Centennial history of Susquehanna County, Pennsylvania, Part 5

Author: Stocker, Rhamanthus Menville, 1848-
Publication date: 1887
Publisher: Philadelphia, Pa. : R. T. Peck
Number of Pages: 1318

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" On the arrival of the party at the Indian settle- ments at Shenango, Mr. Hilborn found himself quite ill from exposure, and nearly exhausted, He was compelled to perform a great amount of severe labor for the Indians, and imposed an additional amount on himself in his efforts to relicve his fellow-captives.

In this condition he learned to his horror that he was required to undergo the severe ordeal of running the gauntlet.

"The arrival of the party seemed soon to be gener- ally known at the different Indian towns near, as a large and jubilant crowd was soon collected, composed mainly of women and children, who were to be Mr. Hilborn's tormentors, and who seemed eager to en- gage in the sport of lashing the poor captive. Two long lines were formed, composed of women and children armed with whips and clubs, through which Mr. Hilborn was to pass. The young Mohawk, of whom mention has been made, stood by silently watching with evident displeasure the preparations for this humiliating method of torture, so universally prevalent among his people, feeling that the prisoner in his present condition was unable to endure the punishment. Mr. Hilborn was ordered to start at a given signal ; he attempted to run as well as he could, but he had proceeded but a few paces when the brave and generous young Mohawk broke in the ranks and arrested its further progress; the confusion that ensued lasted but a moment, as he boldly announced his determination, and right from custom, to offer himself to run in place of the sick captive. He was accepted, and ran the whole course ; notwithstanding his remarkable agility, he was severely punished, but he endured it without a word of complaint and ap- parently with stoical indifference. The young Mo- hawk continued the friend of Mr. Hilborn through- out his captivity and was always kind and consider- ate towards him.

" During his stay at Shenango the Indians received intelligence of General Sullivan's intention of com- ing up the Susquehanna to destroy their towns and growing crops ; this information produced the wildest excitement, and on the part of some of the warriors, exhibitions of violent rage.

"They had a large body of the best of land under cultivation, with the prospect of an abundant harvest of Indian corn, beans, etc., and the thought of having it destroyed was a natural cause of anxiety.

" About the time of receiving intelligence of the movements of General Sullivan they were holding a council in reference to an expedition to the settle- ments on the West Branch of the Susquehanna, to be commanded by the celebrated Capt. Brandt and Capt. Montour. Hilborn was informed of this contemplated expedition by his friend, the young Mohawk, wlio seemed to be privy to all that was taking place. He expressed his fears for the fate of Hilborn should this expedition be attended with unfavorable results, and also in case General Sullivan's army should make its appearance. The prisoners in either case would be treated badly. Hilborn now for the first time made efforts to obtain for himself and his companions re- lease from captivity, and for this purpose had an in- terview with the old Delaware chief who took him prisoner. He made no attempts at misstatement, for

INDIAN DEPREDATIONS.

he found the old man exceedingly shrewd and any efforts to deceive him would be fruitless. He told him that he was a Quaker, that he had taken no part in the war, that it was against his religious principles to fight, etc., and that the women and children could do them no harm ; but all his arguments were in vain; the only reply was that, 'all the Yankees have the same story.' Yet they treated him with more con- sideration after this interview. His employment was now, and had been for some time, to attend to the cultivation of the growing corn. (As is well known, General Sullivan in a few weeks from this time ren- dered desolate this whole region of country, destroy- ing forty villages, some of them containing as many as a hundred houses, together with 160,000 bushels of corn, leaving scarce a trace of vegetation on the sur- face.)

"Mr. Hilborn, now finding that he could not pur- chase his freedom by entreaties, laid a plan for his escape. He concluded to take a canoe at night and quietly push down the Susquehanna until morning. and then hide the craft in the mouth of some creek, while he watched from an elevated position to ascer- tain if he was pursued ; if so, to take his chances by land, and if not, to again take the canoe and at night make his way down the stream. In planning his es- cape his mind became greatly exercised, for notwith- standing the promise made on the day of his capture was not voluntary, having been extorted from him at the peril of his life, and therefore not strictly binding, yet when he came to make the trial, he could not with a clear conscience disregard the pledges he had given and falsify his word; yet the plan of escape was deemed practical, and he had many opportunities for putting it in execution. On one occasion he was sent some distance for water ; a strong impulse to re- gain his freedom suddenly took possession of him, and he dropped his camp-kettle and began to run. After going about half a mile hc again thought of the promise on which his life had been spared, and as speedily returned to the camp with the water.

