A history of old Tioga Point and early Athens, Pennsylvania, Part 50

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 50

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Also all that part-lying south of the town-Beginning at the distance of eight perches and five links from the south side of Hamilton Street and twenty five feet west of a stone fixed on the east side of the road, and running thence N. 7712º E. parallel with Hamilton St. to the river Susquehanna; thence binding on the said river northerly to Hamilton St. at a distance of 8 prs. 5 links on a right angle from the first line, thence binding on Hamilton St. westerly to the River Chemung. Thence southerly, by and with the Chemung till it strikes a line parallel with Hamilton Street and at the distance of 8 ps. 5 links therefrom, and thence easterly along said line to the beginning: laid off for 6 as. 17 hundredths.

Also,-South of the town-Beginning at a buttonwood tree on the River Chemung, thence N. 771/2° E. 29 chains 73 links to center of main road. Thence by the middle of main road, S. 25° W. 22 chains 50 links, opposite to a stone fixed on the east line of the main road, 25 feet from center thereof; thence S. 7712° W. 35 ch. 22 1. to R. Chemung: & Thence by R. Chemung northerly to the beginning; laid off for 56.33 acres.

Also all those 276 lots within said town of Tioga Point surveyed and plotted by James Pumpelly distinguished by numbers (here omitted * * * on Tioga Way, Mary la bone St.,

367

THE WELLES-CATON PARTITION

below "the White Gate." 11 Also twenty-four lots or parcels of ground in the heart of the village, west of Union Street, the land now lying between Chemung and Elm Streets.

November, 1802, Caton writes to George Welles, alluding to various unanswered letters, a negligence due, no doubt, to Welles' dis- satisfaction with Caton's proposals. This letter was sent by the hand of a Mr. Worthington, who came to consider the country and its resources with a view to establishing himself as a merchant. Caton concludes :

"I must now try at the oar, and regain part of what I have lost."

Two months later he writes again:

"I hope your brother Ashbel has given you an opportunity of executing the deed to Mr. Carroll. * * * I hope Pumpelly will carry the location into effect. * * * We have a fair prospect of getting the navigation of the river com- pleted from the Canal to. Columbia by towing paths. The Governor of Penn- sylvania offered to join with the state of Maryland and lay out $40,000 on the work; but our legislators, too ignorant to judge well, have postponed adoption of measure, appointed committee, etc. It will rest at all events until next year and perhaps longer, but the canal must prevail in the end.

"I wrote to Mr. Lockhart and informed him of having executed a deed in trust to you for 80 lots on the Point. I have not since heard from him. I told him you would not pay him anything on account of the Bonds, as you considered yourself aggrieved by his failing to possess you of the Point .- It cannot now be helped, but it is a misfortune that we were not more explicit on this subject

Carroll St., Susanna St., North Union St., South Union St., Caton St., Government Square, Market Square, Traffic St., Susquehannah Way, Tioga Way, Fanning St., Johnson St.

Partition Deed between George Welles & Richard Caton Sept. 1, 1802: Luzerne Co. Deed Book No. 8, P. 259 Description of Geo. Welles' share (1/3).

-Lands lying on Tioga Point, all that part or parcel of land lying and being on Tioga Point, and at the South part thereof-Beginning for the same at the distance of 8 perches 5 links from the South part of Hamilton street and 25 feet from a stone fixed on the east side of the Main Road; and running thence Easterly at the distance of eight perches and 5 links from Hamilton Street to the Susquehannah river; thence southerly, by and with the River Susquehannah to the River Chemung; thence Northerly, by and with the River Che- mung, till it reaches a line of division between the said Richard Caton and George Welles, running South seventy-seven and one half degrees (771/2°) West thirty five chains 22 links, thence with and binding on said line reversely to the second line of Division, along the middle of the Main Road, running South 25° West 22 chains 50 links, at the east side whereof is fixed a stone 25 feet from the centre of said road; thence along said line reversely to a third line of division, running North 7712° East 29 chains 73 links, and thence binding on said line reversely to a buttonwood tree on the river Chemung; thence Northerly by and with said river to a line at the parallel distance of 8 perches 5 links from Hamilton Street, and thence along said line to the beginning: laid out for 350 acres.

Also all those twenty four lots or parcels of ground lying within the town of Tioga Point, distinguished on a plot of said town by numbers (omitted).

