A history of old Tioga Point and early Athens, Pennsylvania, Part 59

Author: Murray, Louise Welles, 1854-1931. 4n
Publication date: 1908
Publisher: Athens, Penna. [i.e., Pa.] : [s.n.]
Number of Pages: 726

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The deed was given by Caleb Foulke, assignee of Jos. Wharton, J. F. Satterlee giving bonds and mortgage. This deed was given in 1812, covering lots 42, 43 and 44; and thereafter Col. Satterlee posed as the tenant of his own son ; first, however, having his son bring an ejectment suit against him, which was thrown out of court. But Mrs. Matthewson proved more clever. Early in the following year (1813) she applied for, and obtained the State patent to the lands. In the final suit, Satterlee's deed from Foulke was thrown out by reason of the erasures, and the Matthewson heirs held the land (now known as Wheaton property) until sold by them in 1836. While this suit was not settled until 1821, it has here been carried to the end to make the whole matter clear to those interested. Records may be found in 1807, 1813 and 1820, the last being No. 60 of December term Special Court. The most definite knowledge concerning dates of early settle- ment, survey and allotment of Athens and like matters has been ob- tained from the depositions of witnesses in this final suit, a full copy being in the possession of C. H. Satterlee. For further details see Appendix A.

Narrative of Isaac Morley, 3rd.

In 1807 the first of the Morley30 family came to Tioga Point, where they have ever since continued actively concerned in all the

30 The Morleys were originally from England. Isaac (son of Isaac, son of Thomas) came to Tioga Point from Springfield, Mass. His wife was Beulah Harmon, dau. of Gad Harmon of Suffield, and granddaughter of John Hastings, a preacher. They had nine children, the sons were Isaac, 3rd, Gad Harmon and Alvin, who settled on the farm purchased by their father from Joseph Spalding; Jacob and Justin. Isaac 3rd had the homestead, he m. Celestia Spalding and had Isaac 4th, Annie, Abraham, Simon, Nancy, Job, Huldah, Reuben Seth; Celestia m. John Ovenshire, still living, also Job; Alvin built the house still standing at Morley's Crossing. Gad H. lived in the old Joseph Spalding house. This family built about 1823 the first Morley's mill on same spot where their descendants have a mill to-day. Alvin went to Owego to learn a trade and found a wife, dau. of Stephen Parmenter, and had five children: George, Jane, Cornelia, Adaline and Frank S.

Gad H. m. Experience, dau. of John Green, and had seven children: Beulah, John G., Justin, Hester, Harriet, Gad H. Jr., Welthia.

Isaac Morley 3rd d. 1882, aet. 94 years; he was a respected and worthy citizen.

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MORLEY AND MURRAY FAMILIES

interests of the valley. Some inci- dents in connection with their com- ing, and some conditions in the vil- lage can best be told in the words of Isaac Morley, 3rd, taken by W. A. Plummer from the lips of Mr. Morley when he was ninety-three years old, but with a clear mind and retentive memory :

"In 1807 father sold his place in West Springfield (Mass.) and moved to Tioga Point as this place was then called. We were 16 days coming through and got here in October and bought the three lots" [property near Morley's Mill, still in possession of family, purchased from Joseph Spalding].

They occupied a small log house, built for Howard Spalding, until they could build. Isaac con- tinues :

Isaac Morley

"The next spring we raised a barn and so did Mr. John Spalding. He was sheriff. There were several dry goods stores on the Point then, none others nearer than Elmira or Owego. Esquire Saltmarsh was lawyer for the section, and everything was left to him. We crossed the river at Bainbridge when we came out; on the only bridge there was at that time anywhere on the (upper) Susquehanna. I was nineteen years old, and taught school that winter in an old house. * * * I taught the first school in the old log school house at Greene's landing in 1813. Some scholars came from Sheshequin and some from the 'Point.' I was offered the Academy on the Point, but I did not think I was properly qualified * * * teaching district school is not much of a business."

Isaac was evidently considered a teacher above the average, and he showed his industry as he worked at his trade in the summer, but taught every winter until he was married. His account of the famous Morley Mill and some other mills, distilleries, etc., will be given in a later chapter.

