USA > Pennsylvania > A history of the region of Pennsylvania north of the Ohio and west of the Allegheny river, of the Indian purchases, and of the running of the southern, northern, and western state boudaries. Also, an account of the division of the territory for public purposes, and of the lands, laws, titles, settlements, controversies, and litigation within this region > Part 11
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1 Also John Woods.
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SETTLEMENT, AND LAND TITLES.
When I came from Pittsburgh to this county in 1829, the resident lawyers were James Allison, Robert Moore, John R. Shannon, William B. Clark, and Sylvester Dunham. The court was fre- quented, however, by eminent lawyers-Walter Forward, W. W. Fetterman, Henry M. Watts, and William Wilkins. N. P. Fetterman, a younger brother of W. W. Fetterman, did not come until 1832. The most regular practitioner from abroad was Isaac Leet, of Washington.
Here allow me to correct an error in the county history of James Patterson. I did not study law with Robert Moore, but with Henry Baldwin and W. W. Fetterman. Mr. Baldwin was afterwards a Judge of the Supreme Court of the United States, not of this State, as set down. He was an extraordinary man, highly endowed, both physi- cally and intellectually. His voice was of re- markable strength, and led me to make my first observation upon the quality of voices. On the 4th of July, 1828, in the Presidential contest be- tween Mr. Adams and General Jackson, he de- livered, in favor of Jackson-whom he supported with great ardor-an elaborate address (having copied it, I attest the labor). The meeting took place in the rear of the James S. Stevenson pro- perty, now occupied by the Pittsburgh, Fort Wayne, and Chicago Railroad Company, on Penn
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Street. The crowd was immense, and I stood upon the very verge, so distant that, though I heard the thunder of Baldwin's voice, I distin- guished but little he said. But when Judge Wilkins spoke, his voice, with scarcely a tithe of the power, travelled over the crowd in silvery tones, so clear, so distinct, and so musical, not a word escaped me.
Of the Beaver County lawyers, Robert Moore died on the 14th of January, 1831. At the fol- lowing April term, Judge Shaler, on leaving the bench, delivered a beautiful and just tribute to his memory.
James Allison died on the 17th of June, 1854; his son, William, a most promising lawyer, having died before him, on the 23d of July, 1844.
John R. Shannon died in February, 1860. Syl- vester Dunham had left the bar many years ago. He is dead, but the time of his death is unknown to me. William B. Clark is yet alive, living on the Pennsylvania Railroad, three or four miles out from Pittsburgh.
The first Prothonotary of the county was David Johnston; the first Sheriff was William Henry, not Thomas, as published lately.
The first suit brought at February term, 1804, was an action for slander, by William Fulks. I mention this because he was reported to have
13
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been the first permanent settler north of the Ohio in 1792. He was one of the few hardy men who braved the Indians, and settled in now Ohio Township, between what was known as the Salem meeting-house and the Little Beaver. With his settlement is connected a memorable occurrence. Suits were brought against many of the settlers in the United States Court, at Philadelphia, and judgments by default pretty generally taken. Judgment went against Fulks, and the Marshal, W. B. Irish, of Pittsburgh, in 1808, came with a posse to dispossess him. When approaching his land the Marshal and his men were waylaid and fired upon, a bullet intended for Irish killing Hamilton, a settler, who had compromised, and was accompanying the Marshal by request. It is said by some the bullet was intended for Ennion Williams, agent of the Pennsylvania Population Company.
Time would fail to recount the many memories and the interesting incidents of the early settle- ments, and now, in closing, let me invite your attention to one more thought, the last, but most important-I mean the debt man owes to law. We are a peaceful, prosperous, and happy people. After the bounties showered down upon us by a kind Providence, to this great principle, more
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than to all others, do we owe our choicest bless- ings.
The air we breathe is about us, pressing us on all sides, yet we perceive it not. It is yielding, soothing, sustaining ; whispering to us in Folian music, and breathing upon us its cooling balm. Without it man lies gasping, dying. It is forever with us, and yet we forget its presence, even while we inhale it. But this vast empire of ether, which upholds, maintains, and blesses human life, is the most true and beautiful type of law. The silent and unperceived and gentle influence of law sur- rounds, preserves, and protects man, every moment and hour of his life.
