USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 30
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Query I. What was the territory claimed by Connecticut ?
Answer. This is most easily understood by reference to the ac- companying map, copied from one used by Charles Miner in his his-
NEW
Lake Erie
YORK
CONNECTICUT
CONN.
WESTERN
CONNECTICUT
CLAIM
.. RESERVE
PENNSYLVANIA
NEW
Pittsburg
Trenton JERSEY
PANLA
ake Bay
Map Showing the Connecticut Claim in Pennsylvania and the Western Reserve in Ohio.
223
CHARTERS GRANTED BY KING CHARLES
tory of Wyoming,2 where the territory is designated by lines drawn across Pennsylvania, corresponding with the upper and lower bound- aries of Connecticut. While this extended entirely across Pennsyl- vania, and some effort was eventually made to settle all the claim, the great activity was in the Susquehanna Valley; therefore, the history of the Connecticut claim is of special interest in this valley; and the more so, because at Tioga Point, or Athens, as they chose to call it, the fierce defenders of Connecticut faith made their last stand; and, according to their standards, won the day. The reader is invited to fight their battles over again, and make the decision for himself.
Query II. What were the boundaries designated in the charters granted by King Charles to Connecticut colonists, and to William Penn ?
Answer. The English having discovered North America from latitude 34° to 48°, and made entry upon it, the British Crown at once assumed a right to it; and divided aforesaid territory into two great provinces, called South Virginia, and North Virginia, or New England. In 1662 Charles II granted to Connecticut colonists the strip of land bounded by Narraganset Bay on the east, and the South Sea on the west ; * * or, as James I had already granted it in 1620, "from sea to sea," between latitude 41° and 42°. In 1681 the same King, Charles II, granted to William Penn lands having the 42d degree for their north- ern boundary, thus overlapping by one degree the grant made nineteen years earlier. Nor was it (as has often been said) done in ignorance, either of the width of the continent, or the overlapping of boundaries.3 We have but to consult the records and maps of the time to be con- vinced that Charles II was well aware of these seeming errors. The special point made by Connecticut was that Connecticut colonists had the prior grant ; therefore, it could not be set aside. But a little inves- tigation shows that in the time of Charles II the Crown had many rights now given over to Parliament.
"The right of the sovereign to grant land was just the reverse of the rights of a private individual. With the King it was the last grant which was valid; and all prior grants were void. The title of the King was never exhausted. This system gave the colonists endless trouble, and proved the basis of one of their complaints in the Declaration of Independence."-Fisher.
2 Here reproduced by courtesy of Tioga County Historical Society.
3 In perhaps the only paper published in defense of Pennsylvania, that of Rev. William Smith, Provost of the University of Pennsylvania in 1774, he says, "The notion of extending the Claim of the Colony of Connecticut seems to have been first started by a certain schemer, and has since been generally treated as the wild chimera of a visionary brain." (Unfortu- nately he does not name the schemer.) He also says: "Hutchinson says the geography of this part of America was less understood than at present. Some of Champlain's people, who had been but a few days' march from Quebec, reported joyfully that from the top of a high mountain they had discovered the South Sea. We all know what were the original motives of our ancestors in the first adventures to America. The mines of Peru and Mexico had raised the attention of Europe. All lands toward the South Sea were considered as rich re- positories of the precious dust; and other nations were desirous of sharing with the Spaniards the Golden Harvest. The extent of this northern continent was not known. It was consid- ered as a sort of isthmus, not much wider perliaps than that of Darien, and the voyage of the circumnavigators had been in such a track as not to discover the mistake. In 1608 the great Council of Virginia considered their country as a sort of isthmus of this kind. A barge made in sections was fitted up in England to convey them to the South Sea, and the Captain and his company were ordered 'not to return without a lump of gold, a certainty of the said Sea,' or one of the lost Raleigh Company. The South Sea was therefore put into the great original patents of Virginia with derivative grants, but certainly not with the intention of vesting any of the grantees with a country afterwards found to be at least 3000 miles across."
224
OLD TIOGA POINT AND EARLY ATHENS
The attorney-general of England thus reports :
"The tract of land desired by William Penn seems to be undisposed of by his Majesty, except the imaginary lines of New England patents, (which are bounded westerly by the main ocean) should give them a real though imprac- tical right to all those vast territories."
