History of Bradford County, Pennsylvania, with Illustrations and biographical sketches, Part 12

Author: Craft, David, 1832-1908; L.H. Everts & Co
Publication date: 1878
Publisher: Philadelphia : L. H. Everts
Number of Pages: 812

USA > Pennsylvania > Bradford County > History of Bradford County, Pennsylvania, with Illustrations and biographical sketches > Part 12

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In the Luzerne Federalist, of April 15, is an account of the trial and of the sentence. "The judgment of the court is, that Ichabod Halsey, Salmon Bosworth, Isaac Brownson, Jabez Hyde, Jr., and Ephraim Fairchild be imprisoned in the common gaol of the county of Luzerne for three months, that Ichabod Halsey pay a fine of ten dollars to the com- monwealth, and that Salmon Bosworth, Isaac Brownson, Jabez Hyde, Jr., and Ephraim Fairchild pay to the said commonwealth each the sum of twenty dollars, and that Dimon Bostwick, Nathan Stevens, John Passmore, Asa Lathrop, Samuel Robinson, Seril Peck, Lloyd Goodsel, Joseph Utter, and Ezckiel Mowrey do each of them pay a fine of thirty dollars to the commonwealth. In addition, each was required to give surety in the sum of five hundred dollars for his good behavior for one year, and pay the costs of prosecution." The editor makes the following comments : " From a variety of circumstances it is evident the Yankees were not prosecuted so much because they had broken the law, as because they were Connecticut claimants. The Pennsylvania land-holders are believed to have taken a very active part in urging the prosecution. The defendants were indirectly assured if they would purchase the Penn- sylvania claim, and relinquish that of Connecticut, inter- cession should be made with the court to withhold the decision until the next term, or with the governor for a pardon ; but, with a firmness which does them the highest honor, they rejected the proposal, and preferred a prison to a sacrifice of their just and equitable claim." The writer adds, "The court has been pleased (with regard to costs) to order a departure from the general practice, and each wit- ness was allowed to demand of each defendant the same fees that formerly the whole would have been obliged to have paid. As there are fourteen of the Yankees, the costs amount to fourteen times as much as the usual practice of the court would allow. The costs, therefore, instead of being eighty-four dollars, amount to more than eleven hun- dred dollars, which, added to the fincs, makes a sum of fifteen hundred and eighty-five dollars."

Outbreaks between those in the interest of the opposing parties were of frequent occurrence, some of which will be noticed in the annals of the various townships.

The following are among the closing paragraphs of Col. Horne's report to the governor :

"The agent has not a doubt that many of the claimants under the Susquehanna and Delaware companies, who have not executed re-

linquishments, would submit to the laws of Pennsylvania and pur- chase titles derived from Pennsylvania, were they not seduced by gross misrepresentations of certain influential characters, who, deal- ing in, and speculating upon, pretended Connecticut rights, have in- duced thein to persevere in their opposition. To misrepresentations threats have been added, and, in one case, the most shameful violence bns taken place (the enso of Mr. Smiley).

"Against those who executed relinquishments no prosecutions were instituted, it being understood, in consequence of a communica- tion from your excellency, through the committee of Pennsylvania land-holders, that it would be unnecessary and improper to proceed on the part of the commonwealth, against men who exhibited such unquestionable proof of their attachment, to the laws of Pennsyl- vania.

" In cases where the settlers refused to execute relinquishments, the agent proceeded to the enforcement of the intrusion law and the supplement, by cansing a number of the offenders to be bound over to the sessions to answer for their conduct."

Here follows a list of over fifty names, mostly of persons from this county who had been arraigned before the courts of Luzerne county for intrusion. John Franklin, John Jenkins, Elisha Satterlec, and Simon Spalding, commis- sioners, and Joseph Biles, a surveyor of the Susquehanna company, were indicted for conspiracy to convey land under the Connecticut title, at the August sessions of 1801, but obtained a writ of certiorari to the supreme court, for the purpose of testing the constitutionality of the law, which was tried at the May term of 1802, when the law was decided to be constitutional, but judgment against the de- fendants suspended. The case is reported in + Dallas, pp. 255 and 316. Another suit, arising in this county under the law, was also carried to the supreme court, and is re- ported in 1 Binney, 110. David Smith, a holder of a large number of half-share rights, had sold to Reuben Mitchell 1500 acres of land in the town of Smithfield, for which Mitchell gave a note in payment. Suit was brought to enforce payment of the note. In the supreme court it was decided not only that the act of selling under half-share rights was unlawful and criminal, but that all contracts relat- ing to such sales were void, and the note was not collectable.