"I cleared the stumps off that field (in front of the mill) they were mostly oak. I cut off all the pine, but have trees over two feet through that have grown since. The hills were bald and bare then, owing to hunters' ring fires. The river flats were not all cleared off, and no settlers lived back, except some in Smithfield. Old Wright Loomis owned land from Buck's Creek at Milan to Reddington Creek. He lived a little way from where Watkins' house stands. We used to go there to elections, the only place in this valley for elections. Green's Landing was open to the commons. * * This valley was heavily tim- bered. Mr. Murray31 had two distilleries. We had plenty of hotels along the river."

31 Abner Murray, oldest son of Noah, was one of the most active and energetic business men of the valley. He was a prosperous farmer and inn-keeper, distiller, merchant and lum- berman as well. Dec. 25, 1797, he married Dorothea Harris and had a goodly family of sons and daughters, some of whom remained in the valley. Their son Harris settled near the state line, m. Eleanor Gordon, became as active and prosperous as his father, and built a fine stone house still standing; part of his homestead property is now occupied by his grandson John, son of John. Abner's daughter Eliza m. Simon Spalding and lived and died at Milltown. His daughter Mary Ann had the grandest wedding the country ever knew, and removed to Ohio. There were other children, who made homes elsewhere. After the death of Dorothea, Abner m. Nancy Ely (White) of Owego. They had but one child, Edward A. Murray, who m. Marianne, dau. of Thomas Page, and inherited the homestead, where he lived

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OLD TIOGA POINT AND EARLY ATHENS

About this time (1807 or 1809) Ab- ner Murray built a commodious house for public as well as family use. The

frame is still stand- ing, though it has been so altered that few of its early ac- quaintances would recognize in the present house the one of long ago. It was called the best built house in Brad- ford County when completed. The pic- ture does not show the elaborate hand work in cornice, doors, etc .; nor the eight great fireplaces with hand-carved mantels; nor the winding stairs leading to the second story, which could be quickly converted into a great ball room, with two roomy fireplaces in the center. For the wooden partitions were all swinging ones, hinged at the top, and capable of being hooked up to the ceiling, leaving a fine dancing floor. While all around the outer walls were hinged seats against the wainscoting, and the room was lighted by quaint wall candlesticks, one of which has come down to present days, as has the old sign that once hung between the tall posts of the gateway, and, creaking to and fro, proclaimed to every passer-by that this was Murray's Inn. For many years it was known as one of the public- private houses, open to travelers and lumbermen. Indeed, it was a MURRAYSINI favorite resort for those who ran the river, for in the great shed and died, which is now owned by his children, Millard P. Murray and Henrietta Murray (Vandike). Abner had much inventive genius and there are many rude but useful household implements preserved of his manufacture. Edward Murray had other children, E. Ely Mur- ray, Charles F. Murray and Anna P. Murray. Noah Murray's daughter Elizabeth m. John McConnel, and their son Murray McConnel, one of the most prominent pioneers of Illinois, was reared in Abner's home on account of his mother's death. Noah Murray, Jr., brother of Abner, lived in Athens until 1831 and was Justice of the Peace many years. He moved to Ohio, where many descendants may be found. His wife was a widow, Mrs. Dutilh of Phila- delphia, who had two daughters, one of whom, Marion, m. Warren K. Jenkins, a well known newspaper man, who had a temporary residence in Athens. A full genealogy of descendants of Noah Murray, Sr., has been compiled by the author.

COOPER'S REJECTION OF ATHENS AND ULSTER 427

at the rear was a huge fireplace and brick oven, so that the lumbermen could stop here and do their own baking, as did the canal men later. Unfortunately, this beautiful old house was remodelled sixty years after its erection, and all its pristine glories annihilated ; a most lamen- table occurrence. Some of the hand-carved mantels have been pre- served and are set in the houses of Abner's descendants. The picture shows the exterior as it was first built, with little suggestion of detail.

The Compensation Law in Operation.

Even with the amendments already noted, the compensation law did not reach all the applicants; and in April, 1807, a further supple- ment was added, hoping to close the whole matter. But alas! for Athens and Ulster, only fifteen townships were included! Great must have been the dissatisfaction when the Connecticut people in these upper towns read the second section, viz. :

"The Commissioner shall not require the Lands within the said 15 Town- ships to have been occupied prior to the decree of Trenton, but the same lands certify to the several applicants; if under the rules & regulations of the Susqu'a Compy. at any time they should otherwise be entitled."