Geo. Welles' deed to Chas. Carroll, date Nov. 15, 1806, conveys the same property in gross, not by metes and bounds.

11 For years innumerable the White Gate marked the dividing line between the village street and the Point farm, and the name still clings, as shown in the accompanying sketch written by one of the younger generation long after the gate had been demolished.

"The Old White Gate is a myth none can trace to its origin. The oldest inhabitant has no memory of it, nor has any one ever found even a battered post to hang the fable to. Yet so closely has it become connected with the life and thought of the town that everybody uses it to reckon distance froni, and invariably mentions it foremost among the points of interest to the stranger. It is always 'five miles north of the White Gate,' or 'turn to the left when you have passed the Gate,' or 'just down to the White Gate and back.' It is even down in the contract of the trolley company as the southern terminus of the line. It stands across the road at the end of the long row of maples, at the edge of the town, an invisible barrier to thought if not to travel. It marks sharply the dividing line between town and country; on one side the trolley, and squalid houses, and many children playing in the dust-on the other open fields and sunshine, the twin rivers, and the hills beyond. The stranger pauses at the end of the road and looks blankly around. He sees no gate. But I have only to close my eyes and it rises tall and white before me, looming across the roadway, with bars all drawn and fastened. It is only when I reach out my hand to touch it, or try to translate it into words, that the outlines grow dim, and I realize it is only a fairy gate, after all .- E. M., 1900."

368

OLD TIOGA POINT AND EARLY ATHENS

with him. As I shall now be a competent witness, my evidence under a commis- sion can be taken which will establish the contract, he is so unworthy that I shall be rejoiced at defeating his attempts-for he is indeed not entitled to more than he has got on every principle of Justice. * * * How comes on the farm- ing? * * * acquaint me with your proceedings * you can release from mort- gage as your means grow * * * people's attention is turned very much towards the Susquehanna, in a little while it must hold the first rank for eligibility of investment * Lands are rising so much here, that I think numbers will be induced to remove."

In the summer of 1803 George Welles evidently tried to come to some agreement with Lockhart, employing as lawyer Mr. Rosewell Welles, of Wilkes-Barré.

The following letter is in regard to this matter :

"Wilkes-Barre July 13, 1803. "Mr. George Welles :

Dear Sir,-After I received yours last Winter I went to Lockhart. He was sick with a fever, and was not to be spoken to on business. I called twice --- same denial-He was very low when I left Lancaster. I left a letter in case he should recover, and desired an answer. I have no doubt but an action may be maintained against him for not giving possession. If my memory serves he expressly pledged possession aside from the deed. On this promise surely the law will make him responsible. An action would recover what damage you could make appear, or should he sue you on the bonds, you may give the promise in evidence, and avail yourself in that way to defeat a recovery in part or the whole of the sum remaining due, as your damages may appear.

"In my letter I stated Caton's failure, and that all the land was in the hands of Carroll, and if he wished to get anything more he must make a liberal discount on the bonds, as it all fell on you. I made the best story I could, but have never had any answer. He is an obstinate old fellow, rich, but miserable with all his wealth. It is now a good time to strike upon him.

"The law incapacitating Jurors and Judges in this County from trying any questions involving the two titles must impress him with some idea of his liability. "The most able counsellor in Lancaster is my friend; if you desire it I will write and see what he can do with the dry bones. He will ask a five dollar bill for an opinion & a letter of Terror to Lockhart * *

"Yours, R. WELLES."

Lockhart's claim was never enforced.

That George Welles made some effort to end the controversy is proven by annexed letter, which is in the Mss. volume "Connecticut Claims" in the Historical Society of Pennsylvania, by whose courtesy it is given11* :

11* "Tioga Point 7. Nov, 1803 .- Sir: The desire I uniformly feel to forward a termina- tion of the controversy which has so long existed relative to the Lands in this country, will I hope answer as an apology for my troubling your excellency with this letter. The best, and I may say the only hope which has presented itself since I have lived in this country, now offers to put a peaceable end to the dispute-the circumstance is this-The settlers in Smith- field, Murraysfield and a part of Sugar Creek have now offered in writing to purchase the title to their possessions, at the valuation of good judges as in a state of Nature. By this the dignity of the Government will probably be satisfied & the Penna. Landholders ought to be satisfied also; but as their ideas of the worth of their Lands are very high and very erroneous, there is reason to fear they will not meet these reasonable propositions. They can not how- ever dissent, if they have any regard to justice or their own interests. I sincerely hope the opportunity will be attended to, and that your Excellency will condescend to use your in- fluence for the purpose. Should the thing take place, there will remain but a handful in the opposition, who would shortly be compelled to follow the example or quit the state, and thus this tedious wearisome dispute be brought to an end. I have the honor to be with the greatest Respect your

Excellency's Most Obdt. humble Servant

"GEORGE WELLES."

