USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 58
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"Our sentiments as committee & landholders generally are the same. We wish the Penn. landholder & the actual settler could get together, & lament that settlers did not long ago act for themselves & purchase which was certainly in- cumbent on them to do, as readiest means of obtaining favor of government .* * *
"Should the settlers fear arrest if they go to Phila to purchase, we declare, if they really mean to purchase they will not be molested by Penn. landholders or government. But while we assure you of our disposition to sell lands on reasonable terms to actual settlers, understand clearly, it is not as a compromise or acknowledgement of title derived directly or indirectly from Conn. We know that no such title does exist, and as citizens of Pennsylvania, cannot admit it to be brought into consideration. * * Actual settlers ought to come forward & show desire to purchase. They may easily find the owner under Pa. Until they find, & purchase from him they can never expect to live in peace and security.
"We heartily wish your good dispositions may be attended to, & yr neighbors wld. deliberately weigh yr. good advice & warnings immediately, for in a short time they may be useless.
"We are with great respect EDWARD TILGHMAN SAMUEL HODGDON."
to the laws of Pennsylvania. Whenever such an opposition may exist, we shall feel it to be our duty as citizens of Pennsylvania, and as friends of Order, to meet it with our united and strenuous disapprobation.
We address you in favor of the Actual Settlers on the disputed Lands,-Men who have generally expended their all for the purpose of removing into that country; who have settled there under the influence of a conscientious belief in the equity of their claim; who by the efforts of unwearied Industry have converted the rugged wilderness into comfortable abodes for themselves and families, and who by their Industry have not only improved their indi- vidual possessions, but have also rendered the neighboring wild lands of much more value. Under these considerations we confidently hope, that Humanity and benevolence as well as the suggestions of Interest will induce you to deal generously with these People, and to quiet them in their possessions on terms that will not dishearten but encourage Industry. Should you adopt such liberal measures for the determination of the dispute, you would change the settlers from being determined Enemies to cordial and useful friends; not only would the price of the wild lands be greatly enhanced, but they would find a more ready market, from the rapid influx of industrious and respectable Settlers from the adjacent States. On the other hand should the Dispute continue to rage, and the Settlers be finally expelled by arms, or the rigors of the Law, the Country would be again reduced to a Wilderness, and half a Century would probably elapse before it would regain its present state of Improvement. In the meantime the lands would be productive of nothing but expense, and the respectable emigrant from the neighboring States would avoid the Country as a land devoted to litiga- tion and bloodshed.
Believing that a disposition to purchase on reasonable terms is now generally pre- valent among the Actual Settlers, which if properly encouraged might soon ripen into a Com- promise beneficial to all parties, we have taken the liberty to offer to you the above sugges- tions; hereby assuring you of our sincere co-operation in any reasonable measures that your wisdom may suggest for the termination of the unhappy dispute .- NATHAN WALKER, TIMOTHY BEEBE, THOMAS WRIGHT, JESSE FELL.
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OLD TIOGA POINT AND EARLY ATHENS
Probably the following was in connection with this correspondence sent by a member of Legislature to a friend in Luzerne :
"Lancaster, March 21. Sir, The following was put into my hands by Mr. Cooper this A. M .- 'Sir, Mr. Ralston and I called yesterday on the governor, and on the Wyoming dispute represented to him that if the commissioners were not interfered with by legislative interruption,-there was great probability that not only the dispute within 17 twps. would be settled in the course of the year, but that the half share settlers would gladly come forward with reasonable pro- posals, and throw off the few speculators who have hitherto misled them. The Governor declared that he much doubted whether this would be the case; that the people of the country deceived us, that they've done nothing yet to evince such a disposition; that he should be very glad to find the case as we stated it, but that the dispute should be settled this summer; that he would no longer permit the rights of the state to be settled by those Intruders, but that on the first day of June next he would send a force there of at least 2000 men. This was the material substance of the conversation which you should know, that the people of your country may know their real situation and act accordingly.'- "THOS. COOPER."