" Capt. Brandt was arranging now for his intended expedition against thesettlements on the West Branch of the Susquehanna.

" Hilborn heard from his Indian friend his opinion of the high character of the Mohawk chief, whom he described as the greatest man among the Indian na- tions ; that he had been educated in New England, had since been in London in company with Guy Johnston, and now held a commission under the crown, and that he was noted as much for his humanity as for his bravery. Mr. Hilborn now resolved to call on Brandt and state his case as well as he could. He found him in his tent, seated at a table, writing, and dressed in a calico wrapper. He was received with great politeness, and Capt. Brandt acted towards him inore like an English gentleman than an Indian chief. Hc listened attentively to what Mr. Hilborn had to say, and scemed to have much sympathy for him, but

finally told him that as he was a prisoner of the Del- awares, he could not interfere for him, as he was a Mohawk. Yet Hilborn believed that the interview was of service to him, for it was ordered soon after that he should be sent to Niagara and delivered to the English there.

" After bidding farewell to his generous Indian friend, he was conducted through the Genesee coun- try, where he saw large bodies of beautiful land un- der cultivation by the Indians.

"From Niagara he was ordered on board a vessel to be sent to Quebec. In passing down the St. Law- rence the water was exceedingly rapid and the navi- gation appeared dangerous. - The vessel was con- ducted by a Frenchman with much skill, and he arrived safely in Quebee in just two months from the time he was taken prisoner. Here he was under no restraint and seemed to be left to take care of himself. He was now hungry, moneyless and almost naked. In this extremity he applied to an Irish colonel in the British service for relief. The colonel listened to the relation he gave of himself, and, to Hilborn's sur- prise, loaned him money enough to purchase a toler- ably decent suit of elothes and something to eat.

" He now made effort to obtain employment, by which he might support himself for the present and discharge his obligation to the generous colonel. Happening to inention to him that he was a miller by trade, he at onee sent him to a mill of his own on the opposite side of the river, to work for a time on trial. In this new situation he did everything in his power to show his gratitude by furthering the interests of his employer. He made several alterations, re-dressed the stones, etc., and after a little time had the mill doing better than it had ever done before. The col- onel was greatly pleased and soon after made him superintendent of the whole business of purchasing grain, selling the flour, as well as attending to its manufacture, the sale of flour amounting to about £100 per week. He remained in this situation over a year, but with constant longing to return home; yet no opportunity was afforded. He at length made known his desire to the colonel, who seemed very re- luctant to part with him, and offered to give him whatever wages lie might in reason ask, if he would remain.

" But seeing he had his heart set on getting to his home, the colonel generously procured a passage for him in a transport about to sail for New York. They sailed by the Newfoundland fisheries, when, the cap- tain receiving information of a French fleet lying off the coast, tlicy put into Halifax. He remained in Nova Scotia a considerable time, when he again took passage and was finally landed in New Jersey, sonie- where near Amboy, from which place he walked to his father's house, in Makefield, and from thenee to his home on Brodhead's Creek, having been away just two years from the time of his capture."

HISTORY OF SUSQUEHANNA COUNTY, PENNSYLVANIA.

The family captured with Mr. Hilborn were all released and returned safely home, excepting one of the children, who died at Niagara.

CHAPTER IV.

CONNECTICUT CLAIMANTS.

Trenton Decree-Second Pennamite War-Erection of Luzerne County- Act of 1793-Drinker's Letters-Bartlett Hinds Mobbed.

FIFTEEN days after the surrender of Lord Cornwallis a petition was presented to Con- gress " from the Supreme Executive Council of Pennsylvania, stating a matter in dispute be- tween the said State and the State of Connecti- cut, respecting sundry lands lying on the east branch of the river Susquehanna, and praying a hearing in the premises, agreeable to the ninth article of the Confederation." Arrange- ments to this effect were made, and one year later, November 12, 1782, a court composed of five commissioners-Messrs. Whipple, Arnold, Houston, Griffin and Brearly-convened at Trenton, N. J. Messrs. Bradford, Reed, Wil- son and Sergeant appeared as counsel for Penn- sylvania, and Messrs. Dyer, Johnson and Root were the agents from Connecticut. The court declined to order notice to be given to the settlers at Wyoming claiming the land, as that question did not come before them, the ques- tion they were empowered to decide being solely that of jurisdiction. After sitting forty-one judicial days, in which the parties, represented by their counsel, had proceeded with their pleas, they gave their decision in these few words :

"We are unanimously of the opinion that Con- necticut has no right to the lands in controversy.

