ment, even if its tone was uncomplimentary to the dignity, if not to the integrity, of Pennsylvania.
There is no intent of presenting this lengthy and often extraneous cor- respondence in this volume, other than such parts of it as relate to proposed erection of the "State of Westmoreland."
That Historian Harvey intended to prepare a separate Chapter of this work, devoted to "The State of Westmoreland," was evident from an envelope designated by that title, found among his effects. The writer has before him all the data on this point collected in a lifetime search by Mr. Harvey. A limited quantity of additional data has followed an exhaustive investigation of the same subject.
What Mr. Harvey's conclusions were, are not apparent. The writer's own conclusions are based upon such documents as are quoted, in part, in preceding chapters. Briefly they follow :
First :- That, rather than endure further injustices, continued maladminis-
*Shortly after Franklin's arrest at Wilkes-Barre, Dr. Joseph Hamilton was apprehended on a similar charge at his home in Hudson, N. Y. President Benjamin Franklin of the Council, in writing to the Pennsylvania Delegates in Congress on October 20, 1787, referred to the "news of Hamilton's arrest with all his papers which were conveyed to New York."
On the same day, President Franklin, in another letter, expressed the thanks of the Council to Governor Clinton of New York for Hamilton's arrest and "requested copies of the papers seized."
Colonel Pickering alludes to Hamilton in a letter to his wife dated at Philadelphia, October 27, 1787, as follows: "I have the pleasure to inform you that Dr. Hamilton has been taken with a budget of letters and papers, showing his own and Franklin's treasonable practices. Hamilton, you perhaps know, wrote three of the letters taken with Stark- weather, and has been Franklin's principal correspondent in York State." See the "Life of Pickering," II : 327.
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tration of laws and the promotion of a system of land jobbing, which, up to the year 1786, marked the weak and vacillating course of Pennsylvania toward Wyoming, Col. John Franklin, John Jenkins Jr., John Swift, Zera Beach, Benja- min Harvey, Elisha Satterlee and other reputable characters of the Franklin party, finding Connecticut impotent to help them, turned to the other alterna- tive of desiring to establish a distinct government as an approved American method of securing their possessions and their liberties.
Second :- That the motives of these, and other original Connecticut settlers who shared them, were a natural product of the times, and were no more treasonable in their nature than were aspirations for self government on the part of the Colonies themselves.
Third :- That, never having taken an oath of allegiance to Pennsylvania, nor indeed, recognizing as more than a policy, the Decree of Trenton itself, their aspirations could not be classed as disloyal.
It remained for others to impart to the project a sinister aspect, which Pennsylvania has held to the mirror of opinion, in justification of harsh and un- warranted methods in dealing with a situation which at best never passed beyond a chimerical stage.
The year 1786, witnessed a disintegration of such government as the country possessed under the loosely drawn Articles of Confederation. A cen- tralized Constitutional form of national government was then merely in the making. That mistrust of the future, intermingled with memories of the past, brought to the surface the discontented of all classes, events of the time dis- close. What more natural than that some of these malcontents should interject themselves into the Wyoming situation? Here was an empire of available lands to incite their greed. Here was a just cause they might esponse, in name, the success of which would open the door to their every ambition. Right and policy were again in conflict. Members of the Susquehanna Company, and there were many among such in Connecticut who had never been to Wyoming, based their convictions on a question of right. Land speculators, disaffected persons in other communities, and uncontrollable spirits elsewhere, based their connection with the project usually on self interest and policy.
Between representatives of these two constituents of the plan, much corres- pondence had passed. Whatever of it had been intercepted became a basis in the case of the "Commonwealth of Pennsylvania vs. Col. John Franklin."
Whether a Constitution for the "State of Westmoreland" was actually drawn up, will never be positively known. Hearsay testimony alone is in its favor. There is no trace of it among original papers of the Franklin case pre- served by Pennsylvania. For a century, the search for this missing link of local history has continued in every possible repository. But the document itself, has never come to light, nor was it ever seen by anyone who wrote of it at the time.
Below is given the collateral and necessarily conflicting testimony bearing on this much mooted question, which painstaking investigation has disclosed.
During his exile in Philadelphia, November 11, 1787, Colonel Pickering wrote his brother, John, at Salem, Massachusetts, what appears to have been his unbiased views on the subject of the "State of Westmoreland."* Nowhere else in all his correspondence is the subject so fully alluded to. The letter is, therefore, quoted at length:
*See the "Pickering Papers," XXXV : 26.
