A history of old Tioga Point and early Athens, Pennsylvania, Part 64

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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Richard Caton had not come north, but he had sent in a strong remonstrance against any act affecting his title. Henry Welles' docu- ments were also in evidence; and when the bill was again presented by the chairman of the committee, it was only discussed and postponed ; a committee was appointed to bring it in for a second reading, when it was again postponed. A long preamble and substitute was brought in February 28th, said to be "doctored according to the remonstrances ;" it really was in substance the second remonstrance of Welles. It was discussed, as well as the bill, for hours at several sessions of the whole, on one occasion a special evening session being held for the purpose ; at this an amendment was twice proposed to have a trial by jury in Luzerne County, with certificate granted to Mathewson by Supreme Court if fraud was proven. This offer to meet the accusations of fraud on a fair trial was voted against by all the advocates of Mathewson, thus refusing the very remedy which Mathewson had seemed to seek. At this time the Speaker of the House was Sutherland, who espoused Mathewson's cause.

The following day nearly the whole session was given up to a dis- cussion of the bill, clause by clause ; votes were taken again and again to no purpose. Mathewson's demands were now based on the claim that the lots were located in old Ulster, which was justly called "a pretence." This discussion of the bill, amendment of sections, etc., began February 28th, and was continued at intervals until April 2nd, ten days being given to its consideration during that time ; postpone- ment again being decidedly negatived. While the general tenor of the discussion is given in the H. R. journals of this period, there is little record of the heated argument which must have taken place. It is evident that the legislators were awake to many faults of previous acts, and were determined if possible to make this final, since they could no longer lay it over to the next session; a convenient form of evasion. Henry Welles and Constant Mathewson were both present at these sessions, and must have, indeed, been torn with contending emotions. At last, April 2, 1825, the bill had its third reading, and was passed by a majority of six; ayes, 42; nays, 36, and the clerk was ordered to

464

OLD TIOGA POINT AND EARLY ATHENS

present it to the Senate. The bill was entitled, "A supplement to the Act entitled 'An act for the purpose of adjusting the titles to lands in Bedford and Ulster townships,'" etc., and was No. 471. Being re- ported to the Senate it came under consideration near the end of session and a motion was carried once more "to postpone for the present and recommend to the early attention of next Legislature." This seemed discouraging, but Constant Mathewson was now certain that the bill would be acted upon by the Senate at an early date. No. 471 is here- with printed :

"That the Secretary of the Land office, Surveyor General & State Treasurer be, & they are hereby appointed Commissioners under the act to which this is a supplement with full power & authority to carry into full effect the provisions of said Act so far as relates to the titles or claim of Elizabeth Matthewson widow & devisee & also the heirs of the late Elisha Matthewson deceased, Connecticut Claimant within the township of Ulster in the County of Bradford formerly Lycoming & in relation to which the former Commissioners appointed under said Act were prevented from certifying by reason of the provisions of

the Seventh section, of the Act which prevented a Connecticut Claimant from recovering a Certificate when the Pennsylvania claimant was in actual posses- sion or occupancy of the Land either by himself or tenant at the time of the passing of the act to which this is a supplement. Provided always that nothing in this Act contained shall be construed or taken to give the said Elizabeth Matthewson and the heirs or devisees of the said Elisha Matthewson any other right or title than they or either of them had at or before the time that the Penn- sylvania claimant obtained possession.

"Sec. 11. And be it further enacted by the authority aforesaid that the seventh section of the act to which this is applied be and the same is hereby repealed so far as relates to the claims of the heirs & devisees of Elisha Mat- thewson passed April 2, 1825."

