USA > Pennsylvania > Erie County > History of Erie County, Pennsylvania, Volume One > Part 17
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60
Another observation upon the good faith of the administration of this state, with reference to the lands acquired in this portion of the commonwealth as above detailed, is the fact that when the state had offered its loyal officers and soldiers who had served in the Revolutionary War a gratuity for their services, their hardships, and their privations during that struggle, they were not asked to accept any half-hearted display of generosity, but were given certificates which wholly made good any possible loss they might have sustained through the deprecia- tion of the federal scrip; and further, when lands were given to them as a further bonus, no thought of handing them worthless mountain lands was entertained; but the best of the lands in this northwestern region of the state, which was then, and still is, famed for its fertile and productive soils, was measured out, set apart, and donated to those worthy patriots. The early acts of this state with reference to the Indians, and to its gratitude to the veterans whose struggles made pos- sible the establishment of a man's country for humanity, will bear the closest scrutiny, and merit our just approbation. For, before the sur- veys were undertaken, the state commissioned General William Irvine, than whom no more just and impartial man could be found, nor one more competent for the service, to proceed into the northwestern parts of the state for the purpose of fully viewing the country, and making
219
HISTORY OF ERIE COUNTY
report upon its conditions of soil, climate and other features, so that the state could intelligently direct the setting aside of the best portions of it in convenient tracts for its gallant servants. His report in extenso will be found in the State Letter Book, Vol. I, pp. 344-50, and shows con- clusively that he made a most careful and painstaking examination of the whole territory, recommending its better portions with full descrip- tions of the nature of their good qualities. It is a matter for gratifica- tion to see too, that his recommendations were taken at their face value, and the soldiers had placed at their disposal what was then believed to be, and later proved to be, as good lands as any which were at the dis- posal of the state. The effect of this arrangement was that the Dona- tion Tracts were largely settled by a most patriotic and sensible class of people ; and the wisdom of the arrangement was manifested in the thrifty and intelligent communities which soon sprang up as the result of that distribution of lands. We may be pardoned for observing, that those communities to this day reflect the character of the settlers who were secured by the state as owners of those tracts of land.
It is worth our while, too, to quote the opinions and observations of Colonel Andrew Porter made in 1788 to his friend, President Franklin, upon the lands embraced within the "Erie Triangle," he says: "The soil will come under the description Tolarable good. The country is clear of Mountains and but very little broken with Hills. In many parts of it are very rich Tracts of land, and some parts are rather wet & swampy -It abounds with a great variety of Timber, such as Sugar Trees, Beech, Ash, Hickory, Black, Red and White Oak, Chestnut, Cherry, Hemlock, White Pine, Sycamore, Elm, Cowcumber, Aspen, Birch, Poplar, Wal- nut, &c.
"From the north west Corner of this State the general direction of Lake Erie is North 65° East for upwards of sixty Miles so that the angle made with the northern boundary Line is 25°.
"The Bay of Presque Isle is a safe Harbour for shipping and the only one (on this side) from Gayahoga to the lower end of the Lake. The distance from Presque Isle to La Bauf, on the French Creek is about 15 miles, and the ground sufficiently firm to admit of a good Road the whole way with little or no bridging.
The western boundary of the State of N. York has not yet been ascertained, probably it may fall a few miles East of Canawango River.
220
HISTORY OF ERIE COUNTY
-This River is boatable to the upper end of Chadaghque Lake, from thence there is a portage of about 9 Miles to Lake Erie.
The above described Tract of Country may contain between 7 and 800,000 Acres."
The Reservations :
After quieting all of the outstanding claims and title to this county, the State next turned to the problem of exploiting and developing the country. It was determined first, to provide for some possible future needs of the state itself; and so provision was made to set aside certain sections of the great tracts for sales to be made in the future, or for the location of future institutions in which the state herself should be interested, before admitting land companies, speculators, or even actual settlers to a choice.
