USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 56
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"It gives me great Pleasure to Hear by Mr. Smiley that you are generly disposed to offer yourselves to become Citizens of Pennsylvania, which may add to your being very Reasonably delt with by the Landholders-as to your getting good titles I again Refer you to the Landholders Letter-for the put it into your hands to stipulate for a good title, and not pay anything till you can satisfy yourselves - - for further particulars Aploy to Mr. Thos. Smiley." * * * (The remainder of the letter or circular is torn off and lost; it is undoubtedly Col. Horne's original writing.)
13The "Smiley papers," several of which are in the Craft Collection, include Col. Horne's letters, Smiley's own copies of his deposition, etc. They were found by Mr. Craft under a table top in the house of the late C. L. Ward and given to him by the Ward heirs.
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OLD TIOGA POINT AND EARLY ATHENS
method of terminating the controversy be by some liberal act on the part of the state ? Or might not the titles in many instances be united to advantage; can measures too coercive have a desirable effect? You will take no offence at the freedom of my enquiries. I wish to entertain sentiments right and just. Having resided among Connecticut people, I may have imbibed erroneous ideas. It is probably in your power to inform me, a letter from you will give much satisfaction.
"With respect "CLEMENT PAINE."
In March, 1801, Joseph Kingsbery wrote to John Jenkins con- cerning the Intrusion Law, which Jenkins called "the Swindling Act," saying :
"I believe we have as good a right to get together and pass laws against the Pennsylvania claimants, as they have to pass laws against us. We are pretty generally united in this quarter, a few scape goats excepted, led astray by a cer- tain old ram, a fifty-two pounder."
He is very severe in this letter against Obadiah Gore, whom he denounces as "one of those old office catchers, born Yankees, and de- serters of their cause." In June he writes again :
"The Pennsylvania agent (commissioner) is at Loomises, picking up now and then a poor devil to abandon that Title which he never had. We have agreed on this side of river not to suffer them (Commissioners) to come into our homes or to oblige them with the least thing to support life; but entirely discard them as traitors unworthy to live among full blooded Yankees. One has already de- clared he can not live among such people, he shall quit the place & move into the state of New York. Old Chester (Bingham) seems to be the most sanguine. His spirit in the Yankee cause is full as large as his belly. Our greatest effort must be to keep united, &c. Your sincere friend, JOSEPH KINGSBERY."14
"Ulster 16 April 1801 .- Col. Jenkins-Sir : Received yours of 13 inst-have consulted Cols. Franklin and Satterly on the subject of our Righteous cause * on Monday next they with Esq Murray (Noah) and some other true Yankees have agreed to meet at this place * * * Bingham has got your letter & is to be present with Simmons, Cash, and Tracy who seem to be gaining courage by the late Terror Act-the inconsistency, unconstitutionality and rascality of that act begins to open the eyes of some who were winking at duplicity. I cant see why we should tamely submit to such nefarious encroachments on the rights of man, on the rights of Yankees inherited from the oldest Proprietor,-I mean the great Architect of Heaven and Earth-Such passive conduct is beneath the spirit of Yankees. I wish the proprietors would meet and pass some resolves equally as pointed, observing propriety notwithstanding. It would sooner bring the matter to a focus-if we have got to fight, the sooner the better-this being continually in jeopardy is extremely disagreeable. You will hear from us after our meeting, in the mean time consider me a full blooded Yankee.
"JOSEPH KINGSBERY."15
According to Kingsbery's suggestion, the proprietors met May 22, 1801, at Springfield (now Wyalusing) "to consult and advise on the most safe, prudent, legal and constitutional method of defense against any suits pending or hereafter brought against settlers under the
14 It has been said that Col. Kingsbery turned against Franklin and "the Cause." But these letters are sufficient evidence in themselves to refute such an assertion. Obadiah Gore. weary of the strife, had acknowledged Pennsylvania's rights and was, therefore, in bad repute with his neighbors.
15 This letter enclosed 15 resolutions with reference to Intrusion Law, called "The Terror Act," which it was proposed to publish "to circulate our course and sentiment through- out Pennsylvania and the United States." They were indorsed as drawn by Jonas Ingham, and read in the meeting of the committee at Mr. Paine's office. Jonas Ingham, a settler near Wyalusing, wrote "after the repeal of the confirming law, the Pennsylvania title was little thought of, and there were frequent meetings at Tioga Point, at one of which I expressed my- self with so much spirit that I was chosen director." He was sent to the Legislature in 1804 and exerted his efforts to have the obnoxious laws repealed.
