A history of old Tioga Point and early Athens, Pennsylvania, Part 46

Author: Murray, Louise Welles, 1854-1931. 4n
Publication date: 1908
Publisher: Athens, Penna. [i.e., Pa.] : [s.n.]
Number of Pages: 726

USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 46

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In the library of the Historical Society of Pennsylvania are two vol- umes (largely Mss.) labelled "Connecticut Claims in Pennsylvania." Here can be found enlightening information as to the meeting above noted, not found in Archives. A printed sheet with no title contains copies of various letters, the first of which is addressed to G. Eddy by Jesse Fell, Brigade Inspector of Luzerne County, date February 26, 1795. While written with many charges of secrecy, it was at once com- municated to the Governor. Here are new schemes to render Athens important, and proving that Franklin was the instigator :

"The meeting of the Franklinites (for so I think we ought to call them) is now over, and their resolutions are here * * * they have added 1400 acres to each right which will make them 2000. The object I have not the least doubt, is a new state, whatever are the pretences held out-the same old com- pany that were lessees in New York state a few years ago-the same that were engaged with Franklin in this state about eight years ago."

At which time it was said, "Is it not well known that the Susqua. Co. consists of two sorts of men; the first of large fortunes ; the others bankrupts and men of desperate fortunes, who have nothing to lose if the Company fails."

March 3, 1795, at Philadelphia, the deposition was taken of James Duncan, as follows :

"Jas. Duncan being duly sworn, declares that he was present in twp. of Athens, Tioga Point on 20 Feb. last when proceedings & resolutions in docu- ment A following were passed, (Document A contained proceedings of meet- ing, as found in Archives) that he knows Simon Spalding, who took an active part, also John Franklin (now Sheriff of Luzerne) Elisha Satterly, John Jenkins and Peter Loop, who were present encouraging, assisting &c. That it was generally said at Tioga that it was in contemplation to erect an independent state within the limits of the Commonwealth, upon lands claimed by the Sus- quehanna Company."

In the course of the deposition Duncan avers that "it is said that it would be unsafe for any person to oppose or disapprove sd. proceed- ings at Tioga." 'Of course, this was the "Second New State Scheme."

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OLD TIOGA POINT AND EARLY ATHENS

And now great activity again prevailed in granting townships to Noah Murray, Elisha Satterlee, Chester Bingham, and others.

The books of the Company (from notes made by Rev. David Craft) show at this time many residents at Tioga Point, now utterly unknown, and innumerable transfers indicating lively times in the land office of the Company, manipulated by Assistant Clerk David Paine. The Hudson men were again very active. Many new settlers were en- couraged to come on by the "Yankys," as the Connecticut people were reported to call themselves.

April 11, 1795, relentless Pennsylvania passed the so-called In- trusion Law by which henceforth all new settlers, or those unconfirmed by Pennsylvania, were to be known and treated as Connecticut In- truders. Or, to be more exact, all who had become settlers after the decree of Trenton. This, of course, barred out New Ulster and Athens, and great was the excitement. The Connecticut people had supposed themselves secure in their new possessions, but here was the battle to be fought all over again. We can only imagine the fierce invective of Franklin, Satterlee and Matthewson, for there are no positive records of the effect of this law on the minds of the Point settlers. The famous ejectment case of Van Horne vs. Dorrance was tried at once to test the new laws. The title of Connecticut was repudiated. The State of New York also passed an Intrusion Law, 11th March, 1796, with special reference to settlements within the Connecticut Gore, or as mentioned in the counties of Otsego, Tioga and Ontario.

Meanwhile, previous to this new source of apprehension, improve- ments had been going on apace in the village. Satterlee, having com- pleted his home, had long since opened a ferry from his farm to the end of present Ferry Street. This year (1796) Matthewson built the Red Tavern and was licensed a taverner. This lot, originally Frank- lin's, was sold by him to Andreas Budd in 1793 for "Three pounds law- ful money of Pennsylvania;" a transaction not easy to understand, as, according to all records, it was occupied continuously by Matthewson. On the back of this deed is an assignment by Budd to Matthewson, un- dated. Previous to this date Elisha Matthewson had not intended to locate permanently at the Point. A sworn deposition relates that he told Col. Franklin it had been his intention to go and settle on his Pal- myra property, but that his wife objected, therefore he should buy all the land on the Point that he could, and make a stand there. And from that time, whenever possible, he purchased or exchanged for the detached lots on the Point farm, which later caused so much contro- versy. These lots are all marked M on the map of 1826.

