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 6
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A sale of all of the remainder of the Reserve tract was ordered by the Act of 14th March, 1816,2 to be made by Wm. Leet, John Wolf, Sr., and James Dennis, who were empowered to survey it in lots of not less than five and not more than ten acres in each. The purchase-money was to be paid within two years and patents issued. But on fail- ure to pay, the Secretary of the Land Office was authorized on payment of the purchase-money and interest by any other person, to issue a patent to him. The limitation in this section was continued twice-the second until January, 1824.
The Legislature again exercised its power to ap- point the uses over the squares reserved for public uses. The 4th section of the Act of 14th March, 1814,3 enacted, "that the public square in the
1 5 Smith's L. 158. 3 6 Ib. 131. 3 Ib. 132.
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northwest corner of the general plan of the town of Beaver, which was reserved for public purposes, be and the same is hereby appropriated for a burial- ground." This is again a direct legislative asser- tion that these reservations had not been dedicated, and was an exercise of the power to declare the uses.
The next sale of lots in Beaver was under the Act of the 5th of March, 1816.1 The commissioners were James Alexander, Guion Greer, and James Logan. They were directed to sell all the remain- ing lots, yet the property of the Commonwealth, "excepting those heretofore reserved for public uses." One-half of the purchase-money was to be paid previous to 3d Tuesday of December, 1816, and the other half on or before the 3d Tuesday of De- cember, 1817. On failure to pay the purchase- money for one year, the Secretary of the Land Office was authorized to issue a patent to such person as would pay the sum due. This Act again asserts that the reserved lots were the property of the Commonwealth.
The Act of 10th April, 1826,2 was the next au- thorizing the sale of the out-lots. The commis- sioners were Thomas Henry, Joseph Hemphill, and Robert Moore. The purchase-money was payable
1 P. L. 1816, p. 96. 2 Ib. 1826, p. 351.
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one-fourth in hand, and the remainder in three equal annual instalments. Five hundred dollars of the proceeds were granted to the borough of Beaver for the supply of water.
The last sale authorized was under the Act of 15th April, 1834.1 James Lyon, Benjamin Adams, and James Eakin, Jr., or any two were empowered to sell at public sale all the lots which had reverted to the Commonwealth laid out by John Lawrence, Samuel Wilson, and David Potter, under the Act of 2d March, 1805, " excepting those heretofore re- served for public uses"-and also all the lots sold by James Alexander, Guion Greer, and James Logan, under the Act of 5th March, 1816, which reverted to the Commonwealth-the purchase- money payable one-fourth in hand and the remain- der in three equal annual instalments, patents to be issued on payment being made. $500 of the proceeds of the sale were granted to the borough of Beaver for the supply of water.
The next exercise of the power of the State over the reserved squares was contained in the Act of 29th March, 1824.2 It appropriated a part of the southeast centre square to the Presbyterian con- gregation of Beaver, for a church, with a yard not exceeding one-quarter of an acre. The Trustees
1 P. L. 1834, 487.
2 Ib. 1824, 149.
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were James Allison, Thomas Henry, David Mar- quis, David Eakin, and Edward Waggonner.
This was followed by a similar appointment to the use of a Methodist Episcopal Church; con- tained in the Act of 10th April, 1826.1 The 5th sec- tion empowered Benjamin Adams, Robert Darragh, Milo Adams, Joseph Vera, and John T. Miller, Trustees for the Methodist Episcopal Church, in the borough of Beaver, "to erect a church or house of worship on the southeast section of the public square in the town of Beaver, between the Acad- emy and the southeastern boundary of said public square, and to inclose a yard not exceeding one- fourth of an acre."
These last two declarations of public uses were in the direct line of the legislative thought as seen in the other reservation at the mouth of the Alle- gheny River. Both Acts of 1787 and 1791 were the twin product of the same legislative intent which created these reservations of 3000 acres each. The Allegheny Act expressly included "places for public worship and burying the dead." The for- mer Act was evidently before the draughtsman who drew the latter (1791), but its enumeration of uses being manifestly defective, in not including other customary buildings,2 such as town halls, public
1 P. L. 1826, p. 352.
: Ante, pp. 87 and 88.
