USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 52
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The whole transaction was a very complicated affair; and while it came to a successful termination, owing to Henry Welles' energy and executive ability ; it shows that, far from being wealthy and ag- gressive, he and his family had as hard a struggle to maintain their footing on Tioga Point as had their Connecticut neighbors. The con- summation of his endeavors was delayed. The legal process being somewhat as follows: Henry Welles made a contract with Colonel Troup, agent, for aforementioned Pulteney lands. When this was
20 Mr. Mallery had his own trials in obtaining documents from Mr. Caton, as in con- nection with a proposed ejectment suit he writes: "There is still some defect in the chain of title to Tioga Point, which is in my hands, and God only knows whether we shall be able to obtain the papers from Mr. Caton * * * If you can assist me in getting them I shall be obliged, for I despare of ever getting them from Mr. Caton."
379
HENRY WELLES THE OWNER OF THE POINT
closed George Welles executed the long delayed deed for his third of the Point to Charles Carroll, dower relinquished by his wife (date 1804). Thereupon Carroll gave a bond to Henry Welles, agreeing to deed his father's third of the Point to him on fulfillment of his contract with Troup. Henry Welles assigned contract with Troup to Carroll, Caton dictating terms, and asking Welles to "follow verbatim." Caton at this time once more mentions his air castles, saying :
."Is there any likelihood of a county town being made of the Point, or will it be established elsewhere? I think it lies in your power to obtain the seat of Government if proper means are used. Interest is the leading principle with modern politicians. I would give several lots to obtain this interest. * * * As I wish not to go to law with your father, since we have thus far progressed with unanimity, obtain from him conditions he will allow for final close."
The annexed letters21 show the manner in which the business was brought to a close, the extent and value of Henry Welles' possessions
21 March 1809-S. S. Haight, Agt. Col. Troup-Dear Sir: I received your favour and according to your direction will describe the property which I wish to put into your hands as security for the balance due on the 4,000 acres. No. 1 is the tongue of land lying below the village and between the two rivers and containing 350 acres of land and upwards of best flats, and the upland good valuable land 250 acres of it under good fences and cultivation. 2 houses, 1 barn, corn house, etc. on it. No. 2. A town lot and an elegant two story painted store also three valuable town lots on which we are building a dwelling house: also 15 other town lots on which are two barns, a valuable distillery with out houses-the lots in clover.
This property is really and intrinsically worth $9,000 or $10,000, three times the amount due from me on the contract. The title will come from C. Carroll of Carrollton, and is perfect. * * * My anxious wish is to prevail on Col. Troup to make to Mr. Carroll a deed for the 4,000 acres in fee and Mr. Carroll would forward to you a deed for the Point as above described executed to me and I would come to Bath and execute a mortgage to Troup which should go on to be recorded with the deed. I am very anxious to get it effected; it would simplify the business and place me in a much safer situation. The present alarming aspect of our national affairs is certainly a great inducement to wish this arrangement to take place. If any thing should occur that the Government would register the property of foreign- ers, it is ten to one but that I should lose it. I give you the most solemn assurance that you can request Col. Troup to oblige me with the utmost safety and propriety. * * * The security is perfect and ample. Each day adds to its value as we are continually improving it. Every exertion will be made to pay all the money, and I pledge myself that as great if not greater efforts will be made to meet the payments than in its present situation and that there will never be any necessity for resorting to legal coercion in the case. Now, Sir, you will oblige me much if you will induce Col. Troup to accommodate me and let me hear from you as speedily as possible. I am, Sir, with respect and esteem, HENRY WELLES.
Geneva, N. Y., 23 Oct. 1809 .- To Charles Carroll of Carrollton-Sir: Mr. Welles of Tioga Point shewed me a few days ago your contract with him whereby you have bound yourself to convey to him certain lands and village lots at the point upon his procuring a conveyance to you of the lands he purchased of Sir James Pulteney and the Countess of Bath under my agency.
The present clouded aspect of our public affairs has filled Mr. Welles' mind with appre- hensions that a war will take place between our country and Great Britain and that in this event all British property within our territory will be confiscated, and it may be difficult for him to obtain a deed. Without entering into any speculations on the probability or the im- probability of War and the consequences of it, I feel every disposition from the worth of Mr. Welles's character, to oblige him where I can do it consistently with a due execution of the trust reposed in me.