"His Excellency Thomas Mckean

"Governor of Pennsylvania

369

HENRY WELLES TAKES THE HELM

A new actor now enters on the scene, and one des- tined to much prominence in connection with Tioga Point-Henry Welles.12 He is now "running the river" with arks or rafts loaded with country produce des- tined for Baltimore. He is already known to Mr. Caton, having lived with his uncle, Ashbel Welles, in Baltimore several years.

Doubtless he approach- ed Baltimore with high hopes in his heart that he might retrieve his father's fallen fortunes, for at this time the situation of George Welles was a trying one. On account of his debt to Richard Caton (probably for the first payment on the Point) he had mort- Henry Willy _ gaged his third, and yet he was partially responsible to Lockhart for the payment of the bonds, Mr. Caton having assigned his mortgage to Mr. Carroll, Welles was left without a resource; a fact which very soon undermined his health and spirits. Henry, therefore, had taken the helm, and hoped to find a way out of their difficulties. He wrote as follows :

"Havre de Grace, 16 April 1804 .- My dear Dadda :- I have the satisfaction of informing you of my arrival at this place in safety; I run from Columbia to Bell's in 6 hours. Our pork and whiskey is in good order * * * the reason of iny hastening to Baltimore is that there's so much whiskey going I'm afraid the price will be reduced, even from its present low ebb 4/ a Gallon. I hope to get 16 Dolls for prime & 18 for mess Pork-& about 12 cts for Lard. I dont think it worth our while to carry whiskey to Balto again but our object ought to be Pork, to that purpose we ought to buy all the Hogs we can this spring & have all the Corn planted on the farm that we can. I have thought on what Rose-

12 Henry Welles, the eldest son of George Welles, was born at Glastonbury, Conn., 1780. He was now an active and enterprising young man, as full of business as of affec- tion for his parents, his devotion to whom is plainly shown in his letters. While their in- terests were always uppermost, he was one of the foremost Makers of Athens, intimately con- nected with its growth and devoted to its prosperity. Tall and handsome, he was also inter- esting and agreeable. Although he had practically no education, he became a brilliant talker and a fluent speaker. According to an admirer, "there was an irresistible charm in the magic of his conversation." Though essentially domestic, and interested in the smallest details of farming, when called to the Legislature, he became universally popular and attained a polish which set him high above his associates in their estimation. The development of his powers while sitting in the Legislature was most remarkable, as shown in his private letters. And yet the popular "General" was never happier than when hoeing his own corn, a barefooted farmer, as he was once found by a visiting stranger. Gentleness was a leading characteristic. His account books are marvels of precision and minuteness, and his memoranda on proposed details of farm work, made while in legislative sessions, show an oversight and forethought seldom encountered. Maligned by many on account of the controversy, he has never been estimated at his true value by the present generation.

370

OLD TIOGA POINT AND EARLY ATHENS

well Welles told me relative to the insolvent Laws of Penna-he says that any person can be liberated in spite of his Creditors who conducts himself fairly and squarely, and it strikes me that it is best to take the benefit of it next fall, if our Creditors should prove severe & rigorous,-but that if a majority would acquiesce-it is best to go into the State of New York to do it,-however we cant determine at present, but after I get to Balto, & have seen Mr. Caton I will write particularly. I hope to be there to-morrow & to find a letter from you. Rosewell Welles says that the mortgage is so worded that you cannot bring Lockhart's Bonds in Bar of it even if you should pay them, and that the only claim you would have in that case would be upon Mr. Caton who you know is * * * the more I think on the subject the more I see Mr. Caton's unfair and disingenuous conduct and I never would pay either him or Mr. Carroll a Cent more than the Mortgage covers, & in any conversation with him on the subject I shall hold rather more to the fortiter in re than before, * 'I came within a hair's breadth of being knocked overboard in the middle of Canawoga falls- the water was rougher than common by great odds. I am with the utmost affection,

Yours, HENRY WELLES."

