USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 51
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18 "This Indenture, made this 'day of January, 1813, between Charles Carroll of Carrollton of Ann Arundel County in the State of Maryland, and Robert Goodloe Harper, of the City of Baltimore in the said State, on the one part, and Richard Caton of the said place, on the other part :-
"WHEREAS, the said Goodloe Harper, on or about the 28th day of May, 1804, did at a public sale held by the Sheriff of Luzerne County, purchase all the right, title, interest and estate in law or in equity of the said Richard Caton in and to the lands held by him lying and being at Tioga Point, in Luzerne County and State of Pennsylvania, which said lands were heretofore held by a certain Josiah Lockhart, and by him conveyed to the said Richard Caton and a certain George Welles and Ashbel Welles; and the said Robert Goodloe Harper did sometime thereafter sell, assign, transfer his right, title, interest and estate in and to the said lands to the said Charles Carroll of Carrollton, which land he undertakes (understands?) and believes have since been sold and transferred by the aforesaid Charles Carroll of Carroll- ton to the aforesaid Richard Caton; but, the said Charles Carroll of Carrollton, alleging that the said deed so made by the said Robert Goodloe Harper to him the said Charles Carroll of Carrollton is lost or mislaid, and wishing to secure to the said Richard Caton a good and suffi- cient title for the lands aforesaid, the said Robert Goodloe Harper and Charles Carroll of Carrollton have made and executed these presents:
"NOW THIS INDENTURE WITNESSETH :- That for and in consideration of the sum of one dollar in hand paid by the said Richard Caton to the said Charles Carroll of Carrollton and Robert Goodloe Harper, the receipt whereof they do hereby acknowledge, the said Charles Carroll of Carrollton and Robert Goodloe Harper have bargained and sold, as- signed, set over and transferred, and by these presents do bargain and sell, assign, set over and transfer to him the said Richard Caton, all their right title interest and estate, in and to all that part or parcel of land lying and being on Tioga Point, in Luzerne County. Containing two-thirds part of that lot or tract of land heretofore conveyed by a certain Josiah Lockhart to the aforesaid Richard Caton, and a certain George Welles and Ashbel Welles aforesaid, by deed bearing date the 11th day of March 1798, and recorded in Luzerne County the 8th day of August 1798, as will more fully appear by reference being thereto had."
373
PITHY CORRESPONDENCE
"Remark.
"This will do very well to go in the same paper with your advertisement, and your own letter can be produced to show that you consented to the relin- quishment of the land not paid for .- I suppose that the 1500 acres was meant as in trust to Mr. Carroll, and that any man has an undoubted right to withdraw the trust at his option.
"2nd, as to the notes-In your letter of the 17 Sept 1802 to me you say 'The notes for sales of property deposited in your hands you will keep by you until the Bonds due Lockhart are settled-Should I not pay him in lots-you are then to apply all the notes in your hands, viz $2041.62, as per ac't below toward the extinquishment of that account.'
"Remark.
"If default in trust is equal to forgery, it certainly is my duty to keep them for the purpose directed.
"3rd, As to the eighty town lots-the deed is undoubtedly illegal because dated and executed long after your mortgage deed to Mr. Carroll was recorded, even if Mr. Lockhart had consented to have taken them-I should not have signed the deed, until Mr. Carroll had released the same. * * * The lots have been offered to Mr. Lockhart & refused. The title is certainly not good.
"It has been my wish ever since Henry was at Baltimore to settle our affairs. I then stated terms and offered everything I had, on condition that the Bonds to Lockhart were lifted. But every letter since has met with a different reception from what I expected. * * * You very well know Sir I never should have mortgaged to you my third of the point but from the full belief that you would pay Lockhart. * * * You state that I owe Mr. Carroll $21,000. If I owe him so much, I owe Lockhart nothing. When the suit is brought against me on the two bonds who will bring it? Mr. Carroll or Mr. Lockhart? Or when I cite my creditors to show cause &c., who is to appear? Mr. Carroll or Mr. Lock- hart? I can not owe Mr. Carroll and Mr. Lockhart for one and the same debt, and it is entirely immaterial to Mr. Carroll whether I owe him 12 or 21000 dol- lars, as he cannot have more than he can have, and should we come to terms, I am as willing to deed the Point for $7000. as $9000., which ought to fetch me $15000 .- considering the instrumentality which brought me here and the miser- able life I have lived since here. * * Those notes it is not likely we should dis- pute about in case we can hold the 1500 acres for settlement with Lockhart. This land was designated for that purpose; to suppose that I would relinquish the only means which I possess to cancel that great debt, is certainly dissonant with your protestations of friendship for my family, and they can view it in no other light. * * I stand acquitted in my own conscience, and believe I shall in the mind of every impartial man, in holding the land to extinguish the debt to Lock- hart. * ** If Mr. C. will indemnify me from those bonds, he may have the debt
to-morrow. * * It would then stand thus, one third of Tioga Point-the notes except my part-Webb's debt-Clark's land-Distill house worth $300., but not the distills or moveables therein, estimated at what you please, but would observe that my third as set out is good for $12000. To quit the premises in the course of coming winter. I little expect you will agree to those propositions, but if you will take it into serious consideration I think you will not hesitate. I will not sell the land * * * until I write you unless I should sell it to Lockhart, and that is not to be expected.