Fisher says :
"The lord commissioners (of trade) do not seem to have the slightest doubt as to the legal right of the King to make the grant (Penn's) without re- gard to whose territory it would overlap."
Among these commissioners were some of the greatest lawyers of the age.
Query III. What was the Susquehanna Company ?
Answer. For this answer we quote at length from Miss Larned's "History of Windham County, Connecticut," pp. 556 to 560:
"The chief public interest in Windham between 1750-55, was the grand colonization scheme then brought before the public. That spirit of enterprise, that migratory impulse, which has led the sons of the Pilgrims from Plymouth Rock to the coast of the Pacific, was early manifested in Windham County. In 1750 the spirit of emigration, long smoldering, broke out into open flame. Con- necticut's chartered right had never been yielded. The marvellous richness and beauty of the Susquehanna Valley were already celebrated, and now it was proposed to plant a Colony in this beautiful region, and thus incorporate it into the jurisdiction of Connecticut. The originators of this notable scheme are unknown; but it was soon promulgated and discussed in several Windham County townships, and, early in 1753, thus laid before the General Assembly :-
"To the Honorable Assembly, to be holden at Hartford, second Thursday of May next, the memorial of the subscribers, inhabitants of Farmington, Wind- ham, Plainfield, and of several other towns, all of Connecticut Colony, humbly showeth : That, whereas, there is a large quantity of land lying upon a river called Susquehanna, and also at a place called Quiwaumuck, and that there is no English inhabitant that lives on said land, nor near thereunto, and the same lies about seventy miles west of Dielewey River, and, as we suppose, within the charter of the Colony of Connecticut, and that there is a number of Indians that live on or near the place of land aforesaid, who lay claim to the same, and we, the subscribers, to the number of one hundred persons, who are very desirous to go and inhabit the aforesaid land, and at the place aforesaid, provided that we can obtain a quiet or quit-claim of the Honorable Assembly, of a tract of land lying at the place aforesaid, and to contain a quantity sixteen miles square, to lie on both sides Susquehanna River, and as the Indians lay claim to the same, we propose to purchase of them their right, so as to be at peace with them; where- upon, we humbly pray, That the Honorably Assembly would grant to us a quit- claim of the aforesaid tract, or so much as the Honorably Assembly shall think best, upon such terms as your Honors shall think reasonable, and in such a way and manner, that in case we cannot hold and enjoy the same by virtue of said grant, yet notwithstanding, the same not to be hurtful or prejudicial on any ac- count to this Colony ; and in case we can Hold and possess said land, then to be always under the government, and subject to the laws and discipline of this Col- ony ; and provided, that we, the said subscribers, shall within three years next coming lay the same out in equal proportion, and settle upon the same, as also purchase the right of the Natives as aforesaid, or in some other way grant us the land aforesaid, as your Honors shall think best, as we, in duty bound, shall ever pray.
"March 29, 1753.
"A meeting for forming a company for the colonization of the Susquehanna Valley, was held in Windham, July 18, 1753. A large number was present, and great enthusiasm manifested. Articles of agreement were presented and adopted, receiving more than two hundred and fifty signatures. Jonathan Skinner, Jabez Fitch, Eliphalet Dyer, John Smith and Captain Robert Dixon, were appointed a committee 'to repair to the place on said river, view said land and purchase
225
THE SUSQUEHANNA COMPANY
right of natives, receive, prepare, lay out and convey said land'-the company agreeing that each subscriber should pay to the committee 'two Spanish milled dollars before said committee thus going to settle, set out on said business; and on their return upon their rendering their accounts, pay each one's proportion of expense.' They were further instructed to set out immediately, or before September 1, to secure a tract of land twenty miles one way and ten another, and not expend over a thousand pounds.
"Applications for admission to the Company soon came from every corner of Connecticut.
"During the summer, negotiations were successfully conducted between representatives of the Six Nations, which claimed the land, and Messrs. Wood- bridge and Dyer on behalf of the Company, and a deed secured of a tract of land called Quiwaumuck or Wyoming, in the Susquehanna Valley. The suc- ceeding meeting of the Susquehanna Company was held in Hartford, November 27, 1754. The project now had far outgrown county limits and embraced the whole Commonwealth.