Hope was almost abandoned; and it was evident that at last Col- onel Franklin was giving up the fight. But never did he express a reason ; whether exhausted by his efforts, as age advanced, or whether convinced of the fallibility of the Connecticut Claim. Yet he was willing, as long as life lasted, to gather around him his old friends or the younger generation, and tell the whole story, and fight the battles over again. Indeed, it is supposed to have been Franklin who inspired a youthful poet of Athens to sit up all night in a cold room, and write a poem based on the thrilling tale of the old settler, as follows :

"I have fought for this land, and now ask but a grave;

I have fought for this land and am wronged by its laws; Though old, I remember the wounds of the brave- Though old, I am ready again in the cause."

The cause for which he fought in this instance being that of his country against the British and Indians, but the lines are quite as ap- plicable to the cause of Connecticut.

The coming of Dr. Rose to Tioga Point, late in 1807, has been mentioned. He exerted every effort to advance the interests under his agency. About February 1, 1808, he invited the inhabitants of Ulster, Sheshequin and Athens to meet with him at Dr. Hopkins'. He then proposed to them to make another application to the Legis- lature for an extension of the compromise system to Athens and Ulster ; promising the strong support of the Board of Pennsylvania Landholders. This suggestion was eagerly caught at by many of those concerned; but, as just at this time the Legislature was becoming alarmed over the amount of appropriation necessary to carry out the supplement of 1807, the matter was laid over until the following year. It was a clever bit of policy that Henry Welles was nominated for the Legislature and was elected; the Connecticut settlers voting for him because he was a Pennsylvania owner, and therefore more likely

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OLD TIOGA POINT AND EARLY ATHENS

to have influence in the Legislature. It is worthy of remark that he received an almost unanimous vote, although it was but a short time after the ejectment of the Matthewsons. Henry Welles knew that the proposed bill would be difficult. The subject had become an obnoxious one to the Legislature. "Their departure from the decision of Trenton, as shown in supplement to compromise law, passed in 1807, had been looked upon as a general abandonment of the principle of the decree, subjecting them to severe criticism, and rejoicing the Connecticut in- truders. Added to this, the expense attending enactment very soon became alarming, and March 28, 1808, an act was passed suspending the whole compromise system." In spite of this sentiment Henry Welles was loyal to his constituents, and made every effort possible. Although it has been generally attributed to the Attorney-General, it is evident from recently discovered letters of Henry Welles, as shown in previous chapter, that he actually framed the well-known Bedford and Ulster Act himself, and that, too, under adverse circumstances. For though he appealed to his constituents for instructions, he received no replies, and was obliged to rely on his own judgment, while anticipating cen- sure, because his own interests already involved were in direct oppo- sition to those of most of his constituents. Yet, since they were under the Pennsylvania Claim, he was practically assured of his title by the very terms of the act.

According to his letters, the act as first framed included Athens, also the last grant of Ulster; but during the debate in the House, Athens was struck out and consideration given to the first grant of Ulster only, as stated in Sec. 1, "the township of Ulster as originally surveyed." Mr. Welles' perseverance and exertions having effected the final passage of the Act, the Governor at once appointed commis- sioners to put it into execution. Their journal is in Pennsylvania Archives, from which some extracts are here made. They commenced their business "June 11, 1810, at Ulster," this name being used instead of Athens throughout their minutes, except that they announced "Head- quarters at the house of Dr. Hopkins in the town of Athens." Joseph Kingsbery, the redoubtable, was appointed clerk, William Wilson sur- veyor, with Neal and Daniel McDuffee and Francis Tyler as assistants. Wm. Wilson was reported as a resident of Athens. He may have been Cooper's associate.

Manifestly the first duty of the commissioners was to obtain the original survey ; they report as follows :

"The claimants not being able to procure the old grant of the town of Ulster at this time, by reason of it being heretofore delivered to Thomas Cooper one of the former Commissioners; the present Commissioners proceeded to ascertain the boundary line of said township as originally granted by the Sus- quehannah company on the best information that could be obtained; several of the inhabitants attended and declared &c. [given in depositions] The surveyor by direction of the commissioners proceeded to run the boundary lines accord- ingly. Having fixed the above mentioned bounds, or exterior lines of the old township of Ulster, the commissioners proceeded to give public notice that they were ready to receive applications and evidence of title from the several claim- ants."

