USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 40
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State funds being low, Benjamin Franklin himself furnished the astonishing sum of twelve dollars to Colonel Denison for his expenses.
At a meeting of the Council held October 30, it was reported "that the rioters lately assembled at Tioga still persist in their inten- tions to oppose the Government," and it was decided to make appli- cation to Congress for consent to raise a body of troops, not exceeding 500 men; for it was soon evident that Col. Franklin's absence was
41 "When Luzerne County was organized twenty members of the Assembly bolted, much to the disgust of the Pennsylvania land speculators, and the too subservient officials of the State." The Gazetteer intimates that Franklin was one of the "twenty."
294
OLD TIOGA POINT AND EARLY ATHENS
little assistance in quelling disorders. Pickering's expressed apprehen- sions were doubtless allayed by the promise of the council "that a suffi- cient number of troops will be sent in good time, if necessary, to take part at Tioga." Increase of magistrates was also promised, October, 1787. A few weeks later Obadiah Gore and Matthias Hollenback ad- dress the Council in a joint letter, informing them that they have been making inquiries and learn the insurgents are still determined to get on as many half-share men as possible, adding :
"Now whether it would not be policy to send a Company Immediately to Tioga Inlisted for one year-and let the reasons be published why they are sent which will prevent in a Great measure people being prevailed on to commence halfsharemen. * * * Should the Troops continue there until about the first of June next, while people Generally Get settled for a season's work, it is highly probable they may be discharged. To continue troops here (Wyoming) does not secure allegiance of the Insurgents at Tioga (where they chiefly are, and going) but the Troops being there secures the whole." These requests for troops were not granted.42 (The original of this letter is still in existence, and has been seen by the author.)
Even the loss of their leader did not subdue the Susquehanna Company. A brief meeting was held December 26, and an important one December 27, 1787. A large board of Commissioners was ap- pointed from those most interested in the new state scheme. Col. Franklin's name was included. Their duties were to acquaint them- selves with all proprietors; inspect, survey and record their claims; to arrange for holding court, to grant new townships; in fact, they were fully empowered to transact any business they deemed necessary. The Wolcotts and other prominent new state schemers were very active in both these meetings.
Though there are no records for several years after this, some interest was kept alive, as shown in future meetings.
While the allotment at Athens took place in 1786, no one seems to have gone on the ground for permanent settlement, though no reason has been found recorded. But in 1788 the migration began. In reporting to the Executive Council, Pickering wrote May 27, 1788 :
"The half Sharemen are now taking possession of lands assigned by Frank- lin, particularly at Tioga. John Swift, Elisha Satterly, Wm. Slocum, and Elisha Matthewson, are among them. These four persons I am just informed have taken possession of the lands they claim there, turning off by force the former occupants. Whether the latter had any right to their possessions I know not, but Force is the mode generally adopted in that part of the country to gain possession of lands."
What a shattering of Connecticut ideals. Satterlee and Matthew- son securing their lands by force !
At this time it was reported from "Wilksbarre" that more than 1,000 people had gone through that settlement to Niagara (ostensibly) in two weeks. These were more half-share men.
42 As to the new state project Pickering wrote in November, 1787, to his brother: "The troubles originated with a few villains of some ability, but chiefly of desperate fortunes, taking advantage of the disaffection of a number of Connecticut settlers. * * * The principal con- spirators live in the States of Connecticut and New York. * * * The conduct of the State (Pennsylvania) has consisted of a series of impolitic measures, sometimes lenient, sometimes severe, and, through abuse of power by those appointed to execute the orders of the State, sometimes cruel and oppressive. * * * Two parties, the one inside, the other outside of the State; the one open and bold, the other concealed and cunning, combined to prevent the pass- age of a confirming law, and were now doing their utmost to have it repealed."-Upham.
.
295
ABDUCTION OF TIMOTHY PICKERING
Every effort to obtain the release of Col. Franklin having proven unsuccessful, in June, 1788, the desperate measure was adopted of seizing Timothy Pickering, to be held as a hostage. While this was a Wyoming incident, the Archives tell of great activity at "Tioga." The commissioners reported that the seizure had been made by "half- share men or Wild Boys," and that they were hurrying Pickering through the woods toward Tioga Point. His captors were young men and boys said to be acting under instructions of their "great men at Tioga," Jenkins and Mckinstry. It was reported that the latter was "ready with a troop of 500 men to sweep all before him, even as far as Wyoming." Pickering, proving imperturbable and unyielding, was soon released. He at once reported that the York Lessees had a plan to execute, and that Mckinstry and Livingston probably encouraged his captors. Congress was again urged to send troops to Tioga, and appeals were made to New York and New Jersey to help quell the disorders. The people at Tioga Point were reported as mostly under arms, ostensibly in pursuit of the rioters who abducted Pickering. Poor fellows; far from being rioters themselves, his abductors were victims of a plot of a few old heads, or great men, and in many in- stances had been forced to assist in the escapade.
