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 4
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1 2 Smith's L. 295, in note. ? Ib. 3 3 Ib. 110.
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SETTLEMENT, AND LAND TITLES.
The Act of 11th April, 1799,1 extending until September 1, 1799, the period for applying for Donation Lands, and regulating the mode of au- thenticating claims, would seem to embrace the applications for lands in lieu of those surveyed in New York.
By the Act of 23d February, 1801,2 the Legisla- ture again intervened for those whose lots had fallen in New York. The time of application was extended three years ; the Board of Property was required to investigate suspected fraud, and dis- putes between applicants, and to call on the attor- ney, if any, to make oath that he had no interest in the claim. The Board was to proceed in the man- ner directed in the 13th section of the Act of 24th March, 1785.3
The Act of 2d April, 1802,4 already referred to, applies only to those lots which were supposed to have fallen within New York, but which were found to be in the Erie Triangle. The Act of 25th March, 1805,5 in the 1st section coupled those whose lots were within the Triangle with those whose lots were within the "Struck District," and authorized them, on surrendering their patents, to receive therefor an equal quantity of unappro- priated land, and obtain patents therefor. Section
1 3 Smith's L. 383, and 2 Ib. 297-8. 2 3 Ib. 467.
3 2 Ib. 292. 4 3 Ib. 505. 5 4 Ib. 224.
56
SETTLEMENT, AND LAND TITLES.
2d continued the Act in force until April 1, 1806. As to those lots within the Erie Triangle which had been drawn and patented, it was held by the Supreme Court that the purchase from the United States accrued to the benefit of the owners of these lots, who still retained them, on the principle in equity, that an after-accrued title is held in trust by a vendor for his vendee. No legislation was necessary to confirm their titles. (McCall 2. Coover.1)
In regard to taxation of Donation Lands, the following decisions have been made : In Coney v. Owen,2 in which the subject was discussed by Gibson, C. J., on one side, and Kennedy, J., on the other, it was held that exemption from taxation under the Acts of 1st March, 1780, and 16th March, 1785, is the personal privilege of the soldier, and that under the words of the tax law of 1804 gen- eral jurisdiction was conferred upon the county authorities to assess all unseated lands. The privilege, therefore, must be shown. As a conse- quence, a sale of such lands for taxes is good where the exemption is not shown; and when shown, though the sale is void, the purchaser at the tax sale is entitled to the value of his improve- ments. The exemption under these Acts is limited to the life of the grantee and his ownership of the
14 W. & S. 151. 2 10 Harris, 256.
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SETTLEMENT, AND LAND TITLES.
lot. Death or alienation subjects the lot to taxa- tion. The case of McCall v. Coover also decided this. The doctrine of Coney r. Owen was not looked upon as just, though the decision was acquiesced in. (Steele v. Spruance.1) In Jennings v. McDowell? it was held that without proof of death, after a great lapse of time and no acts of ownership, the death of the donee may be pre- sumed, and a tax title held valid against an intruder, or one showing no title whatever. As to location by the numbered corner and boun- daries, see the following cases : Smith v. Moore, 5 Rawle; Dunn v. Ralyea, 6 W. & S .; Maris v. Hanna, 4 W. & S .; Hunt v. McFarland, 2 Wright.
1 10 Harris, 256. 2 1 Casey, 388.
58
SETTLEMENT, AND LAND TITLES. .
CHAPTER V.
THE WESTERN AND NORTHERN BOUNDARIES OF THE STATE, AND PART OF THE SOUTHERN.
THE boundaries of Pennsylvania on the west and north are so intimately connected with the Depreciation and Donation Lands, and the sub- sequent titles, that a short account of them is in place here.
On the 23d of April, 1781,1 the Supreme Execu- tive Council issued instructions to John Lukins and Archibald McClean, Esquires, to run and mark the State line between Pennsylvania and Virginia, according to the following agreement, made at Baltimore, August 31st, 1779 :-
" We, George Bryan, John Ewing, and David Rittenhouse, Commissioners from the State of Pennsylvania; and we, James Madison and Robert Andrews, Commissioners for the State of Virginia, do hereby mutually, on behalf of our respective States, certify and confirm the following agree- ment, viz : To extend Mason and Dixon's line, due west five degrees of longitude, to be computed
1 12 Col. Rec. 704.