It is only in the enforcement of law it is seen and its influence felt. Here, in this place dedi- cated to its service-a temple reared to Justice- it becomes visible, and its energy is manifested. Like the copper vase in the Arabian tale, dragged by the fisherman's net from the sea, this hall contains the hidden spirit of its mighty power. When the vase was opened, a genius came forth, at first of thin and vapory form, but rising and gathering it opened wider and rose higher until, towering over land and sea, his awful form brought dread upon all beneath. Thus, when the portal of justice is opened, though by feeble hands, law spoken in the weakness of human breath, issuing
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SETTLEMENT, AND LAND TITLES.
from these walls, and taking the form and attri- bute of judgment, spreads itself throughout the land, among the thousands who inhabit it, visiting every habitation and every person, and carrying safety and protection everywhere. It is to the dne administration of law, therefore, we must look for its most just and beneficent results.
Cherish, then, my friends, those who admin- ister it in sincerity and truth, though unpalatable and therefore unpopular their judgment may be. Strengthen their hands for their good work, re- membering that when injury reaches them you suffer. Give them your countenance and cordial support, for where virtue flourishes good govern- ment reigns.
REPORT OF GENERAL WM. IRVINE, AGENT OF THE STATE ON THE DONATION LANDS.1
This report accompanied a letter to his Excel- lency, John Dickinson, Esq., dated Carlisle, Aug. 17, 1785.
Notes taken and observations made [by] the agent appointed to explore the tract of country presented by the State to the late troops of the Penna. line of the American army.
1 11 Penna. Arch. 513.
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SETTLEMENT, AND LAND TITLES.
In exploring the donation land, I began on the line run by Mr. McLane, between that and the tract appropriated for redeeming depreciation cer- tificates, which he ascertained by a due north line to be near thirty miles from Fort Pitt, and by the common computation along the path leading from Fort Pitt to Venango, on the mouth of French Creek, which some affirm was actually measured by the French when they possessed that country, I found it forty miles. East of this path, along Mr. McLane's line, for five or six miles, the land is pretty level, well watered with small springs, and of tolerable quality ; but from thence due east to the Allegheny River, which is about twenty-five miles due east, there is no land worth mentioning fit for cultivation; as far as French Creek all be- tween the Venango path and the Allegheny, there is very little land fit for cultivation, as it is a con- tinued chain of high barren mountains, except small breaches for creeks and rivulets, to disem- bogue themselves into the river. These have very small bottoms.
As I proceeded along the path leading to French Creek, about five miles to a branch of Beaver, or rather in this place called Canaghquenese,1 I found the land of a mixed quality, some very
1 Conoquenessing.
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SETTLEMENT, AND LAND TITLES.
strong (stony), and broken with large quantities of fallen chestnut, interspersed with strips covered with hickory, lofty oak, and for underwood or brush dogwood, hazel, etc .; along the creek very fine, rich, and extensive bottoms, in general fit for meadows; from thence to another branch of said creek, called Flat Rock1 Creek, about ten miles distant, the land is generally thin, stony, and broken; loaded, however, with chestnut timber, the greatest part of which lies flat on the earth, which renders it difficult travelling; at the usual crossing place on the last-named creek, there is a beautiful fall over a rock ten or twelve feet high; at the fording immediately above the fall, the bottom is one entire rock, except some small perforations which is capacious enough to re- ceive a horse's foot and leg; it is here about forty yards wide, and most extremely rapid. From Flat Rock to Sandy Creek by Hutchins and Snell, called Lycomic, is about twenty-four miles ; on the first twelve there are a considerable quan- tity of tolerable level lands, though much broken with large stony flats, on which grows heavy bur- thens of oak, beech, and maple; particularly seven or eight miles from the creek there is a plain or savanna three or four miles long, and at least two wide, without anything to obstruct the prospect,
1 Slipperyrock.
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SETTLEMENT, AND LAND TITLES.
except here and there a small grove of lofty oaks or sugar tree ; on the skirts the ground rises gradu- ally to a moderate height, from which many fine springs descend, which water this fine tract abun- dantly ; along these rivulets small, but fine spots of meadow may be made; from hence the remain- ing twelve miles to Sandy Creek is a ridge or mountain, which divides the waters of the Alle- gheny, the Beaver, and Ohio, and is from east to west at least three times as long as it is broad; on the whole of this there is little fit for cultivation, yet some of it is well calculated for raising stock. But a person must be possessed of very large tracts to enable him to do even this to purpose.
From Sandy to French Creek is about seven or eight miles from the mouth, but it soon forks into many small runs, and it is but a few miles from the mouth to the source. There are two or three small bottoms only on this creek; to French Creek is one entire hill, no part of which is fit for cultivation.