"To what length you may persecute me I can not say-must leave that to the laws and humanity of my country.
"Remarks.
"As you have a sacred regard to instruments you undoubtedly delivered my acceptances to Mr. Carroll, and he by the same sacred regard to duty will keep them until you pay Mr. Lockhart, and will consider them as secured by my mortgage. * * * If you should (acting as you say you do) for Mr. Carroll think you are really Mr. Carroll, and that you were heretofore Mr. Caton, and if as Mr. Carroll you should see any inconsistencies in Mr. Caton-you have my Liberty to gently reprove him-but do it in a smooth honeyed style."
374
OLD TIOGA POINT AND EARLY ATHENS
These copies are unsigned, but in George Welles' handwriting, and various drafts show that the letter was rewritten many times.
Concerning the sale Henry writes later :
"In 1804 Mr. Carroll foreclosed the mortgage, which proceeding, though legal and just sealed father's ruin. Being involved and having become incapable of transacting business for maintenance of his family, the property that had cost him a large sum gone, I at that time was the only one of the family old enough to provide maintenance. After looking about, I came to the resolution to apply to Mr. Carroll for a small spot out of my father's third, where I hoped to secure a home and maintain the family."
As has been seen, he was at Baltimore in the spring of 1804. Either then or later he began to consider how he could arrange to purchase the whole of his father's third, as proposed to him by Caton and Harper.19 Caton writes in November, 1804, that it would give him great pleasure to see Henry Welles proprietor of part of the Point, adding :
"The whole I would never consent to part with. I look upon it as the very best property I have an interest in, for, though it is not yet absolutely mine, it is in a train of being so. I agree with you as to the necessity of closing our accounts. Your father has taken a very untenable ground, * * * it is useless my writing to him. If by any means I can make you proprietor of your father's part of the point, it will afford me pleasure. But land I fear will be less agreeable to Mr. Carroll than a long credit payable in money, and should your father's share fall to me it would be less convenient paid in lands."
This alludes to a proposal of Henry Welles to exchange lands near Bath for the Point. Caton thinks these lands cannot be as valu- able as Tioga Point, "which will draw settlers, and settlers will make a town even in present distracted state of affairs." Some proposition was evidently made about Lockhart's bond, to which Mr. Caton does not agree. To this letter Henry Welles answers as follows; Decem- ber 25, 1804 :
"Sir: In your favor of 23rd ult. in answer to my two letters respecting a purchase of a part of the point, I am sorry you think it uncertain whether land would be agreeable to receive in payment. It will not answer for us to become responsible for so much money as will be the price of 1/3. But this land is offered in exchange for shares in Susquehannah Turnpike and produce, and where contracts are made for it, the owner sells with release of Int. 3 yrs, * * * It makes a great difference from what it would be to engage cash to a person at a distance. As you expressed a wish for a description of the land, I will insert one. The Township is No. 1 in the first range of Phelps & Gorhams' purchase.
"This land was sold several years ago, but the purchasers failed in making payments and it has this summer reverted to the owner Mr. Pulteney of London. If you should conclude to receive it * * * I have little doubt but I can get as- sistance to go thro' with the contract. I should wish to get a longer time than I mentioned to acquire the title, say, perhaps, 6 mo. from next spring.
