A history of old Tioga Point and early Athens, Pennsylvania, Part 65

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

USA > Pennsylvania > Bradford County > Athens > A history of old Tioga Point and early Athens, Pennsylvania > Part 65

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March 13.

Henry Welles

Douglas. Elder.

VS.

Constant Mathewson

Ayres. S Fisher.

Summons case sur Slander.

May 5, 1826, Rule on the part of the Plaintiff to take depositions exparte, on ten days' notice. (Exit.) October 24, 1826, Rule on the part of the Defendant to take depositions, on ten days' notice. (Exit.)

January 13, 1827, Depositions filed.

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OLD TIOGA POINT AND EARLY ATHENS

cross-questioned by Constant Mathewson, he made the map which shows all the lots claimed by them as marked with M.

"Personally appeared before the Subscriber one of the Justices of the Peace in and for Bradford County, ZEPHON FLOWER, who being duly sworn doth depose and say that he came into what is now designated as Bradford County sometime in the year One thousand and seven hundred and eighty-eight, or thereabouts, and has resided at or near Tioga Point ever since. That he has followed the occupation of surveying for about thirty years and is well ac- quainted with the lands in Bradford County both as it respects the Connecticut and Pennsylvania surveys having had a great deal of practical experience in making Surveys for both Connecticut and Pennsylvania Claimants. That this deponent has recently by actual survey on the ground made a plot or Diagram of the Land on Tioga Point, which is hereunto annexed and signed by this Deponent marked with the letter Z. And this Deponent further saith that the part coloured 'Green' in the said Diagram is as this Deponent believes a correct delineation of the Indian Clearing prior to any settlement being made on the said lands by any White Inhabitants. And this Deponent further saith that the Dwelling House of the Plaintiff, Henry Welles, is situated on Lots No. 30 and 31 as laid down in the said Diagram and the dwelling house and premises of Obadiah Spalding are on Lot No. 1 on the said Diagram. ZEPHON FLOWER."

The political campaign of 1826 was doubtless one of the most spirited ever known on local lines, in Athens Township and Bradford County, as shown by the few copies of the Bradford Settler available. Constant Mathewson was nominated for the Legislature on the Dem- ocratic ticket, for those who managed the Democratic nominations were the old political enemies of Henry Welles, and the controversy con- tinued to affect politics. The opponents again waged a newspaper war, all in the columns of the Settler, in which the report of the last committee was published September 21st. Henry Welles, though out of politics, now found his "private rights intruded on by party men," and every means seems to have been adopted to prejudice the Legis- lature against his private cause and character. Therefore, C. F. Welles concluded to print the substance of his prepared defense in response to the report, and prefaced it in pretty severe language, making this protest : "Is not the cause of Constant Mathewson JUST ENOUGH to stand on its own merits without being marked down as the cause of the Democratic party?" and asked if it would not be decent to post- pone the election of Mathewson until the truth were known, etc., etc .; the whole filling more than two pages of the Settler. Giving so much space was no doubt but a plot on the part of the Democrats; for the editor filled a column with indignant protest, claiming that he was asked to publish the defense in ignorance of "the flourish on the sub- ject of the election," which prefaced it and which he found "totally irrelevant" to the dispute. After disputing much of the testimony he says :

"Mr. Welles' defence would lead one to suppose that a Connecticut Settler was an Outlaw! and only fit for the prisons of the country. Connecticut Settlers! you who were the first planters of the country, what say you to this? Will you oppose the election of Constant Mathewson on such ground? What is it that Mathewson wants of the Legislature? Mathewson only wants the privilege to Try Titles with Gen. Welles in a Court of Justice."

Some correspondent, doubtless Kinney or Mckean, sent a further scathing communication, saying that Henry Welles acted dishonestly

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471

A LEGISLATIVE CAMPAIGN

in the Legislature in framing the now famous seventh section of the Bedford and Ulster Act, and robbed the Matthewson family of 100 acres ; also giving a fiery account of the marshal's visit to dispossess Mrs. Matthewson; "Harry's tears," etc., and concludes in amusing vein :

"But Charley may write until he is as gray as a rat and he will have no more effect than the 'Dry grass whistling through the wind.'"

