USA > Pennsylvania > Bradford County > Annual of the Bradford County Historical Society, 1906 > Part 17
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COLONEL JOHN FRANKLIN.
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Colonel John Franklin
He was now in the 30th year of his age, over six feet in height, broad of shoulder, lithe, strong, quick, resource- ful, fearless, a very athlete physically, commanding the respect of all for the uprightness of his life, his command- ing abilities and his unquestioned patriotism. Those who had returned to Wyoming for better protection had formed themselves into a military company, of which Franklin was made the captain; he was also appointed a justice of the peace, so that he combined in himself both the highest military and civil functions in Wyoming, and to his decisions all bowed with respect and confi- dence. In the expedition of Colonel Hartley, in the autumn of 1778 were two companies from Wyoming; 58 men of the Independent company under Captain Simon Spalding, and 12 volunteers of the Militia company com- manded by Franklin. In this expedition, Franklin and his men were in the fore-front and won the greatest praise of their commander. In Sullivan's campaign he was captain of the Wyoming Volunteers, and in the at- tack of General Hand on Chemung, known as "Hog- back Hill," was severely wounded in the shoulder, which, of course, prevented further participation in the cam- paign. From the return of this expedition in October, 1779, until the close of the war, scouting parties of the Wyoming Militia were out daily watching exposed points, pursuing marauding bands of Tories and Indians, pro- tecting workmen on their farms and the many ways where there was danger from the lurking foe, a service that taxed to the utmost the skill and judgment of the commandant, whose eyes must be everywhere. Frank- lin was not content in planning these military expedi- tions, but not infrequently took part in them himself.
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Colonel John Franklin
Early in September, 1780, Captain Franklin and three men set out on a scout up the river. At Tioga Point they came to where large parties had encamped and saw two Indians. At Tioga they found a canoe, and in two days' easy sail arrived safely at Wyoming Fort. On another occasion, he accompanied a scout as far as Wy- sox, where they had a brush with the enemy and cap- tured a sword and a silver watch-this Franklin wore to the day of his death, a memento of his fortitude and of his bravery. Yet we find him holding his justice's court, at work upon his farm, taking a hand in the hunt, writing letters about Wyoming affairs-in short, in all the multifarious work that came to his hand.
After the jurisdiction of Pennsylvania over the Sus- quehanna Company's purchase had been affirmed by the Trenton decree (December 30, 1782,) contrary to all ex- pectation, the government, instead of confirming the settlers in their possessions, declared that nothing could be done to interfere with the claims of those holding Pennsylvania title, and instead of quiet the New Eng- land people were given to understand that they must purchase their land at the land-holder's own prices or va- cate their homes. An association composed of the Gores, Roswell Franklin, John Franklin and others of the prom- inent New England men in Wyoming, was formed for the purpose of purchasing a large tract of land about Owego, in the State of New York, upon which they would remove. Franklin was absent on a tour of exploration from May till June, 1783, but for some reason the pur- chase was never consummated. He returned, determined to resist every act by which an attempt should be made to wrest from the settler his claim to the lands which
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Colonel John Franklin
were bought by the blood of his kindred. The struggle which ensued was long and bitter. In the various con- ferences which were held with commissioners and other officials, in writing letters, in visiting various other parts of the Wyoming settlements, in circulating petitions pleading the cause of the Connecticut people before the supreme executive council, congress and the legislature of Pennsylvania, Franklin was constantly busy and "al- ways true to the people whom he represented and for whom he spoke, challenging not only the unqualified confidence of the settlers, but calling forth the bitterest epithets from the partisans of the Pennsylvania land- holders. Whenever the rights of the Connecticut people were assailed he stood ready for their defence." In noth- ing was Colonel Franklin more distinguished than in his wonderful versatility in devising means for the accom- plishment of his purpose. When it became. evident that the legislature of Pennsylvania was controlled by the land-holders, the first scheme was to secure a court in which the private right to the soil could be tried. Fail- ing in this, the next movement was to interest the Con- necticut government in behalf of the suffering settlers ; but in this the government declined to use anything but the moral influence of its opinions on its executive coun- cil of the Commonwealth. Next was the new state plan in which it was intended, through the aid of the Susque- hanna company and the sympathy felt for the New Eng- land people at Wyoming to bring on a sufficient force to wrest the territory from the grasp of the Commonwealth. At this date the articles of Confederation were in effect, which compelled Congress to refrain from interfering in the domestic affairs of any state. Men prominent in pol-
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Colonel John Franklin
itics, possessed of great wealth and personal influence, pledged Franklin their support. A conference was had with General Ethan Allen, of Fort Ticonderoga fame, who had just succeeded in securing statehood for Vermont un- der much opposition, and who, in cocked hat and feath- ers, came on to Wyoming, declaring that he had made one state and "by the Eternal God and the Continental Congress he would make another." The plan seemed feasible and success certain. In the meanwhile, the Pennsylvania government became thoroughly alarmed and began to make overtures for peace. The disputed territory was erected into the county of Luzerne by an Act of the Legislature passed September 25, 1786. This was the next act of conciliation and compromise.
