USA > Pennsylvania > A pioneer outline history of northwestern Pennsylvania > Part 6
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" The Indian claim of right to the soil of Pennsylvania, within its charter limits, had thus, in a period of a little more than one hundred years, ceased to exist. A glance at a map of the State will show that within the magnificent domain that comprises the purchase of 1784 are to be found at the present day the counties of Tioga, Potter, Mckean, Warren, Crawford, Venango, Forest, Clarion, Elk, Jefferson, Cameron, Butler, Lawrence, and Mercer, and parts of the counties of Bradford, Clinton, Clearfield, Indiana, Armstrong, Allegheny, Beaver, and Erie .* This large and important division of our great Commonwealth, now teeming with population and wealth, the abiding- place of a noble civilization, and containing within its boundaries thousands upon thousands of homes of comfort and many of elegance and luxury, fertile valleys to reward the labor of the husbandman, thriving villages, busy towns, and growing, bustling cities, was, in 1784, largely an uninhabited and untrav- ersed wilderness.
"LANDS EAST OF THE ALLEGHENY RIVER AND CONEWANGO CREEK
" The General Assembly of the State did not delay in enacting laws which would open to settlers and purchasers that part of the late acquisition that had not been otherwise appropriated. As a matter of fact, in anticipation of the purchase, an act was passed on the Ist day of April, 1784, in which it was provided that as soon as the Indians were 'satisfied for the unpurchased lands,' the supreme executive council should give official information thereof to the surveyor-general, who was then to appoint district surveyors to survey all such lands within the purchase as should 'be found fit for cultivation.' The tracts were to contain not more than five hundred nor less than two
* See accompanying map, which shows the extent of the purchase.
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HISTORY OF NORTHWESTERN PENNSYLVANIA
hundred acres each, and were to be numbered on a general draft of each dis- trict. When a certain number of lots were surveyed, they were to be sold at public auction, the purchaser having the privilege of paying one moiety at the time of purchase and receiving a credit of two years for the other moiety. The mode of disposing of the lands thus indicated was soon changed by sub- sequent legislation. By an act passed December 21, 1784, to amend the act of April 1, the provisions of the law for sales by public auction and the giving of credit were repealed. Section 6 of the act provided that the land-office should be open on the Ist day of May, 1785, to receive applications for lands at the rate of £30 * for every hundred acres of the same, and that the survey of an application should not contain more than one thousand acres, with the usual allowance of six per centum for highways. This act was intended to apply to all lands within the purchase, except the lands north and west of the Ohio and Allegheny Rivers and Conewango Creek (which, as already men- tioned, had been appropriated for the redemption of depreciation certificates and for the donations of land to the soldiers of the Pennsylvania Line) and the disputed territory between Lycoming and Pine Creeks. By Section 7, a warrant issued in pursuance of the act was not descriptive, and was not confined to any particular place, but could be located on any vacant land, not within the excepted districts, that the applicant might select. Sections 8, 9, and 10 of the act provide for the persons who occupied lands between Ly- coming and Pine Creek, in violation of the proprietary mandate. The situa- tion of these settlers was peculiar. When the disagreement in regard to the purchase lines of the purchase of 1768 occurred, the proprietaries, always extremely anxious to avoid giving offence to the Indians, decided to withhold the territory between the two streams from sale and settlement until the differences could be properly adjusted by mutual agreement. Though many applications for land west of Lycoming Creek were on file, surveys would not be accepted, and at the same time stringent orders were issued protesting against persons making settlement beyond that stream, and warning those already there to depart. In defiance of warnings, protests, and proclamations, however, many sturdy, self-reliant men persisted in occupying the forbidden ground, where they found themselves beyond the bounds of lawful authority, and could not expect to receive encouragement or protection from the pro- prietary government. But with the energy and courage common to pioneer settlers they at once began the work of subduing the wilderness and building homes for their families, and from accounts that have come down to us, the little community, if it did not live in luxury, was at least able to earn a sub- sistence that was not meagre in quantity, whatever may have been its quality. Being without law or government, the members of the community were com- pelled by the necessities of their situation and surroundings to adopt a system
* In Pennsylvania currency this was at the rate of eighty cents an acre.