.
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SETTLEMENT, AND LAND TITLES.
from the River Delaware for the southern boun- dary of Pennsylvania, and that a meridian drawn from the western extremity thereof to the northern limit of said State be the western boundary of Pennsylvania forever."
Lukins and McClean, as Commissioners, were informed that it was expected they would be met by Commissioners on part of Virginia, but if not, they were instructed that the line should be ascer- tained and marked, in as strict conformity as possible to the above agreement, which had been ratified by the Legislature of each State. The resolution of ratification of Pennsylvania was passed on the 23d September, 1780.1 The resolu- tion of ratification by Virginia was, however, not satisfactory to the Pennsylvania authorities, and an Act was passed, April 1, 1784,2 to prevent any countenance it might give to unwarrantable claims of title under Virginia. With these resolutions the agreement was again confirmed. The purpose was to save lawful rights, prevent unlawful intru- sions, and preserve harmony between the States.
In the meantime a temporary line had been run in the autumn of 1782-by Alexander McClean on the part of Pennsylvania, and Joseph Neville on the part of Virginia-to prevent collision between the inhabitants of the two States. The authorities
1 2 Smith's L. 261. 2 Ib. 261.
٠
60
SETTLEMENT, AND LAND TITLES.
of Virginia had made claim to a large part of Western Pennsylvania, embracing it in the dis- trict of West Augusta, and had erected the coun- ties of Monongalia, Ohio, and Youghagania, each interfering with Pennsylvania territory. Courts, magistrates, and officers had been established within this district; and officers of Pennsylvania had been arrested and imprisoned. The war spirit rose to a high pitch, and had nearly suffused the disputed soil with blood. Many Virginia surveys therein were made, and titles granted by Virginia. Added to the alarming condition of affairs between the people of the two States, Virginia had been invaded by the British; rendering the running and marking of a permanent boundary impossible for a time. A large correspondence took place be- tween the President of the Supreme Executive Council of Pennsylvania and the Governor of Vir- ginia, which will be found in the ninth and tenth volumes of the Pennsylvania Archives. A most full and interesting account of those times will also be found in the History of Washington County, edited by Boyd Crumrine, Esq., and published in 1882.
-
The temporary line referred to was confirmed by the Assembly on the 22d of March, 1783,1 and a proclamation issued by John Dickinson, President
1 10 Penna. Arch. 8.
1
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SETTLEMENT, AND LAND TITLES.
of the Council, on the 20th of March, 1783,1 giving notice and commanding obedience to this estab- lishment of boundary. On the 26th March, 1784,2 instructions were issued to Dr. John Ewing, David. Rittenhouse, John Lukins, and Thomas Hutchins, who had been appointed Commissioners on part of Pennsylvania, to run and finally determine the boundary line between this State and Virginia. The report of the Pennsylvania Commissioners was made at Philadelphia, December 23d, 1784,3 inclosing the joint report of the Commissioners of both States, dated November 18th, 1784. They ran the boundary and defined and marked the southwest corner of Pennsylvania, from which the western boundary was to be run northward, to the northwest corner of the State, and fixed upon the 16th of May, 1785, to complete the work on the western boundary.
April 9, 1785,4 instructions were issued to Dr. John Ewing and Mr. Hutchins to run and mark the western boundary. Dr. Ewing, being unable to accept, resigned, April 18, 1785,5 and Mr. Hutchins being absent, David Rittenhouse and Andrew Porter took their places.6 They, with the Virginia Commissioners, Andrew Ellicott and Joseph Neville, reported on the 23d of August,
1 13 Col. Rec. 541-2.
3 10 Penna. Arch. 230.
3 Ib. 373-7. ៛ Ib. 438. 5 Ib. 443. 6 Ib. 444.
.