On the lower side, at the mouth of French Creek, where the fort called Venango formerly stood, there is three or four hundred acres of what is commonly called "upland," or "dry bottom," very good land. On the northeast side, about one mile from the mouth, another good bottom begins, of four or five hundred acres; and on the summit
200
SETTLEMENT, AND LAND TITLES.
of the hills, on the same side, though high, there is a few hundred acres of land fit for cultivation ; this is all in this neighborhood nearer than the first fork of the creek, which is about eight miles distant. On the road leading from French to Oil Creek, within about three miles and a half from Venango, there is a bottom of fine land on the bank of the Allegheny, containing four or five hundred acres; there is little besides on Oil Creek fit for cultivation.
French Creek is one hundred and fifty yards wide.
From French to Oil Creek is about eight miles. This is not laid down on any map, notwithstand- ing it is a large stream, not less than eighty or perhaps a hundred yards wide, at the mouth a considerable depth, both of which it retains to the first fork, which is at least twenty miles up, and I am certain, is as capable of rafting timber, or navigating large boats, as French Creek in the same seasons this high. On the northeast, or upper side of this creek, at the mouth is four or five hundred acres of good bottom, and about a mile up, there is another small bottom on the southwest side, which is all the good land to the first fork.
Oil Creek has taken its name from an oil or bituminous matter being found floating on the
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SETTLEMENT, AND LAND TITLES.
surface. Many cures are attributed to this oil by the natives, and lately by some whites-particu- larly rheumatic pains and old ulcers. It has hitherto been taken for granted that the water of the creek was impregnated by it, as it was found in so many places; but I have found this to be an error, as I examined it carefully, and found it spring out of two places only ; these two are about four hundred yards distant from [each] other, and on opposite sides of the creek. It rises in the bed of the creek, at very low water, in a dry season. Iam told it is found without any mixture of water, and is pure oil ; it rises, when the creek is high, from the bottom in small globules; when these reach the surface they break, and expand to a surprising extent, and the flake varies in color as it expands ; at first it appears yellow and purple only, but as the rays of the sun reach it in more directions, the colors appear to multiply into a greater number, more than can at once be com- prehended.
From Oil Creek to Cushkushing, an old In- dian town, is about seventeen miles. The whole of this way is barren; high mountains, not fit for cultivation ; the mountain passes so close on the river that it is almost impassible, and by no means impracticable, when the river is high; then travel-
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SETTLEMENT, AND LAND TITLES.
lers, either on foot or horseback, are obliged to ascend the mountain and proceed along the summit.
At Cushkushing there is a narrow bottom, about two miles long, good land, and a very fine island, fifty or sixty acres, where the Indians formerly planted corn. From Cushkushing to another old Indian town, also on the bank of the river, is about six miles; this place is called Canenakai, or Hickory Bottom. Here is a few hundred acres of good land, and some small islands. From hence to a place named by the natives the Burying Ground, from a tradition they have that some extraordinary man was buried there many hundred years ago, is about thirteen miles. Most of this way is also a barren, and very high mountain, and you have to travel greatest part of the way in the bed of the river. To Brokenstraw Creek, or Bockaloons, from the last-named place, is about fourteen miles; here the hills are not so
· high or barren, and there are sundry good bottoms along the river. About half-way there is a hill, called by the Indians Paint Hill, where they find a good red oker. Brokenstraw is thirty yards wide; there is a fine situation and good bottom near the mouth on both sides; but little way up the creek large hills covered with pine make their appearance. From Brokenstraw to Conewago is eight or nine miles; here there is a narrow bot-
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SETTLEMENT, AND LAND TITLES.
tom interspersed with good, dry land and meadow ground all the way, and there is a remarkable fine tract at the mouth of the Conewago, of a thousand or perhaps more acres, from the whole of which you command a view up and down the main branch of Allegheny, and also of Conewagoo, a considerable distance. Conewagoo is one hundred and fifty yards wide, and is navigable for large boats to the head of Jadaque' Lake, which is upwards of fifty miles from its junction with the east branch of the river. The head of Jadaque Lake is said to be only twelve miles from Lake Erie, where it is said the French formerly had a fort, and a good wagon-road from it to the lake. Conewagoo forks about thirty miles from the mouth of the east branch, is lost in a morass, where the Indians frequently carried their canoes into a large creek called the Caterague,? which empties into the lake forty or fifty miles above Niagara.