The Red Tavern was ever famous; in it was established at once the land office of the Susquehanna Company, and it may be observed all the Pennsylvania land agents established themselves in turn across the way in "Hollenback's Store."

In spite of considerable adverse sentiment, Col. Franklin was sent to the Assembly in 1795, also in 1796, as Representative from Luzerne, thus ever keeping his finger on the pulse of Pennsylvania. It may even be inferred, from complaints of irregularities at the election for rep-

337

THE "POSSESSIO PEDIS"

resentatives in 1796, given in Archives, that the "Wild Yankees" pur- sued modern political methods and "stuffed the ballot box" in favor of their old leader. It seems curious that, after awakening such activ- ity as at the Susquehanna Company meeting of 1795, the next one should have been appointed for such a distant date, June, 1796. It was doubtless to await not only the enactment of the Intrusion Law, but to attempt certain concerted methods of resistance. A deposition found with Mss. in the Historical Society of Pennsylvania, may be an expla- nation of this delay.

The Connecticut settlers, we know, were not "banditti," as called, but they surely were a crafty lot, showing more than the typical Yankee shrewdness of to-day. John Adlum's deposition, made at Philadelphia, December 31, 1796, tells that the half-share men now take a new turn, unquestionably to evade the intrusion law. Making no mention of Connecticut or Susquehanna Company rights, they now only claimed settlement and right of possession. However, he reported :

"The Susquehanna Commissioners appointed in the previous year have a land office at Tioga Point; their secretary being a man by name of Pain or Pane, and Samuel Hepburn (a resident of Northumberland County) reports office as kept with system & regularity. The settlers are advised by Connecticut (or Commis- sioners?) to submit quietly to laws; indeed Pane the secretary and Captain West advise all to demean themselves so that the law can not touch them, and shortly they will be strong enough to act for themselves."

This seems to indicate that outwardly the Company was to have no appearance of activity. Undoubtedly the grants made in March, just previous to the passing of Intrusion Law, were with the intention of claiming only "possessio pedis." Clever "Yankys," again !

Many of these grants were near Tioga Point, but they were ex- tended toward the west into Tioga County, and even farther, largely made to residents of Athens.

Here the letters of the Paine brothers again furnish considerable enlightening information, as to the town, as well as to their personal history.

Now Clement takes the lead; his letters are teeming with advice · as to purchases, the necessity of having a good home, where they can board their own workmen, etc. He advises the purchase of Wynkoop's place (across Chemung) as a temporary residence; also mentions Swift's and Cole's as desirable ; it seems evident he proposed command- ing the situation. A letter from Seth a few months later shows that they had "a prospect of doing something clever in the land way-cer- tainly the most rapid mode of accumulating property." Subsequent events prove that both the brothers were peculiarly alert to the advan- tages to be derived from the contested titles.

The superscriptions of this letter of Seth's shows that it came by sea from Charleston to Boston, and then by devious ways to Clement Paine :

"At Tioga Point-Luzerne County Pennsylvania (To be lodged at the postoffice Wilkesbarre) (To the particular care of Guy Maxwell esq) Wilkesbarre"

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OLD TIOGA POINT AND EARLY ATHENS

Clement took temporary charge of Seth's business at Charleston in the winter of 1795 and 1796, but both he and David wrote frequent letters. Much that was transpiring in legislative and congressional ses- sions is reported in these letters :

Feb. 1796. "Previous to the late choice of Presidential electors a hand- bill was circulated in this state reprobating Mr. Adams *

* * They also lug in the land dispute thus "The N. England States by wicked and unjust preten- sions, are supporting insurrections and forcible intrusion upon the territory of Pennsylvania ; would take away millions of acres, and reduce her to become a dependent province of New England, And Mr. Adams is a New England Man !! ' They also argue against too large a proportion of principal officers of the federal government from New England."