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HISTORY OF NORTHWESTERN PENNSYLVANIA
of government of their own, the details of which are not fully known. All, however, were under solemn obligations to support and defend their agreement for mutual support and protection. They called themselves Fair-Play Men, and it is known that annually they elected three of their number to constitute a court, which held stated meetings to dispense justice. To this tribunal all disputes and controversies were referred for settlement, and from its decisions there was no appeal. A stranger coming among them was obliged to appear before the court and promise under oath to submit to the laws of the com- munity. If he did this, he could remain, take possession of unoccupied land, and receive assistance in building his cabin. If he would not take the obliga- tion, he was quickly notified to absent himself without delay, which he usually did, without awaiting the call of a committee, whose methods of expulsion might be none too gentle. Many of these brave frontiersmen served in the army during the Revolutionary War, and Section 8 of the act recited that by reason of their services as soldiers, they merited the 'pre-emption of their respective plantations.' Sections 9 and 10 of the same act allowed a pre- emption to all settlers and their legal representatives who had settled on the lands between the two streams prior to the year 1780, limiting each claim to three hundred acres, providing that the application should be made and the consideration paid on or before November 1, 1785. It will be remembered that the time fixed by the act of December 21, 1784, for the land-office to be opened to receive applications was May I, 1785. Before that day arrived, however, the Legislature passed another act, which, in many respects, changed the policy previously pursued in disposing of unappropriated lands. This act became a law on the 8th day of April, 1785, and with it came the practice, as provided in the act, of numbering all warrants for land in the last purchase to the east of the Allegheny River and Conewango Creek, a change in practice that has always been regarded as a valuable improvement on the old system. The act is entitled ' An act to provide further regulations, whereby to secure fair and equal proceedings in the land-office, and the surveying of lands.' It was believed that when the office was opened on the day fixed by the law, numerous applications would be made at the same time, and that preference would necessarily be given to some persons to the disadvantage of others, and thereby cause dissatisfaction. In order to prevent any one from profiting by such preference, it was enacted in Section 2 of the act that the priority of all warrants to be granted on applications received during the first ten days after the opening of the office should be determined by a lottery to be drawn under the supervision of the Secretary of the Land-Office. Not more than one thousand acres were to be included in one application, and the warrants were to be numbered ' according to the decision of the lottery.' For conducting the lottery the section contains minute directions. All applications made after the expiration of ten days were to have priority according to the order in which they came into the hands of the Secretary, and were to be numbered accord-
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HISTORY OF NORTHWESTERN PENNSYLVANIA
ingly. The other sections of the act relate mainly to the duties of the surveyor- general and the deputy-surveyors to be by him appointed, and the way in which surveys were to be made and returned. It also prescribes the fees to be received by the officers of the land-office and the deputy-surveyors, and attaches the territory east of the Allegheny River and Conewango Creek to Northumberland County, a part of which county it remained until Lycoming County was formed in 1795, when it became part of that county. The remain- ing portion of the purchase was attached to Westmoreland County, and so continued until Allegheny was formed in 1788, when it was included in the boundary of that county. The applications received during the first ten days from the opening of the office were listed and numbered, placed in the lottery- wheel, and drawn therefrom in the manner provided by the second section of the act. They numbered five hundred and sixty-four, and warrants for that number of tracts were issued, and received a number that corresponded with the number drawn from the wheel. These warrants were called ' North- umberland County Lottery Warrants,' and under that designation are yet carried on the warrant registers of the office. They could be, and were, located in such localities within the purchase east of the Allegheny River as the owners might select, except on a reservation of one thousand acres at the forks of Sinnemahoning Creek, for which General James Potter held a pre-emption.
