USA > Pennsylvania > Erie County > A twentieth century history of Erie County, Pennsylvania : a narrative account of its historic progress, its people, and its principal interests, Volume I > Part 26
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But what was Cranberry Day, and why was Cranberry Day?
Cranberry Day was the beginning of the open season for cranberry picking on the peninsula. The act passed by the state legislature in 1841 declared it to be contrary to the peace and dignity of the commonwealth and subversive of the good order of the community as well as of the great state of Pennsylvania for any person to pick cranberries on the peninsula of Presque Isle between the first of July and the first Tuesday in October of each year, and the first Tuesday of October was therefore a day of great rejoicing and a holiday to the dwellers in Erie and the strang- ers within their gates. It was Cranberry Day, and the manner of its cele- bration may be told presently. But meanwhile a word about the cran- berry and its especial habitat in this vicinity.
It may not be especially illuminating to state that the cranberry is Vaccinium macrocarpon of Aiton, for that is neither here nor there; but it is here or there to know that the cranberry grows on the peninsula ; that it is found in many places there, from end to end of that tract of land wherever the conditions are favorable for its growth. But in the olden time there was one especial place designated as the cranberry marsh (with the accent on the "the," and the marsh sometimes pronounced "mash").
The big cranberry marsh was as near the middle of the peninsula as anything could well be. Let us try to locate it to those who have a little knowledge of the topography of the peninsula. Directly opposite the public dock, as may be seen from the bluffs at the foot of State or Peach street there is a pond extending some distance up or back into the pen- insula. It is of considerable area and extends. as open water, bog and swale, back to a wooded ridge that extends east and west for a long dis- tance. It is a ridge of sand generally four or five feet in height-in Vol. 1-15
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some few places as high as 15 feet-which begins a short distance in from Misery bay and extends perhaps a couple of miles to the westward until lost in the woods. Just beyond this ridge there is a depression that begins at a point that might mark the place where a straight line extended from French street would cross it. From this point the big marsh stretches away to the west a distance of nearly a mile, with a width of a furlong or so. Near the eastern end there is a small landlocked pond, but most of the area of this stretch of low, level land is bog. Forty years ago, standing near its eastern end one could see almost to its farthest extremity and the surface had the appearance of a low green meadow. The trailing cranberry plants then constituted its chief vegetation. Now it is different. The view is limited by the clumps of willow, or alder or young poplar (principally cottonwood or aspens) that have been ap- propriating the ground, while over the most of the still open space the choke-berries, button-bush, ilex and Virginian cherry are fast taking pos- session.
But how was this marsh reached, being in the heart of the peninsula ?
There were a variety of roads, all centering in the marsh. That most traveled was reached by landing at the head of Misery bay, the spot where the light-keeper's boathouse is now located. Passing across the bit of low ground that is encountered as soon as the beach is left, and then turning toward the west, a short distance, brings one to the end of a ridge of sand, the sides covered with trees and shrubbery, interlaced with grape vines, greenbriars, bittersweet and other woody climbers and the summit adorned with a long row of giant cottonwoods that stand, half solitary, as markers of the trend of the ridge upon which they grow. The plank walk that now leads to the light house on the northern shore of the peninsula, skirts the end of the ridge and then parallels it for a con- siderable distance.
Beginning at the end of the ridge the trail proceeds, upon the sum- mit most of the way, leading directly to the big cranberry marsh. It is a path easy to follow, notwithstanding it is for long distances com- pletely overhung with the growth of choke-cherry, poison ivy and other shrubs with which it is bordered. This, which was the Misery bay route, was most followed-indeed, only the initiated sought the marsh by any other avenue.
But there were other ways to get there and an excellent one was to row up into the first pond, or little bay, pass through a channel or canal to the east, and, passing in a northerly direction, enter a beautiful little pond that extended up to and washed the steep sides of the main ridge. of which mention has already been made-the same ridge as that up which the route from Misery bay leads. The point of debarcation is near the upper end of the pond, at the point long occupied by the light- keeper's boat house. From the landing to the cranberry marsh the dis- tance is only a couple hundred yards.
