A history of old Tioga Point and early Athens, Pennsylvania, Part 53

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 53

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"With regard to my Father's accounts with you, he says it is, (and I know it to be so), almost impossible to pay you anything more than 1200 acres of the New York land, I to retain Saltmarsh's, Hopkins' and Irwin's notes. * * a de- mand against Irwin would be worth nothing. Of Hopkins, we have nothing, except Physick, and of Saltmarsh, but a small part. The small amount of property which would be possessed by my Father, after delivering up the 1200 acres, and the remaining notes would not pay what remains due to the estate of his sister Jerusha Welles and the expenses attending his insolvency which must now shortly take place. Out of that scanty pittance, however, he will add two hundred dollars as compensation for rent up to the time of settlement. If you could know our circumstances exactly. Mr. Caton, you would find that it would take everything that belongs to my Father that could be asked short of general delivery. I have not had any of his property towards paying for the Point. What I have paid all arose from my own resources, and our accounts have been kept sufficiently separate to do entire justice to his creditors.

"I hope you will think, as I really do, that it is best to close on those terms * I suppose you do not choose to make the exchange I have mentioned, of land on the Point. However, Spring will soon arrive, when I expect to have the honor of seeing you. I will thank you for a letter soon. H. W."

In regard to this settlement with Mrs. Matthewson there are notes of Henry Welles, saying that Dr. Elias Satterlee, Thomas Overton and David Paine called on his father and made the first proposition. Everything now seemed very serene. Henry Welles looked forward to farming in comfort, and built a corn house at once on one of the lots.

Shortly after he writes again to Caton :

"Sir : It would be very agreeable to me if you would get deed to Mrs. Mathew- son executed by Mr. Carroll and sent on * * * I am the more anxious as great delays seem to arise in affecting any thing where there is such distance. * * * I am sorry to say the prospect of the point coming under the seventeen town act is rather dull and uncertain. I am so perfectly convinced of its being to our interest as to wish anxiously for it; even if you were desirous of repurchasing any part you would get it at a price little higher than land of an equal quality any where about the neighborhood, consequently at a great discount from the Lockhart price. The supplement to the Act provides a compensation by the verdict of the jury to the Penn'a claimant up to the full value of lands and im- provements. Our situation, however, would be still better as Lockhart would un- questionably have to refund, principal, int. etc."

At the time of the transaction with Overton a deed of the Point lots to Henry Welles from Mrs. Matthewson and Elias Satterlee was

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drawn, and a bond was given by George and Henry Welles, agreeing to procure Pennsylvania title for Overton. These two documents25 were placed in the hands of David Paine, who, though clerk of the Susquehanna Company, was friendly to both Welles and Matthewson. Attached to these papers still is Paine's deposition that he delivered deed when fully executed, although later it was claimed that the con- ditions of delivery had not been fulfilled when Paine relinquished said deed to Henry Welles.

Matters now appeared very placid, but it was only the calm pre- ceding a great storm. Naturally, Mrs. Matthewson knew she had made a very poor bargain, relinquishing the 100 acres, and getting only the price of house and lot. But just at that time the Connecticut claim had little showing. A new factor arriving on the scene quickly changed opinions.

Dr. Robert H. Rose, agent for certain Pennsylvania landholders in Bradford County, came during the winter of 1807 to open a land office at Tioga Point. He was not a stranger, having been active all through the valley in 1803 and 1804 as an agent acting under Judge Cooper, commissioner. At this second coming he was special agent for the Bing- ham tract. Athens and Ulster did not receive the benefits of Act of 1799, and therefore all settlers in those townships were classed as in- truders, and had lost hope. Dr. Rose left no stone unturned in procur- ing settlers for his location, and made known to all that a movement was on foot to petition legislature for supplementary acts in favor of Bedford, Ulster and Athens. And further, he gave public encourage- ment that Pennsylvania landholders would support such a measure. Again hope rose high in Elizabeth Matthewson's mind.