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offices, engine buildings, weigh-scales, etc., he re- jected the method of enumeration, and reached the same end in a better way by saying "for public uses." This embraced all buildings for uses deemed necessary, convenient, or proper, including houses of public worship and burial grounds expressly named in the Allegheny Act. Another conclusive evidence of the reserved legislative control over the uses, is seen in the Act of 1840, conferring on the Councils of the city of Allegheny the power to declare other public uses, besides those named in the Act of 1787. Under this authority the city has erected extensive public buildings, includ- ing all its city offices, a town hall, and the post- office.
The regard in which churches or houses of public worship were held in the last century, when these Acts of 1787 and 1791 were passed, will be seen by referring to the remarks relating to this subject in the case of the Allegheny reservation.1 Indeed, it is impossible to interpret truly the Act of 1791 without referring to its immediate prede- cessor in pari materia, the Act of 1787.
In all the Acts relating to the Beaver reserva- tion, and they were numerous, the minor reserva- tions are called reservations, not dedications. The
1 Ante, pp. 82, 83, 84, 89.
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only dedications were of the highways, streets, lanes, and alleys.
The laws of William Penn, of the Province and of the State, the Constitution of 1776, and the decisions of the Supreme Court, all regard the institutions of the Christian religion, including its places of public worship, as eminently worthy of State protection, and as essential to the morals and general welfare of the people.1 Hence the uniform current of legislation in relation to these minor reservations of the public squares has the effect of an assertion of the power of the State over them, to declare the uses from time to time.
In pari materia are the Acts relating to the reservations at Erie, Warren, Franklin, and Water- ford. This part of the State was then a wilder- ness, and the State planted her reservations and towns to serve the purposes most conducive to her own interests and the general welfare. (See the concluding paragraph relating to these reser- vations under the Allegheny Act, page S9.)
1 We have but to imagine a country without churches, to per- ceive how great the retrogression of mankind would be.
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CHAPTER IX.
RESERVATIONS AT ERIE, FRANKLIN, WARREN, AND WATERFORD.
As already stated, the Supreme Executive Council, in 1788, in consequence of the sugges- tion of Andrew Ellicott, recommended to the Assembly the subject of reservations at the mouth of the Conewango, Venango, and Le Bœuf. The Assembly, by a resolution of 1789,1 authorized the Council to have surveys, not exceeding 3000 acres, made for the use of the State at these places and at Erie, the "Triangle" by this time having become the property of the State. These surveys were made by John Adlum, and reported to the Council, and transmitted to the Assembly in Sep- tember, 1739.
1 The original survey of the Erie reservation by Jolin Adlum is not to be found in the Land Office. As otherwise ascertained the boundaries appear to be these : Beginning on Lake Erie, thence south twenty-seven degrees east nine hundred and seventy-nine perches to a post ; south fifty-three degrees west two thousand five hundred and ninety perches to a post; north twenty-seven degrees west ninety-three perches to Lake Erie; the lake con- stituting the remaining boundary.
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On the 3d April, 1792, the Act of Assembly was passed opening to warrant settlement and survey the lands north of the Ohio and west of the Allegheny and Conewango Creek. The 13th section directed to be reserved for the use of the State at Presque Isle, formed by Lake Erie, the island forming the harbor, and a tract extending eight miles along the shore of the lake, and three miles in breadth, so as to include the tract already surveyed by virtue of a resolution of the Assembly, and the whole of the harbor formed by. Presque Isle at the mouth of Harbor Creek, which empties into Lake Erie, along the shore on both sides of said creek, two thousand acres.
This was followed by the Act of 18th April, 1795,1 to provide for laying out and establishing towns and out-lots within the several tracts of land heretofore reserved for public uses, situated at Presque Isle (Erie), mouth of French Creek (Franklin), mouth of Conewango Creek (War- ren), and Fort Le Bœuf ( Waterford). , It recited the purpose to facilitate and promote the progress of settlements within the Commonwealth, and afford additional security to the frontiers thereof.
The Governor was directed to appoint two Commissioners to survey 1600 acres of land in town-lots, and 3400 acres adjoining for out-lots, at
1 3 Smith's L. 233.
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or near Presque Isle. The streets were to be not more than one hundred and not less than sixty feet wide ; and such lanes, alleys, and reservations for public uses made as the Commissioners should direct; no town lot to contain more than one acre, and no out-lot more than five acres, and the reservations not more than twenty acres. The town should be called Erie, and all the streets, lanes, and alleys be common highways forever.