The account of the branches of Conewagoo I had from my guide, an Indian chief of the Senecas, a native of the place, and an intelligent white man, who traversed all this country repeatedly. I have every reason to believe the facts are so, though I do not know them actually to be so, as I
1 Chatauque.
2 Cattaraugus.
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SETTLEMENT, AND LAND TITLES.
went only a small distance up this creek, being informed there is no land fit for cultivation to the first fork or to the lower end of Jadaque Lake, which begins seven miles up the west branch, except what has already been mentioned at the mouth of the creek. The appearance of the coun- try, in a view taken from the summit of one of the high hills, fully justified this report, as nothing can be seen but one large chain of mountains towering above another. Here, perhaps, it may not be amiss to insert the supposed distances in a connected view ; and first, from Fort Pitt to-
McLean's ( Depreciation) Line
. 40 miles.
Fourth Branch of Canaghquenese
5
· Rocky, or Flat Rock Creek
. 10
Sandy Creek .
French Creek . ·
8
Oil Creek
A
6
Cuskacushing
17
Cananacai
6
The Burying Ground
13
Brokenstraw .
14
Conewagoo
9
66
154
Deduct from Fort Pitt to McLane's Line, be-
tween the Depreciation and Donation Tracts 40
Leaving the Donation Land to be 114
For the same reason that I did not proceed far up the Conewagoo, I returned the most direct
· 24
.
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SETTLEMENT, AND LAND TITLES.
road to the Burying Ground. Here three old Indian paths take off, one to Cayahaga, on Lake Erie; one to the Cuskusky, on the west branch of Beaver Creek;1 and the third to a salt spring, higher up the same branch of Beaver. From hence I crossed the chain of mountains, which runs along the river, and in travelling what I computed to be about twenty-five miles, reached the first fork of Oil Creek. On the most easterly branches there are vast quantities of white pine, fit for masts, boards, etc. In this fork is a large body of tolerably good land, though high; and along the West Branch, very rich and extensive bottoms, fit for meadow of the first quality. This continues about fifteen miles along the creek, which is a beautiful stream, from thirty to forty yards wide, and pretty deep. From the West Branch of Oil Creek I proceeded on a westerly course about ten miles along a ridge which is difficult to ascend, being high and steep, but when you get up it is flat on the summit, four or five miles broad, very level, and fine springs issue from the declivity on both sides, the land heavily wooded with hickory, large oak, maple, and very large chestnut. From the west end of this ridge several large springs rise, which form
1 Mahoning.
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SETTLEMENT, AND LAND TITLES.
the most easterly branch of French Creek. There are five branches of this creek-which is called Sugar Creek by Mr. Hutchins-all of which have fine bottoms, excellent for meadow and pasturage, but the upland or ridges between are stony, cold, moist, and broken, chiefly covered with beech, pine, and chestnut.
At the fork or junction of Sugar Creek with the main or west branch of French Creek-which is only eight miles up from Venango-there is some very fine plains or savannas, and a large quantity of meadow ground. There are but few bottoms, and little or no upland besides what is above mentioned, for twenty miles up this branch, where there is considerable quantity of excellent meadow ground; besides there is not much good land until you reach Le Berroff.1
From Venango I returned along the path lead- ing to Pittsburgh, to within seven miles of Flat Rock Creek; here I took a west course, along a large dividing ridge, already noticed, about ten miles, where I struck a branch of Canaghquenese, or Beaver,2 about thirty yards wide, and which joins Flat Rock before it empties into the main branch of Canaghquenese. On this creek is very fine and large bottoms, and in some places some
1 Le Bœuf.
2 Probably Muddy Creek.
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SETTLEMENT, AND LAND TITLES.
good upland, though much broken with high, bar- ren hills and some deep morasses. This creek is not laid down on any map that I have seen. After having explored this creek and lands adja- cent, I proceeded a south course till I struck McLane's line, within eight miles of the Great Beaver Creek, which I followed to the creek; all this distance is very hilly ; there are some small bottoms, but the major part of those eight miles is not fit for cultivation.
From where Mr. McLane's line strikes the great or west branch of Beaver, I continued exploring the country up the several western branches of the Beaver, viz., the most westerly, and two branches denominated the Shenango.1 The distance from the above-named line to an old Moravian town is three or four miles, from thence to Shenango two and a half miles; thence to a fork or second branch,2 two miles; from the mouth of Shenango to Cuskuskey on the west branch (Mahoning), is six or seven miles, but it was formerly called Cus- kuskey by the natives along this branch as high as the salt spring, which is twenty-five miles from the mouth of Shenango.