Mr. Caton's next letter to George Welles, written in April or May, 1804, is not so friendly in tone. He appears to have felt the spirit in which the son had approached him, although they had appar- ently come to some sort of terms-

"Dear Sir, It is some time since I have heard from you or Harry and yet there are many points on which I wish for information. The repeal of the bank- rupt Act defeated in some measure your intentions; but, as I perceive the legis- lature of your state has noticed the necessity of a law for the relief of insolvents, I believe measures will be adopted by which you may obtain that relief you wish. I have desired Mr. Rosewell Welles will cause the lands of Tioga Point to be sold under Mr. Carroll's mortgage the 28. May13-on which day I shall be obliged to attend there to sell the lands in which you and I have had an equitable title. If I cannot reach Tioga I must request you or Harry will meet me at Wilkes- Barre * * * Harry I expected would have informed me what measures you had pursued resulting out of arrangements made by him and me on his late visit here. I request you will give me information on these several heads: I Has he possessed himself of the goods and chattels under the assignment? II Has he given a bond for the amount? III Does he possess the notes held in trust for the use of Mr. Carroll? IV When will the long looked for deed for the 1600 acres to Mr. Carroll be transmitted? I take it for granted it was redrawn and made absolute14 * * * I'll beg you not to fail sending it this spring; for, as it will be through Mr. Carroll that any future arrangements must be made, I would have you put everything on the best footing with him. Harry no doubt informed you that I thought it practicable to make a new transfer to you at a price to be agreed upon for the lands he wished to possess lower down on the Point. How comes on the adjustment of the Connecticut claims?"

Then, alluding evidently to some offer that had been made to pur- chase the whole property, he says :

"For although I expect to become the proprietor of those lands by paying for them, I should have no objection to having the bargain beyond the 1500 acres (Welles third) and Clark's and Pumpelly's cancelled, if I found it was the wish of all parties in preference to waiting the uncertainty of my paying for the lands as the Bonds mature.

"As you will have abundance of water in the Susquehanna, I hope you will descend the river with large cargoes. The Maryland Canal receives boats and last year I believe an ark passed through. Wheat I suppose will be 1} dollars in Baltimore, though flour is only $6.75 now, but expected higher.

13 According to a paper called "Exemplification Charles Carroll of Carrollton vs. Ricard Caton" this sale had been advertised first for November, 1802, then January, 1803, then June, and, finally, August, 1804. The delays are unaccounted for.

14 This indicates that Harry had carried to Baltimore a deed which was not satisfactory.

371

SUNDRY CATON LETTERS

"It would give me sincere pleasure to see you relieved from your difficulties. Past errors give us lessons of experience for the future ; most of us have errors to lament, but as long as the heart is correct, there is a consolation which even misfortune can not deprive us of * * * R. C."

It will be seen from this letter that Henry Welles, or "Harry," had formed some idea of making a purchase himself previous to death of Elisha Matthewson.

"Wilkes-Barre 27 May 1804 .- To Henry Welles15-Dear Sir: I find you did not visit this place on your way home, and from the lateness of present day, have little hope of seeing you here. I shall leave to-morrow for Baltimore, as all my business will be closed in the morning. The title of Mr. Carroll to the Point, Mr. Rosewell Welles informs me, is perfectly good. I shall probably again possess it, unless it will bring its value (in to-morrow's sale) when I shall let it go. I however feel a strong desire to invest, as I wish to see you and your family established there on better footing than you have enjoyed. Should I be able to obtain the means for again purchasing the Point, I must get you and Mr. Prentice to dispose of lots for me under a standing per-centum, and I shall im- mediately have process issued to get possession of every part. I find the parti- tion deed is not here. I request you as my agent will not fail to send it to me. Inclosed is a deed for the point for your father to execute. * * On the subject of your father's seeking relief from oppressing circumstances, I am convinced it is necessary. The business can be done best in New York State. I hope no un- manly fears or timid pride will prevent its taking place. He ought to go to a I lawyer at Newtown or Owego, without delay, each day increases the evil.16 hope you have got his deed for the 1500 acres of land to Mr. Carroll, let it be ex- ecuted without delay. The deed you held17 for part of the land can do you no service, as you knew at the time it was sold to Mr. Carroll. I mention this to put you on your guard, to save yourself harmless. But I suppose the purchase of the personal property will enable you to surrender the land you hold, and to pay Clark and Pumpelly. On no acct. apply any of the notes deposited in trust ; for no act of Assembly, or Bankruptcy can release a person from a debt arising on a trust any more than it can from forgery. These notes I hope are in your hands, and I expect you have attended to my letter, of which inform me. Should I again get control over the Point, and a delay of time free of interest be entered into, you will I trust, get ahead-the Point is certain to be a great place, the three roads from Wilkes-Barre, Nescopeck and Sunbury to Philadelphia, will make a great summer trade at the Point which no other place can rival-this be assured is certain as fate. Your farm crops and then flour will take a gradual summer market at those towns mentioned when the price is high; in preference to a spring one with a long journey, arriving when a glut prevails.