Colonel Timothy Pickering who had been quartermas- ter in the Revolutionary army and held in high esteem throughout the country, a man of consummate skill and tact and of great ability, courage and enterprise, was ap- pointed to organize the new county. Promises were freely made that the settlers should be quieted in their possessions if the laws of Pennsylvania were permitted to go into effect. At the suggestion of Pickering, a petition was circulated and numerously signed by the old settlers, stating that seventeen townships, each five miles square, had been allotted to settlers prior to the Trenton decree, and praying that these lots be confirmed to settles there- on; the legislature, March 28, 1787, passed what was called the Confirming Law, confirming said lots to the settlers thereon, providing for compensation to Pennsyl- vania claimants out of the unoccupied lands in the Com- monwealth, and for the appointment of commissioners to carry into effect the provisions of the law. The Act es-
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Colonel John Franklin
tablishing the county of Luzerne and the Confirming Law created heated discussion in Wyoming. On the one side it was declared that Pennsylvania had come to a better understanding of the case and was disposed to treat the settlers with justice, recognize their rights, secure their titles to their lands, give them courts and officers of law and representation in the legislature. On the other side it was contended that no confidence could be placed in Pennsylvania, that she had frequently allured them to trust her promises only to deceive and destroy them, and was now under a different guise, pursuing the same pol- icy of deception and fraud-that there were many who had expended large sums of money in the purchase of land lying outside of the seventeen townships, others whose husbands, fathers or brothers had been killed in the war, and whose lands had not been assigned until af- ter the Trenton decree, but the title of these was in justice as good every way as that of the old settlers in the townships ; and then the half-share men, who had come to them in their distress, relying upon their promise, who had aided them in their conflict with the Pennsylvania authorities, and by their loyalty and courage had driven them to make this offer of compro- mise, whom now to forsake would be the most wicked treachery, that these were abandoned without recogni- tion and compensation. A public meeting was held for the purpose of discussing the provisions of the law and determining what course should be pursued. Quoting from Mr. Miner: "So great a gathering had not been in the valley for years. Matters of the highest moment were to be discussed and decided. Indeed, the future of Wyoming seemed to rest on their deliberations and the
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Colonel John Franklin
decision of that day: Little less than war or peace ap- peared to be involved in the issue. All felt the magni- tude of the questions to be resolved. But Wyoming was no longer united. Discord had reared its snaky crest ; malign passions were awakened. Brother met brother, friend greeted friend not with the all hail of hearty good will, but with beating heart, knit brow and the frown of anger and defiance. Colonel Pickering, sustained by the Butlers, the Hollenbacks, the Nesbits and the Denisons, appeared as the advocate of the law and compromise. Colonel Franklin, supported by the Jenkinses, the Spald- ings and the Satterlees, came forth the champion of the Connecticut title." The meeting ended in riot and con- fusion, although a vote was taken to support the law and accept the compromise. These measures completely thwarted Franklin's new state scheme. The whole coun- try was in confusion. Pickering had succeeded beyond his expectations in the first part of his program, of divid- ing the Connecticut people and setting the old settlers
against the half-share men. Franklin, however, con- tinued busy, devoting all his tireless energy and con- summate ability to uniting opposition to the Confirma- tion Law. In order to frustrate the efforts of Franklin, Pickering determined to get rid of him, for a time, at least. A writ was obtained secretly and intrusted to competent hands, and Franklin, unsuspecting the plot, was suddenly arrested and conveyed to Philadelphia jail on the charge of high treason. The news of the arrest and abduction of Franklin spread over the country as fast as couriers could carry it. The northern part of Lu- zerne was swept with a whirlwind of excitement. Here the half-share men principally lived. The blow which