Jenkins, Swift and the York lessees were now reported at Cana- desaga Lake, expecting to hold a treaty with some Indians.
In the investigations that followed Pickering's seizure, Mrs. Thomas Wigton, of Mashoppen, related that when her husband ap- pealed to Col. Jenkins, inquiring if this seizure would not be a bad affair and lead to fighting, he replied: "I swear we must fight in order to have peace." Just previous to his abduction, in May, Pick- ering had reported to the Council that multitudes of old settlers had become half-share men, and said :
"At this moment great numbers are in actual possession from Tunkhannock to Tioga-I therefore continue of the opinion, That in order to establish the peuce of the county of Luzerne, it is necessary to fix a military post at Tioga, -this appears to be sound policy as well as necessity. * * * I beg leave to add another reason for fixing a post at Tioga. There are great numbers of orderly people who would come and settle in the country." While Congress agreed to send troops to Tioga, if necessary, the danger seems to have been averted.
Thus ended the first epoch of the history of the Connecticut settlers at Tioga Point. "A bold scheme, which, if successful, threat- ened to disrupt the young confederacy of states." Which turned the attention of practically the whole country on the little peninsula of Tioga Point, and required the wise counsels and quick action of the great statesman, Benjamin Franklin, to avoid a calamity. This scheme has been alluded to slightingly as merely "talk of Wild Yankees." But the State records speak for themselves, and indeed tell the whole story ; no yellow journalism, after all. Would that a modern reporter had been present to tell a truthful tale of the daily occurrences at that period. Doubtless Athens was to be the capital, because it commanded the two rivers, by which flight to New York state could be expedited, as in Indian times.
296
OLD TIOGA POINT AND EARLY ATHENS
Thus was Tioga Point, in turn, the rendezvous of the Indian, the Tory and the Wild Yankee.
And now, while poor Franklin is languishing in prison, we will retrace our steps, and consider the evident or open history of the settle- ment. Though it is certainly a pity not to discover the hiding place of the cannon, ammunition and stored provisions; doubtless some- where in the pine woods on the plains.
The Connecticut Gore.
In studying the history of Tioga Point, frequent allusions were found to the "Connecticut Gore," with no enlightening explanation. Many letters bearing on the matter have come to light among the Paine and Hollenback papers; yet it was incomprehensible until we found in the New York State Regents' Boundary Commission Report a chapter called "the Connecticut Gore," from which are taken the following explanatory extracts. These make, with the letters, a complete and interesting chain of neglected history :
"Very few of the dwellers along the Parallel Boundary, in the State of New York, are aware that the title to a narrow strip along that Line was involved in the controversy between Connecticut and Pennsylvania, and that Connecticut, after having abandoned the controversy with Pennsylvania, undertook to renew it with New York.
"The south line of the territory conveyed by the charter of Massachusetts was found to be along the parallel of latitude 40° 2', two and three-tenths miles north of the forty-second parallel, the north line of Pennsylvania. By the Char- ter of Connecticut, granted in 1662, the territory conveyed was bounded "on the north by the line of the Masschusetts Colony running from East to West, that is to say, from the said Narrogansett Bay on the East, to the South Sea, on the West part.
"Connecticut confined herself in her contest for the actual possession of the lands covered by her Charter, west of the Province of New York, to that portion of them which were contained within the limits of the territory granted to William Penn. The Indian Deed to the Susquehanna Company conveyed 'to the forty-second or beginning of the forty-third degree of North Latitude.' Connecticut had her hands full with a contest with New York over the line east of the Hudson, and evidently did not care to complicate it by setting up claims for lands which might possibly be claimed by New York in the other direction.
"The controversy went on in Pennsylvania, and was ended, so far as the State of Connecticut was concerned. The latter state had ceded her western lands, beyond the Western Reserve, to the United States, and by her acceptance of the Decree of the Trenton Commission she abandoned her claim to lands within the territory of Pennsylvania.