Another and still more stringent law, passed April 6, 1802, entitled " an act to maintain the territorial rights of this State," required every conveyance of land within the countics of Luzerne, Lycoming, and Wayne, in order " to pass any right, title, estate, interest or claim, either at law or equity, to be derived from this State, or the late Proprietaries thereof, before the 4th of July, 1776, and to expressly refer to and recite the substance of the warrant, survey, patent, or title under which the same is derived." It forbade any judge or justice to take the acknowledgment, or any recorder of deeds to record any deed or conveyance of land under the Connecticut title, " provided that nothing herein contained shall be so construed as to make valid any conveyance heretofore made of any pretended title or claim to land under the colony or State of Connecticut, or either of the companies known by the names of the Connecticut Susquehanna or the Connecticut Delaware company." Also that " no person in any manner interested in the said pre- tended title or elaim shall sit as judge or serve as juror in any cause, civil or criminal, wherein the said pretended claim or title shall or may, directly or indirectly, be brought into question." Lands lying within the seventeen town- ships were excepted from the penalties of the act.

HISTORY OF BRADFORD COUNTY, PENNSYLVANIA.

By these several enactments the half-share men were completely surrounded and cut off, and placed at the mercy of their adversaries. It was made a crime to buy or sell land on their half-share rights, to acknowledge or record their deeds, or to plead their half-share titles in the courts. Every measure was resorted to rather than tamely submit to be driven from their homes by the Pennsylvania elaimants.

" At a meeting of delegates from a number of townships in the county of Luzerne, holden at the house of Peter Stevens, in Springfield (Wyalusing), May 22, 1801, to con- sult and advise on the most safe, prudent, legal, and con- stitutional method of defense against any suits that are now pending or may hereafter be brought against any settler or settlers under the Connecticut title, Daniel Kinne was chosen chairman, and Samuel Baldwin elerk.

" WHEREAS, the Constitution of the United States provides that the judicial authority shall extend to centreversies between citizens of the same State, claiming lands under grants from different States ; And, whereas, by the laws of the United States, it is provided that in actions commenced in a State court, the title of land heing concerned, and the parties are citizens of the same State, and the matter in dis- pute exceeds five hundred dollars, etc., if either party before the trial shall state te the court, and make affidavit, if the court request it, that he claiins and shall rely upon a right or title to the land under A grant from a State other than that in which the trial is pending, etc., and shall move that the adverse party shall inform the court whether he claims a right or title te the land under a grant from the State in which the suit is pending, the said adverse party shall give such information, or be debarred from pleading such grant or giving it in evidence upon the trial; and if he informs that he does claim under such grant, the party claiming under the grant first mentioned may then, en metien, remove the cause fer trial to the next circuit court to be held in the district; and, whereas, we have settled lands under a title from the State of Connecticut antecedent to the settle- ment of the jurisdiction between the States of Connecticut and Peun- sylvania, and de rely upen a right or title to the laod under a grant from the State of Connecticut aforesaid, therefore,

"Resolved, 1. That we will in every legal and constitutional manner maintain, support, and defend the title to our lands as derived from the State of Connecticut, in all suits commenced, or which shall here- after he commenced, in the courts of this State, er the United States, and that it be recommended to the settlers claiming and holding lands under the Connecticut title afercsaid, te unite with us in sup- perting and defending the same in the manner aforesaid.

"2. That three agents be appointed to appear fer us and in our naines to support and defend the title to our lands, held and claimed under the aforesaid title, in all suits now pending, or that hereafter may be commenced as aforesaid, with full power and anthority te engage counsel learned in the law to appear fer us and defend said title in the courts of this State er of the United States.

"3. That Messrs. John Franklin, Jehn Jenkins, and Ezekiel Hyde be, and they are hereby, appointed agents for the purpose aferesaid. "4. That we will each of us advance our equal preportion in money according to our interest in the aforesaid title, and deposit the same in the hands of our agents, er such other person er persons as they may appoint, for the purpose of maintaining and defending our just title to eur lands aferesaid ; and we do hereby recommend to all settlers holding lands and relying on the title aforesaid to ad- vance such sums, in propertien to the interest they severally claim and held under said title, as will enable said agents to employ counsel and defray other necessary expenses in prosecuting and carrying the foregoing resolves into effect.