19 Memorandum by Henry Welles, "23 Oct. 1804 Wrote to Mr. Caton Mentioned that we must make arrangements for removal stated situation of the farm, plagued with cattle &c Tioga Point requires constant vigilance to keep in repair the only way to render valuable to get possession of all the Point-rather unsafe to drive out the Yankees now, proposed never- theless to buy-offered 10000 acres land conditionally, to have 6 months to form company, if not liberty to give it up, described land offered mentioned that my Father would deed his part for 7 or even 5000 dollars, if desired. Mr Caton gave too much for Tioga Point-spoke of its depreciated state, compared it to Bath &c. Offered that if he chose I would buy Fathers 1/3 mentioned he'd never get more for Tioga Point Requested an answer soon, determined to move soon. * * * " This memorandum, found after writing chapter, shows that Henry Welles' first idea was to form a stock company to purchase the Point, also that he thought the ad- vantages of Bath were superior.
PROPOSED EXCHANGE FOR PULTENEY LANDS 375
"The tract contains 24,000 or 25,000 acres of land, and I would engage to select the best 4,000 acres in a square body which this contains.
"These are the only offers I can make, and considering the distracted state of things at the Point, it is a great price indeed. You will much oblige me, Sir, by losing no time in forwarding your specific answer to this proposition.
"P. S. I hope to go to Conn't in the Winter and Balt'o in the Spring."
The following letter shows Henry Welles still in great perplexity, and records a death which has generally been said to have preceded Henry Welles' proposition for Point purchase, i. e., Elisha Mat- thewson's :
"Apr. 24, 1805 .- R. Caton-Sir : A few days since I received your favor of 14th Jan. and 10th Feb'y in answer to the proposals I made last November for purchasing a part of the Point. (Note, the above mentioned Caton letters are missing. )
"The great delay that has taken place in the business, joined to several other circumstances that have arisen will compel me to abandon the design. One or two persons who were willing to join me last fall have made different arrange- ments during the winter so that I have no one who will join me in the business. I was likewise prevented going to Conn't to get associates. Another reason re- mains, in itself sufficient, if there were no other to bar all progress. The owners of the New York land which I had in view, hold it higher than I was informed * so much so as to take away the inducement to adventure.
"We have had a very high flood here this spring which has done the point great damage as to the soil and fences.
"We have lost several neighbors lately of Consumption, among whom are Elisha Matthewson and A. Decker .- H. WELLES."
Evidently the proposed exchange was satisfactorily arranged, as in July, 1805, Caton and Harper offered to contract one-third of the Point for 4,000 acres of land near Bath. The entire correspondence concerning this tract is still preserved. The letters show that the propo- sition to the agent of the Pulteney estate was first made early in Septem- ber, 1804, by both George and Henry Welles ; the terms of payment, the same as to all purchasers in Phelps and Gorham purchase, were seven years credit, first three without interest ; price one dollar per acre, in four annual payments. It was, however, made in six payments :
"Feb. 26, 1806 .- Mr. R. Caton : I have at length effected a purchase of the 4,000 acres of land conditionally. I have little doubt but the land will suit, and that I can go thro' with the payments provided I can be accommodated by Mr. Carroll in the following manner: As I must sell some of the land upon the Point to enable me to meet the installments, I want Mr. Carroll should deed cer- tain small lots to me or persons who buy of me, on my satisfying him that all the money received therefor is applied to paying for the 4,000 acres * I * * must pay 1/8 of the purchase money on executing the contract. Unless it can be arranged in that way, it will be impossible to ever get thro'. In addition to the pasture, which I want Mr. Paine to have, I wish to sell the store and lot on which it stands. That is all the property which there is any chance of selling near its value.
"Should the contract be performed it is my expectation that Mr. Carroll will give a Bond for a full and complete warrantee deed, and the deed to be made when I am able to give him a good title to the 4,000 acres, free from all incumbrances. There is scarcely a person in the few to whom I mentioned the con- ditions of the purchase, but says the 4,000 acres worth much the most money. I wish most earnestly that you would bring a suit of ejectment against some of the possessors of your property here. If I buy here I don't know what to do with those on the land. They ask as much as a good title is worth and some of them won't sell at all. *
"In case this purchase takes place, I think my Father will settle amicably, etc. "Yours, etc. "H. WELLES."
376 .
