USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 55
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2 Stephen Tuttle was the son of Capt. Stephen Tuttle of Fishkill, N. Y., who in 1785 purchased a half share right from Franklin, and settled at Wilkes-Barré. Little is known of either man in early days. Soon after leaving Tioga Point, Stephen Tuttle settled at Elmira permanently; he was an active business man, social and witty. His wife was an extraordinary woman with great executive ability, and esteemed as a "sensible, noble, Godly woman."
3 William Prentice was the son of Dr. Prentice of Milltown. See sketch in later chapter.
399
HARD TIMES AT TIOGA POINT
Page's on a cross street named Welles Street. But we have passed several by. Just above the Academy was George Welles' public house and store, to be seen in a later picture of Main Street, and across the way the Paine house, now kept as a public house by Samuel Avery, brother-in-law of Obadiah Gore, and later of Owego. John Shepard also was a "licensed taverner," though it is not known where he kept open house. Thus it will be observed that there were at this date about seven or eight houses open to travelers. The Academy was not fin- ished, owing to the unsettled feeling due to the enforcement of In- trusion Law. With the exception of the Hendy cabin next "burying ground lot," no other houses are known at this period below Mile Hill, unless Joseph Tyler's, already mentioned.
The Paines, although alive to their individual interests, and fast amassing property, were now most active in promoting the interests of the town, and from this time on were instrumental in opening streets, etc. Both men had a great love for trees, shrubs and flowers, and not only adorned their own grounds, but suggested and aided in the plant- ing of shade trees (locusts and lombardy poplars) along Main Street and in front of the Academy ; the poplar near the Lehigh Valley Rail- road station being the only one now standing.3* Clement writes of spending two years in introducing fruit trees of most valuable varieties ; obtaining them from the famous English nurseries of Dr. Priestley at Northumberland, and even importing some himself, until he had 100 varieties. "Old Clem Paine's apples" are still spoken of by the older bovs as luscious, but forbidden fruit, whose fame was so great that even the high board fence and the owner's shotgun could not keep the boys out.
About 1799, Clement was inclined to start a newspaper at Tioga, being an excellent printer, and urged by many sanguine friends in New York and Pennsylvania. He found the particular obstacles were the scarcity of money and the great difficulty of procuring regular supplies of paper, "which I should be obliged to transport 200 miles through a very bad road, and where there is at times hardly a possibil- ity of going with any kind of carriage." With an eye to thrift, at this time, having rented "the best and most elegant house in the country," he went to Philadelphia, and "resumed his profession," as printer, temporarily. He thus describes the situation at Tioga Point :
"The times with us are very distressing, many persons are hardly able to keep their heads above water, especially those who have dealt in lands * * * A most incalculable event has happened, which may reduce me to bankruptcy. The judicial courts in several of the eastern states have declared null and void all notes given for Susquehannah lands, (adding in lighter vein) Am most eggregiously in want of a wife. David has been commisssoned Justice of the Peace.
Another letter, bearing on the history of this period, was written by C. A. Carpenter, unknown to us, from Sterling, Ct., May, 1800, addressed to the Susquehanna Company Committee. It reports a large number of respectable men ready to move to Tioga Point or vicinity if Capt. Levi Thayer, who had gone on with a company.
3* Since writing, this tree also has died, 1907.
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OLD TIOGA POINT AND EARLY ATHENS
should return quickly and report favorably, etc. The indorsement on the letter shows that there were still traitors in the camp and inter- cepted letters ; here it is :
"Respected Worthy Republican, the within I sealed and delivered to Joseph Biles, as he told me he was going emediately to your house, I found him 3 or 4 days after at Isaac Cs (Cash) whom I know to be equal, and if possible superior in wickedness to Slocum-the letter was broke as you may see by the blue seal. From the Lover of God and man-CHESTER BINGHAM."4
The Ulster Grants.