June came and went, and, fortunately for the half-share men, the Governor did not carry out his threat. In July, finding that the work at Wilkes-Barre required full attention, Dr. Rose was sent to Tioga Point as agent of the commissioner. Mr. Cooper instructed him to go first to Judge Gore (Obadiah), saying :
"Who, tho' certainly a former friend to the Connt. claim, holding ostensibly under it, and tho' on many occasions he has trimmed between the two parties, is anxious to have an end put to the controversy, and to have title of this state pre- dominant, as also his son-in-law Capt. Cash ; but, another son-in-law Col. Spalding (John) is among the most inveterate opposers of Pa. title. Between Gore's and Tioga, and a little above live the Spaldings, Satterlees, Kingsburys, Franklin, and all the most violent of the half share party.
"The omissions of Supreme Court of this year are a victory for half share men ; they think the Judges are afraid of determining as to Territorial Law etc., and it will send Franklin again into the Assembly. * At Tioga Point put up at Stephen Tuttle's, he is of no side. Go with my note to Mr. Welles (George) on whose good sense and good intentions you may implicitly rely ; he knows all these people and their movements better than any man not of party, he lives among them. * * * About two miles from Tioga is a Mr. Loomis on old Sheshequin flats who bought Penna. title from George Lattimore, Saml. Pleasants or both, who has the best improvements there, and who sets his half share neighbors at de- fiance. I regret that I was compelled to reject the twp. of Ulster, and that the Legislature did not grant it, for it would have made a schism among the leaders of half share men, and in the very focus of all their opposition."
Having arrived at the Point, Dr. Rose wrote voluminous letters, most of which were addressed to S. Hodgdon, Chairman of the Penn- sylvania Landholders' Committee, who had made Rose agent for their lands. August 10 there was a meeting of half-share men at Joseph Ballard's, of which Rose writes the next day :
"A town meeting held on Sugar Creek, at which the Connecticut Committee Kingsbery, Spalding and Satterlee were present. Whisky flowed freely and the meeting became very tumultuous. Those present passed a vote that they con- sidered their title as holy as the God of nature could make it and that they would stand or fall by it, with much more of the same sort. At last when too drunk to know what they were about, they wrote me an amusing letter, closing by begging me not to lose my temper over it." (Sept. 17 he writes) "On Sugar Creek, and in Old and New Sheshequin, where we have met so much opposi- tion, and which, especially the latter, may be considered as the nest of the spec- ulators, I recommend resurveys of land, but probably not possible without violence or blood shed."
419
DOCTOR ROSE AT TIOGA POINT
The following year he had a surveyor working in Sheshequin and opposite Tioga Point, but without being able to discover either boundary or corner. Zephon Flower at this period decided it was more profitable to affiliate with the Pennsylvania people. He became surveyor for Rose and different agents, and naturally incurred the odium of his Connecticut friends. They shaved his horse's mane and tail, shot at him from ambush, and threatened violence again and again ; but he was never injured, and his notes and surveys are among the most reliable records.
Rose made this plaint :
"I do not know the reason, but Pennsylvanians who have been among the Intruders appear to turn no small bias to their side."
In November, 1803, Cooper wrote to Rose from Wilkes-Barré, regretting that Supreme Court had not sat there, as "their omission gives strength and credit to the Half share men, who would feel the weight of a decision against the delinquents;" alluding to the indict- ments against Franklin and Jenkins, which he "hopes will hold water." Also says the most effectual way of getting rid of the half-share men is by ejectments, which he earnestly advises, suggesting that a dozen scattered settlers should be selected, who would not feel a common interest in resistance. He mentions as a cause of delay in adjusting claims that "half the lands are claimed under the state by contending claimants, in some places three or four deep." Closes by saying he doubts propriety of exasperating measures before the Commissioners have completed their work. But ere long it appears that the Com- missioners themselves were subjected to "exasperating measures" on the part of Andrew Ellicott, the new secretary of the land office, or Board of Property, for which he acted; patents being refused to the Connecticut claimants, on account of some petty technicality. Cooper wrote a long and indignant protest,29 mentioning that "this will be most grateful news to the half share men
who begin to revive, to sneer at our proceedings &c. * * You know not the extent of the mischief you are planning, your conduct may hurt the state," and much more of same sort. Several months later, the matter still being unsettled, Cooper made another protest, in which he said:
"The half share men sneer at the Compromisers, and say 'we told you at first that you would never get a title.'"
Cooper was surely justly indignant.