Later. "Whilst I was writing foregoing I rec'd your father's letter of the 23 inst. I am inexpressibly astonished at its contents, but shall suppress the feel- ings an event so unexpected gives rise to. As he is determined to try all ex- pedients I must meet him, and he will find when too late that not only his at- tempts will be frustrated, but the essential interests of his family much injured, which I much regret. My letter to your father yet leaves open the door for a friendly, and I may say an honest adjustment. I shall delay acting in a legal form until I hear from him taking (as my security that no advantage will be taken of this delay) his, your and the honor of those who feel interested in the issue. My letter to him is as fully expressed as I am capable of, and I recom- mend it to his and your perusal and serious reflection. RICHARD CATON."

It is to be regretted that these letters between Mr. Caton and Geo. Welles have not been found, especially as Mr. Caton resorted at once to the stringent measures suggested in above letter. It can hardly be

15 Henry Welles, already introduced, may now be said to enter on the scene as an active factor in affairs at Tioga Point for the ensuing thirty years.

16 This alludes to the advisability of using the law for insolvents.

17 This indicates that George Welles had deeded some portion of the point to Henry, or possibly made an assignment of all his property, but of this there is no other record.

372

OLD TIOGA POINT AND EARLY ATHENS

due to poor postal facilities that the above letter did not reach Athens until August 2nd. In the meanwhile, May 28th, Tioga Point in toto was sold by Sheriff Dorrance to Robert Goodloe Harper (another son- in-law of Charles Carroll), for $4,200, and a sheriff's deed executed to Harper same day. While legally this foreclosure and sale was made by Carroll, Caton arranged with Harper that if bids were not suffi- ciently high, it should be bid in for Caton, who ever after speaks of himself as the owner. There is no record that Harper ever deeded the tract to Carroll, as the deed was lost in some unaccountable way. The property stood in Carroll's name until January, 1813, when the ap- pended warranty18 deed was given by Charles Carroll and Robert G. Harper to Richard Caton, recorded September 10, 1816, Bradford County Deed Book No. 2, page 346.

The purport of Mr. Caton's letter and its effect on George Welles may be learned from the following extracts ; there appears to be a grave misunderstanding.

"Tioga, 7th August, 1804 .- Richard Caton .- Sir : On the 2nd August the Postrider from Wilkes-Barre handed me your letter of the 27th May, with sundry deeds, &c. I could not reply to papers of such magnitude in one evening, but have improved the first next mail. This is the most difficult letter to answer I ever received. The more we wish to come to the point, the wider we seem to be apart. You say the 1500 acres of land (Welles third) are Mr. Carroll's, the notes are Mr. Carroll's, and that he could by legal method acquire both, and threaten to advertise in papers, forbidding any person to purchase the 1500 acres, &c., &c., and that my conduct (by your implications) is equal to forgery. It is the first time I ever had my Honesty directly impeached.

"Now sir, I shall take extracts from your own writings to invalidate your as- sertions -- if I know anything of the English language.

"1st, In the deed to Mr. Carroll drawn and directed by yourself for me to sign you say 'It is therefore understood and expressly declared ; that of the lands herein conveyed by George Welles to Charles Carroll of Carrollton, fifteen hun- dred acres, if so required by George Welles, be conveyed to Josiah Lockhart- on ac't and in part pay of the before mentioned Bonds.'

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A history of old Tioga Point and early Athens, Pennsylvania, Part 50

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