"Considering the Delaware River as the western limit of the Province of New York, as it was evidently construed by King Charles in his grant to Penn, and as admitted by Gov. Tryon in his report of 1774, there still remained to Connecticut the nominal title to a strip of land two minutes of latitude in width, extending from the Delaware River to Lake Erie, to which she had never laid claim, either by actual pre-emption by her agents, or by conveyance to other * * parties. *
"In 1794-5 the State of Connecticut was building a State House at Hart- ford. In those early days it seems to have been as much of an elephant on the hands of the Commonwealth as the new Capitol at Albany is held to be by some of the present generation. Andrew Ward and Jeremiah Halsey were the contractors. And in payment for materials furnished and services rendered, Connecticut hit upon the happy expedient of laying claim to this almost forgot- ten strip of land, and conveying it to Ward and Halsey.
297
THE CONNECTICUT GORE
"Under an Act of the Assembly of Connecticut, passed the second Tuesday in May, 1795, Governor Samuel Huntington executed a deed dated 25th July, 1795, in which he, for the Commonwealth, quit-claimed to Andrew Ward and Jeremiah Halsey, 'said land situated and lying within the original Charter limits of this State, on the north of, and adjoining upon the north line of Pennsyl- vania, and south of the original charter line of the Commonwealth of Massa- chusetts as before expressed.' The consideration of the deed was forty thousand dollars.
"The Colony of New York had assumed jurisdiction over the lands in question *
* more than twenty years before * * had entered upon the en- tire area of the strip or "Gore," and with a few inconsiderable exceptions in the southeastern part of Broome County, had conveyed it away, and settlers were in possession at various points. (Page 431.)
That this latter statement is not exactly true may be proven by letters and other data in the author's possession.
Mrs. Perkins, in "Early Times" (p. 62, second edition), says :
"Among the papers of John Shepard was a statement of the boundaries of a lease dated March 1787, from the Chiefs of the Senecas and Cayugas to Ben- jamin Birdsall, Simon Spalding, John Shepard, Matthias Hollenback, Obadiah Gore, Elijah Buck, and many others, beginning at the Narrows five miles above Newtown, on the Tioga; thence east to Awaga (Owego) creek; thence down the Awaga to the Susquehanna river ; thence down said river until it strikes the Penn- sylvania line; then on said line until it strikes the 79th mile stone (just west of Seeley Creek) ; from thence a northerly course to the place of beginning."
It has been impossible to find this paper at present. Doubtless the same lease is alluded to in "Annals of Binghamton" (pp. 129-133). which says :
"A little previous to 1788 Judge Gore and Gen. Spalding from Tioga Point rented the land lying between the Pennsylvania line on the south, the pre-emp- tion line on the west, the two lakes on the north, and the Chemung Narrows on the east, for ninety-nine years."
Among the Hollenback papers is an original document, dated May, 1787, signed by Joseph Smith, John Lambert and Harris Jones, of Albany County, New York, who
"By these presents constitute and appoint our Trusty friends Lawrence Tremper (of New York State) and Mathias Holenbeck and John Sheppard (of Penna.) to be our lawful attorneys to transact all matters relative to a lease of land obtained from the Necessary chieffs of the Sinnaca Nation of Indians to Benj. Birdsall, L. Tremper, Simon Spalding, Mathew Holenbeck and others bearing date the 5th of March 1787 on the waters of Tioga and Elsewhere," etc., indicating that the company originally contained these men and other New Yorkers. Among the Paine papers are various copies of letters to and from Jeremiah Halsey, giving further enlightenment. Ward and Halsey had organized a company called the "Connecticut Land Company," for the purpose of taking up the land in the Gore, and they soon heard of the Indian lease. In reference to letters from Gore and Spalding, Colonel Halsey wrote that the Proprietors of the Gore, "who are a very strong concern," relied on him to prevent pending suits, etc .; further respecting the Lease from the Natives, Halsey enclosed a copy of a suggested transfer, which he wished executed by each of the Lessees and forwarded to him, the transfer to be on the back of the lease :
"As to expenses will do justice and provided the Proprietors of the Gore gain anything under Connt. title by the transfer, I will pay what is generous, even if it amount to the whole purchase money given to the Natives."
298
OLD TIOGA POINT AND EARLY ATHENS
The suggested transfer was as follows :
"To all people to whom these Presents shall come Greeting; Know ye that we the undersigned for the consideration of $3000, to us in hard paid by Jere- miah Halsey of Preston in the County of New London and State of Connecticut, do therefore hereby convey and assign the within written Lease to him the sd Jeremh Halsey & his Heirs & Assigns forever, together with all our right title," etc., etc.