Considerable mention has already been made of the various grants of Ulster Township, the subject appearing several times chronolog- ically. In view of the fact that the location of the original grant is somewhat disputed, it seems best to review the whole matter, in con- nection with the enabling and corrective legislation of Pennsylvania from 1795 to 1812, from Archives.5 It has not seemed necessary to this history to give that of all the seventeen townships, even as to definite location. The maps known to us are, that found in Miner's history, apparently made after 1787, and that made by Col. Jenkins, the acknowledged surveyor of the Susquehanna Company, from which a copy was made by Steuben Jenkins for Mr. Craft in 1874, the whole of which is to be found in Craft's "History of Bradford County." From this map we have had copied the portion showing the sev- enteenth and eighteenth townships; explained by an extract from Col. Jenkins' notes. We have found no reason to discredit this map, ac- cording to the commissioners' decisions. But our attention has been
TIOGA RIVER
STATE LINE.
ATHENS
OLD
ULSTER
1
ULSTER.
second alteration was in 1786 (as it now stands), marked by continuous lines as the other Townships. It received the present form for the accommodation of the Township of Athens, which extends from its northern boundary as now acknowledged, to, or near to the State line.
"Copied from Col. Jenkins Notes and Sur- veys in 1874 by
STEUBEN JENKINS."
4 Chester Bingham, already mentioned, was an extensive speculator in lands, located at Ulster on the property now occupied by Mr. Mather. By the failure of the Connecticut title, he lost his means and returned to Connecticut in 1803.
5 The records may be found in Vol. XVIII, second series, the information coming under work of the commissioners of 1801 and 1810, and the correspondence resultant there- from, though, unfortunately, this volume has no consecutive or chronological arrangement.
.
"The Susquehanna Com- pany's grant of the Township of Ulster was in 1775 and is laid out on the map by the lines first dot then dash - - The first alter- ation was in 1785 marked on the map by the lines The
401
SUCCESSIVE GRANTS OF ULSTER
directed to another map of the seventeen townships in the collections of the American Philosophical Society, which we have also examined. This has no date and no surveyor's name; it has endorsed on it, "Re- ceived from Judge Gibson, 11 May 1819." It is noted on the face of the map that "The white townships are the surveys since the Decree of Trenton, and many of them since the decision of Judge Paterson in 1795."" This map is included in a manuscript volume, whose con- tents are labelled as partly copied from State records, and partly from reports of Judge Gibson and Judge Thos. Cooper.7
The original grant of Ulster is generally acknowledged to have been made in 1775 to Asahel Buck, Lockwood Smith and others. On account of the "breaking out of the war it was not surveyed or al- lotted," although, according to family traditions, Buck and Smith were on the ground, chose their lots, and are supposed to have made tem- porary homes there. It is quite possible, according to family records, that they "made pitches" prior to the grant. Asahel Buck was killed in the massacre of Wyoming; Lockwood Smith returned to his original location; and both he and the Buck heirs, or their grantees, were granted patents on these lands in original locations, thereby verifying the family traditions. Also recent litigation has brought out all the facts connected with' claims of Lockwood Smith. Both Buck and Smith were residents of Kingston in 1777-8-9, as shown by tax lists ; family tradition says they returned thither for safety at commencement of war. The first grant of Ulster was made in ignorance of the loca- tion of the New York State line, and when it was discovered that there was room for another township (laid out as Athens), a second grant was made in 1785 of Ulster, with attempt to locate it below Athens. After the actual survey of Athens, in 1786, the second grant being found to overlap the Point, a third and final survey was made in 1786, including the so-called Spalding settlement in New Sheshequin, on the east side of the river.
Apparently, the Connecticut settlers felt no special concern about these several grants, even though the terms of the Intrusion Law nat- urally excluded both Ulster and Athens. But in 1799 the Legislature, hoping to end the long struggle, passed the quieting act known as the "Compromise Act,"8 and sometimes as the "Compensation Act." The benefits of the Act extending only to the "Seventeen Townships," ex- cluded Athens, New Ulster and all later grants, such as Burlington, Columbia and Murraysfield. Colonel Franklin observed that he did not know why only seventeen were mentioned, as there were many more; thus ignoring the decision of Trenton. Under the Compromise Act, commissioners were appointed to survey, classify and value the lands; then to issue to the settlers certificates, which, upon payment of a small fee, could be exchanged at the land office for State patents, insuring a perfect title. It was, however, stipulated that the Connecti-
6 Van Horne vs. Dorrance, 2 Dallas, p. 304.
7 We are indebted to Mr. Harvey for this find, and should have left the publication and explanation of this map entirely to him, did it not so directly concern our history. The so-called white townships are Ulster and Athens.