A draft of the survey was required to be filed in the office of the Secretary of State; and the Governor was authorized to sell at public auction and on advantageous terms one-third part of the town-lots, and one-third part of the out-lots, on the condition that the purchasers should, within two years after the sale, build on each town-lot sold a house sixteen feet square, containing at least one brick chimney; patent not to be issued for two years, and not to vest title, and all previous pay- ments to be forfeited, unless the condition be performed, and proof thereof made in the Court of Common Pleas, and certified to the Governor.
The Act further required one-half of the pur- chase-money to be paid within three months from the time of sale, and the other half, with interest, within one year; and in case payment be not so made, the sale to be void.
The Commissioners were also required to sur-
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vey, previous to the survey of the town and out- lots, sixty acres on the southern side of the harbor of Presque Isle, one-half above and the other half below the bank, including the point at the entrance of the harbor ; one lot of thirty acres on the penin- sula at or near the entrance of the harbor; one other lot on the peninsula containing one hundred acres for the accommodation and use of the United States, in erecting and maintaining forts, maga- zines, arsenals, and dockyards, and other improve- ments deemed advantageous by the United States. Exception was made of mill-seats on the creek near the old French Fort, if they fell within the cession to the United States. Convenient roads also were to be made without injury to the United States for the use of the citizens; and nothing in the Act should be deemed to cede or transfer to the United States the jurisdiction or right of soil in the said lots, but only their occupancy and use.
The commissioners were required to survey also three hundred acres for town-lots, and seven hun- dred acres adjoining thereto for out-lots on the re- servation at the mouth of French Creek, the town to be called " Franklin ;" and also three hundred acres for town-lots, and seven hundred acres ad- joining thereto for out-lots on the reservation at the mouth of Conewango Creek, the town to be called " Warren."
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In each case the lands should be laid out into town-lots and out-lots, with streets, lanes, and alleys, and reservations for public uses, as the Com- missioners should direct; no town-lot to contain more than one-third of an acre, and no out-lot more than five acres, and the reservations for pub- lic use not to exceed ten acres. The streets, lanes, and alleys were established as common highways forever.
A draft and report of the survey in each case (Franklin and Warren) were required to be re- turned and filed, and the Governor to proceed to sell at public auction and convey to the pur- chasers one-third of the town-lots and one-third of the out-lots in like manner, power, and autho- rity, and subject to like regulations, terms, condi- tions, and forfeiture, as provided in relation to the town- and out-lots at Presque Isle.1
1 None of the returns of surveys by John Adlum, of the reser- vations at Erie, Waterford, Warren, and Franklin, are to be found in the Land Office, except that at Waterford. It is supposed they were lost when the Rebels raided Pennsylvania, or so displaced they cannot be found. All the papers of the Land Office were hurriedly thrown into boxes, barrels, and hogsheads, and carried to a place of safety. The head fell out of a hogshead, and possi- bly other accidents happened. The papers dropped out and were scattered and torn. On their return many papers were found in pieces, and others were not to be found at all.
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As to the reservation at Le Bœuf, a different provision was made. The ninth section recited the survey of a town by Andrew Ellicott at Le Bœuf, near the head of navigation of French Creek, and the plan communicated by the Gov- ernor to the Assembly and approved. It then enacted that the plan of the town so surveyed being first recorded in the office of the Secretary of the Commonwealth, and the original deposited in the office of the Surveyor-General, should be fully ratified and confirmed, as if made in pursu- ance of a previous law. The Commissioners were required, further, to survey five hundred acres adjoining the town plot for out-lots, with streets, lanes, and alleys ; no out-lot to contain more than
The description, as taken from Adlum's survey of the reserva- tion at Le Bœuf (now Waterford), is as follows :-
Beginning at east branch of Le Bœuf or French Creek at a sugar tree, thence north eighty-one perches to a hemlock, west one hundred and thirty-four perches to a white oak, north one thou- sand one hundred and thirty perches to an ash, east two hundred and seventy perches to a white pine, south one hundred and sixty perches to a post, east two hundred and seventy perches to a white pine, south one hundred and sixty perches to a post, east two hun- dred perches to a black ash, south one hundred and five perches to a white thorn, east forty perches to a beech, south seven hundred and thirty-two perches to a hickory, thence down French Creek to the beginning, containing three thousand and seventy-three acres and one hundred and fourteen perches.