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Colonel John Franklin
struck down Franklin was aimed at them. He had fall- en in defence of their rights. He was their leader, coun- sellor and friend. They felt their interests were at stake and determined that Pickering, for whom they could find no language strong enough to express their con- tempt, should suffer for this assault upon their beloved leader." Pickering fled to Philadelphia. In November, 1788, a court was ordered to be held at Wilkes-Barre for the trial of Franklin. Chief Justice Mckean presided. Franklin's strong frame was bowed and weakened by sickness and 13 months' confinement, and his spirit was broken. "The lion was tamed." He was indicted for high treason, but the trial was never called and Franklin was admitted to bail, it was claimed, under promise that he would not further oppose the laws of Pennsylvania. Soon after (1789) he removed to his farm in Athens township, Bradford county, where he lived until his death, but never took out for it a title under Pennsyl- vania, nor was ever molested because he did not.
In 1792 Colonel Franklin was elected high sheriff of Luzerne county. From the expiration of his term as sheriff, he was busy for a number of years as one of the commissioners and as the clerk of the Susquehanna Com- pany, which continued to hold frequent meetings at Athens, selling rights and granting townships. The In- trusion Law (1795) made these acts criminal. Under this act, Colonel Franklin, John Jenkins, Elisha Satterlee and Joseph Biles were indicted at the August sessions, 1801, of Luzerne county, and a special verdict found against them. The case was removed by certiorari to the Superior court. The act was held to be constitutional, but the defendants were discharged on other grounds.
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Colonel John Franklin
In 1781, while Connecticut claimed jurisdiction over the county of Westmoreland, representatives were sent to her assembly at Hartford. Colonel Franklin went one year. In 1795 and 1796 he represented Luzerne county in the Pennsylvania Assembly. From 1799 to 1803 he was in the assembly every term. Mr. Miner says of him : "A few months before an election with great tact Franklin would commence his essays, awaken old and new pre- judices and hopes, kindling the spirit of the people to that degree of warmth that Colonel Franklin must go to the Assembly, and he went." As an evidence of his popularity in this county, in 1801 he received every vote in the Tioga district, and in the Wyalusing district all but six ; in 1802, every vote but three in the three elec- tion districts of which the county was composed, and in 1803 all but ten. In the legislature, on all those ques- tions relating to land titles he was ever ready to defend with his might the half-share men, and bitter in denun- ciation of the inhumanity and greed of the landlords. An attempt was made in the sessions of 1802-3 to expel him from the House on account of his being under in- dictment for violations of the Intrusion Law ; but it failed. Determined, however, to get rid of him, in 1804 an act was passed setting off that part of Luzerne county which contained the residence of Franklin to Lycoming. The first draft of the bill included that part of Luzerne, north of Towanda creek and west of the Susquehanna river. Colonel Franklin, when the bill was read, arose in his seat and informed the gentlemen that he lived on the east side of the river. The bill was accordingly changed so as to include him in the dismembered portion. In 1805, however, he was elected by the people of Lycom-
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Colonel John Franklin
ing, and to the chagrin and mortification of his enemies he appeared again at Lancaster and took his seat. As it was his crowning, so it was his closing victory. In poli- tics, Colonel Franklin was a Federalist, and wielded so large an influence in Luzerne county-in the nearly equally balanced parties of the state, that he was courted and countenanced by eminent politicians in the Com- monwealth. Even between him and Colonel Pickering civilities passed and they dined together at the table of a mutual acquaintance.