"5. And whereas it hath heen represented to this meeting, by an instrument of writing under the hand of Abraham Horne, Esq., the agent appointed under the act of the General Assembly of this State, passed Feb. 16, 1801, that he is authorized .tu acquaint the settlers of Luzerne ' that the Pennsylvania land-holders, agreeable to the instructions given to the agent, are disposed tu offer an easy compromise,' therefore resolved, that our agents he, and they are hereby, directed to receive any proposals that may be made by the Pennsylvania land-holders, or their agents, legally authorized, re-

specting an amicable compromise of the lands io controversy, and report such proposals to the settlers aforesaid."

In a letter from Samuel Hodgdon and Edward Tilghman, on behalf of the committee of land-holders to Ebenezer Bowman, dated May 18, 1801, they say, " The land-holders certainly are disposed to sell their lands on terms they deem reasonable. They are not inclined to reap the fruit of any man's labor, and therefore feel a disposition to contract with those who, from whatever motive, are seated on their land. They wish it, however, clearly understood that they do not affeet to interpose between the government and those who have violated the law Col. Horne's agency is intended to carry into execution. Those who under Connecticut rights have sat down on lands in Pennsylvania since the intrusion law, must be considered as having committed a breach of that law, and amenable to public justice. Let it be understood that a purchase by the settlers, on what they call reasonable terins, is not to be considered by them as a compromise with government. Till the submission to the laws takes place the land-holders will not part with their titles ; when there is such submission, they will sell to the settlers on the same terms as they will sell to others as if the lands were rough and unimproved."

These papers have been quoted at length because they show the attitude of the parties towards each other, and are the first of a series of efforts towards effecting a compromise between the conflicting interests.

In a conference between Mr. David Smith and the com- mittee of the land-holders' association, the matter of com- promise was again proposed. As the result of this confer- enee, a meeting of the Susquehanna company was held at Athens, Oct. 20, 1801, and a committee consisting of John Franklin, Samnel Avery, John Jenkins, Ezekiel Hyde, and Samuel Baldwin were appointed for the purpose of opening a correspondence with the land-holders' committee, and agreeing upon an amieable settlement of the dispute. Under date of Oct. 24, the company's committee in opening their correspondence say, " Having been advertised that the Penn- sylvania land-holders were disposed to offer an easy eompro- mise to the settlers in Luzerne claiming lands under the Connecticut title, and that the committee on the part of the said land-holders liad expressed a wish that the claimants under Connecticut, in a general meeting for that purpose, would constitute and empower commissioners to treat with them," they recite that a meeting had been called and them- selves appointed a committee to secure a reconciliation of the contested claim by an amicable compromise, continue, " Having an ardent desire, on our part, to prevent litigation, and to put an end to a contest that has been of long dura- tion, and to promote and cultivate peace and harmony with our fellow-citizens, we take the earliest opportunity to ad- vertise our appointment, and to inform you that we are ready, on our part, to open a correspondence on that subject, to receive propositions respeeting the mode of proceeding, and to receive, consider of, and answer any propositions that may be made on your part, which may have a tendency to bring about a reconciliation of the contested title."

In reply, the land-holders' committee, after deelaring they had made no other proposals than those contained in the letter to Mr. Bowman, to which they will adhere, declare

HISTORY OF BRADFORD COUNTY, PENNSYLVANIA.

" they will proceed vigorously to support the government in the execution of the intrusion law and supplement, the last of which was voted for by Mr. Franklin. Convinced of the absolute nullity of the claims of the Susquehanna and Delaware companies, as they are commonly called, the com- mittee can never for a moment think of treating with any men, or body of men, who affect to derive title from those companies, and assume it as a ground of composition. In the mean time, if the settlers come forward, agreeably to the terms specified in the letter to Mr. Bowman, and apply to the individuals who are entitled under Pennsylvania, we declare, with confidence, that such settlers shall have the benefit of those terms, and the committee will use their utmost exertions and influence with his excellency the governor, to prevent any proceedings against them under the said law and supplement."

Early in the following year there was a meeting of the half-share men held at Athens, when, as the committee of land-holders refused to recognize the companies, the same committee were instructed to make the following proposi- tions to the committee of the association :

1. That the whole matter in dispute should be referred for final arbitration to a committee mutually chosen.

2. That the questions should be embodied in an amicable suit, which should be referred to the United States supreme court.