[The cause of Henry Welles was now in a critical case, and it be- hooved him to make strenuous preparations for its defense at the ensu- ing session of the Legislature, before an apparently hostile Senate. But his energies were. so weakened by long and incessant attack and defense that he felt his resources to be nearly exhausted, and was in danger of relapsing into a condition of hopeless apathy. He now found, however, a potent ally in the person of his aged mother, upon whom, through all the years of his life, he had lavished a wealth of filial af- fection. His home had been hers through her years of widowhood; and she had seen at close range the whole course of his labors, suc- cesses and defeats. She makes in this connection but one short appear- ance ; but her ministration therein was so characteristic, and withal so very efficient, that we may be pardoned for going out of our usual course to repeat the anecdote, as related by her son Charles. He had been visiting Athens (which he never ceased to call Tioga Point) on business ; and having accomplished all, and being about to remount his horse at the door of the "old Stone House" for his home journey, his movements were suddenly arrested by the appearance of his mother, Prudence,8 in the door, ready to issue her maternal commands in the

8 [Prudence Talcott Welles was born at Glastonbury, Conn., in 1757, the daughter of Elizur Talcott, colonel of the 6th Connecticut line in the Revolutionary War; and through him descended in the fourth degree from "Worshipful Mr. John Talcott" (d. 1660), one of the patentees in the royal charter of Connecticut; and in the sixth degree from John Talcott of Colchester, Eng. (d. 1606), whose wife was a Wells. In the 5th degree she was also descended from William Pynchon (d. 1662), the founder of Springfield, Mass., and one of the six patentees of the charter of Massachusetts Bay; in the 8th, from William Pinchon of

465

THE WELLES MOTHER

premises : "Charles you must do something to help your brother Henry." "Why, I cannot, mother ; what can I do?" Down came the "Talcott foot" with quick and decisive energy upon the threshold, followed by the word of command, "You must!" He had heard that ultima- tum before, and knew what it meant ; and it did not take him long to promise obedi- ence, and decide upon his course. Having put his affairs in shape at his home in Wyalusing, he returned to Athens and began inves- tigations. Then he devo- ted many weeks, with the aid of persons, papers, doc- uments and law books, to PRUDENCE WELLES the preparation of a labored and exhaustive defense of his brother's conduct and title.] The docu- ments and letters, with many of his minute notes and memoranda, are still in existence. These show in connection with his brother's letters, and many of his own (all preserved by the forethought of Edward Herrick, Jr.), that he soon became actively interested and was getting his "eagle's quill" in good trim. Not content with preparing the defense, the Welles brothers threw themselves into the political campaign of that year with ardor. Lemuel Streator had been Mathewson's ad- herent, and was to be returned to the Legislature. The Settler of this

Co. Essex, England (d. 1552), through his son John, whose wife was Jane, daughter of Sir Richard Empson, one of the ministers of King Henry VII, who lost his life upon the block Aug. 7, 1510. Empson and his colleague Edmund Dudley had incurred great popular odium as the instruments of the gross extortions of their royal master; and upon the ascension of his young son, Henry VIII, they were arrested and tried upon a trumped-up charge of treason, and finally executed, to appease the popular clamor, by the young king, who was then in the full enjoyment of the fat treasury which had been filled by those exactions. Sir Richard set up an able defence, arguing that in obeying the behests of his master he had acted merely in the execution of the laws. Hume, in his History of England, Vol. III, says: "The strict execution of laws, however obsolete, could never be imputed to them as a crime in a court of judicature. In order, therefore, to gratify the people with the punishment of these obsequious ministers, crimes very improbable, or indeed absolutely impossible, were charged upon them. * * * Thus, in those arbitrary times, was justice equally violated, whether the king sought power and riches, or courted popularity." * * * The story of William Pynchon of Springfield, and his daughter Mary, and of her husband, Elizur Holyoke, is romantically set forth in "The Bay Path," by J. G. Holland. Prudence Talcott, gt. gt. gt. granddaughter of William Pynchon, was married to George Welles at Glastonbury, Conn., in 1780, and died at Owego, Nov. 10, 1839. Known and remembered for many years as a lady of rare charm and lovely Christian character, as well as of mnuch personal beauty, it may not be thought un- fitting to apply to the worthy descendant in the fifth generation, the sentiment graven now for two-and-a-half centuries upon the tombstone of the ancestress, Mary Pynchon Holyoke, in the old Puritan churchyard of the New England town founded by her father:

SHEE YT LIES HERE WAS WHILE SHE STOODE A VERY GLORY OF WOMANHOODE; EVEN HERE WAS SOWNE MOST PRETIOUS DVST WHICH SURELY SHALL RISE WITH THE JVST. ]

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OLD TIOGA POINT AND EARLY ATHENS

period teemed with articles from all parties, McKean and the Sheshe- quinites again taking up the cudgels. C. F. Welles was accused of put- ting Joseph C. Powell up as a nominee, "by whom he could and would break down the party." The editor of the Settler asserted that "at the next session either Welles or Mathewson must be deprived of his claims to the amount perhaps of thousands of dollars ;" and appeals to the people to know if they will abandon their principles and the best interests of the county, "because Mr. Welles wishes to get one of his submissive creatures in the legislature for the sole purpose of sub- serving his private interest, and to deprive the Mathewson family of what may be their equitable rights." While we do not understand all the allusions, Judge Hollenback seems to have taken a hand in pre- paring what was called the Hollenback ticket; with Horace Williston, Sr. (who was named in this campaign "Old Sorrel"), nominated for the Senate. It was said that "Old Sorrel" would be able to carry Jos- eph C. Powell in slick, and it was related of him that he was so extreme in his views that he intended to teach his children to hate and despise the name of Jefferson. Mr. Williston was urged to avow his real prin- ciples in the Settler, but unfortunately our file is incomplete here. How- ever, Williston and Powell were not elected, McKean once more tri- umphed as a political leader.

General Welles then published a notice in the Bradford Settler of October 27, 1825, stating that a full account was being prepared to convince both friends and enemies that he had been actuated by the purest motives, and would support his claims and vindicate his conduct on principles of justice. This inflamed the Mathewsons, and the Set- tler of December 1st contained a most vituperative answer, signed Con- stant Mathewson, which, after mentioning the attack upon his defence- less mother and her children, closes. thus :

"I will conclude this crude introduction to a correspondence with you Gen- eral Welles by asking whether you believe the public mind so full of vice in the Commonwealth as to justify a hale, hearty, sprightly man in the prime of life, blessed with the first means of education, and whose transcendent talents might vic with a Burr in retrieving a lost fortune by grasping the homestead of a soldier of the Revolution at a moment (in a comparative view:) when he drew his last breath, and sighed an everlasting adieu to his wife and children? If this is patriotism you stand exalted on a popular eminence above the reach of competition. But believing as I do that if I possessed your talent and education and your opportunity in life, and had treated a concern with any neighbor's family as you have treated my deceased Father's family, I should sink too deep in self-condemnation to hope or expect manly contempt to follow me. With these remarks I submit the subject to the public."

Of course, in the light of chapters already read, this is not so fair at it may seem ; but as there are no Mathewson papers in existence, it is printed as exhibiting their views. C. F. Welles thought this was Mc- Kean's writing, saying that he recognized "his weak, spiteful style in every line," and writing to his brother, "Never mind the newspaper stuff, nor anything else but to prepare and be prepared, and hold a fearless and superior hand when at Harrisburg." He was now rapidly collecting and arranging material for the defense; and reports that he finds the way clear and strong as he proceeds, but admits that "it is a vast deal of labor to carry a clear line through all without omitting any :"

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PREPARATION OF THE DEFENSE

a sentiment with which we thoroughly sympathise. However, he rejoices in the fancy that with proper evidence he "will gently spread out J- K- on the gridiron," intimating that as a witness he had sworn falsely ; also proposing to turn certain evidence into "a battery against their opponents." He fancies his brother's letters to him are intercepted, as in the early days of the Connecticut controversy. He writes :

"I have made a good beginning to the Remonstrance, I believe I shall succeed and that powerfully and clearly."