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five acres, and the reservation for public uses not to exceed in the whole ten acres. The town was to be called Waterford, and the streets, lanes, and alleys of the same and of the out-lots to be com- mon highways forever.
A further provision for Waterford was a right of preemption to those who had built houses on the lots therein. The Governor was required to sell at public auction one-third of the lots, and one-third of the out-lots, exclusive of the reserved lots, and of those appropriated to settlers, in like manner and subject to like regulations, restric- tions, terms, conditions, and forfeitures touching the survey, return, sale, and conveyance of the town and out-lots at Presque Isle.
It was provided as to all these towns that one- half of the town-lots and the out-lots to be sold in pursuance of the Act, should be sold in the city of Philadelphia, one-fourth in Carlisle, and one- fourth in Pittsburgh.
The remainder of the Act relates to the military establishments at Fort Le Bœuf, and a fort to be established at Presque Isle.
A cession was also made to the United States for military purposes of two out-lots of the town of Franklin by Act of Feb. 1, 1796.1
1 3 Smith's L. 261.
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SETTLEMENT, AND LAND TITLES.
The next legislation was a general Act for sell- ing the reserved tracts at Erie, Franklin, Warren, and Waterford, April 11th, 1799.1 It provided for actual surveys of the parts of these reservations not before laid out in town- and out-lots not ex- ceeding one hundred and fifty acres in each, desig- nating in the drafts the quality of cach as first, second, and third quality. It granted five hun- dred acres to be laid off in each reservation for the use of such schools or academies as might be established by law in the said several towns. The surveys were to be returned to the Surveyor-Gene- ral, and general drafts thereof to the office of the Secretary of the Commonwealth.
After these drafts were lodged as stated, copies were to be transmitted by the Governor to the Commissioners for sales of the towns; who were to give notice of the opening of the books, and the terms of sale were one-fifth of the purchase- money in hand, one-fifth in twelve months, one- fifth in two years, and the remainder in three years. No contract for sale was to be complete for fifteen days after the opening of the books and then the highest price offered to be accepted. The mode of proceeding by the Commissioners was pre- scribed. The following important condition was
1 3 Smith's L. 381.
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declared. No title should vest unless the pur- chaser within three years after purchase made an actual settlement thereon, by clearing, fencing, and cultivating at least two acres for every fifty acres contained in one survey and erecting a mes- suage fit for the habitation of man, and residing thereon for five years from his first settlement. In default of such actual settlement, residence, and improvement, the purchaser should forfeit all pay- ments, and the land be open to sale again.
The 4th section required the Governor to ap- point four resident Commissioners in each town, who with two to be appointed by the Judges of the Common Pleas of Allegheny County, should appraise all the in- and out-lots in Franklin, War- ren, and Waterford, and the first section in Erie, and out-lots adjoining. The Commissioners were to advertise the town for sale on the terms one- third of the purchase-money payable in hand, one- third to the Receiver-General in twelve months, and the remainder in eighteen months, for which bond should be given by the purchasers, the Gov- ernor to grant patents at the expiration of the eighteen months if the purchase-money be paid.
Provision was made that those who had pur- chased lots in the second and third divisions of Erie might exchange for lots in the first division at the same price they had paid. Those who had
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paid for or improved forfeited lots should have a preemption at the prices they sold for at former sales, provided they applied within three months after the passage of the Act.
The 6th section provided for the sale of the lot of ground reserved in Erie at the mouth of Cas- cade Creek at a price not less than fifty dollars an acre.
The Act of 19th Feb. 1800' repealed so much of any law which imposed on purchasers of lots in Erie, Franklin, Warren, and Waterford the con- dition of improving the same, and which prohibited the issuing of the patent without proof of such improvement. It extended also the time of appli- cation of those entitled to the preemption of for- feited lots to twelve months. This period was also extended by Act of 26th Feb. 1801, for one year from that date.2
By the Act of 29th March, 1805,3 the first sec- tion of the town of Erie was incorporated into a borough. This law conferred on the borough cer- tain powers over parts of the reserved land for water-lots and wharves.