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SETTLEMENT, AND LAND TITLES.
1785,1 that they had carried the meridian line from the southwest corner of Pennsylvania northward to the river Ohio, and marked it by cutting a vista over all the principal hills, felling and dead- ening trees through the lower grounds, and placing stones, marked on the east side P. and the west side V., accurately on the meridian. Here the duty of the Virginia Commissioners ended.
Under a resolution of May 5, 1785,2 David Rit- tenhouse, Andrew Porter, and Andrew Ellicott were appointed Commissioners to continue the western boundary north of the Ohio to the north- west boundary of the State.
These Commissioners began their survey from the Ohio northward on the 23d of August, 1785. Fort McIntosh was then occupied by the Pennsyl- vania troops, under Lieutenant-Colonel Josiah Harmar, commandant. On the 29th Messrs. Por- ter and Ellicott visited the fort, going up by water, and in a few days Dr. McDowell and Major Finney, from the fort, returned the visit. This was followed by a visit to the Commissioners on the 11th September, by Colonel Harmar and Major Doughty.
After carrying the line forward between forty and fifty miles the Commissioners suspended the work until the following year. The survey of the
1 10 Penna. Arch. 506.
2 14 Col. Rec. 454.
,
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SETTLEMENT, AND LAND TITLES.
remainder of the line to Lake Erie was made in 17861 by General Porter and Alexander McClean. By a letter dated at "Shenango" Creek, 25th June, 1786,2 they informed the Council that they began the extension on the 19th of June. On the 23d September they reached a point 143 miles from the southwest corner of the State, and on the waters falling into Lake Erie. On Friday, September 15, 1786, they came to Lake Erie, a distance of 155 miles 226 perches from the southwest corner of the State. The angle formed with the northern boundary fell a short distance within the waters of
the lake. At this time the Erie Triangle had not been purchased of the Indians and the United States, and the northern boundary was a straight line, intersecting the western as stated, leaving Pennsylvania without a harbor. An interesting account of the running of this western boundary will be found in the Journal of General Andrew Porter, published in the fourth volume of the Pennsylvania Magazine of History and Biography.
THE NORTHERN BOUNDARY.
In determining its operation on the lands within the last purchase of the Indians in 1784 and 1785, it will be unnecessary to trace the northern boun- dary, except from the Allegheny River westward. A map of this part of the line is found at the end 1 11 Penna. Arch. 26. 1 Ib.
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SETTLEMENT, AND LAND TITLES.
of the eleventh volume of Pennsylvania Archives. The distance is about nine miles from the Alle- gheny to Connewango Creek, adopted as the eastern boundary by the Act of 3d April, 1792, opening the lands westward to settlement and survey. This line ends in Lake Erie, a short dis- tance from the shore end of the western boundary. Under a resolution of the Assembly of September 15, 1783,1 it was made the duty of the Commis- sioners to examine and ascertain where the northern boundary would fall, and whether any part of Lake Erie was within the State.
The Commissioners made two reports, the first, October 12, 1786,2 stating the running and mark- ing of the line to the 90th milestone from the Delaware, on the western side of the South Branch of the Tioga River. This report was signed by Andrew Ellicott for Pennsylvania, and James Clinton and Simeon De Witt for New York. The second was made October 29, 1787,3 by Andrew Ellicott and Andrew Porter for Pennsylvania, and Abraham Hardenberg and William Morris for New York. It states the running and marking of the line in the 42d parallel of north latitude, beginning at the Delaware River, and extending to a meridian drawn from the southwest corner of Pennsylvania, and that they had extended the line
1 10 Penn. Arch. 129. 2 11 1b. 522.
3 Ib. 526.
-
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SETTLEMENT, AND LAND TITLES.
from the 90th milestone to Lake Erie, and marked the same permanently with milestones, or posts surrounded with earth where stone was not found, well marked, with variations of the magnetic needle, and the distances; and on the south side, "Pennsylvania, latitude 42° N., 1787;" and on the north side, "New York." This report was re- ceived November 29, 1787.
