USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 61
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"Dear Sir, I have omitted writing to you until this late day that I might be able to inform you of the progress of the Commissioners, who adjust the titles, under the Act for the purpose. They have got through and all the lands we ex- pected are certified, except a strip on the north end of the Lockhart purchase. Contrary to the expectations of all the N. Line of the Township of Old Ulster only run to the big hill, (Mile Hill) as it is called. The laws passed at the last session of our Assembly are now printed and published, so that it is now un- necessary for me to transmit a copy, even if I had one; and indeed, I have none that is fully intelligible. As you want to consult a Pa. Lawyer on the subject of a recovery from Mr. Lockhart, you can of course desire him to examine the Act, which is now in every one's reach. The people of the towns of Athens and Ulster who have not been embraced in the present Act will petition for its ex- tension over them, and I think it much easier to succeed than it was to get the first object effected. If it should be the case, the rest of your land will be certi- fied. Mrs. M. made an attempt to recover the lands taken from her by the suit, but did not succeed. I should have been glad to have arranged with her to allow her to procure Certificates for the lots, but it was totally impracticable on many accounts. She did not accept the deed which you sent to me for the lot on which she lives, and by the first convenient opportunity, * 'I will return it to you."
Mr. Caton's next move was to employ an agent to go on the ground. It has been impossible to decide whether Edmund Lockwood came to this country as the agent of Carroll or of Caton. The letters suggest that it was only the latter, but Carroll had a large tract west of
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CATON EMPLOYS SPECIAL AGENT
the Tioga, and Mr. Craft says Lockwood came to look after that, and first settled in Smithfield. However that may be, Col. Lockwood was a Connecticut man, coming from Fairfield County ; but his commissions show that he had residence in Pennsylvania from 1797 to 1810. From 1811 he was a resident of Ulster until his death in 1834, and his de- scendants are still living there. He married a daughter of Isaac Cash (an early settler first on the Point at Athens, and later at Ulster), the young widow of Dr. Robert Russell. The following letter not only shows that his coming had been announced, but gives an excellent idea of the condition of the Caton lands :
"Tioga Point 1st, January 1811 .- Richard Caton, Esq .- Dear Sir: I rec'd your letter of 3 Dec. Maj. Lockwood has not reached here. I had hoped to have learnt from you what the prospect of a recovery from Mr. Lockhart's estate is.
"You mentioned in your last letter that the urgency of settling your acc'ts with my father was daily becoming greater. * * It appears to me that an ad- * justment ought to take place before the trial of the case against Mr. Lockhart so that father may assign over his interest, and disinterest himself in all the business relating to Tioga Point, so that if necessary he may appear as a witness in the suit.
"He is willing to give up all in his power, and throw into your hands what- ever you may recover from Lockhart's estate. In doing this he of course is a compleat insolvent in property, beside losing upwards of twelve years living in a country which every man who is competent to judge of its many comparative disadvantages dislikes extremely, and where very few make any money. My father has always felt himself an exile here; for myself I declare that the pur- chase of the 1/3 of the pt. as I made it was no object and if at this moment I had not engaged in it I certainly never should. I could get a much more com- fortable living in many other places. The disadvantages of this place are very great, and not to be overcome. Its crampt confined situation will, it is the gen- eral opinion, hinder the growth. No mechanic or other person has an induce- ment to settle himself in this neck of land where it is so narrow as to afford no room for lots for cultivating grass or wood, while almost any other place has every advantage that we have and those that we have not. What little land there is, is poor, and held quite above what is thought to be its value. Every family wants a cow and some other stock. As things are, and for what I see must be, these must run hungry in the commons, and are always ready to break into the fields and flats and if the cattle cannot break in, the owners help them sometimes, in the night. Our flats are a scene of constant pillage. There we cannot make strong permanent fences owing to the frequent freshets, so we must be forever subject to these troubles. There have been freshets most every month these two years that have done more or less damage. When I think of the encroach- . ments of the river in the different places, I am filled with alarm and uneasiness. It is very doubtful whether it can be stopt and if not it will ruin the flats.
"I am the more induced to speak of the disadvantages of the point, that you may the more correctly value your interest in it. Year after year passes away and no alteration is for the better, and I am quite tired of fencing the thing. By taking pains and assisting new comers very much, I generally lose money and friendship by it.