In this same letter, written by Clement to Major Pitkin of Boston, whom he calls " a true and zealous friend to the cause of the Company," extracts are made from a letter lately received from Col. Popoon of Philadelphia, as, for instance :

"It has always been a general idea that the decision at Trenton determined the right of soil, as well as jurisdiction,"

But that he was convinced the right of soil was not yet determined, and could not see but that it did of right, and in fact, belong to Con- necticut claimants, adding :

"A gentleman who was one of the Council of Pennsylvania at time of the Trenton decision, says he then opposed doings of this state, told them they were wrong, was on the point of buying a large tract under Connecticut Com- pany, and should have bo't had it not been for the unconstitutional law, making it treason to buy or claim under them; intimated he is now determined to buy and hold on with us. He is a magistrate, and a man of influence in this state, His name must yet remain a secret. * Thomas, the lawyer believes Pennsylvania would now be glad to compromise and that the only eligible way would be to refund purchase money to purchasers under them, or recompense them, or present holders in some way; and for the Connecticut claimants to refund to the state, such sums as they should give to Penn claimants. Sedg- wick a lawyer at Newtown therefore told Thomas that 'by - they would never get the Yankees possession. Morris, Nicholson, Wilson &c. ( Penna. landjobbers) are in trouble profound, their influence lost or declining. We have only to stick to it like determined men, and hold on and hold out, and the day is our own. The. Committee of Penna. legislature are for submitting to Congress the whole contro- versy to be by them determined. If this should be the case every member of Con- gress, should be furnished with statement of the title, and indeed all the well in- formed Citizens of the United States. There is now in my religious opinion the best prospect there ever has been, and it wants nothing but firmness and resolution to win the day." (Thus far Popoon; Clement continues) "However the Penn- sylvanians may continue to hold up scarecrows, it is apparent they wish sincerely amicable compromise, on best terms obtainable. It hath been their policy to keep back public investigation, and to support their cause by fraudulent and clandestine means, which things will eventually operate against them. * * * The Connecticut settlers are warm friends to good and constitutional govern- ment, but the Penna landjobbers have represented them contrary. This is the only state in which there has been an insurrection against the government of the United States and the people of this county took an active part in quelling that insurrection, while people of other counties were aiding it.27

27 This alludes to the well known Whiskey Insurrection in 1794, a full account of which may be found in Archives, Second Series, Vol. IV, in connection with which a meeting was held at Tioga Point, October 3, 1794, with Simon Spalding and Obadiah Gore in charge. At this meeting resolutions were passed, upholding the Government, and offering to "turn out to support that free government under which we live."-See page 393, above Archives.

339

PAINE'S LETTER TO MAJOR PITKIN

"I esteem it a favorable circumstance to our claim that the purchase is so generally located into townships, whereas the claims of Penna. are exceedingly vague, and almost entirely unlocated, which has already occasioned great conten- tion among themselves. It is a well known fact that recently there were upwards of 70 suits commenced at one time before the Board of property by one indi- vidual against another under Penna. claim. The Connecticut claimants generally have their claims properly located, and almost every individual can point out his location with certainty, and say with confidence 'that is mine.' I believe it to be the general wish that a meeting of Susqua. Co. be called prior to next meet- ing of legislature of Connecticut,-arrangements should be made soon. It is wished that you or some other of the committee communicate the sentiments of proprietors in your quarter on this subject. Some good friends, convinced of the equity of our cause stile the Cont. claimants the children of God. And why may not frequent epistolary correspondence like that of primitive Chris- tians, with our friends and brethren in the faith have a tendency mutually to make us stand fast and persevere in the good work of truth and justice? Per- haps publishing frequently extracts of letters might have considerable effect on the public mind. It would promote inquiry-excite curiosity &c. If you think fit, publish any part of this letter as the opinions of a person residing at Athens, on the Susqua. purchase, and I will send you any new ideas that may arise or be suggested." He also proposes the publication of "a copyrighted pamphlet, with prefatory dedication to President or some illustrious civilian and states- man, to inform the public on the subject of our claim." (Major Elisha Pitkin had been present as a proprietor at the meeting of Susqua. Co. in 1795.)

Clement reports the arrival of several families for settlement ; men- tions that one is about to establish a manufactory of earthenware on this point, a useful and lucrative prospect ; and suggests that persons eastward encourage the coming of useful mechanics, as they are want- ed exceedingly, and may avail themselves of peculiar advantages. Doubtless the families of whom he spoke were the Conklings and Tozers, who came about that time. Ananias Conkling28 settled on a farm east of Athens at the mouth of Satterlee's Ananias Conkling Creek, now known as the Tozer or Corbin farm. He purchased the Connecticut title of No. 41, third division, of John Livingstone of Liv- ingstone Manor, New York, "with the liberty of erecting a grist mill and distillery on the creek which runs through the lot; of repairing and rebuilding the same, erecting dam," etc., recorded in Liber E, page 522, of Susquehanna Company, December 24, 1796. This land he sold to his son Jonathan.