3. That the settlers would pay the land-holders the sums actually expended by them for their State title.

The land-holders refused to coneur in either of these propositions, insisting that, as a condition precedent to any negotiation, the settlers must relinquish their Connecticut claim and promise submission to the laws of the State ; that they could not recognize as citizens those who were in open hostility to the laws, and bade defiance to the authority of the State.

This was about the last concerted effort made by the half-share men to effect a compromise with the land-holders. In the southern part of the county, where the feeling of opposition was not so strong, small parties of the settlers in the various localities began to give up their Connecticut claims, file their submissions, and acknowledge the Pennsyl- vania claim. Feb. 14, 1803, a meeting of settlers was held at Wyalusing, at which Messrs. Samuel Avery, Joseph Kings- bury, and John Spaulding were appointed a committee to negotiate with the Pennsylvania claimants, a more kindly spirit began to be manifested, and the way was opened for a successful arrangement of the controversy. On Towanda creek, Mr. Smiley had obtained forty-three relinquishments ; at Asylum, the French had purchased both the Connecticut and the Pennsylvania titles; the settlers at Standing Stone gave in their relinquishments to Col. Horne ; in Springfield and Claverack the claims of the settlers were confirmed under the compensation law ; while in Sheshequin, Ulster, and Athens there were quite a number who either held Penn- sylvania titles, or, tired of the contest, were ready to take them. Of this class were Judge Gore, Isaac Cash, Solo- mon Tracy, and the Paines. In old Ulster, Judge Cooper reported that thirty-three settlers applied for the benefits of the aet of 1799. Altogether it was claimed that 160 relin- quishments had been signed before the beginning of 1802. 7

The Sugar Creek settlements, as they were called, held out the longest, and were the most determined in their op- position. At a meeting of the inhabitants and settlers on Sugar Creek settlement, settled under the Connecticut Sus- quehanna company's purchase, held at the house of Joseph Ballard (2d), on said creek, Aug. 10, 1803, Nathan Fellows was chosen chairman, and Nathaniel Allen clerk. It was

" Resolved, That we have a just, genuine, and regular title to the lands we possess and occupy," etc. They sent a letter to Dr. Rose, the land-holders' agent, in which they say, " You have, with unwearied pains, traversed every part of our settlement, endeavoring, as far as in your power, to practice on us the vilest impositions, to destroy that har- mony which unites us like a band of brothers in the cause of justice. We therefore, sir, hope you will not call on us again, or give us any further trouble about your business, as your conduct has been as impudent and rascally as it is intriguing; and as you have been very solicitous to get our signatures, we herewith subscribe to you," etc.

On July 27, 1804, a Mr. Edward Gobbin was shot through the thigh, at the house of Henry Donnel, near the present village of Mainsburg, in Tioga county. In offering a reward for the perpetrators, the governor says, "I have received information, on oath, that about eighteen persons, dressed like Indians, and said to be employed by persons residing on Sugar creek, in said county, at the rate of twelve dollars per month, during the summer, to prevent, by force of arms, any person or persons from surveying 'lands under the laws of Pennsylvania," offers a reward of eight hundred dollars for the arrest and conviction of the principal offender, and four hundred dollars for the arrest of each of his accomplices, and a full pardon to any of the accomplices who shall give information against the principal offender or any of his confederates to any magistrate.

These acts of violence, however, did not meet with the approval of the better class of the settlers. They felt their cause was injured, the laws for the peace of society outraged, and feelings of hostility against them embittered by such lawless proceedings.

Want of support, the increasing number who were se- curing Pennsylvania titles, defection in their own ranks, and the growing power of the State, finally induced the most ultra either to submit to the laws regulating titles, or leave the State. Many chose the latter, and emigrated into the State of New York, or into the Western Reserve, so that peace and quiet were, after so many years of conflict and suffering, finally secured.

CHAPTER III.

SETTLEMENTS IN BRADFORD COUNTY PREVIOUS TO THE BATTLE OF WYOMING, JULY 3, 1778.

PREVIOUS to the date mentioned at the head of this chapter, less than one hundred families of white people had come into this county, for the purpose of making for them- selves a home. These, for the most part, were located on the flats which occur at intervals along the river, where the lands had been cleared by the Indians for their corn-patches,

HISTORY OF BRADFORD COUNTY, PENNSYLVANIA.

and the soil, though fertile, was easy of cultivation. With but few exceptions, the settlements were confined to the Susquehanna company's townships of Springfield, Standing Stone, and Claverack.