Two thousand dollars arising from sales of lots and out-lots in Erie were appropriated to public
1 3 Smith's L. 411. 2 Ib. 412, note.
3 P. L. 1805, p. 176.
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county buildings in Erie. Act of 16th March, 1807.1
A supplement, March 20, 1811,2 provided for the appraisement and sale of all the in-lots in squares, and the out-lots in the second extension of Erie. Two reputable citizens were to be appointed by the Governor, who, with the Commissioners of sales, should make the appraisement. The Commis- sioners were then to advertise and open books, and the highest price offered within sixty days was to be accepted, payable one-third in hand, one-third to the Secretary of the Land Office in twelve months, and the remaining one-third in two years -bonds to be taken and transmitted to the Secre- tary of the Land Office, and patents granted at the expiration of two years if purchase-money be paid.
This Act also provided that a part of the beach for twenty perches back from the water's edge, and from the upper corner of the Garrison tract down to lot No. 38, the property of John Kelso, should be and remain a public landing for the use of the public, until otherwise appropriated by law, and provided penalties for any obstruction thereof.
The State also ceded to the United States the use and occupancy of a part of the Erie reserva- tion, containing not less than two nor more than
1 P. L. 1807, p. 74. 2 5 Smith's L. 212.
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four acres for the site and erection of a lighthouse, to be laid off by Daniel Dobbins, James Weston, and James Pollock, as Commissioners, upon con- sultation with at least three of the captains or commanders of vessels. A plat or draft was to be made of the lot and transmitted to the Secretary of the Treasury of the United States. Act of April 2, 1811.1
The United States, having long before ceased to maintain a garrison at Presque Isle, and having vacated the lots at Waterford reserved for the use of the United States by Act of 18th April, 1795, and the buildings fast going to decay, in order to preserve them the State by Act of 20th March, 1812,2 provided Commissioners, viz., Thomas Wil- son, John Boyd, and John Lytle, to take charge of the property with power to lease, receive the rents, and pay them to the Treasurer of Erie County for the use of the county; the leases to be relinquished whenever the property should be wanted for the use of the United States or any other purpose. Provision was also made by the 3d section of the Act of 31st March, 1812,3 for issuing patents for fourteen out-lots of five acres each adjoining the out-lots of the first section of the town of Erie, not included in Thomas Ree's
1 5 Smith's L. 263. 2 Ib. 337. 3 Ib. 381.
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114 SETTLEMENT, AND LAND TITLES.
survey, sold by the Commissioner of Sales without authority of law.
An enabling Act, passed February 5, 1817,1 authorized the borough of Erie to lease several, not exceeding ten, water-lots to the United States for a term not exceeding twenty-one years, and appropriate the rents to the improvement of the borough.
By the Act of 25th March, 1817, incorporating an academy to be established at Erie, the five hun- dred acres appropriated out of the reserved land at Erie for the use of an academy in the Act of 11th April, 1799 (3 Smith's L. 381), were granted to the incorporated academy. Certain other lots, by number, were also granted to the academy, on which to erect buildings. A supplement" vested in the Trustees lot No. 2544, and empowered them to sell fifteen other lots in Erie, and with the proceeds to purchase four other lots.
These Acts relating to the academy at Erie were followed by the Act of 28th March, 1820,4 authorizing the Trustees to receive $2000 out of the balances unpaid on out-lots in the reservation at Erie for which patents had not been granted. Various provisions to carry this into effect were added.
A supplement to the Waterford Act authorized
1 6 Smith's L. 398. 2 P. L. 1817, p. 302.
3 7 Smith's L. 424. 4 P. L. 1820, p. 174. 3 Ib.
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the Secretary of the Land Office to issue a patent to the Trustees of the academy at that place for eight lots in Waterford marked B, in the general plan on which the United States buildings had stood, to be disposed of by the Trustees as they should think best for the academy.
A further supplement authorized the Trustees of the Waterford Academy to sell to the best advan- tage and convey the tract of five hundred acres laid off, in the reserved tract adjoining Waterford, under the Act of 11th April, 1799, for a price not less than ten dollars an acre, and the proceeds in- vested for the use of the academy. Act 24th Feb- ruary, 1820.1
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