OLD TIOGA POINT AND EARLY ATHENS
A few weeks later Henry writes dubiously again, as Col. Troup has failed to receive powers from Sir William Pulteney's heirs. In this let- ter some insight is gained as to how this enterprising young man pro- posed to obtain funds for first payment. He had purchased 500 acres of land in New York state at a nominal price (probably paid in pork and whisky) and now had a chance to sell 400 acres of it at $4 per acre. He was uncertain about both this sale and that of some land on the Point, and adds in a despondent mood :
"The credit of the point is so low as a place of business that no one seems disposed to adventure in it, & as a farm is quite too high so I see small chance of going on with the trade for the 1/3. I am weary of grasping objects above my ability to attain, the affair appears hopeless. I feel quite unhappy while thinking what a childish business it is likely to prove."
'Tis a curious thing (oft seen since), this love for the valley, shown in reaching out in every direction to dabble in lands which would at last bring him his heart's desire, even though it was a poor location ! But things soon came his way ; Col. Troup received his com- mission, the 500 acres in the Beers settlement were sold, Caton and Carroll approved, and all went merry as a marriage bell. Yea, verily, for it was no doubt on one of these trips to view land, or to obtain the assistance of James Pumpelly at Owego, that he first saw Miss Phoebe Patrick, according to Mrs. Perkins' story, although Mrs. Ann Paine, in a letter at hand, says that the young lady was visiting at her home in Athens when Henry caught his first glimpse of her.
This letter and answer give a very correct idea of the proposed transaction, Welles having previously complied with Caton's request and taken a surveyor to view the land and give certificate. The tract eventually bore the name of Caton :
"Sept. 7, 1806 .- Mr. Caton-Dear Sir :- I received your letter of the 4th of August, stating your acceptance of the 4,000 acres of land. Since that time I have closed the contract with Col. Troup, * ** In a few days we shall exchange writings and I shall receive from him a bond or contract drawn in his usual form, which I will transfer to Mr. Carroll in the manner pointed out in your letter. I get a credit for the remaining purchase money of five yearly payments and have every reason to suppose I can meet them as they become due. How- ever, lest I should not, I shall wish Mr. Carroll to allow me a year or two in addition that I may be sure. Col. Troup will be lenient and accommodating, and having no doubt but you and Mr. Carroll will be also, I feel confident of suc- ceeding. In the meantime you will be safe on all sides for the improvements alone which I am about making on the point will pay the interest of the money. The sale you now make to me is certainly a good one-the 4,000 acres of land, if I am a judge combine pretty much every advantage that any tract does any where about here. It is from 5 to 8 miles from the river, the soil is such as to admit of a general settlement, and well watered and timbered. There will be a road cut through the township soon, and settlers are going in fast. Mr. Haight tells me he has refused a dozen applicants for farms there since my application, lest there should be clashing of lines. Now I have made the selection, the diffi- culty is over, and he will sell the lands fast. I have had some considerable trou- ble in removing a location which was made in center of the 4,000 acres, but have effected it, and now you will have it in a regular square form. * *
"Now, Mr. Caton, it is very inconvenient, indeed, for me to leave home on so long a journey as to Maryland. It is both expensive and injurious to my busi- ness, * * * and I want, if possible, our affairs arranged to be settled as nigh home as Wilkes-Barre. Mr. Rosewell Welles, would be a proper person to make the exchanges of paper between us. If it can be done in that way, we
377
THE EXCHANGE CONSUMMATED
will fix on the preliminaries, and but a few days delay need to take place. If I were not uncommonly engaged with taking off and putting in crops, and keep- ing the distillery agoing, I would go to Maryland but it would hurt me a good deal. I have already rode upwards of 1500 miles on account of this purchase. The papers relating to it are: A deed from my Father of his right to the Point ; Col. Troups Bond assigned by me. On your part merely the Bond of Con- veyance from Mr. Carroll to me. I expect the Bond to be drawn with a full warranty against all persons except the Yankees.
"As this is the most proper time to close the accounts between your estate and my Father's, I will state his terms, which he says are the best he can pos- sibly offer. * * * He will give up 1200 acres of the N. York land, and all the notes, except Saltmarsh's, Hopkins' and Irwin's; indeed the 80 town lots, and give a quit claim to all his right and title to the point. In return for which he expects a general release from all claimants * * * The small amount of property which will remain in his hands will do little more than to pay the debt due to the estate of his sister,* and which must be paid, while Lockhart's claim must go unsatisfied. Should an adjustment take place between you and him the papers may be exchanged in the way that I mentioned above, or if they are too bulky, a settlement may be omitted until next spring, when I shall probably be in Baltimore. I propose taking a few mules to Maryland if they bring a good price. I will thank you to inform me what pretty good ones of two or three years old would fetch.