Ilis life had been one of constant toil, exposure and anxiety, burdened with many cares and wearied with many conflicts. The great questions to which he had devoted his great energies were practically settled, and he desired the peace and rest of his own home. Here he was not idle, but as long as strength remained he was busy in the cultivation of his farm and in the manage- ment of private enterprises in which he was engaged. Surrounded by friends who loved and revered him, it was his delight to recount the story of his early days and the sufferings and toils of his associates and companions. Although usually grave and dignified in his demeanor, there was a vein of sly humor often mingled in his con- versation. At one time, in giving his evidence before court, referring to some transaction which took place about the time of his abduction, he observed that about that time he was called "on important business to Phila- delphia ; he had just gone in company with several gentlemen to that city." At another time he referred to his moving to Athens as immediately after his return from a protracted visit to Philadelphia. He was a ready writer and his pen was constantly employed. He pos-
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Colonel John Franklin
sessed a most remarkable memory which he retained to the last. In his last years it was his custom to attend the funerals of the older people of his acquaintance and make some remarks, relative to the life and character of the deceased, which for many years were held in grateful remembrance. In earlier years Franklin was a com- municant member of the Congregational church. Dur- ing the period of strife and war and political contention, he gave little thought or attention to religious matters. In his retirement during the last years of his life he was a pronounced Universalist. He read his Bible much, and for many years the older people spoke reverently of his long, fervent prayers and devout conversation. Colo- nel Franklin married for his second wife Abigail, daugh- ter of Capt. Stephen Fuller, and widow of Capt. James Bidlack, who was massacred by the Indians, July 3, 1778. By this marriage he had no children, but was ever a father to the two sons and two daughters left by Captain Bidlack. Colonel Franklin died at his home in Athens, March 1, 1831, at the age of 81 years, 3 months and 8 days. He is buried on a gravelly bluff, a few rods north of his mansion, overlooking the highway and in full view of Tioga Point, with which he was for many years so closely associated. His wife, Abigail, died in Athens, Jan. 30, 1834, in the 83d year of her age. She is buried beside the colonel, and their resting place is marked by a plain marble slab which gives only their names, ages and dates of death. Of the children of John and Lydia Franklin, Billa settled first at Palmyra, N. Y., afterwards at St. Albans, N. Y., where he died leaving a family of nine children; Amos, a physician by profes-
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Colonel John Franklin
sion, settled at Cayuga village and died there Oct 11, 1804, leaving one son; Henry, who died without chil- dren; Keziah married Dr. Solomon Beebe, settled at Geneva, N. Y., and died without children .- Compiled from Miner's History and address of Rev. David Craft, be- fore Tioga Point Historical Society.
Hon. Ulysses Mercur.
A Portrait of Whom Was Presented the Bradford County Historical Society, June 25, 1909, by His Son, James Watts Mercur.
U LYSSES MERCUR, the eighth Judge of Brad- ford county and twelfth Chief Justice of the Supreme Court of Pennsylvania, under the Constitution, was born in Towanda, August 12, 1818. He was the fourth son of Henry and Mary Watts Mercur, the former a native of Lancaster county, Pa., and the latter of Towanda. His paternal grand- father emigrated from Klagenfort, Austria, to America in 1780, settling in Lancaster county, this state. Here, Henry Mercur was born in 1786. At the age of nine years he was sent to Vienna to be educated at the uni- versity, where he spent eight years. During this time he witnessed the entry of Napoleon and his army into Vienna. He returned to America in 1807 a thoroughly educated gentleman. He learned the hatter's trade, lo- cated at Towanda in 1809, and became prominent in the business and political affairs of the county. He died at Towanda in 1868.
In boyhood, Ulysses Mercur labored on his father's farm in summer and attended the village schools in winter. At the age of sixteen he entered the store of an elder brother as a clerk, where he remained three years.