By an Act of Assembly of Pennsylvania, of the 29th of September, 1789,1 the boundary as thus run was confirmed provisionally that the same should be ratified by New York. This Act is valuable in the features that its preamble recites a full history of the proceedings relative to this boundary, and states particulars as to the execu- tion of the commission. It provided also for the perpetuation of the evidence by means of copper- plate maps, of which two hundred were to be printed in perpetuam memoriam. The line began at a stone monument upon a small island in the Mohawk branch of the Delaware, set upon the beginning of the 43d degree of north latitude, and ran to Lake Erie, a distance of 259 miles and 88 perches. This line remained unchanged until so much of it as bounded the Erie Triangle was superseded by the purchase of that territory, to be presently stated.
1 2 Smith's L. 510.
5
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SETTLEMENT, AND LAND TITLES.
CHAPTER VI.
THE ERIE TRIANGLE.
THE running and marking of the northern boun- dary did not complete the present area of the State of Pennsylvania. But the location of the line brought out clearly the fact that she had no harbor or even convenient access to Lake Erie. This led her authorities to think of purchasing from the United States territory bordering on the lake and the northern boundary, which would fur- nish access and a secure harbor at Presque Isle. Measures were taken through the Pennsylvania members in Congress to acquire the territory lying between the western boundary of New York and Lake Erie, triangular in shape, and embracing the harbor at Erie.
A report was made by a committee appointed for the purpose of inquiry, read in the Assembly on the 9th of November, 1787.1 Thereupon, Novem- ber 12th, it was resolved to call upon the Supreme Executive Council to lay before the Assembly a
1 11 Penna. Arch. 211.
.
67
SETTLEMENT, AND LAND TITLES.
description of the lands lying between the northern boundary of the State and Lake Erie, and an esti- mate of the sum necessary to purchase the same. On the 5th of February, 17SS,1 Vice-President Muhlenberg, on behalf of the Council, wrote to the members of Congress from Pennsylvania, in- closing the resolution, and requesting information upon the subject. His letter was answered Feb- ruary 28, 1788.2 General William Irvine, one of the members, on the 23d,3 introduced a resolution into the House, reciting the running of the north- ern boundary of Pennsylvania, and that the north- west corner extended into Lake Erie, cutting off a narrow strip of land from the territory of the United States ; that by the cessions of New York and Massachusetts a line was to be drawn by which the said States were to be bounded on the west; and it was important to peace and harmony that this boundary line be run, and therefore directing the Geographer of the United States, in conjunction with the agents of these States, to run and ascertain their western limits.
A committee, consisting of Messrs. Clark, Irvine, Armstrong, Wadsworth, and Brown,4 to whom General Irvine's resolution was referred, reported upon it favorably, submitting a resolu-
1 11 Penna. Arch. 237. 2 Ib. 251.
: Ib. 247.
* Ib. 248.
68
SETTLEMENT, AND LAND TITLES.
tion to carry the purpose of the report into effect. This report was adopted June 6, 1788,1 and direc- tions given to make the survey, and cause a re- turn to be made to the Board of the Treasury, who were authorized to sell the tract in whole, at a private sale, for a price not less than three-fourths of a dollar per acre, in specie, or public securities bearing interest. Extracts from the deeds of ces- sion to the United States by Massachusetts and New York will be found in the Pennsylvania Archives.2
The Supreme Executive Council, on the 14th day of June, 1788,3 authorized the President to inform our delegates in Congress that they were empowered to contract with Congress on behalf of the State for the purchase of these lands, at the rate of three-quarters of a dollar per acre, payable in specie, or in public securities bearing interest.
William Bingham and James R. Reid, two of the delegates, made the proposal for the purchase on the stated terms, on July 7, 1788,4 which was accepted by Samuel Osgood and Arthur Lee on behalf of the Board of the Treasury, August 28, 1788.5
In pursuance of this contract, Congress by an
1 11 Penna. Arch. 308.
2 Ib. 309-10.
$ Ib. 313. * Ib. 382-83. 5 Ib. 382.