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A third way of reaching the marsh was to pass in through the channel that enters the peninsula from the western bight of Misery bay, row northward through the pond that is reached by this route, and then, forc- ing the boat through the shrubbery and between the tussocks of sedge, effect a landing near the upper end, which is within a few steps of the main path on the ridge, and about half way up to the marsh.
Yet another way was to land up in Big Bend and walk directly across through the big woods to the head of the marsh. But this was the most difficult of all and none but those well posted in woodcraft un- dertook it.
So here we have one direct route and a number of more or less obscure paths all leading to the cranberry marsh. These obscure paths had much to do with Cranberry Day, for had it not been for these paths and the fact that they gave the poachers secret admission to the ground and opportunity to surreptitiously gather the crop, there would have been no need to enact a law for the protection of the interests of others in the cranberries.
A law, I said. The plural term should be employed, for the laws became numerous as the cranberry interest developed importance.
The earliest of laws relating to the peninsula had to do with guard- ing the timber from the depredations of irresponsible parties. It was as early as in 1833 that R. S. Reed was appointed commissioner by act of the state legislature to have charge of the peninsula and protect it from depredations that might endanger its growth of woods. The cranberry crop was not mentioned, however, until 1841, but there can be no doubt that the reason for the passage of the act specifying a closed season was because there were greedy people ready to forestall their fellow citizens.
The act of the legislature, however, proved inadequate, and it is to be presumed that it was because that act seemed impotent that the more powerful council of Erie was appealed to. At any rate, the business of gathering the cranberry crop clandestinely had been proceeding pretty steadily. To remedy this state of affairs the councils of Erie, in 1865, passed the following ordinance :
"That it shall be the duty of the committee of councils on public grounds to sell at public auction at the market house in the city of Erie on the first Saturday of July in each year hereafter or on such other day as such sale may be adjourned to, to the highest and best re- sponsible bidder or bidders the right to pick and gather and appropriate to his, her or their own use, all the cranberries growing or being upon the is- land or peninsula opposite to the city of Erie, and the person or persons who become the purchaser or purchasers of said right shall be invested with full property in the said cranberries for the year for which the same are sold and shall have the powers and authority of police officers of said city in and upon the said island or peninsula, with full power to arrest and bring forthwith before any magistrate of said city any person or persons
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guilty of taking or carrying away any of the cranberries growing or being upon said island, other than the purchaser or purchasers or those duly authorized by him, her or them to do so, and also with the power to ar- rest and bring before the proper authority any person or persons who shall violate any of the provisions of this ordinance or any of the ordin- ances of said city relating to said island or peninsula."
The conditions added were: That berries were not to be picked be- fore the first Tuesday of October ; the purchaser to faithfully guard the peninsula and its timber ; provides a fine of $20 to $100 for the offense of picking cranberries before the first Tuesday of October ; that the same penalty shall attach to any person who shall pick cranberries after the first Tuesday in October without consent of the purchaser ; provides imprison- ment for violators of the ordinance of 1860; to protect the trees and shrubs of the peninsula ; and, finally, that one-half of the fine imposed shall go to the informer in a case of violation.
Here was a rather radical proceeding on the part of the city; but it must not be overlooked that in those days Erie was pretty much the whole thing in this locality, and, besides, if the city government did not take a fatherly interest in the peninsula who would? Harrisburg was too far away and the governor was not familiar enough with the situation to look after its welfare as we here on the scene were. Therefore the action of councils.
But the ordinance did not work satisfactorily at all. The poachers continued to be too active. They employed a device called a rake. It was on the principle of a scoop-shovel, consisting of a wooden rake or comb, with long fingers, forming one side of a box that was provided with a handle behind, so that it was possible to scoop or comb or rake the vines, obtaining the berries by wholesale. Thus the purchaser of the right to pick berries was defrauded, and the ordinance was nullified.