1 C

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429

COMMISSIONERS' REPORT ON OLD ULSTER

On completion of their work they reported as follows :

"The Commissioners having this day completed the surveying, classing and valuing all the lands applied for by the Connecticut claimants in the township of Ulster in Lycoming county, which comes within the provisions of the law, deferred Issuing Certificates to the settlers in consequence of their not having procured the original grant. The Committee on the part of the claimants having failed in their endeavours to procure original grant, the Commissioners in con- sequence thereof agreed to take the next best evidence the nature of the case would admit of (viz) : The testimony of the oldest and most respectable char- acters living nigh the place, possessing a correct knowledge of the facts."

The following depositions go to establish fully and satisfactorily those facts:

"Obadiah Gore, of Sheshequin, on oath said: I was one of the committee of grants for granting land under the Connecticut Susquehanna Company. That about the year 1774 or 5 Asahel Buck applied for and obtained a grant of a township called Ulster, and according to the best of my recollections it was bounded as follows, viz: Beginning on the west side of the Susquehanna river two miles below the junction of the Tioga with the main branch, and extending west five miles, thence north five miles, thence east five miles to the main river, thence down the river to the place of beginning; the above mentioned grant was in the hands of Thomas Cooper, Esq., when a Commissioner, carrying into effect the compromising law ; he had it at my house. Further saith not.

'OBADIAH GORE.

"attested before Joseph Kinney Justice of the peace."

It may be observed that Obadiah Gore, living on the east side of the river, could have no object in misrepresentation. Indeed, he was in opposition to the Connecticut people, having obtained the Penn- sylvania title.

"Lycoming County ss. Personally appeared Lockwood Smith, who on oath declared that the boundaries of Old Ulster (as it is called) were in the original . grant thereof as is described in the depositions signed and sworn to by Obadiah Gore Esq.

LOCKWOOD SMITH

"Sworn and subscribed before me, witness my hand and seal "JOSEPH KINNEY Justice Peace"

"Aug. 6th 1810

"These certify that the township of Ulster (commonly called old Ulster) as granted by the committee to Asahel Buck and others, in the year 1775, was bounded east on the Susquehanna river, and to my best recollection and belief extended two miles south and three miles north of the Junction of the Tioga river with the Susquehanna, including Tioga point and extending west from the Susquehanna five miles.

"That the grant of said township was lodged with me as clerk of the Susqu'a Co. about the year 1785 or 6, after a new grant had been issued; that it was in my care until the Commissioners appointed under the compromising law were ascertaining the claims of the settlers in the township of Claverack, when Thomas Cooper Esq. called on me for the grant by a written request from Obadiah Gore Esq'r, as it was then contemplated to have the township of Ulster embraced under the compromising law. That I delivered the said old grant to the said Thomas Cooper Esq'r, and it has not been since returned, and the said grant has never been recorded in any of the books in my care or in any other to my knowledge. Certified at Athens August 6th 1810. JOHN FRANKLIN."

Attested by John Saltmarsh.

"The foregoing depositions of Obadiah Gore, Col. John Franklin and Lock- wood Smith going fully to establish the bounds of old Ulster to the satisfaction of the Commissioners, they proceeded on the Eleventh day of Aug. A. D. 1810

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OLD TIOGA POINT AND EARLY ATHENS

to issue certificates32 to all the claimants who had established their titles." Wonder of wonders, the first application was made by Elisha Satterlee for lot No. 17 third division, just south of Snell's location.

This property has not generally been assigned to Satterlee; it seems to be a part of present State lot. The minutes prove that the fiery Colonel did after all apply for a Pennsylvania title, not only for said lot, but for two others ; one of which was found in possession of a Pennsylvania claimant. Lockwood Smith's claim, as an old proprie- tor, was fully established for lots 4 and 5 in old Ulster; as also those of his neighbors, William Curry and Daniel Minier, who derived their title from the Buck heirs, original proprietors. This grant of Ulster being acknowledged to cover Tioga Point, applications were made, re- gardless of the occupation by Pennsylvania claimants ; the stand being taken that the Connecticut people were "actual settlers" before the confirming law, and the Pennsylvania people were not. However, when Betsy Matthewson made application for all the lands orig- inally claimed by her husband, Henry Welles entered a protest and was granted a hearing as a Pennsylvania claimant in possession.