"Phineas Lyman, George Wyllis, and Eliphalet Dyer were appointed a com- mittee, to manage, transact and do everything in the name and behalf of the Susquehanna Company, on order to prefer the circumstances of the purchase lately made of the Indians, and all proper exhibits, to lay before his Majesty for his grant and confirmation. It was voted, to petition the Assembly for in- corporation ; that two dollars more be raised on every old share and one dollar on half a share, to be improved in completing the purchase, and that the clerk be a receiver, and that he transmit the same into the hands of the treasurer. One thousand dollars were ordered to be immediately transmitted to Colonel John Henry Lydius of Albany, in order to complete the purchase, in compliance with the agreement of the agents, and more if necessary. Eight hundred 'whole- some persons' were now allowed in the company; new subscribers paying nine dollars per share. Samuel Talcott of Hartford, Isaac Tracy of Norwich, Samuel Gray of Windham, Oliver Wolcott of Litchfield, Samuel Bishop of New Haven, and Joseph Wakeman of Fairfield, were intrusted with the management of af- fairs in their respective counties. There were eventually above 1200 members. "In May, 1755, an address was prepared and presented to the Assembly, asking its countenance and protection in erecting a new colony, with liberty to employ suitable persons to erect monuments at the corners of the land already purchased, procure and lay out a township, and to build and erect sufficient forti- fications, a grist-mill and saw-mill. In response to these requests, the Assembly resolved :-
""That they are of opinion that the peaceable and orderly erecting and car- rying on some new and well-regulated colony or plantation in the lands above- said would greatly tend to fix and secure such Indian nations in allegiance to his Majesty and friendships with his subjects, and accordingly hereby manifest their ready acquiescence therein, if it should be his Majesty's royal pleasure to grant said lands to said petitioners, and thereon erect or settle a new colony in such form and under such regulations as might be consistent with his royal wisdom, and also take leave humbly to recommend the said petitioners to his royal favor in the premises.'
"As incorporation and confirmation were beyond the province of the Gov- ernment of Connecticut, the Company was forced to await the issue of an appeal to the Crown. The culminations of the long-standing difficulties between Eng- land and France prevented further action at this period. A protracted war was at hand. Hostilities had already commenced and the Susquehanna Company was forced to defer occupation of their Purchase till a more favorable time."
As is well known, the first settlement was eventually made at Wyo- ming, which was the seat of all disorders until the Decree of Trenton.4
The above gives an idea of the general sentiment in Connecticut, the proceedings of the Susquehanna Company being at first disclaimed by their own colony.
4 March 13, 1754, Governor Wolcott of Connecticut, thus wrote to Governor Hamilton of Pennsylvania (for whole letter see II Pennsylvania Archives, p. 126): "There being now no unappropriated lands with us, some of our inhabitants hearing of these lands at Susque-
226
OLD TIOGA POINT AND EARLY ATHENS
Query IV. What is meant by the Indian Purchases ?
Answer. The Indian purchases were as varied and conflicting as the charters ; but it must be attributed to the characteristics of the In- dian. Being always more or less migratory, title to them meant merely the right to hunt or fish. Option or pre-emption was beyond their com- prehension ; and there is little doubt but that the white man, even the puritanical proprietors of the Susquehanna Company, took advantage of this.5 October 25, 1736, twenty-three chiefs deeded to the Penns all the lands within the limits of Pennsylvania. The deed was made out to the Proprietaries of Pennsylvania (a name given to Penn, his heirs and agents), and agreed :
"That neither we nor any in our nations, will at any time bargain, sell, grant, or by any means make over to any person or persons other than said Proprietaries * * * any lands within Pennsylvania as it is bounded north- ward by the government of New York and Albany."
This was the famous deed of pre-emption of which so much was said in discussion of Indian title. Craft says this deed was indorsed, confirmed and ratified by the chiefs of the Six Nations, July 9, 1754.