8 See p. 715, Vol. XVIII, second series, Pa. Archives.
402
OLD TIOGA POINT AND EARLY ATHENS
cut settlers must relinquish all papers proving Connecticut rights be- fore receiving certificates.
The benefits of this Act did not extend to the half-share men, of whom at this period it was said :
"From Tunkhannock to Tioga, and along Towanda and Sugar Creeks, there were two or three hundred resolute daring fellows, who had come with the understanding that they might expect to fight for their rights, and who had sworn vengeance on any who attempted to dispossess them."
They were still the "Wild Yankees" and proved the force of their oaths by pursuing the surveyors sent out by the commissioners and the Pennsylvania landholders, breaking their instruments, shooting at them from ambush, etc. They could not be recognized, as they were generally disguised as Indians, or masked like the latter-day Ku-Klux.
"Though often industrious men who would have made good citizens, since they had come solely to resist Pennsylvania, the Commonwealth had for them a policy not of conciliation, but of extirpation. Toward them juries were allowed no discretion, and courts could show no mercy."
The mass of these men were settled near or in Burlington and were under the leadership or control of Franklin, Satterlee, Kingsbery and others along the river ; therefore Athens was called the very storm center of opposition, far more violent after the Act of 1799.
The first commissioners under this Act found so many difficulties in the way of execution that they very soon resigned or abandoned effort ; so also with the second set. Both found the provisions of the law so vague that they did not reach the people for whom it was spe- cially intended. The "actual settlers" under Connecticut, having lost some of their title papers by the repeal of the Confirming Law of 1787, were very distrustful, and did not come forward at all.9 It was, there- fore, no wonder that the commissioners "acted ineffectually," as had the seven sets appointed to enforce the various Acts since Decree of Trenton. However the commissioners appointed in 1801 proved equal to their task. Thomas Cooper was an English lawyer, living at Lan- caster, afterwards President Judge of the eighth judicial district of the State, and he proved "eminently fitted for the responsible and onerous position," in which he was well supported, not only by his co-laborers, who attended to the surveys and valuations, but also by Tench Coxe, Secretary of the State Board of Property. Coxe had long been active in land transactions, and his advice and opinions were of much value, although the commissioners were given such authority "that they constituted in effect a court clothed with competent powers for decid- ing questions of title to land, * * and all the legal part of the business was committed to Mr. Cooper."
Repairing to Wilkes-Barré in June, 1801, to begin their duties, Mr. Cooper says :
"We found no inclination among the Connecticut claimants to take the ben- efits of the law, and no expectation that any future commission would surmount the obstacles."
9 It should be noted that Judge Obadiah Gore came forward with his relinquishment to the first commissioners in 1800.
403
THOMAS COOPER REJECTS ATHENS TITLES
All the corrective legislation distinguished broadly between set- tlers before and after Decree of Trenton, or, as put by Mr. Cooper, "those who settled by mistake, and those who settled by design." Some amendment or supplement to the law was obviously necessary. Much effort, correspondence and experiment resulted in bringing the matter before the Legislature of 1801-2. Thomas Cooper appeared in person, and doubtless hastened the passage of the amendment of 1802. His "Observations," addressed to the Legislature at this time, were pub- lished10 and give a very clear idea of the Act, its defects, and the ex- pected effect of proposed supplement, he remarking that the original Act satisfied neither the claims of justice nor policy. Further inter- esting "observations" of Mr. Cooper were written as a preface to the first volume of minutes of the commissioners, preserved until recent years. Previous to the passage of supplement of 1802, many letters passed between Cooper and various State officials ; Coxe was doubtful as to location of the seventeen townships, wished to see Indian deed, have new surveys, etc. Cooper thought location in or out of any pur- chase, of minor importance. New surveys were promised in time, but in the letters at hand ( from Archives) there is no suggestion that a map was made. Cooper remarks :
"I even suspect that the Connecticut claimants will fail in making out a single title in Athens, for which I am sorry."