But there was another and a strong objection. The course provided by the ordinance took the fruit away from the people, and there was a protest. In pursuance of this Mr. Phineas Crouch introduced in Select council the following. resolution, which was adopted September 16, 1867:
"That the city solicitor shall be required to frame an ordinance that shall secure to all the right and opportunity to pick cranberries on the peninsula on the day appointed, and that shall make it unlawful for any- one to there use or have in possession with seeming purpose to use, any rake or other instrument for the purpose of gathering cranberries."
This ordinance gave Cranberry Day a new birth. It provided also as swift a death.
With eager avidity the people of Erie seized upon the new holiday and put it to its proper use, but it was not until a year later than that upon which Mr. Crouch introduced his Cranberry Day resolution that the first big celebration of the day on the peninsula took place. It is memorable, at least to a portion of the present population of Erie.
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Extraordinary precautions had been taken to guard the marsh and unusual efforts put forth to keep the poachers away. For most of the month of September the marsh was guarded by a detail of sailors from the revenue cutter Commodore Perry, then commanded by Captain Dou- glas Ottinger, and it was believed that but little if any robberies had been committed.
Time rolled round, and at length it was the evening of the day be- fore Cranberry Day. The weather was charming. There was no frost, although the sky was clear, but the mildest sort of temperature with the gentlest wind prevailed. By scores-by hundreds, indeed-the people flocked to the other side and spent the night beneath the trees along the shore.
With the break of day they started to move in towards the marsh, but from the other side the people were crowding in rapidly increasing numbers. Row boats, sail boats, fish boats, steam tugs-every available craft in the bay pressed into service, and Misery bay was a sight to see with its collection of craft of every size, style and condition afloat on its surface or drawn up on the shore, and there was a steady stream of people extending all the way from Misery bay to the utmost bounds of the cranberry marsh.
And, just as diversified as were the craft in which they were trans- ported, were the people who had been passengers. If any had gone over expecting to get a haul of cranberries they were disappointed. A hand- ful was about all that anyone could get.
But the great majority had gone over for the frolic and that path from Misery bay was so much trampled, and its borders as well, that the air was loaded with the spicy fragrance of the sweet gale bushes that had been crushed by the passing throng. To this day the odor of that fragrant shrub recalls to mind that greatest of all Cranberry days.
The marsh that morning in October was populous with men and women, boys and girls, and from end to end there was a broad path trampled in the cranberry vines by the hundreds of feet that had passed. Here and there at regular intervals were to be seen stacks of muskets, standing where the sailors of the revenue service had placed them while the Jackies themselves were to be seen hard by, some of them endeavoring to obtain their share of the berries, others guiding or directing inquiring people.
Hilarity reigned. There was little berry-picking. But the shout and the merry laugh went up from end to end of the bog. Probably all had provided something to eat, and at numerous places could be seen picnic parties seated on the dry sand of the higher parts of the ground, or some- times on boughs arranged to keep the picnickers out of the wet. And that was the celebration of Cranberry Day.
The rush for home was something fierce and it was the day after Cranberry Day before all succeeded in getting off. Many camped out all
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night, numerous parties sitting around a fire on the beach until day broke the next morning.
That resolution of Mr. Crouch's gave force and virtue to Cranberry Day. It alone was the cause of that greatest celebration of the occasion.
Mr. Crouch's resolution also abolished Cranberry Day. There never again was such a general observance of the day as that first after the pas- sage of the resolution. There never was more than one or two afterwards of any kind. It seemed to be unanimously voted a delusion and a snare. At any rate in the course of half a dozen years Cranberry Day was not even mentioned, and now it is only a tradition.
And yet all the laws relating to it stand unrepealed. Legally, Cran- berry Day exists at the present time. Legally, people have no right to gather cranberries on the peninsula before the first Tuesday of October. Legally, anyone who informs upon one who picks cranberries before Cran- berry Day is entitled to half the fine which the magistrate has a legal right tc impose.
The machinery is all in existence yet; all that is necessary is to set it in motion and again we will have Cranberry Day.