"I suppose you have by this time got the opinion of Mr. Hopkinson. ] don't see that it will answer any material purpose to give the exact lines of the lots which are certified on the Lockhart purchase. They cannot be made in- telligible without a map, which I cannot procure. The lots are just about of an average value with the whole tract. The quantity as I before stated is about 315 acres. However in order to give all the information in my power I will subjoin a list of the certified lots and will also make out a rough account or estimate of Connecticut purchases and disbursements made on the L. Purchase by G. Welles, and the purchases I have made since, with some remarks relating to the subject.
HENRY WELLES."
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Unfortunately, the promised lists were not preserved with this ัะพัั.
It seems strange that he cannot procure the map made by James Pumpelly for George Welles in 1802.
Very soon after Mr. Lockwood's arrival, Stephen Tuttle, who had started "trading establishments" at Elmira and Painted Post, concluded that Wilkes-Barre was too far away, and that he would prefer to live once more at Tioga Point. Therefore, he made a proposition to Richard Caton to buy his share of the Point "below the forks of the road," evi- dently meaning lower end of Elmira Street. Considerable intrigue was the result. Tuttle proposed to exchange for the land some wild lands in New York State, as Welles had done; indeed, the tracts were con- tiguous. Caton held his lands very high, asking in exchange 1,000 acres more than Tuttle proposed to give ; both were capable of driving a sharp bargain. Mr. Lockwood decided that he would like to purchase the same land, and proceeded to approach Caton unknown to Tuttle or Welles, making what he thought a better offer. As the property was in "eight pieces," Tuttle thought it not so valuable as did Caton. His letters to Charles and Henry Welles, whom he made his mediums with Caton, are very amusing. He is anxious, but not willing to appear too anxious, having other property in view as shown in the following ex- tracts from a letter to Caton, written August 11, 1811, by C. F. Welles, in Tuttle's behalf, Lockwood having purposely neglected to send on the proposition. Mr. Welles thinks Mr. Tuttle's offer of 3,000 acres a fair one, and adds the following discouraging comments :
"The land remaining to you about and below Tioga Village lies in. no less than nine disjointed lots (composing 103 acres), the best of which is threatened with rapid desolation on the river side, and requiring an immediate disbursement of several hundred dollars to defend it, and at last doubtful of safety. Of the other lots a part is an ungrateful gravel. The remainder can be made good, but is naturally unproductive, and until these tracts fall into the hands of a resident proprietor who will cultivate the soil with an owner's care, or render it ac- cessible to purchasers on accommodating terms, the whole will continue un- productive and detrimental to the prosperity of the village.
"The farm, which Mr. Tuttle intends to purchase, if the arrangements with you fail, is situated in Wyoming Valley, contains 300 acres, 60 of which are alluvial, 70 good upland, house, barn, orchard etc., for $4,000. Undoubtedly a better bargain than the Tioga Lots, but as the terms of payment may be less liberal, and deducting a much larger sum from active capital, and as Mr. Tuttle has been long an inhabitant of Tioga and is concerned in two trading establish- ments in this vicinity, he inclines to purchase here at the price offered, provided he can receive favourable intelligence before expiration of the six weeks."
Mr. Tuttle, being somewhat impatient, did not wait for an answer from Charles Welles, but a week later wrote to his brother Henry to intercede with Caton also. He had discovered or fancied that the Paines were negotiating for the same land (which was true), and was anxious to have the matter settled. A month later no answer had yet been received, and the resolution was soon taken to apply to the owner in person. On his return from the "long and tedious journey," he writes another amusing letter to Henry Welles. Mr. Caton held to a high price, stating "the advantages that there was in the place and what a great place it would be at some future period when it should become
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CROSS PURPOSES
the seat of Legislation for some great State that should be formed in the country." Truly amazing that such a man should still be expecting the erection of a new state, when all Connecticut hopes were blighted. However, he made some conciliatory proposals for which, said Tuttle :
"I thanked him kindly and came away sorry, tired, mad ; next cursed my fate and so came on the way rejoicing ; thus ended my long but fruitless journey. But I have not given up Tioga so yet * * N. B. You need not excuse this scrall, but when you are tired reading burn it and gess at what you leave. S- T -. "
Now, Mr. Caton seems to have tied up all his matters at the Point by setting too high a price on lots and giving Mr. Tuttle an option. Whereupon Henry Welles writes the following explanatory letter :
"Dear Sir: Your refusal to sell has been the immediate cause of a family removing to Ohio for which you have the very hearty thanks of the whole neighborhood, and as there is and has been a negotiation by Mr. Tuttle for a purchase of your interest in and about the village, we have been prevented from trying to give the small spot that is necessary to accommodate us about the house, and there is no person who wants to buy who can pay directly for any lot. * * * Pray, Sir, be good enough to write Mr. Lockwood or myself and di- rect us what to do. We wait with impatience for your answer.