He does not say whether they applied under Athens or old Ulster. However, the law provided that the Pennsylvania claimants, whose surveys were made prior to the Confirming Act of 1787, were to be given preference to Connecticut claimants, but when a settler was on under a Pennsylvania claim of later date, and there was a Connecticut settler with a claim satisfactory to the commissioners, the certificate went to the Connecticut settler. According to this provision of the Act, the Lockhart title to the "Indian Arrow" set aside all the "actual settlers" of Athens township.
Intrusion Law Rendered More Effective-Appointment of Colonel Horne.
Cooper and associates were not the only commissioners in the valley. The Philadelphia men, who had speculated wildly, now found themselves possessed of 1,300,000 acres, to which their title was somewhat disputed by those Connecticut settlers after the Decree of Trenton, which the Intrusion Law had not reached as intended. Therefore they organized as the Pennsylvania Landholders' Associa- tion and sent a memorial to Legislature in January, 1801, praying for more effective measures.11 The result was the passage of a supplement
10 See Luzerne Federalist, March 29, 1802; also full copy in Craft Collection. Memorial.
11 "IT has been the insulting boast of the Connecticut Claimants, that the Laws of Penn- sylvania have not been carried into execution; a hope that such laws would be permitted to remain a dead letter, and a reliance on the inattention of the holders of land under Pennsyl- vania, have induced a number of people to intrude themselves into Pennsylvania, under the pretence of grants from the Susquehanna and Delaware Companies.
"There can however be no doubt entertained, at this time, that the laws will be punct- ually and vigorously carried into execution.
404
OLD TIOGA POINT AND EARLY ATHENS
to what the half-share men called "the Fire and Brimstone Law." Said supplement providing for enforcement of the law in various ways and for the appointment of a special commissioner, with a salary of $1,200, power to appoint sub-agents, etc. Col. Abraham Horne, of Easton, was appointed in June, 1801, and at once took the field; he has been called "a legalized inquisitor, treated as a hated enemy, and shunned like the plague." His efforts were to be specially directed against the half-share men. His appointment and approach being known, a letter was written to him by Rev. Thomas Smiley, who "lived up Towandee," a preacher, who was meddlesome and much dis- liked by the half-share men. As he offered assistance and promised compliance of himself and some neighbors, Col. Horne appointed him sub-agent and arranged to meet him at Asylum. However, Horne first went farther north, being reported at Tioga Point in July, and he wrote that he regretted having visited that neighborhood, "as the people there exert themselves to prevent compliance with the law." He issued a sort of circular letter to the half-share men,12 evidently looking out for his own welfare, while Smiley, to whose hand it was committed, worked among his neighbors. The result was not eminently satisfac- tory, for hearing that Smiley was collecting signatures, the Wild Yankees rose in their wrath, disguised themselves, followed Smiley's tracks and overtook him in the night at a friend's house. They en- tered, dragged the offending preacher from his bed, burned his papers, tarred and feathered him, and invited him to leave the country. Sev- eral of this party were arrested and brought to trial ; but all were boldly acquitted by a friendly jury, some of whom, it was said, had been
"The Governor is well known to be decidedly in favor of the measure, not only from his duty as a public officer, but also from his private opinions.
"An Agent has been appointed on the part of the public, with a handsome salary, for the express purpose.
"The holders of lands under Pennsylvania, and within the Connecticut claim, have en- tered into an association and appointed a committee 'in order to obtain the beneficial effects which may be expected to result from those laws.' "
"The Associators are highly respectable in number and character.
"The property they have at stake is immense.
"Their Committee is active and industrious.
"Council of Eminence in the law have been applied to, for the support of prosecutions against offenders, and advice to the Agent and his deputies.
"Gentlemen of Integrity and Ability will be employed by the associators and deputed by the Agent, whenever he may deem it expedient-one has been already spoken to-
"From this association the government will have every assistance and support it may become the one to offer, or the other to accept, and it cannot be doubted that the evils these wholesome laws are intended to remove, will very soon be entirely done away."
12 "L. June 24th 1801 .- To the Setlers of Luzern & Lycoming County who have Setled on Lands Contrary to the Laws of this State and since the 11th of Aprile 1795, &c. Gentlemen I have come into these Parts of the Country in order to make it Convenient for you to Come forward and comploy with the proposals made by the Land holders, for your own Safety and the publick Good in General.