Some weeks later Constant Mathewson replied at length, as he "could not suffer this wonderful production to pass unnoticed." As we have little from the hand of Mr. Mathewson, this article is printed as an appendix, that all the world may read, with reference to the fore- going text which disproves most of his accusations. But the election recorded the sentiment of the people in a curious fashion. This elec- tion return happens to be the only one known to be preserved, and was found in a collection of McDuffee papers,11 loaned to Tioga Point Museum. The Federal candidate for representative, Thomas Elliott, was elected by a majority of 90 to 35. But Constant Mathewson had thirteen friends who sought to do him honor, and cast their votes for him as Governor, although he was not, of course, a candidate. The old superstition came true, thirteen proved to be an unlucky number, and he was out all around. Both he and Henry Welles once more armed themselves for renewal of the fray.

The letters of C. F. Welles at this period show that he was still actively engaged in helping his brother, whom he advised not to go to Harrisburg unless called there by the courts, as he fancied it pos- sible that Mathewson might not move his project at all. In suggested evidence he made a strong point of the fact, corroborated by Thos. Cooper's evidence, that Elisha Matthewson not only was not one of the proprietors in old Ulster, but was of the so-called hostile party, pro- prietors of Athens, who crowded Ulster out. Having at this time studied the H. R. journals from 1800 to 1810, and discovered their contradictory acts, C. F. Welles exclaims : "Shame on the Legislature of Pennsylvania! Under their laws libels are punished, but the blackest libel is by themselves." According to his brother's note, Henry Welles was at Harrisburg in December, 1826, and read the defense before the committee.

January 1, 1827, Constant Mathewson appeared before the House, withdrew his former petitions which had resulted in Act 471, and pre- sented a new one praying for the relief of the heirs of Elisha Matthew- son. The petition was, as before, referred to a committee of seven members. Three weeks later, apparently summoned, Henry Welles appeared on the scene, and reported that he hoped for a full and im- partial hearing, as the chairman of the committee was Townsend Haines, a lawyer, used to deep research, who expressed himself as determined to examine the matter thoroughly. There seemed to General Welles to be "more caution and coolness as to the affair than formerly," although Mathewson was reported as constantly busy with the mem-

11 Samuel McDuffee was one of the judges of this election and doubtless preserved the paper.

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OLD TIOGA POINT AND EARLY ATHENS

bers. Mr. Welles distributed freely the paper containing his brother's defense (already mentioned), and fancied it produced at least neutral- ity. He says, "I am doing what I can among the members, but it is quite awkward and tardy." Learning Mr. Haines' friendly attitude, Charles Welles wrote him a letter, giving some additional facts in which he not only shows by records that the Mathewson claim is in opposition to the former acts of Legislature, but that the whole pres- ent action, instead of being an affair of the Mathewson family, "is to gratify an ancient grudge of a party man" (unquestionably S. Mc- Kean), and he wrote, "I still fear that no full exculpatory report can ever be obtained while Party exists." While this seems largely true, yet unquestionably Constant Mathewson had in the person of his mother a far more active ally than Henry Welles had found in his. It is not strange that having struggled so long by herself, when a grown son came to the front, Mrs. Mathewson hoped more than ever for success, whether the cause was legal or not.

Upon Henry Welles' arrival the former remonstrances of both Caton and himself were withdrawn; although Caton sent in a new one, Welles relied on his brother's defense. Finding the matter required the most serious attention, the committee obtained leave to sit contin- uously, even during the House sessions. A whole month was given to discussion, during which time both Mathewson and Welles seem to have been continuously before the committee, and so far as reports have been preserved, Welles had the best of it. The defense, which had not only been read, but widely circulated among the members, had had its effect. As the time approached when the committee were to re- port, Mathewson "was in a fever about his case," and his counsel and he asked for adjournment before presenting their final evidence. This plea for adjournment was repeated six times in succession, until the committee announced that they felt themselves trifled with, and de- ferred to Welles, who feeling free from the alarm shown by his oppon- ent, assented to further delay, and wrote to his brother that there was no knowing what phantom Fisher (M.'s counsel) might conjure up, though Welles felt quite sure "F. would blunder, M. put in his oar, and they would confound each other." But there is no known record of that next meeting, and the H. R. journals show that it was some weeks before the committee made their report, and then the same old bill, No. 471, was offered; Mathewson was up again. This was dis- cussed, and after some opposition a motion was carried to lay on the table.12 A later motion was carried asking that the committee