People whose memory carries them back to the last of the cranberry days will remember that upon that occasion the marked feature was the presence of a number of Jackies, gathered in groups here and there in the extent of the picking-grounds, with stacks of muskets adjacent to each group; and no doubt many to this day have wondered why upon that occasion conditions should be different from what had theretofore prevailed. Previous to that time the same state laws had been in effect that forbade any from trespassing upon the cranberry preserve before the first Tuesday of October, but there had not before been the necessity, if there was then, of calling upon the blue-jackets to see that the regu- lations made by the state legislature should be enforced.
As a matter of fact the case was not that year in the hands of the state or city government. It was in the mighty hands of the government of the United States and the conditions found to exist on the cranberry marsh when the big crowd of that Tuesday morning reached the scene of operations was proof that there had been a change.
As a matter of fact it had been taken formal possession of by the representatives of the United States government a short time previously, and the story of how it came about may prove interesting.
The peninsula at various periods in its history has had the fortune to be cared for and be answerable to various authorities or powers. Once it was geographically, a part of New York state; but when the triangle was added to Pennsylvania, then of course, there was a change of owner- ship on the part of that body of land-on the principle that the tail should go with the hide. After Erie obtained a corporate existence one of the first things it began to exercise an autocratic rule over was the peninsula.
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Erie did not govern itself with more wisdom than was shown in any other country village of its size, but yet it always felt called upon to exercise authority over the tract of country on the farther side of the bay. So, whatever the real ownership of the peninsula might be Erie assumed the right to govern it, at least to the extent of saying that there should be no timber cut nor fruit gathered there. Generally the guar- dianship of the peninsula was exercised jointly by the state and by the city, the laws being made by the state legislature, no doubt through the influence of the members from this county, and the enforcement of the laws attended to by the city. A change occurred, however, toward the end of the sixties, and this is how it was brought about.
In 1867, by act of the legislature there was incorporated the Marine Hospital of Pennsylvania, which was granted the extensive piece of ground known as the garrison tract and voted a large appropriation for the erection of a fine building upon it. The corporation, obtaining some- thing like $100,000, all but $10,000 from the state, began the erection of the hospital building. Two years later, by act No. 83, approved Feb. 4, 1869, there was passed a supplement to the incorporating act. This supplement reciting in its preamble that
"The councils of Erie have so neglected the management and supervision of the peninsula which forms the northern boundary of the harbor of Erie, as to prevent any adequate revenue arising there- from, therefore, * That section 14, of the act of April 2, 1868, entitled a further supplement to an act to incorporate the city of Erie, be so amended as to place the supervision and control of the said peninsula in the power of the board of directors of the Marine Hospital of Pennsylvania *
* and the said board of directors are. hereby empowered to exercise such supervision, disposition and control of same by leasing, or otherwise, as to them shall be deemed for the best interests of said hospital."
The peninsula thus passed from the possession of the state into the control of the Marine Hospital corporation. Just what was done during the period of its possession by the corporation has not been made a matter of accurate and detailed record, and no doubt will never be fully known. But whatever else occurred on the peninsula during the brief period of two years when it was in possession and control of the Marine Hospital, the peninsula came to be dragged into city politics and in the campaign of 1871 cut a very imposing figure. Among the numerous campaign aids of that time were a number of big posters stuck to all the dead walls of the city bearing in prominent letters the words, "Who stole the peninsula and the cedar posts?" and similar conundrums which it was expected the people would answer at the polls. That was the bitterest fight on the mayorality issue that the city ever witnessed, and resulted in the election of Hon. W. L. Scott.
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Following closely upon the heels of the municipal election there came about another change in the status of the peninsula, and this change was effected at Harrisburg.
During the legislative session of 1869 the Marine Hospital corpora- tion was again to the fore with a demand for another appropriation. It was necessary, in order to render the hospital which had by this time been partially built, fit for occupancy, to have another appropriation from the state of $30,000.