Pursuant to the suggestions of Andrew Ellicott who had been sur- veying through this region and had noticed the outstanding features of the country, the Supreme Executive Council recommended on Nov. 12, 1788, to the Legislature, the setting aside of certain tracts in the north- western portion of the state, for reservations "for the use of the Com- monwealth," and specified Presque Isle, Le Boeuf, and Connewango (at the junction of that stream with the Allegheny).
Promptly the Legislature instructed the Council, March 24, 1789, to have such tracts surveyed for that purpose, including one at Fort Ven- ango (Franklin), not exceeding three thousand acres at each place. On April 4, 1789, the Council instructed the Surveyor-General to authorize some proper person to locate, survey and return suitable tracts for the purposes mentioned. Mr. John Adlum was appointed whose report was transmitted to the Assembly on Sept. 16, 1789, which shows that the reservation at Presque Isle was surveyed by him on July 27, 28 and 29, 1789; and the accompanying draft of the survey, a very distinct plot of the tract, shows a piece of land 800 perches east and west, 644 perches in depth at its eastern side and 635 perches in depth at the western side; with the streams distinctly located, the Old French Fort placed at the west side of the mouth of Millcreek, and leading southwesterly there- from a double dotted line labelled "Road to Le Beouf" altogether on the west side of Millcreek to the south margin of the plot; while from this road, about half way of the draft is a single dotted line leading west from the place where the road would cross a small stream emptying into Millcreek from the southwest, and marked "Path." This draft is there-
221
HISTORY OF ERIE COUNTY
fore unique in this respect, that it challenges all of our traditions which seem to indicate that the road leading to Le Boeuf had been constructed and used wholly on the east side of Millcreek after a crossing had been effected a few roads south of the military position. The original of this plot is to be found on file in the office of the Department of Internal Affairs of Pennsylvania, and should be regarded as officially certifying the facts found upon the ground by the state official in July of 1789. The draft indicates the contents of the tract to be 3,035 acres.
On April 3, 1792, the Assembly made further reservations "for the use of the State," the island forming the harbor at Presque Isle, and a tract extending eight miles along the shore of the lake, and three miles in breadth, so as to include the tract already surveyed and returned, as well as the whole of the harbor formed by Presque Isle "at the mouth of Harbor Creek, which empties into Lake Erie, along the shore on both sides of said creek, two thousand acres." The reader will here note that the original name of the creek was Harborcreek, and not Mill Creek, as it later erroneously became.
Then followed the Act of April 18, 1795 (3 Sm. L. 233), which pro- vided for the laying out and establishing towns and out-lots within the various tracts of country which had been reserved for public uses, situ- ated at Presque Isle, mouth of French Creek (Franklin), mouth of Cone- wango Creek (Warren), and Fort Le Boeuf (Waterford). It stated that the purpose of the act was to facilitate and promote the settlements and development of the Commonwealth, and to provide additional security to the frontiers of the state. The Governor was also directed to appoint two Commissioners who were to be authorized and directed to survey 1,600 acres of land in town lots, and 3,400 acres adjoining for out-lots, at or near Presque Isle. The streets were to be not more than one hun- dred and not less than sixty feet in width; and to have such alleys, lanes, and other reservations for various public requirements as the Com- missioners should decide. No out-lot was to contain more than five acres, and no town lot was to be larger than one acre. The various reservations were to be limited to twenty acres each. And here the place received a new christening, for the Act declared the old Presque Isle should henceforth be called Erie. The state took pains to dedicate all of the streets, lanes and alleys to be common highways forever. This Act authorized the Governor to sell one-third of the town lots, and one- third of the out-lots at public auction, on the condition that the pur-
222
HISTORY OF ERIE COUNTY
chasers should, within two years after the sale, build on each town lot sold, a house sixteen feet square, and having at least one brick chimney. If the conditions were not fulfilled, no patent was to be issued, and the purchaser forfeited all he had paid on it. One-half of the purchase money was to be paid within three months, and the other half, with interest, within one year of the purchase. A further duty was imposed upon the Commissioners, to be performed before they surveyed the town and the out-lots; and this was to first survey sixty acres on the south side of the harbor, half above, and half below the bank, including the point at the entrance to the harbor; another lot of thirty acres was to be sur- veyed on the peninsula at or near the entrance of the harbor; another of one hundred acres on the peninsula for the use of the United States upon which to erect forts, magazines, arsenals, and dockyards, and such other improvements as the federal government might deem advisable. But, there being some few mill-seats located near the harbor, these were expressly reserved and excepted from the reservation so to be surveyed if they were found to be within the tract. However, the United States was not to be granted the right and title in the soil, but merely the right of occupancy and use.