This disposition led me to propose to him the following arrangement which he has con- sented to, provided it meets with your approbation.
1st. The lands and village lots at the point to be conveyed by you to me.
2nd. The lands purchased by Mr. Welles under my agency, to be conveyed by me as Agent to the Pulteney estate to you.
3rd. Upon the receipt of your deed to me I am to convey a quit claim deed of the lands and village lots at the Point to Mr. Welles and this deed is to be lodged with a mutual friend as an escrow to be delivered to Mr. Welles when all the purchase money due from Mr. Welles to my principals is paid.
By this arrangement it appears to me that Mr. Welles's apprehensions of difficulty from the confiscation of British property will be removed and that no injury will be done to you or my principals.
Since my contract with Mr. Welles the Countess of Bath has died and as she has died without a will as to all her real estate, that part of it which she left in this state has descended to her cousin Sir John Lorrither Johnstone as the heir at law. Sir James Pulteney, the hus- band of the Countess has survived her, but by his marriage contract, Sir James precluded himself from all right to his wife's real Estate, both what she then owned and what she might afterwards acquire and in addition to this as there never was any issue of the marriage Sir James has no interest in the estate, as tenant by the (illegible). The Countess of Bath ac- quired the estate by descent from her father, the late Sir Wm. Pulteney and as his only child
380
OLD TIOGA POINT AND EARLY ATHENS
on the Point, and also an interesting account both of the Pulteney estate and of public affairs. The payments to Troup were made in "cash, whisky, pork and farm produce," and in 1811 Henry Welles sent his younger brother to Baltimore to obtain Carroll's deed to Troup. While this was secured, it was three years before Troup executed the deed to Henry Welles, who thereby saw consummated his heart's desire, and after a struggle of ten years became the owner of his father's original one-third of the Indian Arrow, having displayed throughout a wonderful sincerity of purpose to retrieve the family's fallen fortunes and provide a home for them. Sadly enough, the father did not live to see the consummation, although he had, for several years, occupied the house built by himself with Henry's assistance in 1809. This
GEORGE WELLES' HOUSE
quaint old house was demolished in 1896 to make room for a modern residence (R. F. Page's). It was strange that it had so long withstood the ravages of time, as the walls had little studding and no siding, "clapboards nailed right on the plaster," said one when it was taken down. Within, the two main rooms, with their panelled wainscoting, great fireplaces and old brass door fittings must have made a fine show- ing in its early days, when friends, young and old, crowded around the roaring fires. Many is the tale we have heard of life within those walls. It was the home of Henry Welles and his family until 1823, then knew various tenants until 1833, when it became the home of Susan, daughter of Henry Welles, soon after her marriage to the late Edward H. Perkins, and it was the birthplace of her children. Thus it was a Welles homestead for four generations.
and heiress at law. I state these facts that I may be the better able to say, Sir J. L. Johnstone is now the legal owner of the Pulteney estate and that holding a regular and full power of Att'y from him, I am in a situation to convey to you by a sufficient Deed a perfect and unencum- bered title to the lands described in my contract with Mr. W.
I shall have this in ten or twelve days upon my return to Albany where I at present reside, and where I hope to be favoured with your answer as soon as your convenience will permit. With great respect I am Sir, ROBERT TROUP.
381
PERSISTENCY OF THE CONNECTICUT CLAIM
In 1813 a peculiar epidemic, known only from letters, called the "cold fever," swept over the valley and claimed among its many victims George Welles. However, he had lived long enough, not only to ap- preciate the worth of his eldest son, but to know that by the various enactments of Pennsylvania Lockhart's claim had passed. Lockhart himself was dead, and the bonds had not to be paid.