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"You will have heard of the disturbances at Wyoming, whither I had moved my family. The prospeet is now changed, and I expect peace will be shortly fully established in that country. The Government of Pennsylvania appears disposed to do everything requisite for that end. The troubles originated with a few villains of some ability, but chiefly of desperate fortunes, who had formed a plan to ereet a new State in that, and the adjacent Country of New York; and taking advantage of the disaffection of a number of the Connecticut settlers at Wyoming, whose prejudices and resentments against Pennsylvania had been coeval with their settlement in this State, had really drawn into the plot a considerable number of men. But the capture of John Franklin, who was their leader to execute the plot, has disconcerted all their measures. The State have ordered in some militia for the present, and a Bill has had two readings; to authorize the Council to raise and post there a permanent military force. This will effectually overawe the insurgents (who are all dispersed) and effectually establish the authority of the State and peace of the County, I trust, without bloodshed.
"The principal conspirators lived in the States of Connecticut and New York. Their plot was so far advanced, that Major Judd, a Connecticut lawyer, had actually drawn up a constitution for their intended new State which was to be called "Westmoreland", the name of the Wyoming district when a County under the Connecticut jurisdiction.
"The pretense of the conspirators who were members of the Susquehanna Company, by which they deluded the people was, that this Company having made a fair purchase of the Indians of the soil, they had still a right to hold it, and that no act of Pennsylvania and Connecticut could divest them of it. (Then follow references to claims as to jurisdiction trial at Trenton, and the Decree.) This (the decree) gave a terrible shock to the Susquehanna Company and their set- tlers at Wyoming; and if Pennsylvania had then manifested any degree of generosity and mag- nanimity, if she had, indeed, consulted merely her own interest, she would have quieted the settlers in their old possessions, which they had derived by titles which they supposed to be good, from the Susquehanna Company. But instead of this, the conduct of the State has consisted of a series of impolitie measures, sometimes lenient, sometimes severe, and, through the abuse of power by the persons appointed to execute the orders of the State, sometimes cruel and oppressive."
Esquire Obadiah Gore likewise wrote of the matter by way of information to Colonel Pickering, then at Philadelphia. The letter is, perhaps, representative of what that faction of the settlers who were of the Pickering party, believed of the project. It follows :*
"Col. Thos. Dyer and Ebenezer Grayt have been here some time. Dyer told me that the plan of Independence here originated in the circle of a few such as Judd, Hamilton, etc., and that the plan was not known by the Committee in Windham until since Franklin was taken. Col. Gray informs me that Judd about 2 months ago wrote to him desiring that copies of the Companies records might not be sent to Wyoming, as a bad use would be made of them; and that their quon- dam friends-such as Butler, Gore and others could not be trusted * * * which was en- joined on him to keep secret from Col. Dyer. When they (Dyer and Gray) were on their journey to this place, they called on Judd, who told them that the devil and all was to pay at Wyoming; that they had not only taken Franklin and Hamilton; that he had but little before sent on a Con- stitution to the Government of that people, together with a number of letters which he concluded had fell into the hands of Government and he feared would prove fatal to Franklin as he had. not received them."
Miner (412) in the year 1845, makes this observation on the subject:
"A constitution for a new state was actually drawn up, the purpose being to wrest Wyoming and the old county of Westmoreland from the jurisdiction of Pennsylvania and establish a new and independent government, as Vermont was established in despite of New York. General William Ross told the writer, that being at New Haven in 1803 or '4, a gentleman assured him that such was the fact, and that it was understood William Judd, Esq., of Farmington, was to be the first governor and John Franklin, Lieutenant Governor. The late Captain Richards, being a highly respected and worthy man, being from Farmington, it occurred to me to inquire of him. His reply was prompt and distinct, leaving no doubt of the matter. "Yes, perfectly familiar to me. Capt. Judd showed me the draft of the Constitution. It was drawn up by Oliver Wolcott. I well remember it commenced like the Declaration of Independence, by setting forth a series of wrongs or the declaration of rights justifying the deed, and then came the organization etc.',
A memorandum in the handwriting of Colonel Pickering preserved among his papers, LVII : 226, adds some further hearsay testimony to the subject:
"At meeting of Susquehanna Company in June, 1787, Major Judd and Dr. Hosmer told John Allen of Plymouth that Judd had formed a plan of a Constitution for a new State to be erected in this country. That Mckinstry came on to aid in setting it forward, and that they ex- peeted Gen. Allen from Vermont would also come in for the same purpose. That the constitution was sent on by Asa Starkweathert and William Allen told Judd he supposed was taken on him,
*See the "Pickering Papers," LXII : 335.
+Both were men of high standing in Connecticut and members of the Susquehanna Company.
#He was at Wyoming in August, 1787 and issued a notification as the Act of the Susquehanna Company at meeting held at Hartford, Dec. 26, 1786, relative to Commissioners of the Company authorized and empowered to ascertain claims of former grants, etc Starkweather signs as "Secy "
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