Seeing no other way to rid themselves of Col. Franklin, the Legis- lature decided in 1804 to once more divide the county. Accordingly, in a session when Franklin was present, the Act was brought forward, setting off a small part of Luzerne (now Bradford) to Lycoming County. In ignorance of Franklin's exact location, they at first ar- ranged the division so that his home was still included in Luzerne. Whereupon the bold man rose in his seat, and announced that such was the case, to the chagrin of his enemies. However, it was finally adjusted as desired. This caused great indignation at Tioga Point
29 See p. 506, Vol. XVIII, Pa. Archives, second series.
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OLD TIOGA POINT AND EARLY ATHENS
and vicinity, which can best be told by a letter from the heart of the half-share country, on Sugar Creek, which is as remarkable in spelling as in spirit. The legislators, however, deceived themselves in think- ing Franklin's constituents were in lower Luzerne; for at the next election the old story was repeated, Colonel Franklin was chosen a representative from Lycoming, and once more took his seat at Lan- caster.
He was, therefore, in the Legislature almost continually for ten years ; first in 1795-1796, then from 1799-1803. In 1801 he received every vote in the Tioga district. In 1802 every vote but three in the three upper districts; in 1803 every vote but ten. In the session of 1802-1803 an attempt was made to expel him on account of his in- dictment under the Intrusion Law; when, curiously enough, for polit- ical reasons, the landholders took his part and saved the day. It is said his election from Lycoming was his last triumph; that henceforth his ardor cooled, and he craved no further honors. But of course, he saw the waning of his beloved Connecticut claim.
To have the county seat on the West Branch was very trying for the people in this locality. The sentiments of the half-share men are well told in the following amusing letter, already alluded to :
"Burlington, June 25th 1804 .- Col. Jinkins-Dear Sir: I must appolegis for not Answering Your Letter from Lancaster Sooner then I have but it wass not for the want of Friendship, but I had nothing wothey of Troubling you with. but now comes news we are Set of to another County without any authorety nearer then the West Branch, the experiment I think will not prove advantage- ous to the land jobers as they intended. there is a perfect union with the people & Settlers here though without Law except the dictates of Consceance which In so good a Cause is Sufficeant to keep peace and order. I have been lookin and expectin Som project from the Land jobers but have heard nor seen of none excepet a Surveying party that came from the West Branch they was out in the woods a week before any one in this Settlement new of it there was three partys, sent in quest of them but they had left their work and gone off. Before this reaches you I expect to hear of Somthing that will make a Nois. Mr. Gillet has been over (is now on his way home) with the inteligeance that Henery Donal Esq'r Came Last Tuesday Debetised as a Dist. Marshal with a Writ to Disposes Dorman Bloss, who is on a farm of Gillets at the Camp. Bloss with som help that Gillet got to assest, Capturd them they had a good deal of hard work. I expect the matter will become Serious for Donal has Come with a Commission as justice of the piece as agent for the Land jobers with a Determination to Survey Disposes Sel & turn the world upsidedown. In this way I think his Rase will be short as to Such Business. While I wright this I expect Som thing will be in Operation that will witness to him that though Yankees are wilde they will not thus be taimed. The Minds of the people are much agetated at the proceading of the Legislative land jobers, but are firm in the good old cause and are better united than they have been Since I have ben in the Country & are determined that Agents, Surveyors, & Such Im- esaryes Shal not infest our peaceful abodes. there has ben two Meetings of the Settlers on the Creek which was to try the minds of the people which they Manefested to be firm & Stedfast. And determined to share an equal fate. The Result of som things now in agitation I shal be likely to know and if it wil aford you any Satisfaction I will enform you by the earliest Opertunety. & as this season bids fare to be a trying one, your Councel will be of great wait with us espetialy with myself; for there is som little confidence placed in me by this Settlement they often make enquirery of me about our Affaires I am many times hurt that I Cant give them more Satisfaction then I do.
421
ANNALS OF THE SETTLEMENT
"I fear I have already tryed your paitence with my unconnected Scrible and mus beg leave to Subscribe myself with Sentiments of high Esteem. Your Friend and Humble Serv't, NATHA'L ALLEN.
"I expect that even a hint is unnessary as to secrecy of som things herein stated."
Nathaniel Allen was an original proprietor of Burlington; origin and later history unknown to writer.