.
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SETTLEMENT, AND LAND TITLES.
Act of cession and transfer, of the 4th of Septem- ber, 1788,1 completed the sale. The purchase was reported to the Assembly September 9th, 1788, with an estimate of nine hundred and fifty pounds as necessary to carry out the negotiations.2
On the 13th September, 1788,3 the Assembly confirmed the purchase and provided means for payment, describing the land as "a triangular piece or tract of country, situate, lying, and being on Lake Erie, bounded on the east by a meridian line, part of the western boundary of the State of New York; on the south by part of the northern boundary of the State of Pennsylvania, being a continuation of the line between this State and that of New York, from the western boundary of the said State till it intersects the said lake, including Presque Isle, and running northeasterly, or as the margin of said lake runs, according to the several courses thereof (with all benefit, pro- perty and advantages of the coast, bays, and inlets, on or near that part of the margin of said lake, which is the boundary of the country de- scribed, or intended so to be), till it meets the same meridian line before mentioned."
This completed the area of the State as it exists now, leaving the Indian title only to be extinguished.
1 11 Penna. Arch. 387-8. 2 Ib. 389-90.
: Ib. 395-6.
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SETTLEMENT, AND LAND TITLES.
PURCHASE OF THE INDIANS.
On the 9th of September, 1788,1 Vice-President P. Muhlenberg, on behalf of the Supreme Execu- tive Council of Pennsylvania, informed the Speaker of the General Assembly that accounts had been received from Pittsburgh of a pacific disposition of the Indians, and stating that a large meeting of the northern and western tribes was expected at Muskingum, to hold a treaty with the Continental Commissioners, and that the opportunity was favorable to purchase the title of the Indians to the territory in the Erie Triangle. A commission to treat with them was therefore recommended.
On the 10th2 a committee of the Assembly, con- sisting of Messrs. Peters, Lowry, Rittenhouse, Finlay, and Irvine, conferred with the Council on the subject of the purchase. Action on the report of this committee was taken in the Assembly on the 13th,3 and the Supreme Executive Council was empowered to take the necessary steps for pur- chasing of the Indians having just claims, and to appoint two commissioners to negotiate with them. An appropriation not exceeding nine hundred and
1 15 Col. Rec. 531. 2 Ib. 532.
3 11 Penna. Arch. 396.
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SETTLEMENT, AND LAND TITLES.
fifty pounds was made for this purpose, agreeably to an estimate of the Council.1
In pursuance of these proceedings a commission was issued to General Richard Butler and General John Gibson, dated at Philadelphia, October 2, 1788,2 accompanied by the resolution of the As- sembly of the 13th September, the resolution of Congress relative to the Triangle, and a rough map of it drawn by Mr. Ellicott.
The Commissioners met the Indians at Fort Harmar, at the mouth of the Muskingum River, and on the 9th of January, 1789, effected a treaty with them for the purchase of their title. The treaty, entitled "Agreement between the Six Nations and Commissioners for Lands on Lake Erie," etc., is dated January 9, 1789,3 and names the tribes as "Ondwagas or Senecas, Cayugas, Tuscaroras, Onondagos, and Oneydas." This agreement provided fully for the cession of the Indian title and the rights of the State, reserving only to the Indians residing on the Connewango Creek, and other places within the Triangle, the right of hunting and fishing peaceably.
This treaty is referred to by Cornplanter (Cap- tain Abeal), in an extended address before the
1 11 Penna. Arch. 390.
15 Col. Rec. 554.
3 11 Penna. Arch. 529-33.
.
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SETTLEMENT, AND LAND TITLES.
Supreme Executive Council, at Philadelphia, on the 29th of October, 1790.1 (See Appendix.)
Thus was the last remnant of Indian title to the soil of Pennsylvania extinguished, according to the uniform, humane, and just policy of the Pro- prietaries and the State.
16 Col. Rec. 501 to 507.
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SETTLEMENT. AND LAND TITLES.
CHAPTER VII.
THE RESERVATIONS.