As she had not yet relinquished all the property, why not seek to hold possession ? Mr. Overton, according to his own deposition, had already been skillfully treated. As he was leaving town for the winter, he offered first payment on price ($700) of house and lot, without waiting for the title. This was declined; cash was scarce, and Mrs. Matthewson feared she might be induced to lend, and so lose. It was agreed that the entire payment should be made at once, that she might have a fund to purchase elsewhere,26 and the matter rested. Soon

25 'These papers are among the Herrick-Welles portion of Craft Collection. The quit claim deed to Henry Welles was recorded in Susqu'a Co. Records Book G, p. 163, by John Franklin, clerk. Besides this and the aforementioned Bond, was an agreement between Henry Welles and Mrs. Matthewson, whereby he agreed to lease to her for the nominal sum of seventy cents, a lot south of Big Flat pasture, also three other meadow lots, for her use for sixteen months to 7 November, 1809, the meadow lots not to be ploughed, but improved for mowing, and delivered at expiration of time, without delay, and in as good repair as to fences as now. And yet it was on one of these lots that plowing was commenced in the ensuing spring, resulting in a desperate quarrel on the spot, according to sworn depositions. An ap- pended record to last agreement gives names of various witnesses to the fact that Henry Welles warned Mrs. M. 7 Aug., 1809, demanded possession 7 Nov., 1809, that she gave pos- session 8 Nov., and that Mr. Welles drove off her stock same day.

26 The outcome of this matter was as follows, according to Overton's sworn deposition: When he went up in the Spring to make complete payment, he was told that Mrs. M. had only a life interest, and one of the older children assured him they would call on him if sale was consummated. He asked in vain to be indemnified against children's claim and decided the contract was at an end. But after Henry Welles had been put in possession of the other lots as agreed, effort was made to make Overton pay, and a suit was brought against him in New York State in 1809, and he was arrested at Newtown. He was also deceived (evidently intentionally) by Vincent Mathews, lawyer, for when he came up the river at appointed time, he learned a judgment by default had been taken against him, he was "taken into execution, and before he could get his liberty, he was obliged to release Mrs. M. and Dr. Satterlee from

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THE YANKEE-PENNAMITE SEESAW

thereafter it was apparent that Henry Welles, as well as Mrs. Matthew- son, had fallen on troublous times, and both deserve sympathy. New lions now loom up in the way, as disclosed in the following letter, well calculated to give even Richard Caton "a bad half hour." The see- saw was again in motion-Connecticut up, Pennsylvania down !

"Tioga Point, 20th Feb'y, 1808 .- R. Caton, Esq.,-Dear Sir :- I received your favor of the 18th, Jan'y, by last post in answer to my letter of 10th, Dec. in which I informed you that Mrs. Mathewson had agreed to give possession of some hard quarelling before that is the case. The deed had better be executed a deed for the lands. Since that time a new affair has taken place which to you and us is fraught with important consequences as it respects the ownership of the lands on the Point, and the relative situation of my Father's concerns with you and Mr. Lockhart; * * * the Lockhart purchase is about to be included in the operation of what is called the Seventeen Town Act, the provisions of which you are well acquainted with. It will be held in virtue of an old Grant by the Susq'a Co. of a Township called Old Ulster, which runs from the Point itself two miles down and three miles up the Susq'a River. The inhab- itants have applied to the Commissioners for its establishment, and no doubt remains that it will be granted. It will unquestionably deprive you of all the lands on the Lockhart purchase, except those now held by both titles or in actual possession. It sets every thing afloat and seems just like everything else in this cursed eventful country. I am not without apprehensions, that we may lose certain lots of which we have taken possession, and Mrs. M. has such hopes of being able to hold her lots as to throw out hints that reach our ears, that she expects to hold them notwithstanding what is past, but there must be some hard quarelling before that is the case. The deed had better be executed and sent on here and a Writ of Possession from the Federal Court issued and we be put into possession according to law, and the deed tendered; if that is not taken she will be at your mercy. I have but little doubt but these proceed- ings will have effect.