The lines were drawn pretty fine; and there was much sharp practice tried on the commissioners. Elisha Satterlee applied for the lots on the Point which had been in Matthewson's use; but they were left to the possession of Henry Welles. Mrs. Matthewson and Henry Welles being given a hearing before the commissioners, Mrs. Matthew- son admitted that Charles Carroll was the owner of the land in ques- tion under a Pennsylvania title, and it was decided that, according to a section of the law, this case could not come under the cognizance or powers delegated to the commissioners. By this decision Welles scored a victory, and Mrs. Matthewson's high hopes were once more downed. It was ever after claimed that Henry Welles introduced that 5th section for his own benefit, and it must be acknowledged that his letters indicate that such may have been the case.33

The application of Erastus Loomis for the property held by his father on Queen Esther's flats since 1792 showed not only that Wright Loomis had purchased the Pennsylvania title of George Lattimer, a lottery warrant of 1785 ; but that Uriah Stephens and Solomon Bennet were in possession of this land prior to 1785; lived on the premises six years, and sold their right to Samuel Swift, and he to Loomis. This warrant is of assistance as proving the location of Queen Esther's Town. Abel Yarrington claimed this same land, or a part of it, as a half-share proprietor in 1787.

These particular cases bear directly on certain points of our his- tory. The whole journal, however, is of great value to various families whose ancestors at this time settled their titles by proving their deriva- tion. One other much disputed claim is here given. Jacob Snell's possessory right was covered by Oliver Bigelow's claim under Sus- quehanna grant of Athens. Bigelow sold the same to Noah Murray.

32 Patents were granted on these certificates without dispute, and many are still pre- served. Isaac Morley relates that he went on foot to Harrisburg and Philadelphia and ob- tained the patents for himself and many of his neighbors, the cost being about $14 apiece.

33 This section provided that no certificate should be issued for lands where a Pennsyl- vunia claimant was in actual possession or occupancy.

431

SETTLEMENT OF CONNECTICUT CLAIMS

Jacob Snell having died without making good his Pennsylvania title, as had been his intention, his widow, "out of the personal property of said Jacob," for the benefit of the heirs, purchased lot No. 18, and also a fourth division "lot north and adjoining," of Noah Murray, February 19, 1793. Upon her marriage with Joseph Spalding she released her right of dower to one son, on promised payment of £21 per annum, and from the two other sons she took a certain number of acres in full satisfaction. In 1809 David Paine laid claim to some of this property, having purchased lottery warrant No. 40 at tax sale ; wherein David showed pretty sharp practice. No doubt the. Snells were frightened. The widow, now Mrs. Spalding, sold her share to David Paine for $200; and John Snell his share for $200. Two days later Paine resold to John for $100. On the deed is written by Paine, "assigned back;" altogether a curious complication.

Eventually, what was left of the original Snell property passed into possession of John Spalding, partially by purchase, and partially by means of a State patent taken out by him in virtue of another early warrant; further instance of the overlapping Pennsylvania claims. The work of the commissioners in granting certificates to settlers in Ulster was completed July 6, 1810. These certificates were every one granted under "Old Ulster," the grant of 1775; and the location of lots patented on these certificates is entirely west of the Susquehanna. No certificate was called in question, and thus was forever settled the Connecticut claims, with one exception, the Matthewson's. The third grant of Ulster was divided in December, 1819, and its original name, Sheshequin, given to the town east of the river.

Condition of Trade-Various Merchants and Shops of Old Tioga Point.

At the opening of the century the condition of trade, which had suffered from the smart French shops at Asylum (1794-1796), was somewhat improved, and the Point became and continued the trade center of a large region, extending into New York State. The Welles and Caton store carried a different class of goods from Hollenback's; its reign was brief and brilliant, and its account books, still preserved, give as faithful a list of settlers as a tax list, also an estimate of finan- cial standing. George Welles was a minute accountant, and his re- ceipt book is not only an autograph album, but accounts for every dime paid. Wages were 50 cents a day, or $10 a month. The re- sources of the country were peltries, corn, whisky, wheat, lumber and cattle. Corn was 50 cents per bushel; wheat rose and fell, $1 being highest price. Henry Welles' account book from 1804 to 1812 shows that at the first date he purchased his father's business outright. Other account books show mercantile trade until his death, and his sense of wit in his recorded characteristics of his customers.34 Daniel Moore,

34 (Extracts from Account Books of Henry Welles, from 1804 to 1833) : 1804 Jan. 1. "Purchased of Father 275 acres in Twp. 10, Tioga County:

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A history of old Tioga Point and early Athens, Pennsylvania, Part 59

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