28 Ananias Conkling was the son of Joseph of Sag Harbor, L. I .; son of Ananias of East Hampton, L. I .; son of Jeremiah, son of Ananias, the emigrant ancestor, who came from Nottingham, England, to Salem, Mass., and established with his brother John, in 1637, the first glass works in New England. Later he moved to Long Island, where the family lived until 1776. Ananias Conkling, 3rd, married Alice Leck, a descendant of Philip Leck, one of the first settlers in New Haven. At the outbreak of the Revolution he fled with his family to Connecticut, and there his daughter Hannah was married to Julius Tozer about 1786. The Conklings preceded the Tozers to Athens, where the wife died in 1798, and Ananias in 1811. They had a son Jonathan, who was also at Athens. The Conkling and Leck genealogies have been fully traced by H. B. Alexander of Geneva, Ill. Hon. Roscoe Conkling was of the same family.

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OLD TIOGA POINT AND EARLY ATHENS

Julius Tozer,29 who came a little later, first settled on the outlet of the Susquehanna, now known as Tozer's Cove. Here he built a log cabin and occupied it a few years. He then purchased the Conkling lot and, possibly, resided on it; later sold part and gave the rest to his son, Julius, Jr., whose daugh- ter holds it to-day. Julius, Sr., now moved to the west side of the Tioga River and located near pres- ent Tozer's bridge. He was an active and useful citizen, and he and his descendants have filled many positions of trust in the township.

This same month, February, 0 1796, David Paine says in a letter : zer "Col. Franklin received a letter from William Judd of Farmington (a Susqua. proprietor) saying that the State of Connecticut was disposed to favour our cause-that if it could be proved that some of our most important papers could not be obtained at the Trenton trial, but can now be had, he opined the State would take up the matter and petition Congress for a rehearing &c .- I expect Col. Franklin will attend the assembly of Connecticut in May next, respecting the business-he can not only prove that papers of importance could not be ob- tained, but that these very papers were in the hands of our opponents, and can now be obtained. I (as clerk) have set about arranging business, and mean to be prepared." In this letter a little village news and some pleasantries are inter- mingled after David's usual happy fashion. "Friend Maxwell (Guy) has settled with Mr. Hollenback, and removed to the Land of Shemmua.30 I saw Cloe, Anna, Sally, &c., &c., yesterday, we spent the evening dancing and were merry." --

Perhaps in these gay girls, some reader will recognize his or her great grandmother ! A month later he writes as to Susquehanna Company :

29 Julius Tozer was born at Montville, Connecticut, 16th June, 1764. He was the son of Samuel Tozer, a resident of Wyoming in January, 1778, according to the Westmoreland records, page 879, at which time, according to the statute law of Connecticut, he "entered his ear mark," all owners of live stock being required to ear-mark or brand the same, and register i11 town book or be fined. It is said the family returned to Connecticut after the Wyoming massacre, it seems it may have been before. It is said they came to Wyoming from Belmont, Connecticut, in 1764, the year of Julius' birth. Samuel was the son of Richard Tozer, one of the first settlers of Colchester, supposed to be the son of Thomas, son of Richard of Boston. The Tozers were originally from Devonshire, England, and many of that name still reside there. They were a family of high repute, whose history is easily traced. Samuel had also Richard and James, one or both of whom were taken prisoners by the British and died on a prison ship; Lodemia, who married Jonathan Harris, the Athens pioneer; Mary, who married Nathaniel Harris of Connecticut; and Susan, who married Joel Murray, a brother of Noah Murray, Sr., residents at Athens for a short time (known only from Welles' store books). Julius Tozer enlisted in the patriot army when only sixteen, served through the war; was at Yorktown when Cornwallis surrendered, and received an honorable discharge signed by Washington. In 1786 he married Hannah Conkling. In 1791 they returned to Wyoming Val- ley and settled at Exeter, and later at Athens. They had thirteen children; the sons, Samuel, Julius, Guy, Albert and Joel M., lived in the valley all their lives, and their descendants are here to-day, all have been worthy and respected citizens. As Julius was blind, his portrait is not very good.

30 "Shemmua" must be the name Mrs. Whittaker mentioned as derived from name of Queen Esther's sister. Maxwell was said to have moved to Newtown, but he may have first moved to Chemung.