" The surveyor-general had authority to appoint deputy-surveyors, and to fix the number, extent, and boundaries of the districts to which they were to be assigned. The territory was divided into eighteen districts, and a deputy- surveyor appointed for each. These districts were numbered consecutively, beginning with No. I on the Allegheny River, and running eastward to No. 18, which extended to the north branch of the Susquehanna in the northeast corner of the purchase. This arrangement of the districts continued until after the year 1790, when a change was made by the surveyor-general. The number of districts was then reduced to six, and were numbered westward from district No. I, beginning at the mouth of Lycoming Creek. In the new arrangement John Adlum was appointed deputy-surveyor for district No. I, John Broadhead for No. 2, John Canan for No. 3, James Hunter for No. 4, William P. Brady for No. 5, and Enion Williams for No. 6, on the Allegheny River. In 1793 John Adlum, whose surveys were principally along the north- ern line of the State, was succeeded by William Ellis, and Enion Williams by John Broadhead. After the drawing of the lottery warrants the business of the land-office does not appear to have been very pressing. It would seem that at the price fixed by the act of December, 1784-£30 per hundred, or eighty cents an acre-purchasers were not numerous. The records show that from the time of the drawing and issuing of the lottery warrants in May, 1785, down to the year 1792, not more than four hundred warrants were granted for these lands, and among these warrants were many to religious and educa-
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HISTORY OF NORTHWESTERN PENNSYLVANIA
tional institutions issued under various acts of endowment. There were thirty-two to Dickinson College,-twenty-eight of three hundred acres each, and four of four hundred acres each, making in all seven thousand acres; the Episcopal Academy had thirty-three warrants,-thirty-two of three hundred acres each, and one of four hundred acres, making ten thousand acres; the Lutheran congregation, of Philadelphia, ten warrants of five hundred acres each, making five thousand acres ; the Pittsburg Academy, ten warrants of five hundred acres each, making five thousand acres; the Washington Academy, ten warrants of five hundred acres each, making five thousand acres; the Reading Academy, seven warrants,-three of one thousand acres each and four of five hundred acres each, making five thousand acres; and Franklin College thirty-three warrants of three hundred acres each, and one of one hundred acres, making ten thousand acres,-making in the aggregate one hundred and twelve warrants for fifty-two thousand acres of land.
" It had now become apparent to the authorities that the price of land was too high to induce investments of money in them, and that the General Assembly must fix a lower rate to promote sales. Benjamin Franklin, the president of the Supreme Executive Council, under date of February 23, 1787, addressed a letter to that body in which he says, 'We are convinced that it will be of advantage to the State to lower the price of land within the late Indian purchase; only eight warrants have been taken out for lands these six months passed.' * The Legislature accordingly passed an act, October 3, 1788, to reduce the price from the rate of £30 per hundred acres to £20. This rate was to be charged after March 1, 1789, and was a reduction from the old rate of eighty cents an acre to fifty-three and one-third cents an acre. This rate continued until April 3, 1792 ; but, contrary to expectations, did not have the effect of increasing sales, and, therefore, brought little or no change in the business of the office. By another act, passed April 3, 1792, the price was again reduced. The rate fixed by this act was £5, or $13.337/3, for each hun- dred acres, and at this rate sales almost astonishing in extent were made, and the years 1792-93-94 proved to be noted and important years for disposing of unappropriated lands. The low price at which lands could now be bought. and the alluring prospect of a large increase in their value, undoubtedly induced many large purchasers to enter their applications. The applications received at the land-office were for a large number of tracts, and in the course of the years named more than five thousand warrants of nine hundred and one thousand acres each, covering almost five million acres, were granted for lands north and west of the purchase line of 1768, and east of the Allegheny River. These were all numbered in consecutive order, as required by the act of April, 1785, and were sent to the deputy-surveyors of the six districts to be executed. They were issued in the names of a comparatively small number
* Colonial Records, vol. xv. p. 167.
5
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HISTORY OF NORTHWESTERN PENNSYLVANIA