12 Extracts from Journal of the House:

* * * It is however due to Mr. Carroll here to state, that it does not appear, neither is

it alleged, that he either directly or indirectly participated in the transaction. Certain it is, that no such provision is found in any of the previous acts upon the subject, and it had a tendency to work the greatest injustice; because if a Connecticut claimant was dispossessed of liis land, either by force, artifice, fraud or otherwise, by a Pennsylvania claimant, the Con- necticut claimant was absolutely excluded by this section from deriving any benefit from the law, though in equity and good conscience he was, with others, entitled to its provisions. It is not presumed that the Legislature of 1810 were fully acquainted with the unjust conse- quences that would flow from that provision. They could not have been advised that they were excluding from the benefits of the law the solitary family of minor children of a man who had long and faithfully served his country, and in effect take from them the hard earn- ings of their deceased father. * * *

* * * It appears very clear, and in fact it was admitted by Mr. Welles, that if Mrs. Mathewson had been in possession of the land at the time the law was passed, her title was

473

REPORT OF TOWNSEND HAINES

report a detailed statement of facts as given in the evidence before the committee. Four weeks later a report was brought in, read, discussed at length, and again laid on the table. Doubtless in each of these dis- cussions the battle of Connecticut vs. Pennsylvania was fought again.

The much defamed seventh section of the Bedford and Ulster Act held-the Legislature declined to repeal that ;- and after long discus- sion the title of the bill was altered to "An Act for the relief of the heirs of Elisha Matthewson." Not only so, but during the three read- ings and the passage through the Senate, various amendments were made, eliminating every allusion to the Act of 1810, and thus maintain- ing the dignity of the Legislature, which, in the language of Judge Patterson, "for eight years had been urged to oust Henry Welles." The detailed statement called for was read before the House by Mr. Haines, by whom it was carefully prepared, and doubtless influenced the final decision. His summing up was as follows :

"From an impartial view of the whole case, the undersigned cannot see any reason to believe that Henry Welles, in any particular, acted unfairly to the widow or heirs of Elisha Mathewson; that he has rendered himself liable to the charge of artifice, fraud or injustice, or that he had by any act of his changed the character of his title, or the situation of the hitherto controverted points between the two parties. If, therefore, the petitioner has any claim in equity or justice, it is not to the land of Henry Welles, legally held and fairly possessed by him; but it is to the moral obligations of government as previously extended to that misguided people, whose credulity was imposed upon by the artifices of the Susquehanna company. Elisha Mathewson, the father of the present petitioner, was a soldier of the Revolution. From the year 1776 until 1783, a period of six years, he faithfully served the United States; when, being honorably discharged, he returned to his paternal home, and within a few years removed and settled on the land in dispute with a title derived from the Susquehanna company. The remainder of his life was spent in the possession of the property, and he left it as an inheritance to his children, whose petition has been preferred to the house praying for relief.

"It is believed that all the Connecticut claimants in actual possession, within the whole seventeen townships of Luzerne, have been confirmed in their pos- session by different acts of Assembly, and that the heirs of Elisha Mathewson are the only individuals to whom the government has not extended, in some way or other, the benefits of its laws. It cannot be pretended that the interposi- tion of the Legislature was founded on any state necessity, or upon any legal claim by those who received the benefits of the several laws in those townships. In the words of Judge Brackenridge, 'it was a moral obligation on the govern- ment to relieve the mistaken and misled inhabitants, who had settled on these lands under an idea of right, and where the situation of things and the nature of the case furnished a ground of mistake, so that they were not to be considered absolutely in the light of voluntary trespassers.' Under this view of the case, while it would be a violation of vested rights, without an adequate necessity, to interfere with the possession of Henry Welles, it may not be an improper con- sideration for the Legislature, whether the same moral obligation would not interpose in behalf of the only Connecticut claimant who has not received the benefits of its laws, and grant some compensation to the heirs of Elisha Mathew- son whose petition is before us .- TOWNSEND HAINES."

sufficient to entitle her, as well as every other Connecticut claimant in those townships, to the land. Now your committee cannot see that the mere circumstance of her being out of pos- session, forced out too in the manner she was, destroys her equity, nor ought it to destroy her legal right to the lands, under all the circumstances. Equal justice to all your citizens appears to require the repeal of the 7th section of the act before spoken of, as it would leave to Mr. Welles and those Pennsylvania owners connected with him, the same remedy and redress that all your other Pennsylvania owners had, and give to the heirs of Elisha Math- ewson the same rights and privileges that all other Connecticut claimants have received. It was these impressions that induced your committee to report a bill repealing the 7th section of the act of 10th March 1810.