" We are also unanimously of opinion that the juris- diction and pre-emption of all the territory lying within the charter of Pennsylvania, and now claimed by the State of Connecticut, do of right belong to the State of Pennsylvania."

It is generally conceded by those who have investigated the subject, that this decision was political and had reference to the future welfare of the States. The War of the Revolution being over, the States found it necessary to unite in

one general government, without loosing their autonomy as States however. Had the decision been in favor of the Connecticut claimants, it would have made a State composed of two parts, separated by New York. In placing the dis- puted territory under the jurisdiction of Penn- sylvania, it made one compact State of contiguous territory. Geographically considered, then, the decision was correct; but legally considered, the Connecticut claim was far the stronger. The Connecticut charter was first, her Indian pur- chase was first and she was first by occupancy. This certainly made a strong case. The com- missioners only decided the question of jurisdic- tion. It would have been wise and just had the Pennsylvania government shown proper respect for the rights of the hard-working pioneers who had braved every danger and suffered untold hardships to make improve- ments in an inhospitable, waste, howling wilder- ness. Had Pennsylvania presented every one of these hardy pioneers with a deed for the land he occupied, it would have been both politic and just. The unoccupied lands were increased in value by the improvements made by these settlers, so that the land speculator need not have lost anything. The Pennsylvania Legislature vacillated from one course to another, but eventually fell into the hands of the land speculator altogether and proceeded to eject the Connecticut claimants by force.

"1 With the close of 1782, and the Trenton decree, the jurisdiction of Connecticut ceased. Before that decree the court had expressly stated that the right of soil did not come before them, and thus the settlers were content to be transferred from one State to the jurisdiction of another ; but events soon made it ap- parent that expulsion, or the entire abandonment of their possessions, was to be preliminary to any adjust- ment of existing difficulties. The land had been purchased by Pennsylvania speculators,2 while it was occupied by those who held it under title from the Susquehanna Company ; and the Legislature of Penn- sylvania, by its commissioners appointed in 1783, to inquire into the circumstances of the Wyoming in- habitants, expressly declared : 'It cannot be supposed

1 Blackman's " History."

2 The landholders who stimulated the Assembly to unjust measures against the Wyoming people were generally claimants under leases from the proprietaries, or warrants of 1784. The landholders under warrants of 1793 and 1794-the Tilghmans, Drinkers, Francises, etc .- are in nore- spect implicated in the censure .- Miner.

CONNECTICUT CLAIMANTS.

that Pennsylvania will, nor can she, consistent with her constitution, by any ex post facto law, deprive her citizens of any portion of their property legally ob- tained.' This, of course, implied the loss to the Con- necticut settlers of all they had paid to the Susque- hanna Company, in favor of prior ' citizens ' of Penn- sylvania who had ' legally obtained ' possession of the land. This was the origin of the second Pennamite War, which fortunately extended over only one year -1784-and resulted in the restoration to the 'Yan- kees' of the lands from which they had been cruelly driven during the spring of that year."

The decision at Trenton left the Wyoming settlers but two alternatives : either to submit to the jurisdiction of the State of Pennsylvania or openly rebel and organize a State of their own. Connecticut had evidently abandoned her chil- dren, acquiescing in the the decree at Trenton. She was afterward amply compensated by re- taining over three million three hundred and sixty-six thousand acres of land in the " West- ern Reserve " in Ohio, for which the State of Connecticut realized one million nine hundred thousand dollars. But the Wyoming settlers were not so easily appeased.

The years 1785 and 1786 did not exhibit any abatement of the controversy between the rivals. Col. John Franklin became the leading spirit among the Connecticut claimants, and Col. Timothy Pickering appeared as the chief champion of the Pennsylvania cause. A plan was formed for carving a new State from Penn- sylvania, to include the old county of West- moreland and all of the territory claimed by Connecticut, and thus wrest Wyoming from the jurisdiction of Pennsylvania. Col. Ethan Allen, of Vermont, appeared upon the scene as one pledged to furnish means and men for the dis- memberment of Pennsylvania.