"I suppose you are aware that the power of executors merely cannot give a legal title when it is vested in minors, and therefore the Writ of Possession is necessary. I suppose that will be sufficient. The Commissioners of the 17 Towns take a wide range, paying almost exclusive attention to regular Conn't titles. A variety of thoughts strike one's mind while thinking on its effect, and I am more reconciled to it than at first, under an impression that you can recover from Lockhart the full value of the land wrested from you by the State. That is a general opinion, and now there are a number of suits depending against the State of a similar description. And it might even be expedient to alienate the Conn't title to what you do now hold in order to recover more money and hold the land by virtue of that title solely. These are crude ideas, at least the last one, but there is no doubt but Lockhart will be obliged to refund a large sum as his deed you know is very explicit & perfect. It warrants against the State in very pointed terms. On the whole I am of the opinion that you will be a gainer by this, for my anticipations of the growth and importance of this place are very moderate, and even if that were not the case the Conn't title can be had at any time very low. In fact the purchase of Lockhart's title was a dreadful one, and unless you can recover the money a dead loss. Dr. Rose has made contracts with a considerable number of the backsettlers on the Bingham tract at one bushel of wheat per acre for the first 100, and 1 1/2 for another 100 acres to each settler. It was owing to his advice that the idea came of quieting settlers on the river in the manner above mentioned. He found it necessary in order to effect a settlement with the Back settlers. * * * I have leased several lots for you, the possession of which we assumed under your title solely, and are rather apprehensive of trouble from the tenants if the Yankees case holds. However, I will endeavor to settle it amicably .- HENRY WELLES."

the contract and to pay $300 and costs. This suit was carried into Supreme Court, according to lawyer's statement still preserved; yet in 1826, when Henry Welles applied to the Clerk of Court for "Declaration, Oyer &c.," the papers could not be found. Therefore our knowledge is limited.

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A few days later he thought best to write to Lawyer Hopkinson, as follows :

"It has become necessary that a writ of Possession in the case of Carroll vs. Matthewson should be issued, as difficulties have arisen on the part of Mrs. Matthewson, she has imbibed an idea that notwithstanding what has passed, she will hold the land in question under the Law of 1799, called the Seventeen Town Act, which is about to be extended to this place. I suppose it to be an imbecile idea, and that when the Execution is served it will place the Lands in our hand without dispute. It will be best for the Marshal to forward the writ to Mr. Henry Dowell of this Co., who is the Deputy Marshal, and who will probably proceed direct to this place for the purpose of executing the Process. The Law alluded to will take place here before the proposed suit against Jonathan Harris can be brot, to a close & I must settle with him on best terms I can."

A letter from Dr. Robert H. Rose to Henry Welles, written Feb- ruary 20, 1808, indicates that he was all things to all men; or perhaps he knew the trouble he had made at Tioga Point, and was trying to compensate for it. After consulting Wilkes-Barré lawyers, he wrote that Welles, in their opinion, would run little risk in holding his land under the Pennsylvania title. But that both lawyers seemed to think Welles might assume the Connecticut title, and make Lockhart respon- sible for the defect of "sd. Connt. title under Pennsylvania." This the lawyers thought of so much consequence that they advised Henry Welles to consult a Philadelphia attorney. What a curious showing! What troubled dreams all these people must have had as to titles, in- cluding the poor Commissioners appointed to adjust all these torment- ing, conflicting claims !

Spring of 1808 came apace, and the "hard quarreling" seems to have set in. Both parties wanted to hold the lots; the proposed Writ had not been served. The action of Mrs. Matthewson, after having accepted a deed, was considered trespass; therefore, April 18, accord- ing to notice served April 13, an "Action of damage for trespass" was brought against Elizabeth Matthewson by Henry Welles before Esquire Saltmarsh. At this time Welles was away from home, probably run- ning the river. His father's letters tell how the case went, and no doubt caused him to hurry home :

"Tioga Point 19 April 1808 .- Dear Henry : * The suit of H. W. vs. E. M. came on yesterday. Colonel Irish was not present, Col. Franklin attended as counsel. The defence was this, and to me quite unexpected (because I was ignorant) There is a clause in the laws of Pennsylvania that when a cause of trespass is before a Justice of the Peace, if the defendant before the Referees were appointed swears that the title of the land will come in question, the cause ceases. This was urged by Colonel Franklin, and Mrs. M. was ready to give such an oath. Mr. Sedgwick in very strenuous terms opposed her being par- mitted to take such an oath, produced the deed signed by her own hand, etc. and told the Court that she could not do it without forgery. Saltmarsh gave it as his opinion that she ought not to be allowed the oath, then Referees were appointed by the parties,-namely Jos. Kingsbery, Samuel Gore and John Shep- ard-to try the cause on Wednesday-to-morrow *

* * wrote between day- dawn and sunrise in haste and with inaccuracy. Yours affectionately,

"G. WELLES."