"I would wish to inform you that I am your Real friend therefore have taken pains to have this don for you: now it Lays with you to Consider well and understand the True meaning of the declaration Presented to you for your signature; after which you will be en- titled to your improvement, and prevent Suits being Brought against you, for which you will have Refference to a Letter signed by the Committee of the Landholders. I would also wish you to understand that this will answer me all the purposes of my appointment with them that do Comploy, my instructions positively are to put the Law in force against all those that Re- main obstinate-but signing the declaration will be Considered as a Comployance with the Law and will be a satisfaction to myself in behalf of Government; you may also depend that the Governor is your friend, and that the Landholders are disposed to sell you the Land upon Reasonable Terms & a Reasonable prize, but they cannot set a prize pr. Acre, for you all know that the Greater part of the Country is Very Rough and worth but Little, but having Refference to their own Letter you will find that they can ask you no more for the Land you have settled on then what they can get for the Rough Lands around you, as soon as you have Submitted you make yourself a Pennsylvania Possessor and become a Party, so that you have
405
FERMENT CAUSED BY INTRUSION LAW
among the raiders. A full account of this is among the Smiley1; papers in Tioga Point Museum.
The passage of the Intrusion Law had so inflamed Col. Franklin that, forgetting his promised allegiance to the State, he once more became actively aggressive, not only in speech and private letters, but he flooded the press with his writings. He openly maintained the validity of the Connecticut title on the plea of the right of soil. Al- though almost continuously in the Legislature, he violated his obliga- tions, both as a member and as a citizen. Cooper, as commissioner, became so exasperated by him and his associates that he frankly wrote to Governor Mckean, denouncing Franklin as dangerous, and saying that he "would expel him out of the State the instant the township business was settled." Naturally, the supplement of 1801, with the appointment of Col. Horne, did not improve the situation. The fol- lowing group of letters show the result of the "corrective legislation," as well as the agitation caused by Franklin and his friends at this period, and the attempt to quiet them :
"March 1801 .- Richard Caton-Sir: Your letter rec'd. Is it not strange that the legislature should take so sudden a start on the subject of intrusion as to decline erecting a county district. I believe there was no reasonable occasion for it. The controversy is of ancient date. I believe there has been a period when the state, by adopting a liberal policy might easily have settled the dispute to the advantage of the public, and satisfaction of settlers. But, possibly by in- fluence of interested individuals, cruel and offensive measures have been adopted. * I am told it is a truth easily proven, that at an early period of Connecticut settlement, the legislature of this state passed a law that any person settling under Connecticut title should suffer death!" After giving details of Wyoming troubles he continues : "The remembrance of these transactions have to this day a very powerful impression on the minds of those against whom they were exer- cised, as well as their posterity. Notwithstanding all this. they have become a numerous people, industrious and persevering, who have from the beginning firmly believed in the equity of their title" (of which he then gives derivation, it being evident that he thought Richard Caton might not be well informed as to the Connecticut claim). After giving detail of Trenton decree, right of soil &c. he says "Does it not appear illiberal and wrong in the state to interfere in so pointed a manner? Though I hold some valuable property under both claims, I do not consider myself essentially interested in the result * * But I have thought the claim of the people is founded in equity, and that they have been grossly abused and oppressed by government of this state. Would not the best
a Right to adobt some mate (mode) of Getting at the Value either by Chusing men between you and the Landholders or otherwise. Some to be sure may think that their Lands are worth more than what the are but as soon as you becom a party by the Landholders own Stipulation -if you cannot agree you must leave it to men. I hope none of you will persuade yourselves, as I hear some do, that the Landholders are sensible of the Connecticut Claim being of some Value, or els they would not want further abandonment to be made, for if I had not got this set on foot my agency would have obliged me to have Prosecuted every Setler emedeatly who had setled since the intrusion Law passed in 1795, so I hope that non will plaim me if the do suffer on account of their obstinacy.
"As it is impossible for me to atend to all this Buisniss myself without Assistance, I have inquired to my satisfaction into the Character of your Naibaur Mr. Thomas Smiley and hereby impower him to act for me with you in my stead as if I was Personly Present.
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