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OLD TIOGA POINT AND EARLY ATHENS

Public opinion was expressed in at least one newspaper of the day, which has been preserved, the Village Record of West Chester, Pa. (Editors, Charles and Asher Miner ).13

The bill received the approval of the Governor and became a law, inculpating neither plaintiff nor defendant. Henry Welles' title to the land held, the Mathewson's claim was recognized [and so at last was happily closed, amid a profusion of compliments and apparent good will, what had been a protracted and bitter controversy, waged in every form-in public, in private, in forum, in politics, at the bar, and in parliament-for so many years that locks grew gray in the doing of it; and so ended the LAST CAMPAIGN OF THE YANKEE-PENNAMITE WAR !]

The famous bill is here given :

"An Act for the relief of the heirs of Elisha Matthewson.

"Sect. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the governor is hereby authorized and required to appoint three commissioners to appraise all the lands which were delivered to Henry Welles as agent for Charles Carroll, by virtue of process issued in the case of Carroll's lessee vs. Elizabeth Matthewson returnable to October session 1808, lying in the township of Athens on Tioga Point, which Elisha Matthewson, late of said township, died possessed of, and to which he claimed title in virtue of Connecticut rights, deducting from such valuation the sum of $5, per acre, which appraisement shall be made according to the value of the property on the 16 day of June 1810; and the commissioners thus ap- pointed or a majority of them shall make out a certificate of the balance of such valuations together with the interest on the same, to the time of such appraise- ment, and forward the same to the state treasurer, which certificate shall be suffi- cient authority for the state treasurer to pay such sum and interest to the heirs and legal representatives of the said Elisha Matthewson; and in case of the death or refusal of any of the said commissioners to serve, the governor shall appoint a suitable person or persons to fill such vacancy; and the commissioners shall be allowed the sum of $2, per day for each day necessarily engaged in the dis- charge of their duties, in full for pay and personal expenses.

"Provided that the said Commissioners before they enter on their duties, they shall take and subscribe an oath or affirmation before some judge or justice of the peace, that they will justly and equitably discharge the duties assigned them in virtue of this act.

"April 14, 1827."

"J. ANDREW SHULZE."

The appointed commissioners faithfully did their work, and coin- cided with Henry Welles' own estimate. The valuation of the land. with interest from 1808, was estimated to be $10,000, and that immense sum, less $5 per acre as directed, was promptly paid to the Mathewson heirs. Prosperity at last beamed upon them. They built on lot No. 40, their original location, a fine public house, long called "the Mansion House," which stood close to the street on the property now occupied by M. D. Stiles. The house was famous to a comparatively recent date for the many public and social gatherings held in the great hall in an upper story. Constant Mathewson seems to have wasted most of his portion in visionary experiments, extensive mining operations on the nearby hills being one. He at last built a house east of the river, near present Wheaton property. In his old age he manufactured what he thought

13 The Record's Editorial, May 23, 1827: "The leading article in this day's Record is an extract from the Journals of our State Legislature. The subject has been for a long time before the Assembly. Year after year Mr. Welles has been drawn to Harrisburg to

475

THE MATHEWSON AND WELLES FAMILIES

a marvelous liniment, and the "canal boat full of bottles with his name blown in the glass," was surely an offset for "Welles' Folly."

Elias, the second son, married a daughter of Ira Stephens, Sr., and became the possessor of a fine farm near Spanish Hill ; the house which he built is still standing. One of his daughters, Mrs. Guy Tozer, is still a resident of Athens, and another is Mrs. Lydia Buck, of Sayre.

The other children of Elisha and Elizabeth Matthewson were Cynthia, who married Lebbeus Hammond : Fanny, who married Mr. White; Lydia, who married William Means, and Elizabeth, who mar- ried Mr. McKean. Mrs. Matthewson lived with her son Constant in later years until her death in 1851, at the age of ninety-one.