"Mr. Lockwood was speaking to me this day about buying or leasing your land on the Point, and observed that he would write you on the subject of his offer for a purchase. You, Sir, are better qualified to judge, than myself, as to his offer of leasing, which is to clear 56 acres and fence that and the other lots completely and to deliver it up at the end of three years. I think it is not far. from what is right and reasonable."
There was still another offer for the Caton interest, made by Mr. John Hollenback of Owego. This anxiety to purchase shows how cer- tain all felt now about titles ; and naturally, in Mr. Caton's mind, prop- erty for which there were four or five applicants increased in value.
Mr. Lockwood's proposition follows intact by reason of its quaint spelling and barter offered:
"Athens, 6 Nov. 1811 .- Mr. Caton-Sir : I have made up my mind that if you and I can agree in the prise for the land on the point, all except the 200 acres (above Big Hill) on the North end of the Lockard tract, I will purches, If Such articles of pay as I Shall State Sutes you-Neat Cattle, Wheat, lumber, Pork & Whisky, to be Delivered at Baltimore. I think I can give you more than Mr. Welles & Tuttle has offered or will offer. The land is under very poor cul- tivation. I have stated to Mr. Welles that I will take the land for three years & put it in good repare. He thinks that would be about rite. I will give you Fore Thousand Dollars in such pay as heretofore stated, Without Interest, 2 years, and he Says that It is a better offer than there has been or Will be maid- for the land. I wish your answer as soon as possible. I shall Wait for it before I Return to Connecticut. If you should agree to my proposal, I should want the Lenth of payment to be Six years, the first Payment in Three years & so on. I wrote some time since and had no answer. Your Abedent Servant,
"EDMUND LOCKWOOD."
Tuttle continued in correspondence and negotiation with Caton, and not long after wrote a long, intricate letter to Henry Welles, full of repetition, etc., closing thus: "This is a dreadful mess of stuff and I think that you may as well burn it, its neither ledgable or clear." He feared that Lockwood and Caton were playing him a Yankee trick. A few months later he again visited Baltimore, but did not even see Mr. Caton, and remarks that "this has been one of the most perplexing d- things that ever I was concerned in, the embargo excepted." The affair
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dragged along another three months when Tuttle writes: "I dont know what to do with Mr. Caton." A little later he writes that everybody seems to have something to do with it; or want the property, and that James Irwin was negotiating for the same. Henry Welles now writes to tell Mr. Caton it is the best sale he can ever expect to make, and that Tuttle seemed determined to go on.
The proposed purchase was to include land near the Welles home, and Henry begs that if Tuttle does not purchase he may be notified before any other sale, saying:
"I would be sorry to be in the hands of Mr. Lockwood. I beg you will spare me that embarassment-I have reason to suppose I should be very op- pressively dealt with."
For some reason now unknown Mr. Caton did not sell to any one, although the negotiations with Tuttle were continued some time, for February 20, 1813, Richard Caton writes to Henry Welles: "The ar- rangement with Mr. Tuttle is not returned because the land offered in exchange has not been examined ; if a favorable representation is given of it, the bargain will be confirmed."
Mr. Tuttle's ambition survived a year or two, as in 1814 it was written :
"Mr. Tuttle has been here and would apparently unmoor his barque with us * * * but complains that the town is held in mortmain, that a stranger cannot get a permanent resting place for the soul of his foot, * * * and talks of the rivalry of a town which might be laid out on Mr. Shepard's land recently pur- chased on which Mr. Harris1 resides, and talked with Mr. Keene on the propriety of investing money in such an enterprise."