of persons, but the holdings, as a rule, were very large. While it would be tedious to give the names of all the holders of these warrants, generally called ' late purchase warrants,' it may not prove uninteresting to mention a few of those whose purchases were more than usually large, if only to show that a spirit of speculation may have existed in those days, even as it does at the present time. The first to be mentioned will be the warrants issued in the names of Wilhelm Willink, Nicholas Van Staphorst, Christian Van Eeghan, Pieter Stadnitski, Hendrick Vollenhoven, and Ruter Jan Schimmelpenninck. These gentlemen were merchants of the city of Amsterdam, Holland. In the land history of Pennsylvania they are known as the 'Holland Land Company,' and through agents they invested a large amount of money in land in the purchase of 1784. The warrant registers show that in the three years, 1792- 93-94, they paid for and received eleven hundred and five warrants of nine hundred acres each, aggregating nine hundred and ninety-five thousand four hundred acres of land lying east of the Allegheny River. These warrants were divided among the deputy-surveyors of the six districts. James Wilson was another large owner of warrants, the number held by him being five hun- dred and ten, of nine hundred acres each, making four hundred and fifty-one thousand acres. Herman Le Roy and Jan Lincklean, A. Z., also of Amster- dam, three hundred and three warrants of nine hundred acres each, making two hundred and seventy-two thousand seven hundred acres. John Nicholson, three hundred warrants of one thousand acres each, making three hundred thousand acres. Thomas M. Willing, three hundred and eleven warrants of one thousand acres each, making three hundred and eleven thousand acres. George Meade, three hundred and six warrants of one thousand acres each, making three hundred and six thousand acres. Robert Gilmore, two hundred warrants of one thousand acres each, making two hundred thousand acres. Samuel Wallis, one hundred warrants of one thousand acres each, making one hundred thousand acres. William Bingham, one hundred and twenty-five warrants of one thousand acres each, making one hundred and twenty-five thousand acres. Robert Morris, one hundred and eighty-five warrants, one hundred and forty-one of one thousand acres each, and forty-four of five hun- dred acres each, making one hundred and sixty-three thousand acres. The magnitude of the purchases made by a few individuals is here clearly indi- cated. There were, however, other large purchasers, such as Robert Black- well, John Olden, Charles Willing, Philip Nicklin and Robert Griffith, James Strawbridge, Jeremiah Parker, and others whose names we are obliged to omit. The surveys generally were carefully and correctly made, and, consid- ering the extent of territory covered by them, and the large interests involved, no great amount of litigation from conflicting locations afterwards grew out of defective or careless work by the surveyor, as was too often the case with surveys made in other sections of the State. In 1817 the price of the lands was again changed to twenty-six and two-thirds cents an acre, to correspond
66
NE W
YORK
ERIE
Sp. Miles 914- Acres 584.960 WARREN 1795
Sp Miles 1007- Acres 644 480- MCKEAN SMETHPORT 1807
MARCH-26-1804.
50 Miles 1124 Acres 719.360- TIOGA
MARCH 12-1800 ALLEGHENY.
WARREN MARCH-12-1800. ALLEGHENY&LYCOMING.
MARCH 26-1804 LYCOMING
POTTER
WELLSBORO-1806- MARCH-26-1804- LYCOMING
1
MEADVILLE 1795 Sp. Miles 1005. Acres 643 200-
Sp Miles 658- APR- 11-1848.JEFFERSON. | APRIL-18-1843
FOREST
ELK
5Acres 421.120- VENANGO
Sp Miles 774.
/861-
1
MARCH- 12-1800. ALLEGHENY
FRANKLIN-1795 MARCO.12-1800- ALLEGHENY. 86 MAR-11-1839 LYCOMING ARMSTRONG
IVENANGO
LYCOMING
-
CLARION BROOKVILLE
CLEARFIELD
· /830
MAR. 20 - 1848 BEAVER & MERCER/ Sp. Miles-814- NEW CASTLE 1802 Acres 520 960-
CLARION1839' 50 Miles 572- Iches 366080-
JEFFERSON DUBOIS
LAWRENCE
BUTLER
: 370 Miles 646-1 Acres 413. 440 - .
Sp. Miles 376- Acres240640- ---
BUTLER /803 |ARMSTRONG
.
MARCH-12-1800
BEAVER BEAVER ·
ALLEGHENY
ALLEGHENY
MAP OF NORTH WESTERN PENNSYLVANIA OR THE PURCHASE OF 1784 BY
ALLEGHENY
NAMES of COUNTIES DATE of CREATION COUNTY SEATS &WHEN LAID OUT
w.m. Buyther.
D
CRAWFORD
275840-
yves 4 37. A327
WAR29-1860 Acres 685,440 EMPORIUM 1
TIONESTA-1852 MARIEN-1849-
Acres 5495.360 - 30 Miles 381-
RIDGWAY-1833
CAMERON
JEFFERSON.CLEARFIELD 1
CLINTON
MERCER
MARCH-26-1804 MCKEAN
· CLINTON
ELK-NSTE AN
POTTER
43 840
MERCER 1803 Sp Miles 666. Acres 426 240-
-
-NOTE- A portion of the following Countiesare Included in this purchase - Viz., Bradford-Clinton- Clearfield-Indiana- Armstrong-Erie- Lycoming-Beaver- and Allegheny-
--
INDIANA
LYCOMING
Sp Miles 1071
BRAD -FORD TOWANDA ..
LYCOMING
COUDERSPORT-1807-
HISTORY OF NORTHWESTERN PENNSYLVANIA
with the price in the older purchases. At the same time warrants were made descriptive, and have since been carried in the warrant registers by counties. The surveys made on the numbered warrants did not appropriate all the land within the limits to which they were restricted, and since then many warrants have been granted in all the counties erected from the territory that in 1785 was made to form a part of the county of Northumberland.