In dealing with Richard Caton, unquestionably the great distance between them, and the lack of mail facilities, made transaction of busi- ness extremely tedious, and gave rise to many of the misunderstand- ings alluded to in foregoing letters. Richard Caton, though a man of great ability, surely was visionary as to the possibilities of the Susque- hanna and Tioga Point. Then, too, his life, in the midst of a large family circle with great social privileges, was such that business mat- ters were often neglected, causing delays most vexatious to the plodding people at Tioga Point who craved the social life, and were worthy of it, yet had it not. The brave young man, who assumed all the burdens of obtaining the sound Pennsylvania title, excites sympathy, and surely seems to have deserved no other adversities. But, through all these vania, is the land controversy growing out of the Connecticut Claim." rising and falling, like mercury in a thermometer, as influenced by the temperature of what has been somewhat erroneously called "enabling and corrective legislation of Pennsylvania." From 1787 to 1810 every Act was dissected or disdained by either the Connecticut or the Penn- sylvania Claimants. Every settler must be quieted. "Quieting acts," indeed ! The Legislature was like a great ball, tossed rapidly back and forth between the Pennsylvania landholders, fierce for gain, and the Yankee and Pennamite settlers, longing for peaceful homes. Strange that long ago the full history of these controversies was not carefully written, viewed from all points; for, as Mr. Craft has well said, "the key note to the history of the North Branch Valley, lying in Pennsyl- vania, is the land controversy growing out of the Connecticut Claim." As concerns Wyoming proper, it reaches consecutive and full narration in Harvey's forthcoming "History of Wilkes-Barré." Yet, though Wyo- ming historians have been many, and the name "Wyoming" has gener- ally seemed to include the North Branch Valley ; as yet no attention has ever been given to the local controversies in the upper Susquehanna townships. No mention ever has been made of the controversy be- tween the Welles and Matthewson families; said to have been "the most important case in regard to land titles ever tried in the courts of Pennsylvania ;" interesting for its special legislation, and the special pleading it evoked, as well as for the material issues at stake. At its close the newspapers of the day spoke of it as "a long and painful controversy, that had been for many years a heavy expense to the state." Much general history of the Point has here to be put over to a future chapter, that the history of the Pennsylvania title and the litigation that ensued may be clearly given.
It will be remembered that in the allotment of Athens, as was the custom, the lots in different divisions were so assigned as to insure even distribution of the most eligible, which in this grant were generally
382
OLD TIOGA POINT AND EARLY ATHENS
acknowledged to be the long cleared and cultivated Indian meadows on lower part of the Point. The best of these lay along the Chemung river, as shown in map, Chap. XIV. Elisha Matthewson and Elisha Satterlee drew or chose contiguous lots on the Point, and also along the east bank of Susquehanna. It was very soon agreed that each should cultivate for the other the lots on same side of the river as their respective homes.
Elisha Matthewson had lots Nos. 1, 2, 6, 11, 12, 16, 17, 24, 29 and 30. He never purchased the whole farm, as has been said. Probably, as these lots lay in both the first and second grant of Ulster, he thought his settlement would come under the terms of the Trenton decree. At any rate, he was steadfast in his faith in the Connecticut Claim, and repeatedly declined George Welles' offers to buy. Had these lots been contiguous, his refusal would not have been such an annoyance ; but, as may be seen by the map, they were intermingled with those held by George Welles, and later by his son. The frequent freshets prevented maintenance of fences, so that it was practically impossible to preserve boundary lines. Ejectment was early considered by Caton and Welles, probably deferred both because so few persisted in refusal, and because the Pennsylvania claimant was not regarded with favor. Old letters show that there was even a prejudice against George Welles because he was college bred and reputed a man of means, his Connecticut origin counting as naught, or perhaps making him more odious.
Henry Welles having decided to purchase some part of the prop- erty, made his propositions to Richard Caton, as has been seen, one year before Elisha Matthewson's death, a fact that seems to have been curiously overlooked in his defense. Mr. Matthewson left his property in trust to his wife, for use of herself and six children; her brother, Dr. Elias Satterlee, being appointed co-executor.
Elizabeth Satterlee Matthewson was a strong character and proved abundantly able to defend her children's rights.
This possession and attitude of the Matthewson's naturally was a source of annoyance to Henry Welles when persuaded by Mr. Caton to purchase his father's third, rather than some of Caton's two-thirds ; therefore, in August, 1806, according to Caton's letters, Mr. Harper employed Mr. Hopkinson, "a Philadelphia lawyer of splendid talents and great industry," to commence a suit of ejectment against Mrs. Matthewson. This may be called the first step in the bitter controversy of twenty years duration.