Later a letter gives a detailed and most amusing account of the application to the gridiron as proposed. Having made ready his de- fense he repaired to Harrisburg with the opening of the session of 1825- '26 to espouse his brother's cause. Establishing himself in a house with many legislators, he quietly made friends with as many as pos- sible, with a view to securing their interest. Although not introduced, he soon found every member in the house knew him, and noted "a del- icacy in this silent attention superior to words." He wrote :

"I think we have a fair committee * * * my hope and aim is to get a favor- able report ; * there can be no hope of getting at bill to be acted on this session ' * * If I get a favorable report, it will end so undoubtedly."

Since it was too late in the session to expect final action, he con- sidered the advisability of having his "defense" printed for another session, or country use, as he could not properly lay it before the house, when the subject had not come up. The work of the committee was delayed by illness of one member, although C. F. Welles was on the alert to attend if Mathewson called a preliminary meeting, hoping to acquire a few more points, or as he expressed it, "to draw out all the grounds and pump him a little." Having studied law in earlier years, he was awake to the possibilities of cross-questioning. He also wrote :

"So far as I can judge, the proceedings of last winter were looked on as party, and your real credit unimpaired by it * * Sutherland's day is over, and you have no able enemy here at this session."

When the committee had its first meeting, as all were not present, no action was taken. The report of the former committee was read and Mr. Welles found it "difficult to get a foothold for the idea that the report was contestable." However, he broke the way as far as de- sirable. For it was his opinion that if he could obtain presentation to the House of a favorable report, it would be debated, in which case there might be a large majority in its favor ; but if an unfavorable re- port, there would be a nearly even balance of votes. One of the com- mittee being ill the other six met again, and finding a tie vote asked to be discharged. This was refused, and they were told to await re- covery of Stephens, or ask for appointment of a substitute. Of this meeting C. F. Welles reported :

"Mathewson can lie a little. If I had not known of the case myself I certainly should have believed him, he asserts so positively with such inflections and feeling and good management-he really might have made a Pettifogger if he had not been, as he says, 'deprived of an education by the fraudulent depriva- tion of his property.'"

468

OLD TIOGA POINT AND EARLY ATHENS

The political aspect of the question now came strongly to the front. While Mr. Welles believed the bill of the year before would be reported, rather than a substitute, as he had hoped ; he now (according to his letters) found himself approached by the most prominent men of the Democratic party, who invited him to explain the controversy in detail, even when he tried to avoid discussion of it; and having heard, offered their support with gratifying spontaneity. He therefore re- solved to procure the presence of as many intelligent members as pos- sible when he was given a hearing before the committee, and wrote that he would be able to obtain the assistance of the most powerful men in the House, and was next to certain of the whole thought of Mr. Blythe, "the ablest man of the Democratic party, and clearest speaker in the House." The subject being designedly broached in a public place, Mr. Welles was asked what the question was, to which he cau- tiously replied, "To put it in a nutshell, it is the application of a Con- necticut claimant to have under the compromise system a certificate for lands in possession of a Pennsylvania owner." Encouraged by the ad- vances of these men he now became even more alert, and threw out many well-timed touches, conclusive arguments, delicate hints, etc., even to the members of the committee, until he had attracted to him a strong coterie ; a move which would not have been possible to General Welles as defendant. He, poor man, was now chafing at home, reading be- tween the lines of his brother's brave letters, still discouraged and un- easy at the various delays. But Charles rejoiced in the delay and replied :

"I expect a full and fair hearing, am far better prepared than when I came all new written, greatly strengthened and improved, all declamatory passages stricken out. There will be a good many members present to hear the defense, who will learn the whole grounds and take interest. * * * I have become far better acquainted with all grounds than when at home, have struck off all repe- titions, abated all swells of language, holding a clear and collected line of argu- ment ' * * the defect is that everything is proved in every possible manner when one would be sufficient. But the extraordinary way the case has been treated makes it proper to show that there was no room for two opinions. ' * * I never before lived in the habit of weighing every word and action with the intention of pleasing all."