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INDICTMENT OF YANKEE LEADERS
Connecticut title." Various resolutions were passed ; and ere long, re- ports having been spread of these, Franklin, Satterlee, Jenkins and Biles16 were indicted for conspiracy in opposing the Intrusion Law by granting townships under a pretended title. An arrest of judgment was the result. They were, however, brought to trial at Wilkes-Barre, May 4, 1802. According to the depositions of James Irwin, David Paine and others, Franklin and Satterlee had acknowledged that in laying out and granting townships after the passage of Intrusion Law, they had purposely antedated them. The story of this suit can best be told by extracts from a letter of Thomas Duncan to Edward Tilghman,17
16 Joseph Biles was surveyor of the Susquehanna Co. at this date.
17 Northumberland 8th May, 1802 .- Dear Sir: Having a moment's leisure on my pass- age from Luzerne to Center I have appropriated it to giving you a short relation of the oc- currences at Wilkesbarre. The indictment for Conspiracy vs. Franklin, Jenkins, Satterlee & Biles came on for trial on Tuesday. * * * The testimony on the part of the Prosecution being concluded, the Defendant's council did not then open their defence, but gave some Testimony not in any way material, & then addressed the Court on the Constitutionality of the Intrusion Act. The Court said they would hear them with great pleasure and patience on this question, * but that no long speeches must be made on the part of the State. ** *
The objections to the Act on constitutional grounds were:
"1. That this law was ex post facto.
2. That it was a law impairing contracts.
That it was an exercise of judicial power by the Legislature.
3. 4. That it was the Violation of the Right of or over Property.
5. That it destroyed or impaired the Trial of the Right secured to persons claiming lands under different states in the Courts of the U. S.
6. That it was against the equality of Rights."
To this it was answered very briefly-that this was an offence at Common Law-an attack on the Sovereignty of the State. That long before the existence of the Susquehanna Company it was made an indictable offence by Act of Assembly to enter on Lands not under the authority of Pennsylvania not under a contract expressed or implied with the Proprietors. That the right of Internal Regulation of self government and every other right, not ex- pressly relinquished were reserved; that this Power was not given up.
That it was not a law impairing contracts, for here no contract had an existence. It was a law forbidding persons to conspire, to enter into contracts for the purpose of invading the Rights of the State. That it was an Exercise of Judicial Power was denied-every law regulating property-descents-Acts for Relief of Insolvent debtors-Limit: Acts-might as well be said to be Judicial Acts, & to impair contracts.
The objection principally relied on was that it impaired the Right to a Trial in the Courts of the U. S. That the right of Entry was taken away or suspended. To this it was answered that the Courts of the U. S. had no cognizance of the criminal law of the States- that there could be no appeal-That the party claiming land under a different state had his Right of trial secured to him in the Courts of the U. S., that this was not touched by this Law.
That if in possession before the passing of the Intrusion Act, the person claiming the land under Penn'a must bring his Ejectment that he might remove into the Courts of the U. S., that if he was not in possession he might seal a lease and proceed as in the case of a vacant possession, when he would obtain possession under the authority of the law & could not be punishable. That the Constitution of the U. S. granted the Trial of the Title. That this Act did not deprive the foreign claimant of this trial, but that the State in the Exercise of their Sovereign Power said-until it is decided that you have just Title we forbid you to enter and take possession of our Lands under a hostile Right.
These matters were barely stated to the Court. * * * I understood that Judge Brecken- ridge was wavering. This gave much uneasiness and alarm. On enquiring I found that dis- tinct charges would be delivered by the Judges-but that both would declare the law to be constitutional.