Governor Hoyt says that on July 11, 1754, only two days later, eighteen chiefs deeded to the Susquehanna Company6 (through the agency of Colonel Lydius of Albany) a tract of land embracing the tract afterward known as Westmoreland. (These deeds can be found in Hoyt's Brief, page 15.) The Indians later claimed that this was a fraudulent deed ; that only a few of them were consulted, and that they were purposely put under influence of liquor, etc., etc. (see Hoyt, p. 39). In 1768 the Six Nations deeded to John and Richard Penn all of Pennsylvania not heretofore purchased. As all these purchases were called in question by the opposing party, it seems reasonable to suppose that all the Indian chiefs failed to participate in any one of them. (The Pennsylvania. Archives and Smith's Laws give these deeds in full.) The London Magazine of 1753 says :
"America, Connecticut, July 27, 1753, several hundred people of this colony have agreed to purchase a large tract of land of the Six Nations, on the Sus- quehanna, about 300 leagues to the westward, lying within the limits of their charter, to settle upon it, expecting that it will in a short time be a distinct government."
hanna, and that it was north of the grant made to Mr. Penn, are upon a design of making a purchase from the indians, and hope to obtain a grant of it from the Crown. This appearing to be a design to promote his Majesty's interest * * * we were all well wishes to it. But Mr. Armstrong informs me that this land is certainly within Mr. Penn's grant; if so I dont suppose our people had any purpose to quarrel with Penna. Indeed I dont know the mind of every private man, but I never heard of our leading men expressing themselves so inclined."
5 When the representatives of the Six Nations met the Pennsylvania Commissioners in 1754 to sell some Susquehanna lands, they made reservations as follows: "We will never part with the land at Shamokin and Wyoming; our bones are scattered there, and on this land there has always been a great council fire. We desire that you will not take it amiss that we will not part with it. We have heard that our Brother Onas (Penn) and our Brother of New England have had some Disputes about the lands of Susquehanna. We desire you would not differ with one another about it, for neither shall have it. We will not part with it to neither of you."
Again, "As to Wyommick and Shamokin and land contiguous thereto on Susquehannah, we reserve them for our hunting ground, and for the residence of such as in this time of War shall remove from among the French and choose to live there. Nobody shall have this land."-Colonial Records, Vol. VI, pp. 116-119.
6 The original of this deed is still in existence, now in collection of Historical Society of Pennsylvania, and has been examined by the author. The Indian signatures are most cur- ious; when unable to write they used their totems as distinctive marks.
Afterwards the Indians spoke of the deed to the Susquehanna Company as "the deceit- ful Deed that John Lydius inveigled some of us to sign." "We agree that the deed should be destroyed," etc .; proposing that Governor Morris should find a way to oblige the Government of Connecticut to discontinuance of this proceeding."-Colonial Records, Vol. VI, p. 277.
227
PENNAMITE WARS, DECREE OF TRENTON
This may be called the first printed notice of the proposed set- tlement.
Query V. What were the Seventeen Townships, and where lo- cated ?
Answer. The Susquehanna Company granted townships five miles square along the Susquehanna, so run as to include as far as possible the fertile river flats (often already cultivated by the Indians), avoid- ing the hill lands. The Seventeen Townships were those occupied or acquired before the Decree of Trenton; they extended in blocks from Berwick to Tioga Point, and contained about 3,000 inhabitants at the beginning of 1778.
Query VI. What were the Pennamite Wars ?
Answer. When the settlers under the Susquehanna Company first came to Wyoming Valley, they found Pennsylvanians already on the ground, prepared to contest the rights of Connecticut. Then ensued years of strife with forts, armed troops, battles, bloodshed and ani- mosity incredible. The Puritans were conscientiously tenacious and intolerant toward the Quakers. There were several distinct conflicts, always known as the Pennamite or Yankee-Pennamite Wars. The first began in 1769 with Ogden, an Indian trader from New Jersey, as leader of the Pennsylvanians. He was followed as leader by Colonel Plunkett of Northumberland, whose movement was called the "Plunk- ett Invasion." The third Pennsylvania leader was Alexander Patter- son, Chairman of Committee of Pennsylvania Landholders, who came armed with authority as justice of the peace; "he was a despicable man."
Harvey says there were but two wars, ending, respectively, in 1775 and 1784; others, generally, say three. "Each was a bloody con- flict, full of complications, breaches of faith and treachery." (Fuller accounts will be found in Miner's "History of Wyoming," and Har- vey's "History of Wilkes-Barré.")
Query VII. What was the Decree of Trenton ?