About this time the banking system was being introduced; and Henry Welles, who was still in the Legislature, was anxious to have Athens receive some benefit from it, and wrote to David Paine to bring the subject before the business men of the town. The people of this region were greatly interested just then in the development of various turnpikes, especially "the Berwick," by the "Susquehanna and Tioga turnpike company." David's reply of December 13, 1812, indicates that he had interviewed the principal men of Athens, and that they agreed :
"If the matter is becoming general it is best to have a hand in it * * it may help to promote our road, * * that being effected, this place will immediately arise to some eminence among the country villages * * * a Bank of course would help to build us up. * * * I am at a loss however to know how we poor D-Is can make it practicable, but you perhaps can see 'thro' the millstone'-do write me more explicitly on the subject and communicate all the secrets-if you dare * * * in particular your digested ideas of the contemplated system. Grain of all kinds is high price-whisky high and in great demand-the district collector has made his appearance among us and collected the duties on Taverns, Stills, merchandize &c." * * * "We go on the same dull round as usual, no holyday amusements, parties or merry meetings as in the 'olden time.'"
1 Alpheus Harris, who had come as a hunter for the surveyors' party of 1786-7, was a son of Jonathan, already mentioned, and father of N. C. Harris-still a resident of Athens. Alpheus purchased the Connecticut title of several hundred acres close to the state line, in- cluding Spanish Hill. In 1810 Jesse L. Keene, of Philadelphia, arrived upon the scene armed with a Pennsylvania title to the same land. He brought a suit of ejectment against Harris, and of course won, though he seems to have been generous in his treatment. Accord- ing to letters still in existence, Mr. Keene resided in Tioga Point for some years, but finally left on account of ill health. The proposed new town would have had the location of present Waverly, or South Waverly. Alpheus Harris was born at Colchester, Conn., m. first to Jerusha Miller and second to Elizabeth Clapp.
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JUDGE EDWARD HERRICK
Possibly this social dullness was due to the preaching of Dr. Wis- ner, who, in 1812, had roused some interest and established the first church in the community.
In 1813 there had come to Athens a young man who became actively interested in the town interests, and later in the politics. of the county. Edward Herrick, Sr.,2 first came in 1806 to visit his brother Walter, who was engaged in mercantile business at Tioga Point, and later at Owego. Probably it was during this visit that Edward Herrick met Celestia Hopkins, for while he lived in Ohio for the next few years, he returned in 1810 to claim her as his bride. They returned to Ohio, where the brilliant young lawyer had many honorable appointments. But the wife pined for her own people, and in 1813 they braved once more the perils of the wilder- ness journey, returning to Athens in a carriage by a long and rough road,3 with their little son, Castle Hopkins. Their first residence was in the smaller log house on Mat- thias Hollenback's property, sup- posed to be the one built by Secord in 1778 or earlier. Later Mr. Her- rick purchased lot No. 12 (now Er- canbrack property), occupied by Welles & Caton's store. Here he erected a pleasant home, which CELESTIA HOPKINS HERRICK was occupied by himself and his son, and when it burned, another house was built and occupied by Edward Herrick, Jr., his grand- son, until 1881. Mr. Herrick had been admitted to the bar in Ohio in 1808, and immediately began the active practice of law in Brad- ford and adjoining counties. He became at once the warm friend of Henry Welles, of whom later he was a bitter political enemy. His letters to the young member of the Legislature are full of knowledge, and interest in the town and State, with a vein of sarcastic humor, as when commenting on the vote of the members to increase their own salary :
"What could be more wise than to add to the fees of the worthy for their arduous toils for the preservation and liberty of the republic .- Who more worthy than the sons of Confucius! and who better judges of that worth though I doubt the propriety of too much liberty in making such provision, you know money is the rock on which the heterodoxical build their pretensions and right to un- limited control,"
2 Judge Herrick's biography will be found in sketch of early lawyers. The portrait of his wife is crude, but of interest because it was painted by her son Curran, who had artistic ability which was never cultivated.
3 Their driver was a devoted and faithful colored man, Peter Carlisle, who remained in this vicinity, and whose descendants are among us to this day. Peter was long the ferry- man over the Tioga.