About the year 1710, a large number of Palatines, people of one of the German states, were induced to emigrate into the province of New York, where many of them were placed to the westward of the British settlements, which they were intended to shield from the incursions of the warlike Mohmcks. Many of these emigrants, becoming dissatisfied with their location and with the treatment they received from the New York authorities, removed to Penn- sylvania, in which large numbers of Palatines had begun to settle as early as 1727.

At first their route was down the Delaware; but the short and easy portage from the Mohawk, where their principal settlements were established, to the head of the Susquehanna, soon made this to be preferred to the former route. It is probable these hardy Germans were the first white people to navigate our river, for as early as 1737 Conrad Weiser found some of them at Wyoming, trying to buy lands of the Indians. Of these emigrants, Rudolph Fox with his family stopped at Towanda, and Peter Shoe- felt* at Frenchtown, and were the first white people who undertook to make a permanent home in the county, having settled here in the month of May, 1770.f

Soon after this, explorers under the Susquehanna coin- pany began to make their appearance up the river, looking out favorable locations for settlements; and previous to the migration of the Moravian Indians, surveyors were running out land, both for the company and for the Proprietaries of Pennsylvania. In the Wyalusing mission diary, under date of May 10, 1769, is the following entry :

" Mr. Anderson and two surveyors came up from Wyomik in order to survey at Mescheschung, Towwandaeming, and also Sheshequanink, and on their return, at Tuscarora. For whom the survey was to be made they said they did not know."

June 10, 1769 .- " Mr. Anderson and Mr. Stewart, with three of his men, arrived in order to survey Wyalusing for Mr. William Smith, of Lancaster county, of which Job Chillaway told us in the afternoon. Hereupon, Job, Joshua, and John went to Mr. Stewart, and told him that this could not be allowed, as the governor and secretary had told them in March, at Philadelphia, that Wyalusing was reserved for the Indians. Stewart, the surveyor, immediately came up

# Written Shenfelt in the Documentary History of New York.

+ The settlements made by the Palatines in Schoharie, New York, consisted of seven "dorfs" or villages, which were each presided over by a head man or commissary, whose duty it was to enroll his men, make careful reports from time to time of the changes in his dorf, and make requisitions for the supplies necessary for their wants. These people, as we learn, were patriotic citizens, possessing largely those sterling qualities, good common sense, sympathy, honor, and a spirit of bravery in a just canse. Of these seven bead men William Fox was one ; and Simms, in his " History of Schoharic, " p. 50, says, " Fox's dorf was next to Smith's, north, and took its name from William Fox, its leading man. He settled about a mile from Smith, in the vicinity of Fox's creek, so called after him." This creek, which empties into the Schoharic river, and this town, are often mentioned throughout the work. Rudolph, a descendant of his, emigrating down the Susque- hanna, was the first permanent white settler in this county.

from the river to see me, and said that he had orders to survey Wyalusing, but some Indians bad forbid him, but added, ' I will desist, and as I am going to Philadelphia, I will report how matters stand here.' He left us with good- will after being at our chapel. He wanted us to enquire at once, as in August he was coming again to measure land."

Although traders and adventurers frequently, in passing up and down the river, stopped for a short time at the various Indian villages, no further attempts were made towards effecting permanent settlements within the bounds of the county until the spring of 1774, when a few of the proprietors of the Susquehanna company came up and made pitches at various points along the river, and had surveyed for themselves and their associates the Long township, in- cluding Standing Stone and Wyalusing. Among these were James Wells and Robert Carr, at Wyalusing; Edward Hicks, at Sugar Run; Benjamin Budd, at Terrytown; the Van Valkenbergs and Stropes, at Misiscum; Anthony Rummerfield, at Rummerfield; Lemuel Fitch, at Standing Stone, and John Lord at the lower Sheshequin, and perhaps a few others.

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History of Bradford County, Pennsylvania, with Illustrations and biographical sketches, Part 12

Author: Craft, David, 1832-1908; L.H. Everts & Co Publication date: 1878 Publisher: Philadelphia : L. H. Everts Number of Pages: 812

Author: Craft, David, 1832-1908; L.H. Everts & Co
Publication date: 1878
Publisher: Philadelphia : L. H. Everts
Number of Pages: 812