Answer. The Revolutionary War was no sooner ended than Penn- sylvania appealed to Congress to settle the dispute. Accordingly in 1782, in spite of some protests from Connecticut, Congress commis- sioned seven men from different states, who should constitute a court, which began its sessions at Trenton, N. J., November 12, 1782. The trial and argument lasted forty-one days. It was agreed that all pro- ceedings should be kept secret; and only brief notes have come down to us, to be found in the Archives and in Hoyt's Brief aforementioned. The decision was short, carefully worded, and as follows :
"The cause has been well argued by the learned Counsel on both sides. The Court are now ready to pronounce their sentence or judgment. We are unanimously of the opinion that Connecticut has no right to the lands in con- troversy. We are also unanimously of opinion that the jurisdiction and pre- emption of all the territory lying within the Charter of Pennsylvania, and now claimed by the State of Connecticut, do of right belong to the State of Penn- sylvania."
This decree was quietly acquiesced in by the State of Connecticut. It was recognized as an important step in nationality, being the first
228
OLD TIOGA POINT AND EARLY ATHENS
decision under the Continental Union of a serious dispute between two independent States. But, if Connecticut, as a State, acquiesced, the settlers under the Susquehanna Company did not; they held their case as still undecided. The Trenton decision was only as to jurisdiction. The commissioners in a private letter7 requested Pennsylvania to re- spect the right of soil, as it was called ; that is, that the original settler has the right of possession until otherwise proven, for, as has been well said, "the first foothold of the pioneer was the best of titles." Every new tribulation of the Connecticut settlers was more complicated than the last. The controversy over the right of soil was the cause of the last Pennamite-Yankee War.
NOTE 7.
"Trenton 31 Dec 1782
"Sir-We take the liberty to address your Excellency, as private Citizens, lately honored with a Commission to hear and determine the Controversy be- tween the States of Pennsylvania and Connecticut, relative to disputed Terri- tory. In the course of executing this Commission we have found that many Persons are or have lately been settled on the lands in Question. Their indi- vidual claims could, in no Instance, come before us, not being within the line of our appointment. We beg leave to declare to your Excellency that we think the situation of these People well deserves the notice of Government. The dispute has long subsisted ; it may have produced Heats and Animosities among those living on or near the Country in Contest, and some Imprudences may take place and draw after them the most unfavorable consequences. With all
deference therefore we would suggest to your Excellency and the Council whether it would not be best to adopt some reasonable measures to prevent any the least Violence, Disorder, or misunderstanding among them; and to continue things in the present peaceable posture until proper steps can be taken to decide the Controversies respecting the private right of soil in the mode prescribed by the Confederation. We doubt not an early Proclamation from the Executive of Pennsylvania would have all necessary good Effects; and we feel ourselves happy in the fullest confidens that every means will be adopted or acquiesced in by the State, to render the settlement of this dispute complete, and satis- factory, as far as may be, to all concerned.
"We have the Honour to be with great respect your Excellency's most obedient and very Humble Servants.
"His Excellency John Dickin- son Esqr."
Um. Whipple) Macome Amoto
"On the back is written 1783 Jan 2. From Commissioners &c. read in Council same day."
Davi, Brearley
229
THE COMMISSIONERS' SECRET LETTER
This letter was a secret, and was lost for years, and at last brought to light by Timothy Pickering. Many copies were made and put into circulation. The original is now in Athens in the possession of the heirs of Edward Herrick, Jr., from which the autographs were reproduced. Pickering having heard of this letter attempted to find it by writing to Briarley, who answered as follows :
"Trenton 4 March 1790.
"Timothy Pickering, Dear Sir-(After telling that he cannot find letter wanted.) We had very strong reasons for writing the letter to the President of Pa. We are fully acquainted with the peculiar circumstances of the New England settlers, that they had settled in good faith, &c., and if state attempted to dispossess they would become desperate and civil war be the consequence. That therefore the interest of humanity and the policy of the state would lead them to adopt the measures we recommended. The letter bore no official author- ity, we subscribed it as private citizens. Nevertheless we did conceive that it would have found weight, as it must be apparent that our means of information have been better than those of any other persons who were disinterested.
"DAVID BRIARLEY."
Three years later Pickering tries again with better success, as here shown: "Wilmington March 30 1793.
"Yesterday on my Return from a Journey I received thy Letter of the twenty fifth instant. It gives me very particular pleasure that I have found the letter from the Commissioners. Confiding that it will be immediately de- livered to the Supreme Executive of Pennsylvania, it is enclosed.
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