There is such a similarity in almost all the lands on all the branches of Beaver Creek, that a par-
1 The Mahoning and the Shenango and Neshannock.
2 Neshannock.
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SETTLEMENT, AND LAND TITLES.
ticular description of each would be mere repeti- tion. I shall, therefore, only briefly observe that the bottoms generally are the most excellent that can well be imagined, and are very extensive; the up- land is hilly, and some bad; but most of the hills are fertile and very rich soil, from the falls of the Great Beaver up to the west branch, and twenty miles up the Shenango branch is to a considerable distance on either side those creeks, there is little land but may be cultivated, and I believe no coun- try is better watered. I hereby transmit a sketch of that part of the country only which my duty as agent obliged me explore. This, together with the remarks herein contained will, I flatter myself, give a juster idea of the tract than any map yet published. Though I do not pretend to say it is correct, as the distances are all supposed, and there are probably several omissions in this sketch, yet more creeks, hills, etc., are noticed than have been before, and their real courses and near connection by hills and ridges ascertained.
No creek is laid down or branch which is not upward of twenty yards wide-smaller ones are not noticed-on the whole, I have endeavored, as well in the remarks as in the sketch, so far as I have gone, to answer the end for which I was ap- pointed agent, as well as in my power.
WM. IRVINE, Agent.
.
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SETTLEMENT, AND LAND TITLES.
N. B. The dotted lines show the several courses taken in exploring the country on the sketch; be- sides the several offsets were made to gain sum- mits of hills for the benefit of prospects. All the branches of Canaghquenese, which are six or seven in number, join and form one large creek be- fore it enters the Beaver; the junction is about eleven miles above the mouth of Beaver from above the falls, and four below McLane's line. I have been unavoidably obliged to leave the north and west lines open in the sketch, as I could not do otherwise, until these boundary lines are run ; this also prevented my completing the business, not being able to determine, perhaps within several miles, where the lines may run. I am persuaded the State of Pennsylvania might reap great advantages by paying early attention to the very easy com- munication with Lake Erie, from the western parts of their country, particularly Conewagoo, French Creek, and the west branch of Beaver. From a place called Mahoning, to where it is navigable for small craft, is but thirty miles to Cuyahoga River, which empties into the lake. A good wagon road may be made from Fort Pitt to the mouth of French Creek, and all the way from the mouth of Beaver to Cuyahoga, which is not more than eighty miles. The breadth of the tract cannot be ascertained till the western boundary is run. Mr.
14
210
SETTLEMENT, AND LAND TITLES.
McLane suspends, for this reason, extending his line further west than the Great Beaver, which he has found to be forty-seven miles from the mouth of Mogwolbughtiton; from this part of Beaver Creek is conjectured the west line of the State will run ten or twelve miles. (Letter Book, vol. i. pp. 344-50.)
Gen. Irvine returned from his tour to Fort Pitt in July, 1785. His exploration was therefore made in the previous months, probably of May and June.
LETTER OF DAVID REDICK, RELATIVE TO THE ALLEGHENY RESERVATION OF 3000 ACRES.1
TO HIS EXCELLENCY BENJAMIN FRANKLIN,
AND THE HONORABLE COUNCIL.
This country has never experienced a winter more severe. The mercury has been at this place 12° below the extreme cold point; at Moskingdum 20, and at Pittsburg within the bulb or bottle. The difference may be accounted for in part by the inland situation of this place, and greater or less quantities of ice at the others. It has been alto- gether impossible for me, until within these few days past, to stir from the fireside. On Tuesday last I went with several other gentlemen to fix on
1 11 Pa. Arch. 244.
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SETTLEMENT, AND LAND TITLES.
the spot for laying out the town opposite Pitts- burgh, and at the same time took a general view of the track, and finds it far inferior to expectations, although I thought I had been no stranger to it. There is some pretty low ground on the rivers Ohio and Alleghania, but there is but a small pro- portion of dry land which appears any way valu- able, either for timber or soil; but especially for soil it abounds with high hills, deep hollows, almost inaccessible to a surveyor. I am of opinion that if the inhabitants of the moon are capable of re- ceiving the same advantages from the earth which we do from their world, I say, if it be so, this same far-framed track of land would afford a va- riety of beautiful lunar spots, not unworthy the eye of a philosopher.
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