Nearly three months were spent in Harrisburg, awaiting a hearing before the committee, which was finally given the second week in March. This entire time was spent in quiet effort; although General Welles urged in vain that his brother be more aggressive, Charles con- tended that his course was preferable to "forwardness and impudence," and even Constant Mathewson, who also was busy making friends, became quiescent and possibly troubled. It is a source of regret that there are no Mathewson letters and papers to be found, the only ex- amples being the newspaper articles signed "Constant Mathewson." The Welles' letters abruptly cease here, but it is well known that the defense prepared by C. F. Welles? convinced the committee that the bill in ques-

9 A short time before his death, Charles F. Welles, wishing to print this defense for the use of his children, wrote an explanatory note, which indicates that, in spite of all his careful preparations, the paper was not read until the next session, and then by Henry Welles. It is a great gratification to the writer to consummate his expressed intention and give his work

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This map was made for use of Henry Welles in libel suit against Constant Mathewson. It shows original allot- nient numbers (see list original pro- prietors), also all lots claimed by Mathewson (marked M); also the pur- chases of Henry Welles in and below the town plot. All marked Carroll had been redeemed to Caton in 1816 and we do not understand why Car- roll's name continued to be used in suits, etc. No. 44 is "the little flat " whereon was built Welles' Folly.

J14

469

WELLES-MATHEWSON LIBEL SUIT

tion, if it were to be made a law, could never pass the ordeal of the courts. The matter was laid over again until some alternative could be devised. As what he thought a last resort, Henry Welles instituted a libel suit against Constant Mathewson. Here again the records are all too meagre, our only evidence being the various depositions among Henry Welles' papers on "No. 98 In the Common Pleas of Dauphin County ;" the annexed notice served on Constant Mathewson, and the letter which shows how the case was to be tried.10

The cause of action was the assertion of Constant Mathewson that Henry Welles had received his deed to the lots by coercion ; that his mother was deceived into non-appearance at suit of ejection ; and some similar statements. The depositions are of great interest, and show that General Welles was always mild and kind in his treatment of a difficult opponent, and that he was properly put in possession. The most noticeable witness was Thomas Overton, saying that he had never heard Constant Mathewson or his mother complain of fraud, until it was made a party issue and carried into the Legislature. Alfred Granger's deposition was the most startling, which, however, we are pledged to omit. Zephon Flower's was as follows, and after being

to his descendants. (See Appendix A.) It has never before been printed, but has been read by several lawyers and historians; and has been said to be "the broadest, clearest, most com- prehensive and conclusive of all the papers of the period,-one word characterizes it, masterly."

10 In the Common Pleas of Dauphin County Pennsylvania, of April Term 1826, No. 98: Henry Welles vs. Constant Mathewson:

To the above named Defendant:

Take notice that a Rule for Arbitration of the above cause to be tried during the period of the ensuing session of the Legislature will be taken out by the Plaintiff and that upon said Arbitration it will be incumbent on you to prove the several matters which you have heretofore alleged against the Plaintiff to his damage before various Members of Assembly and others at Harrisburg; consequently that immediate steps for the preparation of your testimony are necessary.

Athens, 4th November 1826. HENRY WELLES, Plaintiff.

(S. Douglas to C. F. Welles, Nov. 3d 1826)

(Harrisburg) "You intimate an expectation of the Declaration against Mathew- son to have been filed before this; but the understanding of both Mr. Elder and myself is different from yours on this point: our decided impression is that no Declaration was to be drawn and filed until we should have all the Depositions taken and filed; thus to ascertain how it should be framed so as to be supported by proof. And at all events we expected the depositions under your rule would have been taken long before this time and forwarded to us. You may remember that we told you to send the depositions as soon as taken, that we might file them of record." *

"If you can procure me another Bradford Gazette of the 28th September last, and for- ward it by mail you will oblige me. I am well aware of the importance of the suit, and the maneuvreing of the defendants, to pervert its merits, its meaning and its truth; and that they will be persevered in this winter. So far as in our power to counteract so shameful a course, and present it in a true and honorable manner, you may rely that we will do it; and we shall, I hope satisfy you by our assiduity and attention to it."

The court records show only the following extract from Appearance Docket for 1826, Court of Common Pleas, Dauphin County:

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A history of old Tioga Point and early Athens, Pennsylvania, Part 64

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