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Hon. Ulysses Mercur
However, the duties of clerk became irksome to him, as he had a great desire to acquire a liberal education and enter the legal profession. His father's means did not justify him in providing the money necessary for that purpose; but he had a small farm which he intended to give his son on the arrival of the latter at the age of twenty-one. With an earnest desire to assist his son in his laudable ambition, when Ulysses arrived at the age of nineteen, his father offered to give him the land then, if he wished to take it, and raise money therefrom to procure an education. The offer was accepted with avid- ity and the land converted into twelve hundred dollars in money. With this capital, the future Chief Justice launched into a distinguished career. At the age of twenty he entered Jefferson college at Canonsburg, Pa., where he pursued his studies with great industry and untiring perseverance. Indeed, he was noted for his studiousness and extraordinary perceptive faculties. He took a high position in the literary society, of which he was a member and in his junior year was chosen dis- putant of his class in a joint discussion with the senior society, of which the late Clement L. Vallandigham of Ohio was disputant. The discussion was decided in Mercur's favor, which so annoyed Vallandigham that he resolved not to leave college until he bad another oppor- tunity of crossing swords with his rival of the junior class. The opportunity was given him and he was again worsted, Mr. Mercur coming off victorious the second time. During his last year in college, Mr. Mercur also found time to begin a systematic study of law, and ac- cordingly, entered the office of Hon. Thos. M. T. Mc- Kennan, author of the "Tariff of 42." He graduated
Gomes July Ulisses Mercur
Chief Justice of the Supreme Court of Pennsylvania.
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Hon. Ulysses Mercur
with the first honors of his class in 1842 and immediately returned to his home in Towanda, where he entered the law office of Edward Overton, Esq.
Such confidence had Mr. Overton in the young man's ability, that he made him an equal partner in the profits of the business from the time he entered his office. On the 4th of September, 1843, Mr. Mercur was admitted to practice in the several courts of Bradford county. His intuitive love for the profession and thorough knowledge of "the books," acquired by close study, were supple- mented by strict attention to business and untiring in- dustry-virtues which seldom fail of success. Upon his accession to the bar, he was brought into contact with such able and distinguished attorneys as David Wilmot, Edward Overton, Judge Williston, William Elwell, Wil- liam Watkins and others, who rendered the Bar of Brad- ford county famous for ability and personal worth. The young member soon reached the front rank, and before he had been many years in practice was acknowledged the peer of his ablest associates. As a practitioner he was conscientious and never advised litigation merely to get a "retainer." After a client had repeated his case, if hopeless, Mr. Mercur would inform him that he was wrong and that he could not take it. "But I will pay you well for your services Mr. Mercur." "You are wrong, Sir ! and I don't want your case at any price." This reputation won for him the most implicit confidence of the people, and few important cases were tried in court, while he was practicing at the Bar, that he was not employed in. It has been justly said of him that as a young lawyer he was unsurpassed in the state.
As an evidence of Mr. Mercur's transparent candor and
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Hon. Ulysses Mercur
honesty in his relation to clients and his desire to im- press upon students the sacred obligation to profound se- crecy and fidelity in their business relations with those by whom they might be professionally employed, it is said that he never retired to the "consultation room " with clients, but compelled them to state their cases in the presence of such students as were present-assuring them that anything they might disclose would never be repeated. A marked characteristic of Mr. Mercur, re- membered by the citizens of Towanda, was the untiring industry with which he labored at his profession. While Mr. Wilmot, the leading lawyer in the town, who was always noted for a tendency to avoid close application to his desk, was at the village store in the evening telling stories to the crowd of rustics, young Mercur was at his office writing deeds or pouring over his books in search authorities for use in court. "At any hour," remarked an old citizen of Towanda, " Mercur could be found at his office. In those days I used to go home very late at night, and there was always a light in his office." His industry, integrity, skill and success in the trial of cases, made his professional services eagerly sought after, and for several years before leaving the Bar he had a larger practice than any other attorney in the county. Wilmot was strong with a jury, but he relied upon an infinite fund of wit and turning to use some trifling circumstance brought out at the trial, but Mr. Mercur studied cases thoroughly and always went into court prepared.
Seventeen years of close application to his extensive business told on his constitution, and in the winter of 1860-61, Mr. Mercur was compelled to give up work for several months, and that respite restored his health and
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Hon. Ulysses Mercur
gave him a new lease of life. On the election of Judge Wilmot to the United States Senate in January, 1861, he resigned the president judgeship of the 13th Judicial District, and Ulysses Mercur was appointed March 19, 1861, by Governor Curtin to fill the vacancy. He dis- charged the onerous duties with such entire acceptability to the Bar and people, that at the ensuing election (Octo- ber, 1861), he was chosen for a full term without opposi- tion, the district being composed of the counties of Brad- ford and Susquehanna.
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