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A remark of value now even more than then. He expressed con- siderable anxiety among the people of Athens, as to the better days now hoped for in town and country, mentioning the delayed turnpike as the anchor of future hopes, and urged upon Henry Welles to persuade some of the great capitalists in Harrisburg, Philadelphia, etc., to speculate in turnpike stock; not because he had much personal investment, but "because I feel the pride which all feel for the success of their abiding city." In this letter of March, 1814, he mentions "some little stir in the town." Jeremiah Decker, who now leased the Hollenback store, had purchased the Hopkins house (now part of E. H. Perkins prop- erty ). Rev. William Wisner had purchased the lot now W. H. Minor's, and was erecting a small log house; and Michael Tharp, another Penn- sylvania land agent, lately come to town, was building the house on the river bank, afterwards the home of Judge Herrick for fifty-three years, and still occupied by his heirs. These changes Mr. Herrick notes as "inconsiderable movements in our Considerable Town."
Various events of the preceding years have here been overlooked. For several years, beginning with 1812, a peculiar epidemic swept over the valley, called the "Sheshequin fever," the "cold fever," and the "cold plague." When it came no treatment or medicine availed ; that it was contagious is evinced by the fact that several in one family would sometimes die within a few days or even hours. The first symptoms were chills, or, as described at that time, "an ague which lasted for ten or twelve hours, followed by a peculiar exudation from abdomen or loins, then collapse and death." It was a notable fact that only adults were seized, as it is recorded that no person under fifteen years ever succumbed. The disease generally abated in the summer, and resumed its ravages in the winter. All were in fear, and devoutly gave thanks when it passed them by. The most severe epidemic at Tioga Point seems to have been in 1813, knowledge being obtained only from a let- ter written by one of the Tozer family to her sister in Ohio, Mrs. Hugh Alexander. This tells that their "friends are all well but the fever still rages. Mr. George Welles was buried the 21st of July, also Pam. P. Prentice and many more not of our acquaintance." Another tells that Dr. Hopkins finds himself powerless to combat the disease, a strange one, indeed.
The death of George Welles was a serious blow to his son Henry, who, being the oldest of the family, seemed to feel very keenly the addi- tional responsibility thrown upon him; to which he had added his own, as the previous year he had married Sarah, daughter of John Spalding of Sheshequin. His devotion to his mother and brothers and sisters was most unusual, as evinced in letters full of affection and concern. His responsibilities, however, were shared by his younger brother, Charles Fisher Welles,4 now a promising young man, who in 1812 had been
4 Charles Fisher Welles, second son of George Welles and Prudence Talcott, was born at Glastonbury, Ct., November 5, 1789. The family removed to Tioga Point August, 1799. A few years later Charles returned to Connecticut to attend Bacon Academy, where he received his little advantage of education under Dr. John Adams. "During his boyhood and youth he developed a taste for poetical study and composition, which apparently was not indulged beyond his twentieth year. A natural diffidence prevented Mr. Welles from pursuing the practice of the law, for which he had prepared himself by the usual course of study. The knowledge of legal principles thus acquired was, however, of great service to him in the care of his estates,
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THE BEDFORD AND ULSTER SUPPLEMENT
commissioned by Governor Snyder, Prothonotary, Register and Re- corder and Clerk of the Courts of the new county of Bradford ; offices held for six years, during which he exercised a considerable influence in the politics of the county. It has recently been said :
"The old court records of Bradford Co. are easily used at present, undoubt- edly due to the painstaking and consci- entious labors of the late Charles F. Welles."
The year 1813 was one of con- siderable advance at Tioga Point. Henry Welles presented a petition to the Legislature from the mem- bers of the old Athens Academical Association, and was successful in procuring an appropriation of $2,- 000, further account of which is C. 7. Welles given in a later chapter. He was be- coming a very ambitious member, and was shown considerable attention; being placed upon important committees, and proving quite successful in his various legislative endeavors.
It is a little difficult to understand why Lockhart's title to Tioga Point did not hold good to the exclusion of all Connecticut claimants, except those who were the actual proprietors of old Ulster, and yet all the certificates granted within the confines of the Lockhart warrant, although claimed under old Ulster, were to people whose names have not been found on the list of the first proprietors, but many to those of the second grant, as suggested by Thos. Cooper. After the patents were issued, Richard Caton instructed his lawyer, Mr. Hopkinson of Philadelphia, to bring a suit against the state according to the law ; and in February, 1813, complains to Henry Welles that Hopkinson "has delayed to inform himself of the exact nature of my claim," possibly because he had never received compensation for conducting the eject- ment suit against Mrs. Matthewson in 1808. However, only a month later, March 29, a supplement to the Compromise Act was passed. Not
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