"April 24, 1808-Dear Henry: You have lost your case with Mrs. M. The referees awarded that they held no cognizance of it. Among the pleas made by Irish and Franklin was the intrusion law, making it a fine of $200, on the seller-purchaser-Justice and recorder, and the act further stated that it should

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PENNSYLVANIA UP AGAIN

be null and void-Col. Irish came to me the next day and seemed to wish to make some compromise. I told him you gave me express directions not to com- promise. So the matter must rest as it is until you return. I would not advise you to go to Philadelphia on the business but write him after you return home GEORGE WELLES." for a new execution as Overton may be here and I think the (illegible) ought to be returned.

Subsequent actions are told in following letter, which shows a fairmindedness not usually accorded to Henry Welles by the friends of the Matthewsons :

"Tioga Point, 11 July 1808 .- Richard Caton, Esq .- Dear Sir: I have omitted writing to you for a long time until I should be able to inform of the result of the affair with Mrs. Mathewson. It is at last brought to a close & we finally have conquered. On my return from down the river I found that by a decision here on a suit which I brought against her & was pending when I went away, that all our bargain made last fall in which Overton was concerned was set at naught & rendered a nullity. They plead the Intrusion Law which makes it finable to give, receive, acknowledge or record a Deed under the Yankee title, so that on that ground the one which I held was useless. Notwithstanding this we held some of the lots conveyed by force & they others, in this state things continued untill at last with great exertions we got a Deputy Marshal here to execute the .writ issued from the Circuit Court, although both his and my life was threatened in very pointed terms. We executed the process amidst their threats on all the lots except the one on which she lives & I did not think it equitable & knew it not to be prudent to attempt that. They richly deserved it at our hands tho'. Our proceedings in the Civil Ct. were near being useless to us. In this unsettled, desultory country the names even of the Townships are often equivocal. Our writ called for the lands of the Deft. in the Town- ship of Tioga, which was the name it bore when in Luzerne Co .- whereas there was another Township of the same name at the head of our river of the same name & there had been an application sometime before our suit was commenced to have it established as Athens. Luckily for us the people at Williamsport are very irregular & inattentive to the business of this quarter at least, and the application was not attended to. Our Township went occasionally among them by the names of Athens, Tioga, New Tioga, & Lower Tioga, & there never was a legal alteration in its name,-this cost me a journey to Williamsport to ascer- tain. The accidental circumstance of the name being unaltered has saved us the land, for notwithstanding they became convinced that judgment & proceedings on it were legal and binding, they were a mind to keep possession by force. This would have been very unpleasant as I should have prosecuted every person who had any concern in taking off any crops. However after two or three days of altercation & canvassing they concluded to submit and obtain of us the best terms & indulgence for the widow they could. After they unequivocally ac- knowledged that we held the staff in our hands, we felt as you would do in the same circumstances, unwilling to deprive Mrs. M. & her children of the means of subsistance, & agreed that Mr. Caton & Mr. Carroll would give her a title to the town lot on which she lives. We have entered into a Bond to that effect. We have likewise allowed her to take off all the crops which she has on the

lands. *

* We allowed in addition Mrs. M. should have the farther indul- gence of farming several lots of land next year for the support of her family. In the meantime she could sell the house & remove to some other place. The land she is allowed to use is principally within our third & I hope you will ac- quiesce in the arrangement we have made. We have done what we thought was for the best. If we had been severe a series of suits for forcible entry & trespass would have kept the neighbors in an uproar & been very injurious to both parties.

"The Legislature of Penn'a have suspended the functions of the Commis- sioners acting under the Compromising Law untill next winter for the purpose of getting a report from them stating the expense to which the state will have been put. I understand from the Comm. themselves that there is no doubt but their report will be satisfactory & that the business will go on next year again. I believe all the Penn'a claimants are desirous to have that Law take effect

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here as they know the redress that they may have upon the state is far better than any sale that can be made to any Connt. claimants, & I have no doubt but that it is a desirable event for you and us."