THE subject to be noticed next, in natural order, is the reservations by the State out of the lands north and west of the Ohio, Allegheny, and Connewango. These were reserved expressly "to the use of the State." The purpose was to prevent title being acquired by her citizens under the general laws relating to lands. A prime motive also was to enable her to dispose of the lands therein by special mode, in the manner best suited to her wishes and her interests. This mode will be referred to hereafter.
The two most important reservations are those found in the original Act of 12th March, 1783,1 in these words : "Reserving to the use of the State three thousand acres in an oblong of not less than one mile in depth from the Allegheny and Ohio rivers, and extending up and down the said rivers from opposite Fort Pitt so far as may be necessary to include the same; and the further quantity of
1 2 Smith's L. 63.
.
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SETTLEMENT, AND LAND TITLES.
three thousand acres on the Ohio, on both sides of the mouth of Beaver Creek, including Fort McIntosh."
Other reservations were made, under subsequent laws, at Erie, Franklin, Waterford, and Warren. The first suggestion as to these seems to have come from Andrew Ellicott, in a letter dated at Baltimore, February 19, 1788.1 He was one of the Commissioners to run and mark the northern boundary of the State, and had noticed the general features of the country during his work. He stated in his letter that the situation of several places demanded the attention of the Legislature ; and mentioned the mouth of the Connewango (Warren) ; the mouth of French Creek, where Fort Venango stood (Franklin); and the head of the navigable water of French Creek, at Fort Le Bœuf (Waterford). The purchase of the Erie Triangle was not then completed, and for this reason probably Erie was not mentioned.
On the 12th of November, 1788,2 the Supreme Executive Council, by message, recommended the subject to the attention of the Legislature, and specified Presque Isle (formed by Lake Erie), Le Bœuf, and Connewango to be reserved to the use of the Commonwealth. A committee. was ap-
1 11 Penna. Arch. 243; Ib. 203. 1 15 Col. Rec. 593.
.
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SETTLEMENT, AND LAND TITLES.
pointed, who reported; and on the 24th of March, 1789,1 the Assembly authorized the Council to have surveyed, for the use of the Commonwealth, of lands at Presque Isle (Erie), Le Bœuf, at the mouth of the Connewango, and at Fort Venango, not ex- ceeding three thousand acres at each place.
In pursuance of this authority, the Council, on the 4th April, 1789,2 directed the Surveyor-General to appoint a proper person to locate, survey, and return the several tracts mentioned. The Sur- veyor-General appointed to this service John Adlum, who, on the 14th of April, applied for money to make the survey. A committee of the Council reported3 they could find no money which with propriety could be advanced. On the 28th of April the Council refused the application, be- cause of there being no appropriation for this purpose.+ Presumably the funds were afterwards supplied, as a report of the surveys of the four reservations was made by Mr. Adlum to the Su- preme Executive Council, which, on the 16th of September, 1789, was transmitted to the Assembly.5
7
There is a private reservation, originating in the suggestion of General Richard Butler, which re- quires special notice.6 In a letter of 23d March,
1 11 Penna. Arch. 566.
$ 11 Penna. Arch. 577.
5 16 Col. Rec. 161.
2 16 Col. Rec. 47.
* Ib. 577; 16 Col. Rec. 66.
6 11 Penna. Arch. 562.
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76
SETTLEMENT, AND LAND TITLES.
1789, addressed to the President and Council, he stated that Captain Abeal (the Cornplanter), one of the principal chiefs of the Seneca Tribe of the Six Nations, had been very useful in all the treaties since that of 1784, inclusive, and his attachment to the State was very great. The General therefore suggested it would be good policy to fix his attachment, and also because of his ideas of civilization, to grant to him a small tract of land within the last purchase. He sug- gested 1000 or 1500 acres. This letter was sent to the Assembly on the 24th of March, 1789, who on that day ordered the Council to set apart and survey 1500 acres in the Triangle for the use of the Seneca Chief, Captain Abeal, or the Corn- planter, to him and his heirs forever, in considera- tion of his personal merit and attachment to the State.1
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