As for General Henry Welles, he did not live long to enjoy the home for which he had made such a struggle. He died suddenly in

MRS. SALLY SPALDING WELLES

the very prime of life, December 22, 1833, leaving his widow, Sarah Spalding Welles, with three sons, George Henry, James and Henry S., and two daughters, Susan and Frances. George married Eliza Salt- marsh and occupied the old homestead with his mother until his death.

defend his rights and his character, both of which have been assailed in a manner which we thought unjust. Mr. Welles we have long known, and esteemed, as a gentleman of perfect integrity, as he certainly is distinguished for handsome talents, and urbane manners .- The paper placed upon the Journal by Mr. Haines, in our opinion, completely vindicates him, and places the whole matter in a proper point of view. The plan to take away his land by the most high handed and unconstitutional means, of a Legislative enactment, is abandoned. A law has been passed for quieting Mathewson; and owing to the patient research and able exposition of the whole subject by Mr. Haines, an end is put to this long and painful con- troversy, which every year was a bill of heavy expense to the state."

476

OLD TIOGA POINT AND EARLY ATHENS

James married Mary Wells of Aurora, and died without issue. Henry married Amelia Beardsley of Auburn, and in 1865 became possessor of the old Stone House and the Point farm. It was long occupied by his son, Henry B. Welles, whose son Henry, 4th, was born there. Two other children of Henry, 2d, are still living, Charles S. and Amelia ; also one son of George H., George Welles, 3d.

Mr. Buchanan, the purchaser of the Point farm, in 1873, after some years residence, sold to John O. Ward, who despoiled the entire prop- erty of the grand old trees which added so much to its beauty and value. It is now the property of the Kirby estate of Towanda.

As to Richard Caton's interest in the Indian Arrow, it was recon- veyed to him in 1813 by Charles Carroll, and in June, 1825, he made a trust deed of the remainder and some other lands to Robert Oliver for the benefit of his creditors. This deed is given, as it defines his lots, and also shows the valuation of the warrant, and the large amount of foreign capital that had been at his disposal.14

14 Richard Caton to Robert Oliver .- State of Maryland Baltimore County to wit: This Indenture made this 30th day of March, in the year our Lord 1825 Between Rich'd Caton, of the one part and Rob't Oliver of the other part. Witnesseth that the said Richard Caton for and in consideration of $100 to be Pd. by Robert Oliver hath granted unto the said Robert Oliver his heirs and assigns. "All that parcel and part of the town of Athens owned by Richard Caton on Tioga Point, lying in Bradford County in the State of Penn'a situated north of the lots occupied by Henry Welles & Michael R. Tharp & Bounded on the north by the original line of the tract as laid out by Josiah Lockhart, on the West by the River Chemung, and on the East by the River Susquehanna; also all those parts of Tioga Point other than that just mentioned lying south of the Ferry Road & J. Decker's lot, which lie on the River Chemung to the West & on the River Susquehanna to the East, the whole of which parcels to the North of the lots occupied by Henry Welles and M. R. Tharp, & to the South of the Ferry Road & J. Decker's lot Containing two hundred & fifty acres of land more or less" as will now more fully appear by Deed from C. Carroll of Car- rollton to Rich'd Caton. To Have and To Hold to Rob't Oliver, heirs & assigns in trust for uses following: In trust to convey to the purchasers and their heirs all such lands as said R. Caton may have heretofore sold, on payment to Rob't Oliver of the purchase money and Interest. And to sell and Convey all the residue of said lands together with a certain other tract of land near to Newtown in the County of Steuben, & State of N. York for any sum or sums of Money so that the purchase money of the two tracts together may make an aggregate amount of not less than 50,000 dollars, the said tract in the County of Steuben being conveyed by Deed bearing date this day to Rob't Oliver for the same use, intent & purpose herein specified; and also to receive the said sums of money which shall arise from the Sales of the said lands, or from the rents of the said lands, & to appropriate and pay over the said sums so received as follows, to pay

Francis J. Mitchell of Baltimore. $6000

Robert Oliver $5000 William Hayes 166 Wm. Winchester 650 Christopher Johnson 500

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A history of old Tioga Point and early Athens, Pennsylvania, Part 65

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