341

THE BROTHERS PAINE

"I have been busy regulating and preparing for the first of June. I find I shall have enough to do, for many days we have been thronged with business receiving in claims &c. The business grows in repute very fast. Col Jenkins arrived here a few days since * * * he brings no good report from Hyde, * vexations vexations › * they act more like Devils than men, * have given Ezekiel (Hyde) liberty to sell some of my surveys I left at Norwich. * Ezekiel is a tool in the hands of the dishonored alderman.

"I feel determined to pursue business here. I am determined on opening a general Land office, therefore every the least information may prove very ser- viceable, do form acquaintance with people of business, obtain latest maps of the Southern world, make inquiry of land ceded to us from Indians in late treaty- perhaps you can make a purchase on long credit-some lands sell in the East from 2 to 20 cents an acre. Titles of those southern lands are very vague 'best way watch em.'"

Again come in the town incidents :

"Gordon (surveyor for Penna claimants) hath removed bag and baggage- I did not shed a tear at his departure. Maxwell is about to return on the morrow and take up his abode with us."

DAVID AND CLEMENT PAINE IN LATER YEARS

A bit of delicious gossip here slips in. As David used no names, it is given as a conundrum :

"The Doctr. and his Spouse now live together in harmony, peace and Love- in the judge's house-would you believe it I have been an instrument in the hand of providence in bringing about this remarkable reconciliation and happy meeting.'

Unquestionably this quarrel was amusing in its character, for it is related by our oldest inhabitants that a song was written about it and set to the old tune of Tyrone, and was still sung twenty-five years after. David continues :

"I have concluded to erect a house after the following form and fashion- main body 40 ft. by 18-2 wings 15 ft. by 20, one to extend from the South West the other from the northwest." (Here a plan is drawn.) "See, here it is-a rough sketch-how do you like it. I think it convenient for business &c."

This house was built somewhat back from the west side of Main Street, where the present house of E. B. Carner stands (1907). It was burned in 1870. The north wing was used as a store and office. The chief builder was Dan Elwell, who came to this locality for that pur- pose, and was a well known resident later at Milltown.

Spring opening early, David reports having sent out surveyors to run out new towns which he thinks will fetch money at the June

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OLD TIOGA POINT AND EARLY ATHENS

PAINE HOMESTEAD, ERECTED 1797

meeting ; mentions owning half a township at Standing Stone, which he anticipates selling for a good price very shortly. Also that a mo- tion was made in Assembly to divide the county (which was not ef- fected until 1804), expecting Col. Franklin home, when he will be able to form a judgment on land speculation.

"Agreable and neighborly meetings have been held, and dances both at the Point and Sheshequin which scene was closed by drinking one and a half Bushels of Egg Nogg.'

Clement now being expected home, letters ceased.

The first Monday in June the meeting of the Susquehanna Com- pany was held again at the house of James Irwin. Maj. Elisha Pitkin was made moderator; after hearing proceedings and resolutions, the meeting was adjourned until Thursday, to meet at Elisha Matthew- son's Red Tavern at nine o'clock A. M. At which time it opened as proposed, and passed a few resolutions. The minutes are very brief. Chester Bingham of Ulster was made Commissioner in room of Zeb- ulon Butler, late deceased. The resolution of a former meeting to fill up townships with twenty-five proprietors was suspended. Powers of Commissioners extended until next adjourned meeting, to be held in September. There is no record of the events of that summer, which must have been a very lively one in the settlement ; except a letter of Clement Paine to his father, as follows :

"Our present residence is at Athens on Tioga Point, County of Luzerne ; as a beautiful healthy situation, it is superior to any I have ever seen, and as a place of business it will doubtless be great, being at the head of navigation on the Susquehanna and a place of great resort for gentlemen concerned in new lands. * *

* The title of our land is growing in repute; many persons of respecta- bility and influence have purchased and interested themselves in this business."

September 13th, as agreed, the Susquehanna Company met at the Red Tavern. Simon Spalding was elected moderator (take note, for

343

RENEWED ACTIVITY OF SUSQUEHANNA CO.

it has been claimed that Spalding did not continue in sympathy with Franklin).

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A history of old Tioga Point and early Athens, Pennsylvania, Part 46

Author: Murray, Louise Welles, 1854-1931. 4n Publication date: 1908 Publisher: Athens, Penna. [i.e., Pa.] : [s.n.] Number of Pages: 726

Author: Murray, Louise Welles, 1854-1931. 4n
Publication date: 1908
Publisher: Athens, Penna. [i.e., Pa.] : [s.n.]
Number of Pages: 726