Judge of my surprise, astonishment and dismay when Judge Breckenridge declared his decided opinion that the 1st section of the act was unconstitutional, that as to the 2nd. he had greater doubts, but inclined to the opinion that it likewise was contrary to the constitu- tion-as it suspended the Right of Entry. Judge Yeates delivered his opinion that both were clearly constitutional, but left the matter to the jury to determine. B. expressly stated that the jury had the Right to judge of the constitutionality of any law though they ought to pay great respect to the opinion of the Judges. I gave up the matter as lost, satisfied as the Judges differed in opinion the Jury would not hesitate to pronounce the Defendants not guilty. * * * The jury remained out some time, returned and asked the opinion of the Court whether they were to judge and pronounce on the Constitutionality of the Law. I had before suggested to the Judges the propriety of a special verdict. This opportunity was seized by them to state to the Jury that tho' they might give a general verdict, yet under all circum- stances it would be best in this case to have a special one. The jury withdrew and I drew up a special verdict in form, finding the facts as stated in the indictment. They shortly after returned, agreed to return a special verdict. I then delivered to them the special verdict, in a form which with hesitation they signed. This tho' accompanied with a division of the Judges seems to have made a strong impression on the half share men and exhibits the first proof of the determination of the People of the 17 Townships to support the Laws of the
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which elicited from Tilghman to Judge Yeates a letter of protest and unbelief in the report of the Judge's decision. Miner, alluding to this, says :
"The matter slept, and the prosecution was lost sight of from the favorable progress of the compromise law and the rapid decline of the new claims under the Susquehanna and Delaware Companies."
In June, 1801, Tench Coxe wrote to Mr. Cooper that twenty men from "Tyoga" had applied to the land office in person, evidently with- out certificates, as Coxe wrote he had referred them to the commis- sioner, who was at Loomis's, just below town.
It having been thought necessary to see the records of the Sus- quehanna Company, application was made to Col. Franklin, who was reported to have them in his keeping,18 although doubt was expressed as to transactions of the later meetings, as the clerk (David Paine) was supposed not to have been sworn into office. Coxe claimed that the minutes submitted were not the original, although Franklin had agreed to produce them.19 Coxe also wrote :
"It appears to me that the 17 townships were confined to the old purchase of 1768 (meaning Penn's) and that the old town of Ulster was originally so laid, and that they afterwards carried it in part over the West side of Susque- hannah in the purchase of 1785."
This is the only allusion found by author as to the location of Ulster east of the river, but it is so located on the map in the American Philosophical Society.
The correspondence of the commissioners at this time indicated that, until obtaining the minutes, they had not been fully aware of Franklin's continued opposition, and the hostile meetings after the Decree of Trenton. Now Cooper and associates wrote, suggesting to the Governor :
"The apprehension of Franklin, Spalding and another or two upon good ground would go near to terminate the dispute."
State. And to punish on proper proof every infraction of them. It likewise is the first solemn act of renunciation of the Connecticut claim and a declaration that it is a pretended title. The argument comes on before all the Judges to be assembled during the September term. I hope it will be considered by the Penn'a Landholders as a most fortunate event, affording evidence that juries will carry those Laws into effect if they are deemed constitu- tional by the judges. For my own part I felt a relief from the unexpected issue. The mill stone that was weighing me down to the earth removed by the very manly and greatly to be applauded Integrity of the Jury. * * * Franklin and Jenkins are found guilty. Satterlee and Biles acquitted. For the verdict is a bare verdict of guilty, subject to the opinion of the Court whether it is an offence or not. They are bound over to appear at the next Circuit Court in large sums and to their good behavior .- THOS. DUNCAN.
18 The record books of the Susquehanna Company remained in the keeping of Colonel Franklin. About 30 years after his death they were found in the attic of his old home. Again they disappeared, and their whereabouts was generally unknown. A letter among the papers of Edward Herrick, Jr., revealed the fact that he had sent them in October, 1862, to the Connecticut Historical Society, where they were entered and acknowledged as a gift from him. The following year, at Mr. Herrick's instigation, D. W. Patterson, the eminent geneal- ogist, sent to the same repository the index which had fallen into his hands. They were so little valued even then that they lay long unheeded in the shop of the Recording Secretary. Some years later Mr. Craft spent a month in Hartford, and made copious notes, to which we have had access. The Franklin heirs, through the Tioga Point Historical Society, made un- availing effort to obtain these volumes. They should be in Harrisburg in the Land Office.
19 As to the authenticity of the copy furnished Cooper makes this observation: "The Commissioners procured * * * from Col. John Franklin, the known clerk of the company, a copy of those rules and regulations from 1754 to 1786 attested by Mr. Gray, the former clerk, whose handwriting was known, and which bore evident marks of authenticity internally, and were officially transmitted by Col. Franklin, and acknowledged by the above mentioned gen- tleman, as the rules and regulations of the Susquehanna Company."