And how goes on the settlement meanwhile?
The most important village happening of this period was the building of Dr. Hopkins' house, the most pretentious in the village. It stood on the lot north of present stone church, surrounded by many acres, for there was no Hopkins Street then. The Doctor was pros- perous ; his "hotle" having probably helped him to make money. The large house torn down but a few years since was only the main body ; on each end were large wings, which were later detached, moved and converted into separate houses. There was a wondrous bow window in the front of the upper hall, very elaborate in detail, and an unusual "painted front;" paint was not often used. Altogether, the Paine house was quite dwarfed by its new neighbor.
New comers were shy of appearance from 1801 to 1805, but there was great admiration of the country, and some thought of new settlers, as shown by two amusing letters of Dr. Joseph Speed, of Virginia, addressed to George Welles in 1802 and 1805. In the first he had just visited Tioga Point, was loud in his praises, and proposed to move "spring after next," and had got several of his friends in the humor of going. In the latter he and his company were about to start, and numerous questions were put. He wrote :
"I am afraid we have concluded to bring an imprudent number of negroes to your parts. I should still be fond of your opinion on the subject."
He then anxiously inquires the price of various provisions, the possibility of obtaining furniture, feathers, etc., "in your very fine part of the globe;" intimates that he may bring a large company with him, and that permanent location may be at head of Owego Creek, over the line.
According to David Paine, Vincent Mathews, later a lawyer of Elmira, had residence in Tioga Point in 1802. John Reddington, blacksmith, apparently lived on the lot now occupied by M. P. Murray ; if so, he was the only resident on that property before 1885.
The earliest town meeting of which record is preserved was in March, 1805, and was called "a meeting of the inhabitants of the township of Tioga, for purpose of choosing town officers ;" Dr. Amos Prentice and George Welles chosen judges of election, Clement Paine clerk. Constables, Overseers of the Poor, Fence Viewers, and Super- visors were chosen, two of each; and it was voted "that all rams shall be rescued from running at large, and that any so found shall be forfeited to the person taking up the same." Another account is preserved of a town meeting held "at the house of Stephen Tuttle, Jr., in the township of Tioga (alias Athens), on March 18th, 1808," John Franklin and David Paine in charge. About the same officers were chosen.
422
OLD TIOGA POINT AND EARLY ATHENS
In June, 1807, Henry Welles wrote to Richard Caton concerning a lot desired, which plainly shows that in Pumpelly's survey a street was planned from river to river, as in Lockhart's sketch, just where unfinished Academy building then stood.
"My particular object in writing to you to-day is to ask you for what you would dispose of six rods of land south of Irwin's store, which now is left out in Commons. You talked of laying out a lot there when you was up, but did not, at least our plot does not show any. If it should be agreeable to you to sell it, and at reasonable rate, I will undertake to sell it to a young man who will build a house on it, although there will be some opposition made by the neigh- bors. As it was not considered in the division of the Point, and there will be considerable trouble attending it, perhaps you will not think it improper to allow me one third, but I will leave it to yourself to judge whether it is proper or not. I write this at the desire of Mr. Satterlee, the young man who would bargain for the lot, if reasonable, and will thank you for an answer as soon as con- venient.'
Mr. Caton replied as follows :
"I am hardly enough advised by you of Mr. Satterlee's wishes for a lot on Academy Square, to be able to answer. The front of that square on Union St. is 160 ft. and the front of Academy St. is 60 ft wide fronting the centre of the square; consequently there are 50 ft. on each side. I suppose it is one of these 50 ft lots about which Mr. Satterlee inquires. I consider it as public prop- erty, but how far it may legally be so I do not know, however I am of opinion it might expose us to some trouble. I have virtually given a legal title to the public; it would be inexpedient to authorize Mr. S. to improve there * *
it might expose him to much vexation. I hope he can be otherwise accommodated."