The legislature, however, did not grant the necessary funds without tacking a condition and this involved the peninsula. There were two amendatory acts approved on the same day. One, No. 679, approved May 11, 1871, repeals the first section of the amendment approved Feb- ruary 4, 1869, the section quoted above, which empowered the Marine Hospital corporation to exercise "supervision, disposition and control," etc .; the other, No. 667, approved May 11, 1871, appropriating $30,000 for "fitting the building for the reception of patients," but on condition
"That the Marine Hospital corporation shall reconvey to the state by good and sufficient deeds, to be approved by the attorney general, all lands in any way granted to the Marine Hospital by its act of incorpora- tion and the buildings now thereon, with the appurtenances, to be held by the state for the uses and purposes defined in said act of incorpora- tion ; and on the further condition that the said Marine Hospital corpora- tion shall convey to the United States of merica all the title it may have to the peninsula of Presque Isle obtained from the state of Pennsylvania by the act of February 4, 1869, to be held by said United States, as near as may be, in its present condition, and only for the purposes of national defense and for the protection of the harbor of Erie, but in all other re- spects to be subject to the civil and criminal jurisdiction of the state of Pennsylvania ; and the consent of the state of Pennsylvania is hereby given to such transfer of title only for the purpose, and under the limi- tations herein before mentioned."
Thus it will be seen that the peninsula, so far as an act of the legislature could convey it, and to the full extent to which it could be 'accepted by the United States, passed over to the control of the general government.
It happened one day in August, 1871, that the collector of customs was called upon in his office, the old custom house on State street, near Fourth, by Attorney Laird, who asked him whether he had a right to ac- cept a deed in the name of the government. Whatever the collector may have known or thought about his prerogatives, one thing he knew, and that was that he was the ranking government officer in these parts. His reply was that no one else than he could do so for the government.
"Then will you accept it?" was the question.
"I will," the collector replied.
He did; and having accepted the deed he proceeded at once in due
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course to make it effective, which was by having it recorded. It appears of record as follows :
"The Marine Hospital of Pennsylvania, a corporation duly incorpo- rated by the state of Pennsylvania, send greeting. Know ye, that the said Marine Hospital of Pennsylvania for and in consideration of the sum of one dollar to them in hand paid by the United States of America at and before the ensealing and delivery hereof, the receipt whereof they do hereby acknowledge and thereof acquit and forever discharge the said United States of America, by these presents have remised, re- leased and forever quitclaimed and by these presents do remise, release, and forever quit-claim unto the United States of America, all the estate. right, title, interest, property, claim and demand whatever of them the said Marine Hospital of Pennsylvania in law or equity, or otherwise, of, in, to or out of all that certain piece or parcel of land, being the peninsula lying to the northward of and enclosing the Bay of Presque Isle, (and here follows the detailed description), * containing 2,024 acres
* * to be held by the said United States as near as may be in its present condition and only for the purposes of national defense and for the pro- tection of the harbor of Erie. To have and to hold all and singular the premises hereby remised and released, with the appurtenances unto the said United States of America to the only proper use and behoof of the said United States of America."
This instrument was dated May 25. 1821; signed by M. B. Lowry, president of the Marine Hospital. It was approved June 27, 1871, by F. Carroll Brewster, attorney general of Pennsylvania, and sworn to on the latter date before J. R. Warner, notary public. The deed was recorded in Erie county deed book, No. 40, page 634, August 18, 18:1.
Nor did the action of the collector stop here. He had control over the revenue cutter, and, calling Captain Ottinger, its commander, to his office, he directed him to take formal possession of the peninsula in the name of the United States of America.
Now there was not a man then living to whom such an order was more acceptable. No one loved authority more and none could carry out an order of the kind more efficiently. With all the circumstance and ostentation that could distinguish a naval commander, dressed in the full uniform of his rank, and with a sufficient force of blue-jackets he landed upon the wilderness of Presque Isle and in full accordance with the rules governing such procedure, with which Capt. Ottinger was no doubt familiar, he entered upon and took formal possession of the land.
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