For several months Mr. Caton continued to allude to Hopkinson's inexplicable delay, and in December, 1806, Henry Welles wrote :
"I wish to call your attention once more to the subject of ejectment. You know that we arranged that Mrs. Matthewson should be sued first; under that expectation, and vexed at the injuries & inconveniences we are continually re- ceiving, I threatened her, Jonathan Harris, & others with suits in the spring and summer, & month after month passed on without a step being taken-this gives them courage, and now they say we dare not sue them. An unpleasant situation,-in addition they are exhausting the lots they occupy and rob us of a great part of the feed. Now Mr. Caton I am apprehensive from the delay that there is some objection or unwillingness on your mind or Mr. Carroll's, if this
383
THE MATTHEWSON EJECTMENT
should be the case I will feel much obliged to you to inform me that I may no more render myself ridiculous with empty threats. I should be glad to have Jonathan Harris22 sued at same time with Mrs. M., provided a suit can be brought by Mr. Carroll on our third as Harris occupies none but which is included, in that part."
He continues to suggest how writs might be served, etc., to avoid expense.
Mr. Caton's letters show Welles' fancies unfounded, but the delay continued, doubtless from the lawyer's hesitancy, although again asked in January, 1807, to attend to it. At this time Caton, having inquired if Welles would pay one-third of the costs, received this reply :
"I am willing to pay §s of expense attending suit against Mrs. M. though the greater part of her possessions, say & are on your lands, but this suit will be in a great measure decisive; it will in my opinion if the result is favorable to us (as I suppose it must be) put an end to all opposition. I have pretty much given up all hopes of the Point becoming a County town-and indeed of a new county being soon laid off, there are as many views & interests as there are farms, every man wanting the Court house between his Barn & house, and there is such dis- agrement about the outlines of the County as will prevent the Assembly from acting upon it untill the inhabitants can agree better among themselves, * * * it is probable Wysock will be the spot for the court house eventually." He also makes many inquiries concerning windmills, and mentions that he and his father want to build a snug house in the village, and want a little more land to accom- modate them."
The Caton letters at this period prove that Henry Welles was not guilty of the charge (brought against him later) that he instituted the suit himself, without sanction of Mr. Carroll or agents. He did, how- ever, become desperate at continued delay, and visited Philadelphia July, 1807, as shown in a very lengthy letter to Mr. Caton, extracts from which are here given as interesting, if not all bearing on the case in view :
"I have just returned from Philadelphia * Mr. Hopkinson says that the title to land in question must be fully in Plaintiff's possession at time of com- mencing the action. Now as the writ is drawn in name of Mr. Carroll, and you bid off the two-thirds in the name of Mr. Harper, I am apprehensive, * * * You know much better than I what is requisite. It will be well to place the title papers in Mr. Hopkinson's hands seasonably ; court sits in October I have not the least fear of the issue if the cause is attended to. Harris's possession was not sufficiently valuable to admit action in District court, and I have con- cluded to push the action instituted against him by my father three years ago. I must look to you for necessary papers, the Patent to Lockhart and the various deeds. *
The allusions to Jonathan Harris' claim show that he had evi- dently resisted the Pennsylvania claim as stubbornly as Elisha Mat- thewson. Harris built a house on one of the Point lots soon after his arrival in the valley in 1789, a well-attested fact, although it is gener- ally said he first settled near the State line.
There was a severe freshet that year, and all the extra time was employed in replacing fences, but they were in great need of a wind- mill. Welles therefore asks Mr. Caton, if possible, to send him a reliable workman to erect the mill, saying :
"Getting grinding in the manner we do now is not only a trouble and expense, but the losses &c. from roguish millers are considerable. I am willing
22 Jonathan Harris relinquished his right to No. 27 in 1808 for $75, duly recorded.
384
OLD TIOGA POINT AND EARLY ATHENS
to pay a reliable millwright such wages as will compensate for coming such a distance; we have three very unruly mules which we should be glad to part with, & if the workman were to walk up here we would furnish him with a good one to ride back upon. Now Mr. Caton if you assist me in this and send a good workman you will confer a great favor and we will send you a very likely 2 year old Mule which you will please to accept towards the trouble you will have in the affair, we will send it by the millwright."