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THE SUSQUEHANNA CO. AGAIN ASSEMBLES
They divided the Connecticut claimants into four classes, placing in the first, Franklin and associates, classed as "principal supporters and speculators in Connt. title, by whom the spirit of actual oppo- sition is perpetually Kept up." They seemed to deplore the attempts of Col. Horne, praising the half-share people as for the most part a very orderly set, industrious cultivators, remarking that if they were driven off, the country would "become a desert, and a desert it would remain." Cooper and Coxe finally disagreed along these lines, as Coxe was absolutely intolerant toward the Connecticut settlers, and Cooper being in their midst, wisely saw that a policy of conciliation would be most effective. The following letter indicates the need :
"Athens July 15, 1801 .- David Paine to Col. Jenkins,-Dear Friend : Re -- venge, malice, envy & hatred still continue to reveal their tales of dishonor at me by inventing & propagating dark & sly insinuations derogatory to my character, by which means they hope to make me obnoxious to 'the powers that be.' I fear the times are near at hand when men's souls are to be more severely tried than they have ever yet been in the past. The 'furnace seems to be heating seven times hotter than it was wont to be heat.' Perhaps the Lord may look down with compassion upon the righteous and shield them as in times of old He did Shadrach, Meshach and Abednego.
"I regret the foolish transactions of a mob at Towanda. Conformity to law is necessary."
This alludes to the attack on Rev. Thomas Smiley.
In August, 1801, the proprietors of the Susquehanna Company were notified that a meeting would be held "in Athens on Tioga Point" October 20, at the dwelling house of Stephen Tuttle, Jr., publication being requested in New England and New York. A number of the proprietors met, and notice was given of adjournment for two days to accommodate Luzerne proprietors, who were evidently doubtful or tardy. On the 22d they met again and appointed a conimittee to ar- range and prepare business to be acted upon, and adjourned one day. October 23 met pursuant to adjournment. The resolutions passed20 show a strong inclination to end the controversy, and a committee of five were appointed to attempt a compromise with Pennsylvania claim- ants; but, if they were unsuccessful, another resolution showed all ready to defend their claims. In Mr. Craft's notes are found further resolutions not published in the Archives, also an account of a meet- ing the ensuing year, as follows :
"Resolved that the Sus. Co. do hereby strongly recommend to the 'Pro- prietors of the Delaware purchase to unite with us in bringing into effect an ami- cable compromise, or in defending the title and claim to the lands aforesaid.
"Resolved that the Commissioners of this Co. be and they are hereby di- rected to make an estimate of the sum of money that may be necessary to be collected from the Co. for the purpose of carrying the foregoing resolutions fully into effect, and to proportion the same amongst the proprietors and settlers in the several twps. as well as amongst the non-resident Proprietors in proportion to the property they respectively claim in the lands and to appoint such suitable persons as they shall judge proper to collect the same to be paid over to the Treasurer of this Co .- Resolved that the standing Committee of the Co. afore sd be & they are hereby directed to audit and settle all accts. with any monies or property of this Co., or who may have any demand or unsettled accts vs. this Co. -Resolved that the foregoing Res's be signed by Chairman & Clerk & published in the public papers printed in Wilkes-Barre. Res. that this meeting be adjourned
20 Pp. 121 and 122, Penn. Archives, 2nd series, Vol. XVIII.
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to the 2nd Monday in May 1802 at 10-0-clock A. M. to be held at the dwelling house of Maj. Elisha Matthewson in Athens on Tioga Pt., and that the clerk of this Co. give notice thereof in one or more of the public papers in the states of Pa., N. Y., Ct., Mass., R. I., N. H. and Vt. at least 6 weeks previous to the time of sd. Meeting.
"Truly recorded, attest, JOHN FRANKLIN, Clerk."