The suggested receipt was as follows :
"Hartford June 4, 1796-Recd of Simon Spalding, Obad Gore, Lawrence Tremper, Mathias Holenback & John Shepard an Indian Lease bearing date the 5 March 1787, of a tract of land on the waters of the Susqua & Tioga Rivers, from Littlebeard, Bigtree and others of the Seneca and Cayuga nations, which said lease I promise to account for agreeable to our agreement, which I received by the hand of John Franklin Esq. Recd &c Jerh Halsey."
There were also letters sent by Franklin, from Clement Paine and others in the interests of those who had already settled in the Gore, anxious to make some satisfactory arrangements with the new owners, all "wishing fervently that Halsey might be successful in a cause which appears so just." The letters of Obadiah Gore and Mat- thias Hollenback, written two years later, show that the proprietors of the Indian Lease were not fairly treated by Halsey. As Gore put it:
"The receipt does not make you sufficiently accountable to us. You can by this time determine if it will be serviceable in your Tryal-if so-we expect to be made good for it about £1600, N. Y. Currency-should you consider the lease of no use we will take it again."
The receipt gave no encouragement of compensation, and Gore thought the matter should be adjusted before Halsey's impending trial (probably by New York State). It was decided that Matthias Hollenback should go on in person, and a sorry chase he had. Halsey was found, but he claimed the lease was at Hartford or New Haven, or any other place he thought of. Mr. Hollenback was led from place to place on false promises. He was shown the lease, but not allowed to keep it, and learned that Col. Halsey was a mass of deceit, and had even intercepted letters concerning the Gore. Feeling that he was trifled with, Mr. Hollenback gave up in despair and returned home in May, 1799. Two months later Obadiah Gore again took a hand; in- terviewed Col. Halsey and, as he says,
"Got an additional receipt which reduces the matter to a certainty as to three thousand dollars."
Meanwhile the claimants under Ward and Halsey undertook to gain possession, and the matter was brought to the attention of the newly-elected Governor Jay of New York, who at once laid it before the Legislature, to which Halsey also sent a "representation." New York was up in arms ; in less than a month the Legislature passed
"An Act to prevent Intrusions on lands within the Jurisdiction of this State under pretense of Title from the State of Connecticut."
Some suits of ejectment were brought in the United States Circuit Court for District of Connecticut for the Connecticut Claimants. The New York Legislature instructed the Governor to direct the Attorney General, with such counsel as might be required, to defend these suits,
299
FAILURE OF WARD AND HALSEY'S CLAIM
and appropriated $5,000 toward expenses. Legislation by Congress was recommended by the Attorney General, to permit trials in places where non-interested juries might be secured. Accordingly, an act was introduced, but failed to pass. The case was taken to the Supreme Court of the United States; but before a decision was reached, the Connecticut Legislature made a move for an amicable adjustment, having already offered to release juridical rights over the territory when the proprietors of the Gore should have adjusted all disputes. The Supreme Court soon rendered a decision, declaring that the states were not parties, and that the Circuit Court had jurisdiction, closing thus :
"How far a suit may with effect be instituted in this Court to decide the right of jurisdiction between two States abstractedly from the right of soil, it is not necessary to determine. The question is a great one, but not before us."
When next the cases were called in the District Court at Hart- ford, the plea of jurisdiction was sustained on the ground that Con- necticut had renounced all claims to lands laying westward of the east line of New York. The cases were thrown out of court, with costs upon the claimants. As is expressed in an appeal printed in 1829, "here the hopes of the Gore Company terminated," and the projects of gain under the grant to Ward and Halsey vanished in a moment. No further efforts were made to obtain possession, the claimants content- ing themselves with presenting their claims to the State of Connecti- cut, and printed appeals to the public. The Gore Company lost many thousands of dollars, and its short story was ended. If the proprietors of the old Indian lease received their $3,000 from Halsey, as agreed, they surely fared better than company or claimants; but there is no record that they did. There is a memorandum by M. Hollenback : "See Obadiah Gore what he did with Halsey's note of $3,000." Their title seems to have held to at least a part of the land for which they had taken a patent from the State of New York in 1796, apparently after they heard of Ward and Halsey's claim. Lot 142 was the Sing-Sing tract and is still in the possession of heirs of Mat- thias Hollenback.
CHAPTER XV
1786-1798 THE PIONEERS
The Original Proprietors of Athens-The Beginnings of the Settle- ment-Excitement Over Indian Murders-First Suit in Local Controversy-Erwin's Claim-Many Newcomers-Franklin Re- leased-Renewed Activity of Susquehanna Company-Second . New State Scheme-Agitation Over the Intrusion Law-Condi- tions of Trade-General Town History to 1798
"Through the deep wilderness where scarce the sun Can cast his darts along the winding path, The Pioneer is treading. In his grasp Is his keen axe, that wondrous instrument That, like the talisman, transforms Deserts to fields and cities. He has left The home in which his early years were past, And, led by hope, and full of restless strength, Has plunged within the forest, there to plant His destiny."