Col. Franklin would not take the oath of fidelity to Pennsylvania nor accept (at that time) a post of official importance to which he had been chosen with a view to conciliating him.

The erection of Luzerne County from North- umberland, Sept. 25, 1786, was intended to conciliate the Yankee settlers by giving thiem an opportunity to have a direct representation in the Assembly and to state their grievances, and, in a large nicasure, shape their own affairs. This county included all of the Connecticut set-

tlers, except those at Lackawack or Wallen- paupack and the few on the Delaware, princi- pally at Cushutunk.

' It extended one hundred and twenty miles north and south, or from the mouth of the Nescopec to the north line of the State, on which its extent was from the sixth mile-stone to a point fifteen miles west of the Susquehanna River where it enters the State a second time.

In March, 1787, the inhabitants proposed a compromise, in effect that if the commonwealth would grant them the seventeen townships which had been laid out, and in which settle- ments liad been made prior to the "Trenton decree," they would relinquish their claim to all other lands within the limits of the Susque- hanna purehase; what were known as the " certified townships " were thus secured to the settlers ; but while most of the inhabitants were within these townships, there were others scattered here and there who had bought rights of the Susquehanna and Delaware Companies and made improvements upon their locations. There were quite a number of this elass within the present limits of Susquehanna County.

Another class dissatisfied with the compro- mise were the Pennsylvanians, to whom the State had previously sold a portion of the lands, and who did not wish, very naturally, to be dis- possessed of them. Such was the effeet of the opposition that the next year the compromise act was suspended and afterwards repealed. The conflict was continued.

In 1795 "the Intrusion Law" was passed, warning off all settlers not applying for land under a Pennsylvania title. On April 4, 1799, an act for offering compensation to the Penn- sylvania claimants of certain lands within the "certified townships" was passed and was known as the compromising law. On February 16, 1801, an act supplementary to the "Intrusion Law" of 1795 was passed, authorizing the Governor to issue a proclamation, forbidding all future intrusions and requiring all who had intruded to peaceably withdraw.

The State had, iu 1799, appointed commis- siouers to adjust the conflicting claims of the Pennamites and " Yankees," to examine all of the claims, fix the amount cach Connecticut

HISTORY OF SUSQUEHANNA COUNTY, PENNSYLVANIA.

settler should justly pay the State to perfect his title, and, on the other hand, the sum that the State should pay to those who were compelled to relinquish the lands they had bought from the State. The commission performed its duties fairly, but many persons were dissatisfied. On April 6, 1802, an act of Assembly provided " that no conveyance of land within the counties of Luzerne, Lycoming and Wayne shall pass any estate, where the title is not derived from this State or the proprietaries, before the 4th of July, 1776." The law was promulgated by proclamation of the Governor May 1, 1802, and from that time whatever "right" Connec- ticut claimants may have had, it was the veriest folly to defend it. But many persons still scorned all overtures from the State and firmly believed in the validity of the Connecticut title. They proposed to hold their claims in spite of all. Public feeling ran high. The newspaper controversy was heated and it seemed as if armed conflict must again occur. In fact, the Governor again contemplated calling out the militia of the State to enforce obedience ; but milder methods finally prevailed, and the long- vexed question was eventually settled by amica- ble means.

Much of the credit for the peaceable solution of the problem and the adjustment of differences by bloodless means was due to the Quakers, or Friends, who were among the largest land- owners under the Pennsylvania title in the dis- puted territory.

The enforcement of the Intrusion Law pro- duced some difficulty in Susquehanna County. The act of Assembly was passed April 11, 1795, and was designed "to prevent intrusions on lands within the counties of Northampton, Northumberland and Luzerne." The first sec- tion reads,-

"If any person shall, after the passing of this act, take possession of, enter, intrude, or settle on any lands" within the limits of the counties aforesaid, "by virtue or under color of any conveyance of half- share right, or any other pretended title, not derived from the authority of this commonwealth, or of the late proprietaries of Pennsylvania, before the Revo- lution, such persons upon being duly convicted thereof, upon indictment in any Court of Oyer and Terminer, or Court of General Quarter Sessions, to be

held in the proper county, shall forfeit and pay the sum of two hundred dollars, one-half to the use of the county, and the other half to the use of the informer ; and shall also be subject to such imprisonment, not exceeding twelve months, as the court, before whom such conviction is had, may, in their discretion, direct."