"At a meeting of Sus. Co. held by adj't. May 17, 1802 Saml Avery Chair- man J. Franklin clerk, adj'd until to-morrow 10 A. M .- Met the 18 & adj'd until to-morrow, May 19 Met pursuant to ag't .- The commissioners, appointed by the Co. 22nd of Oct last to treat with Commissioners or agts. of Pa. land claimants, to receive or make propositions in behalf of Sus. Co. Report. That in pursuance of their appointment & instructions they addressed the Com. of Pa. landholding as follows:
"Athens, 24th October-1801 .- Gentlemen: Having been advised that the Pennsylvania Land holders were disposed to offer an easy compromise to the Settlers in Luzerne, claiming Lands under the Connecticut title-And that the Committee on the part of said Land holders had expressed a wish 'that the Claimants under Connecticut in a general meeting for that purpose constitute and empower Commissioners to treat with them on the proposed accommoda- tion.' In pursuance thereto notice has been given and a general meeting of the Connecticut Susquehanna Company of purchasers and Settlers has been con- vened and held the present week in this village, and the proposed accommoda- tion taken under consideration and the undersigned appointed commissioners on the part of the Company and Settlers, with instructions and power to treat with Commissioners or Agents that are or may be appointed and properly authorized on the part of the Pennsylvania Claimants, to receive and make propositions and to endeavor to bring into effect a reconciliation of the contested Claim by an amicable Compromise.
"Having an ardent desire on our part to prevent Litigation, to put an end to a contest that has been of long duration, and to promote and cultivate peace and harmony with our fellow citizens. We the undersigned take the earliest op- portunity to advertise our appointment, and to inform you that we are ready, on our part to open a Conference on that subject, to receive propositions respecting the mode of proceeding and to receive consider of and answer any propositions that may be made on our part which may have a tendency to bring about a re- conciliation of the contested titles. We would however, suggest as a preliminary in this business that no manner of advantage shall be taken against either party in any future mode of settling the controversy in consequence of any proposi- tions that shall be made for an accommodation provided that our attempts to compromise should prove unsuccessful. * * *
"We are gentlemen with due respect, your most obedient and humble servants.
"JOHN FRANKLIN. SAMUEL AVERY. JOHN JENKINS. EZEKIEL HYDE. SAMUEL BALDWIN.
"To the Gentlemen Committee of Pennsylvania Land Holders."
No response to this is found ; probably it was ignored.
January, 1802, David Paine writes :
"The Governor as usual in addressing legislature recommends strenuous proceedings against the Yankees of Luzerne.""
This serious prospect did not seem to dismay the young people of Tioga Point, who David writes, "are preparing for a general fandango at the Doctor's Hotle." A later letter tells "we had a general collection of the boys and girls of our neighborhood 30 or 40 couples at Doctor's
21 Gov. McKean's message was very forceful, one passage being as follows: "The en- croachments upon the soil & sovereignty of Pennsylvania in that quarter continue to afford cause for indignation and alarm. Should the judicial authority be defeated in its legitimate endeavors to punish the delinquent intruders and protect the rights of property; I shall rely implicitly upon your support," etc.
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THE CONNECTICUT INTRUDERS PURSUED
Hotle, had one of our right old fandango's, and passed the eve in social glee."
A law was now passed "against Yankees sitting as jurymen to try Yankees on intrusion law." Many suits of ejectment were instituted, and in April Stephen Tuttle reports, "All the Yankees are going to court to meet their fate."
He quotes from the answer of the House of Representatives to the Governor's speech :
"We hear with indignation and regret that repeated efforts made to prevent encroachments on the soil and sovereignty of Pennsylvania have not produced the desired effect. We agree with you that the fame and honor of the govern- ment have been too long violated and insulted by the lawless and arrogant com- binations of Conn't Intruders, and should the judicial authority be defeated, * * you may rely on our support in the decisive measures which it will be your duty to pursue.'
David Paine's comment is :
"This is the work of Democrats, the supreme court have pronounced the In- trusion Law Constitutional. * * * I am not at all surprised that the Demo's hold up their heads so bravely. The late importation of so many Paddas who well understand the use of the shalaly, the acquisition of the sober, moral and religious F- P- the bosom friend of the President, who by his letters to the public has done the cause he espouses so much credit, must be matters of real gratification and encouragement to the adherents of the cause (Democratic) you have espoused. But remember you rise to fall again and that shortly. The term Federalist, agreeable to my construction and application of the word, means a firm steady friend and supporter of the Government of the United States, agreeable to the Constitution-not the offspring of the old tory party, but the true patriots of '76, (and their descendants) who fought and bled in the cause of liberty. I have none of these people 'cowed down' for they are assured the Lord never forsaketh the righteous."
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