ORIGINAL PROPRIETORS OF CERTIFIED ATHENS, 1786.
Divisions 1st 2nd 3rd
Divisions 1st 2nd 3rd
John Hurlbut
1 43 22
Benjamin Gardner
28 12 47
Elisha Mathewson
2 30
43
William Jenkins
29
9 34
Ethan Allen
3 24 21
Eleazer Slocum
.30
16 13
Joel Thomas
4
48 14
Nathan Carey
.31
36 16
Oliver Bigelow
.5
22 18
Richard Halstead .32
16
32
Richard Halstead 6
32
39
Benjamin Allen .33
10
5
Reuben Cook 7
5 26
John Franklin
.34
17
23
Public Lot 8
51 8
Ishmael Bennett
.35
20
29
John O'Neil
9
31
25
Elisha Harding
.36
37
7
Prince Alden
10
23 36
Elisha Satterlee
.37
8
42
Thomas McClure
11
44 11
Benjamin Smith
.38
26
28
Phineas Stephens
12
28
40
Abraham Miller .39
34 31
Matthias Hollenback 14
13
3
John Jenkins .41
27
37
Richard Halstead
16
39
1
Ira Stephens
42
4
53
William Slocum
17
49
30
John Hageman 43
47
12
William Jackaway 18
29
20
Abraham Nesbit 44
41
35
Waterman Baldwin
19
50 49
Mason F. Alden.
45
3
51
Christopher Hurlbut
20
11
17
Jonathan Burwell 46
7 52
William Hyde
21
40
6
Nathaniel Cook .47
38
27
Asahel Buck's Heirs
22
19
41
Thomas McClure 48
45
15
Public Lot 23
53
10
Richard Halstead .49
15
48
William Jones
24
42
33
Gideon Church 50
18
46
Nathan Denison
.25
2
2
Public Lot 51
52 9
Thomas Baldwin
.26
25
19
John Swift . 52
35 24
Eldad Kellogg
27
33
45
Thomas Handy
.53
14
50
300
Uriah Stephens
13
21
44
John Franklin . 40
1
4
Solomon Bennett
15
6 38
301
CONFLICTING LISTS OF PROPRIETORS
The original proprietors; who were they, and whence; and how many became permanent settlers at Tioga Point? As Athens was a certified town, it would seem these questions could be easily answered. It was, therefore, a surprise when research revealed four or five lists of "original proprietors" which are not alike. There is one in a little home-made book, labelled "Field Notes," long supposed to be John Jenkins' original notes ; till a friendly surveyor mildly suggested that field notes were generally made with pencil, and we are sure there were no fountain pens then in vogue. Another list on the back of Zephon Flowers' map is labelled "copied from Jenkins." Another, furnished for Craft's history by Edward Herrick, Jr., source unknown. In Mr. Craft's note books are two more, labelled, respectively, "Paine's List" and "Jenkins' List." Doubtless the original notes of Col. Jenkins are still in existence, but as is well known, the Jenkins papers are in- accessible. Having no response to our inquiry in that quarter, the de- cision was made to give Flower's list, as follows :
1ST DIVISION.
1-John Hurlbut (Flower, Paine and Jenkins)-Zera Beach (Craft).
6-Richard Halstead (Flower)-Blank Lot (Paine and Jenkins)-Justus Gay- lord (Craft).
7-Reuben Cook (Flower, Paine and Jenkins)-John P. Schotts (Craft).
16-No 16 but two 34's (Flower and Paine)-Last 34, Duane & Patrick (Flower). Daniel McDowell's name crossed out and Duane & Patrick written in different ink (Paine). No 16 and one 34 (Jenkins). No 16 Zera Beach (Craft). The first 34 on Flower and Paine notes is John Franklin, which is correct.
28-Benj. Gardner (Flower, Paine and Jenkins)-John Mckinstry (Craft).
39-Abraham Miller (Flower, Paine and Jenkins)-Duane & Patrick (Craft).
47-Nathaniel Cook (Flower, Paine and Jenkins)-Zera Beach (Craft).
49-Richard Halstead (Flower)-Blank Lots (Paine and Jenkins)-Zera Beach (Craft).
53 -- Thomas Handy (Flower, Paine and Jenkins)-John Shepard (Craft).
2ND DIVISION.
5-Reuben Cook (Flower, Paine and Jenkins)-John P. Schotts (Craft).
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