As to the intervening events, they were of exciting interest to all parties. In fact, it is to be doubted if in all the years of its existence Athens ever had a livelier Fourth of July than that of 1808. Mr. Hart, Deputy Marshal of the United States Court for the District of Philadelphia, had come to town, and his purpose was pretty well known, i. e., to serve a writ of ejectment, or, as termed in the law, to execute a process for the purpose of delivering up possession. Now, in this affair it seems worth while to make some use of family tradi-

United States District of Pennsylvania & Set. Richard Smith, Lasud

Charles Carrace, à citizen of the State of Maryland,

Alias' Habere Facias Possessionano, Returnable to

William Street with notice to Elizabeth Matthewson, Finant in Possession.

Mint Elizabeth Mattheuson,

You will please to take Notice , that I shall Ihracged to week's this if it on the fifth day the presents month , at q' a crack in the forencon .

Jacob Harto Defully Marshal.

viaquanh, 4,180%.

THE FAMOUS WRIT

tion, showing, as no doubt often was the case, that Mrs. Matthewson not only had many sympathizers, but much advice as to actions that have been thought her own. Mr. Hart was a Mason, as had been Elisha Matthewson. Having arrived on the night of the third, he went, under cover of darkness, and advised Mrs. Matthewson to resist the serving of the notice. Accordingly the Wyoming musket "Old Trusty" was once more loaded, and, as all the world knows, there was plenty of hot water ready, and when the Deputy advanced on the morning of the fourth, the defender of her children's rights was ready at an upper window, boldly exhibiting Old Trusty and the steaming tea-kettle.

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SERVICE OF THE WRIT

There is little doubt but there was a large audience. Was not an- other Yankee-Pennamite War in sight? Colonel Franklin and many others were probably exultant when Deputy Hart, assuming that "dis- cretion is the better part of valor," abruptly withdrew, but not without leaving the notice in a forked stick stuck in the ground before the door. And surely, not without a gleam of laughter in his Masonic eye, as he looked back.

This notice (printed on foregoing page) having been long ago picked up by Edward Herrick, Jr., may here be read of all men .

The Declaration of Independence needed no further reading on this Fourth of July, and the joy of the Connecticut settlers precluded all use of fire-crackers and sky rockets.

At the time of the April suit Mrs. Matthewson had engaged as her counsel one Job Irish, who lived at or near Asylum. "Irish was a pettifogging lawyer of no mean ability, an unlicensed practitioner, and at times a preacher." He came from Columbia County, N. Y., about 1800, and first settled on Towanda Creek. His chirography was unique and celebrated.

According to the deposition of Irish, he was again summoned in July, when he said :

"I understood from the said Elizabeth that she had shut up her house with in- tention of resisting the Marshall, but that on the assurance of Henry Welles that she should not be disturbed in the possession of her house and lot, but that the same should be released to her, she had opened her doors. That she then agreed that the Marshal might peaceably give up possession of the lands below the village to Henry Welles, Welles engaging to obtain for her a release of house and lot, and to let her take off all crops then on the ground, that, at the request of sd. Elizabeth, Irish accompanied the Marshal and Henry Welles to the lots below town and gave peaceable possession. That Henry Welles then promised Irish that he would give Mrs. M. $200 as a gratuity, which was paid. That in many conversations afterwards Mrs. M. expressed herself as satisfied and said she thought Henry Welles had been quite generous."

This is a somewhat different story, but it was given under oath by defendant's own counsel. Subsequent events go to prove that Mrs. M. was surely aggravated or instigated by other people to continue the quarrel ; in other words, she was used as a tool by some of the many men of the Susquehanna Company, or the Pennsylvania landowners.

In October, 1808, matters once more seem to be adjusted by the acknowledged receipt of Henry Welles' bond of indemnity from Mrs. Matthewson and Elias Satterlee.

A series of letters or extracts will best tell the story here.

"March 27, 1809 .- Richard Caton-Sir: I have delayed a long time to answer your favour of 18th Jan. A few days after receiving it I was married on the 20th of last month to a bride who was all my fond heart wished; young, lovely and amiable, beloved and admired by every one who was acquainted with her. I brought her home the happiest of human beings and on the 15th of this month followed her remains to the long last home. God of Heaven-the pen drops from my trembling hand-let me tear myself from the recollection long enough to speak of the contents of your letter. I wish you would be kind enough to have the deed to Mrs. Mathewson executed, and send by some person:

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A history of old Tioga Point and early Athens, Pennsylvania, Part 53

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