"Hoping to hear from you soon, Sir, I. remain yours with Sentiments of respect and esteem,
"HENRY WELLES."
"P. S. I want the favour of you to make an exchange with me of about 8 acres of land which if you consent to will induce us upon the whole to building a dwelling house in the village. The spot which I want is the remaining part of what we call the still house lot. I should be glad to get it from you in lieu of some of the 1/3 next to the town which is good building ground as the other and eventually will be as valuable. My reason for wishing to make the exchange is that our large barn and distillery are directly back of the 8 acres, and there is no suitable building ground on our part of the lot. I am willing to give as much more land out of the 1/3 as is fully sufficient to make you good in the exchange, and I really hope it may not be disagreeable for you to do it. If I can't build there the barn and distill house will be in a manner lost to me. I am willing to give two acres for one. I wonder we don't hear any thing of a process on Mrs. Matthewson. Have purchased out Decker and paid him $500 in full."
The still house built in 1799 was on the river bank near the end of present Harris Street. The lots desired included the property lying just north of Chemung Street as far as present line of Mrs. L. M. Park (1907).
"Baltimore 28 Sept 1806 .- To Henry Welles-Dear Sir: Your letter of 7 inst. rec'd. Glad to learn you have concluded contract with Col. Troup. * The bargain I have no doubt will prove a beneficial one to you, and I sincerely hope it will. I see no necessity of your coming to Maryland to complete ex- change of titles with Mr. Carroll. If you will obtain your father's deed, the one third fully and completely transferred to Mr. Carroll, and assign the contract rec'd from Troup, forward them to Mr. Rosewell Welles, and desire him to hold for the use of Mr. Carroll, to be surrendered to him or his order on receiving his bond for conveyance of said 1/3 Point; I will immediately, on being informed by you of date of deed, forward to you through Mr. Welles or Geo. Griffin, Mr. Carroll's bond, to be given to you on receipt of father's deed &c. Thus you will save the trouble and expense of a journey. * * * I cannot say anything about exchange you propose until I see the plot; you will hear in a post or two. I cannot tell why E. M. has not been sued. Mr. Harper employed Mr. Hopkinson for this purpose in preference to young Ingersoll."
* Jerusha Welles had loaned money for purchase of New York lands mentioned, which were in the Beers purchase near Spencer, N. Y.
378
OLD TIOGA POINT AND EARLY ATHENS
It may be observed that in the later suits it was claimed that Henry Welles instituted this suit and employed Mr. Hopkinson, easily disproved by the foregoing letter.
Referring at length to proposals of George Welles for settlement, he offers to have settlement so made by Carroll that his (Caton's) creditors can make no interference, and they were many, as will appear later. January, 1807, he writes again, saying he has sent Carroll's bond to Welles and Griffin at Wilkes-Barré, mentioning :
"It warrants and defends you against all persons claiming by from or under Mr. Carroll or myself, my assigns, creditors or others, etc .- R. C."
Let us reiterate the legal transactions by which the Welles claim to Tioga Point was established under Pennsylvania :
I. The Lottery Warrant issued by Pennsylvania to Josiah Lock- hart.
II. Lockhart's Deed to Richard Caton, George Welles and Ash- bel Welles.
III. Ashbel Welles' deed of undivided third to Richard Caton.
IV. George Welles' mortgage of undivided third to Richard Caton.
V. Richard Caton's mortgage of his two-thirds to Charles Carroll.
VI. Caton's assignment of G. Welles' mortgage to Carroll.
VII. Partition deed between Richard Caton and George Welles.
VIII. Foreclosure of Caton's mortgage to Carroll.
IX. G. Welles' deed of his one-third to Carroll.
X. Henry Welles' bond for 4,000 acres Pulteney lands to R. Troup.
XI. Carroll's bond for one-third of the Point to Henry Welles.
XII. Carroll's deed of same third to Robert Troup.
XIII. Robert Troup's deed of said third of Point to Henry Welles.
The date of the original patent is 1785, of the last deed 1814.
There should also be a deed from R. G. Harper to Charles Carroll, which was lost in the mails and eventually called the lost deed. A letter to Henry Welles, in 1814, from the well-known lawyer Garrick Mallery20 cites such a deed, but adds "it is not acknowledged or proven in any manner." This and the Warranty deed from Carroll and Harper established Caton's title, except against the Connecticut settlers.
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