In 1807 the little town had a new excitement, a law suit between a brother and sister. It will be remembered that Matthewson and Satterlee had contiguous lots on the Point farm, also east of the Susquehanna, the latter were 42, 43 and 44 ; location shown in accompanying picture. The
43
UPPER ATHENS, FROM ROUND TOP
two latter were Matthewson's. To avoid so much ferriage, they worked each other's lots; but within a few years that was not found satisfac-
423
MATTHEWSON VS. SATTERLEE
tory, so they talked of "swapping lands." Both owned lands in Palmyra, which were considered in exchange, but no agreement was reached. The general testimony being that in Matthewson's lifetime, while they had made the exchange in work mentioned, M. refused to make any permanent agreement, always saying, when he wanted to build or improve on lots adjoining S., he should have the privilege. Satterlee found Matthewson's lots superior to his own for farming, and tried in vain to obtain them by exchange. Matthewson thought them better than the lots on the Point, and no doubt wished to hold them in case of ejectment by Carroll or Welles. The matter was still unsettled at Matthewson's death in 1805. In 1807 Mrs. Matthewson served on Col. Satterlee a writ to quit possession, and a suit was in- stituted thereupon. In August, 1813, she and Dr. Elias Satterlee, as executors, brought a second suit, and a writ of restitution was awarded.
Whereupon, in November, John F. Satterlee issued a summons in ejectment against Mrs. Matthewson and his father, doubtless by consent of Col. Satterlee. The case was struck from the docket, but the same day the Matthewson executors brought another ; result, writ of re-restitution issued. In 1817 Mrs. Matthhewson tried it again by serving ejectment on the Satterlees, father and son ; judgment rendered for plaintiff ; whereupon the Satterlees carried the case to the Supreme Court, and in September, 1821, judgment was reversed, and restitution of land and money ordered. Thus, after fourteen years' litigation, the Matthewsons were defeated, the eminent Judge Huston making the final decision.
This was a strange case, the parties being alternately moved by their own interests, and again influenced by their relationship. The depositions throughout are a valuable source of historical information. In the commencement Mrs. Matthewson was heard to demand her land over the river, and to tell Mr. Satterlee to take his on the Point ; doubt- less hoping thus to shift her difficulties with Henry Welles onto her brother. Mr. Satterlee was a man of "violent passion," said he would stick to the land till it cost him all he had, saying, "It is my living and I wont give it up." Later he claimed that his sister had sold his lands on the Point, therefore she could not claim hers over the river. Other witnesses testified that when he asked-in connection with Mr. Car- roll's suit-"do you defend my land with yours?" she replied "no brother, I have enough," bursting into tears. Another witness testified to asking Mr. Satterlee if it was not a hard case to be lawing with a sister. " Tears fell from his eyes, but said he, the land I must keep, if I give it up I am ruined." He further said he knew the land be- longed to the Matthewson heirs and was willing to make restitution, meaning to give them property in New York State. In this suit both parties made use of the complicated titles to assist themselves. This was not Col. Satterlee's first trial over title. Joseph Kinney testifies that in 1789, when the confirming law was in operation,
"Wm. Miller, the early trader, brot a claim against both Satterlee and Matthewson, covering lots 42, 43 & 44. Miller's claim was possession in exclusion and opposition to Connt. title. Matthewson made similar claim. Esq'r Carpenter
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OLD TIOGA POINT AND EARLY ATHENS
came from Kingston to hold trial, referred to arbitrators, of whom I was one. An award was made, Satterlee and Matthewson being in possession, and both Miller and Hurlburt setting up prior claims. Hurlburt's deed described his as 'extending to the creek opposite Sullivan's fort and back to the hills.'"
After some operation of the confirming and compensation laws, it became well understood that there were conflicting claims prior to those of Connecticut ; and many clever devices were resorted to by the Yankees. Ignoring the Connecticut Claim, strong as was their pretended faith in it, they applied for the Pennsylvania title, claiming right of possession. It will be remembered that Thomas Overton came to Tioga as agent for Joseph Wharton, who had purchased lands east of the river "from Mashawpen Creek to vicinity of Tioga." The Satterlees now conceived the bright idea of purchasing this Pennsyl- vania title, and applied to Thomas Overton, who later deposes as follows :
"The deed from Joseph Wharton was first made out to Col. (Elisha) Sat- terlee. When it came he swore * * * he had never taken a deed from Pennsyl- vania, and never would. But said he had made an agreement with his son to take the deed, and it might be given to him (J. Franklin Satterlee). Therefore the name 'Elisha' was erased, and 'John F.' substituted; this was done before a notary."
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