The second section provides that every person who shall combine or conspire for the purpose of conveying, possessing or settling on any lands within the limits aforesaid, under any half-share right or pretended title, as aforesaid, or for the purpose of laying out townships by persons not appointed or acknowledged by the laws of this commonwealth, and every person that shall be accessary thereto, before or after the fact, shall, for every such offense, forfeit and pay a sum not less than five hundred nor more than one thou- sand dollars, one-half to the use of the county, and the other half to the use of the informer ; and shall also be subject to such imprisonment at hard labor, not exceeding eighteen months, as the court in their discretion may direct. The third section provided that in case of conviction the sheriff "should expel and eject all and every the person or persons thereon intruded as aforesaid," and the Governor is to call out the militia if necessary.

This act went no further verbally than to make intrusions punishable-prohibition being only implied. An act supplementary to this, passed February 16, 1801, authorized the Gov- ernor (section xi.) to issue his proclamation,

" Forbidding all future intrusions, and enjoining and requiring all persons who have intruded contrary to the provisions of the act to which this act is sup- plementary, to withdraw peaceably from the lands whereon such intrusions have been made ; and en- joining or requiring all officers of government, and all good citizens of the Commonwealth, to prevent, or prosecute by all legal means, such intrusions and in- truders," etc.

April 6, 1802, an act of Assembly provided that " no conveyance of land within the coun- ties of Luzerne, Lycoming and Wayne shall pass any estate where the title is not derived from this State or the proprietaries before the 4th of July, 1776." It imposed a penalty upon any judge or justice for receiving proof of, or recorder for recording, a deed of different

CONNECTICUT CLAIMANTS.

description. "No person interested in the Connecticut title to act as judge or juror, in any cause where said title may come in ques- tion," etc. An exception was made in favor of the inhabitants of the seventeen townships, only as far as related to judges, sheriffs or jurors. This law was required to be made known by proclamation from the Governor, and took effect May 1, 1802, as before noticed. But the Yan- kee settlers were persistent ; they had left home and kindred in many instances, and put all their fortune and labor into their Pennsylvania homes. They had come into an unbroken wilderness, and commenced to make homes for themselves and their children, under a title which they supposed to be good. They were willing to yield to the jurisdiction of Pennsyl- vania, but it did seem like a hardship to be expelled from their lands by civil process sim- ply to enrich a few land speculators who lived in Philadelphia. Viewing it from their stand- point, it is not singular that they resisted the enforcement of this act. The Luzerne Federalist of January, 1803, stated that

" In the district of Rindaw (Rush) one hundred and fifty persons not only avowedly, but firmly and positively, believe in the Connecticut title and no other. In Willingboro, (Great Bend) perhaps thirty. But in all the districts nearer two thousand than one thousand could be found who would risk their all in defence of the Connecticut title, if Pennsylvania ever attempts to drive thiem off by force of arms."

The following letter from Ezekiel Hyde to Colonel Jenkins shows the persistence of the Yankees as late as 1800 :

"NORWICH, Feb. 14, 1800.

" Dear Sir,-

" We have heard nothing from you since I left Rindaw, which was about the 20th of last month. My uncle Jabez and family all started for Rindaw the day before yesterday. The gang consisted of ten horse sleighs and two ox-teams-three other families besides my uncle's. I went with them seventeen miles and left them in high animated spirits, deter- mined to reach Rindaw within seven days. Jabez, his mother and sister in one sleigh, my uncle and Stephen in another; Seril Peck, the young man that you saw at the store, drove another slcigli, and seve- ral others that you never saw-all determined to settle. What they will do with the horses and oxen after they get there, God knows. When I came from there I directed Robinson to purchase all the hay that he

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Centennial history of Susquehanna County, Pennsylvania, Part 5

Author: Stocker, Rhamanthus Menville, 1848- Publication date: 1887 Publisher: Philadelphia, Pa. : R. T. Peck Number of Pages: 1318

Author: Stocker, Rhamanthus Menville, 1848-
Publication date: 1887
Publisher: Philadelphia, Pa. : R. T. Peck
Number of Pages: 1318