Surely, unruly mules are most unusual returns for favors. Mr. Caton must have been gratified! August 3, Welles acknowledges re- ceipt of the Patent by Mr. Sedgwick.23 This is the Patent now in pos- session of heirs of E. Herrick, Jr. It should be in the George Welles case in Tioga Point Museum. At this time Henry Welles reports diffi- culties between Mrs. Matthewson and her brother, Elisha Satterlee, concerning the lots exchanged in use, beforementioned. He fears that Satterlee will obtain possession, rendering another suit necessary, and concludes to serve the writ, hoping title has now been vested in Mr. Carroll. Accordingly the writ was served. What consternation it caused !
According to Col. John Franklin's deposition (some years later), Mrs. Matthewson at once carried to him "a copy of the writ served and returnable to the Circuit Court of the U. S. to be held in Philadelphia."
He offered to engage an attorney for her at $10, but she replied she was too poor to pay the fee. She then appealed to her brother, Elisha Satterlee, saying that she would remain quiet if some of the leading Connecticut men would defend the suit and get the general question tried ; that is, to put the Connecticut title to the test. Other- wise, she said, she "must settle with Mr. Carroll as best she could." Franklin and Satterlee did not respond to her appeal, perhaps dared not. But she set up no defense, and the case was temporarily sus- pended, and soon after affairs took a new turn.
A new actor here enters on the scene- Thomas Overton,24 an Englishman residing at The overton Wilkes-Barré, who had become the agent of Joseph Wharton, of Philadelphia. (Many of the original claims under Pennsylvania east of the rivers had passed to Wharton.) Luzerne County being too distant from the lands in charge, Mr. Overton de- cided to establish himself at Tioga Point.
The following letter introduces him :
"Nov. 30, 1807 .- Mr. Caton-Sir :- I wrote you several weeks ago, by the particular desire of Mr. Miller relative to his lot, and mentioned that I would write again soon. I have since been so busy at corn harvest as not to have time. The most important and I think agreeable news I have to communicate is, that
23 This must have been Stephen Sedgwick, the lawyer, who was for a time a resident at Newtown, a man of keen intellect and brilliant intellectual powers, the progenitor of the present distinguished family of his name. According to Henry Welles' letters he also lived at Athens, and may be of the same family, who intermarried with family of Ashbel Welles.
24 Thomas Overton was from Lancashire, and judging from the meagre family records, could not have been long in this country, as his second son was born in England in 1795. His wife's name was Bleasdale; they had five sons, of whom Edward and William H. were well known in this section; Edward as the eminent lawyer of Towanda and William H. as a citizen of Tioga Point, engaged in various activities. Thomas Overton lived a few years at Tioga Point, then purchased the Solomon Tracy place in Ulster, where he lived and died. (Now Mather.) He was agent for various land tracts on both sides of the river; also kept a famous public house, the rendezvous of the militia. Very many of his descendants have been residents of Bradford County and Wilkes-Barre. As a Pennsylvania land agent Mr. Overton met with all the antagonism and criticism that was rife at that time.
385
AGREEMENT WITH MRS. MATTHEWSON
we have settled with Mrs. Matthewson on the subject of the suit against her. The circumstances attending it were such as made a delay impracticable. Thos. Overton was at that time contracting with her for the House and Lot on which she lives provided she could make a Penn'a Title, and a good neighbor was an additional inducement, to settle with her amicably. The terms are, she gives up all her possessions on the Lockhart purchase for the Penn'a title for the house and lot where she lives (the Red Tavern), and we pay the costs of the suit. These terms we think are very good for us, as well as her, for I am sure you would not wish to turn her out of her house when she did not set up any defence, and for my part I should have felt disagreeable to have pushed even at the end of an Execution to any better terms. Under these impressions we ventured to act for you and I hope it will meet with your approbation. We have given a Bond for Mr. Carroll's Deed, and now have peaceable possession of all the lands, except those that have winter crops on, and those are to be divided up next summer. Mr. Overton is coming to this place to reside with his family, and intends opening a land office. He has extensive agencies, and seems to make many advantageous sales. I have never until lately been able to say that I thought the dispute in this county was near a termination, but now I really think it is.
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