"LANDS NORTH AND EAST OF THE OHIO AND ALLEGHENY RIVERS AND CONE- WANGO CREEK
" After the surveys of the tracts to be sold for the redemption of depre- ciation certificates and the donation lots to be given to the soldiers of the Pennsylvania Line had been made, there remained in this part of the purchase a large surplus of lands to be otherwise appropriated. The Legislature, on the 3d of April, 1792, passed an act for the sale of these lands, entitled 'An act for the sale of vacant lands within this Commonwealth.' This act differs from all previous laws for disposing of the public lands, by providing that they should only be offered for sale to such persons as would 'cultivate, improve, and settle the same, or cause the same to be cultivated, improved, and settled.' The price fixed was f7 Ios. in Pennsylvania currency, for every hundred acres, or in other words, twenty cents an acre, and the warrants were limited to four hundred acres each. The surveyor-general was authorized to divide the territory offered for sale into proper and convenient districts and appoint deputy-surveyors, who were to give the customary bond for the faith- ful performance of their duties. They were to execute warrants according to their priority, but 'not to survey any tract actually settled and improved prior to the date of the entry of such warrant with the deputy, except to the owner of such settlement and improvement.' The territory was divided into eleven districts, and a deputy-surveyor appointed for each; Thomas Reese for dis- trict No. I, William Powers for No. 2, Benjamin Stokely for No. 3, Thomas Stokely for No. 4, John Moore for No. 5, Samuel Nicholson for No. 6, John McCool for No. 7, Stephen Gapen for No. 8, Jonathan and Daniel Leet for Nos. 9 and 10, John Hoge for No. II.
" By Section 8 of the act, on application being made to the deputy- surveyor of the proper district by any person who had made an actual settle- ment and improvement, that officer, on being paid the legal fees, was required to survey the lines of the tract, not exceeding four hundred acres, to which such person may have become entitled by virtue of his settlement. Many such surveys were returned to the land-office and constituted pre-emptions to per- sons for whom they were made. Some of the tracts thus returned still remain unpaid, as a glance at the land lien docket of the land-office will show. By Section 9, no warrant or survey made in pursuance of the act was to vest title to the lands unless the grantee had, 'prior to the date of such warrant made, or caused to be made, or should within the space of two years next after
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HISTORY OF NORTHWESTERN PENNSYLVANIA
the date of the same, make, or cause to be made, an actual settlement thereon, by clearing, fencing, and cultivating at least two acres for every hundred acres contained in one survey, erecting thereon a messuage for the habitation of man, and residing or causing a family to reside thereon, for the space of five years next following his first settling of the same, if he or she shall so long live.' In default of such actual settlement and residence the right was forfeited, and new warrants, reciting the original warrants and the lack of compliance with the requirements of the act, could be granted to other actual settlers. It was provided, however, 'that if any actual settler or any grantee in any such original or succeeding warrant, shall by force of arms of the enemies of the United States, be prevented from making such actual settle- ment, or be driven therefrom and shall persist in his endeavors to make such actual settlement as aforesaid, then, in either case, he and his heirs shall be entitled to have and to hold the said lands in the same manner as if the actual settlement had been made and continued.' Under the provisions of this act many surveys, as already stated, were returned for actual settlers, and many warrants were taken out immediately after its passage. The warrants were for four hundred acres each, and immense numbers of them in fictitious names, in which great families of Inks, Pims, etc., appear, were taken out by a few individuals. For instance, the Holland Land Company, previously mentioned, again appears in the territory west of the Allegheny. That company alone took out eleven hundred and sixty-two warrants representing four hundred and sixty-four thousand eight hundred acres of land, and making the entire purchases of the company from the State amount to more than one million five hundred thousand acres. John Nicholson was another purchaser who held a large number of these warrants. To the 'Pennsylvania Population Company' he assigned one hundred thousand acres lying principally in the present County of Erie, and proposed to assign two hundred and fifty thousand acres lying along Beaver Creek and the western line of the State to another of his land schemes called the 'North American Land Company.' The warrants all contained the actual settlement clause, but not any of the large owners of war- rants made the slightest pretence of complying with it. Owing to the disturbed condition of the western border at the time it was impossible to do so. A state of war existed with the western Indians. The United States forces had met with serious reverses in the defeat of Harmer and St. Clair in 1791, and it was not until after Wayne's treaty, in December, 1795, gave peace and safety to the borders that settlers with their families could enter upon those lands free from the fear and danger of Indian incursions.
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