The reservation at Le Boeuf having already been surveyed by Andrew Ellicott, the ninth section of the Act provided that his survey be ap- proved; and that the Commissioners survey five hundred acres adjoining the town plot for out-lots, with streets, lanes and alleys; that no out- lots should be larger than five acres, and the public reservations were not to exceed in all ten acres. The same provisions were enacted for the sale of the lots by the Governor, and upon practically the same terms and conditions, as those enacted in the case of Presque Isle.
Half of the sales of lots in all the cases were to be made in Philadel- phia, one-fourth in Pittsburg, and one-fourth in Carlisle. A provision was also included for the establishment of a fort at Presque Isle, and a military establishment at Fort Le Boeuf.
Thus it will be seen without much of a strain on the perceptions, that the Commonwealth had some men of acute and prophetic vision within her council halls, who clearly conceived what was possible for the sites selected for the towns of Presque Isle and Le Boeuf. The provisions made for them were not for insignificant, cross-roads villages, but ade- quate provisions was made in each location, for a wonderful, metropolitan expansion. Presque Isle was believed to have reasonable possibilities in
-
223
HISTORY OF ERIE COUNTY
its location for one of the New World's great cities. Even Le Boeuf was planned for the site of a great metropolis at the head of the Ohio naviga- tion. That water route was then still conceived to be a factor of great commercial poteniality. Le Boeuf was to participate in the commerce which would pass up and down that noble highway, resulting in a magni- ficent growth and development on the shores of the inland lake which terminated the voyages. But a short portage was required, and the merchandise would be landed in Presque Isle harbor where it would be freighted by water to all parts of the great north and west. The plans were good, the locations adequate, and the pioneers were coming freely, and yet some other town sites in this general region have been permitted to outstrip those so well designed right here in this county.
The state then made provisions for the future school needs of the territory by arranging in the general Act of April 11, 1799 (3 Sm. L. 381) for the sale of the reserved tracts at Erie, Waterford, Warren and Franklin; providing for the actual survey of the portions of those reser- vations which had not before been laid out in town and out-lots, and for the description of the lands as first, second and third class. Five hundred acres was to be laid off in each reservation for the use of such academies and other schools as the law might establish in the various towns. Copies of the drafts were to be transmitted by the Governor to the Commissioners to use in the selling. Sales were to be made on pay- ment of one-fifth down, one-fifth in twelve months, one-fifth in two years, and the balance in three years, provided, however, that no title should be passed unless within three years the purchaser made an actual settle- ment on it, and cleared, fenced, and cultivated not less than two acres out of every fifty acres, and that he should erect "a messuage fit for the habitation of man" thereon and reside on the premises for a full five years from his first settlement; or else he forfeited payments already made.
The fourth section of the Act provided that the Governor was to appoint four resident Commissioners in each town, and two by the Judges of Allegheny County, to appraise the lots at Franklin, Warren, Water- ford, and in the first section of Erie, as well as the adjoining out-lots. Any person who had purchased lots in the second and third sections at Erie were privileged to exchange for first section lots if they wished. The reservation at the mouth of Cascade Creek at Erie was priced at not less than fifty dollars an acre.
224
HISTORY OF ERIE COUNTY
The condition imposed on purchasers of lots in Erie, Franklin, Warren and Waterford, requiring improvements, etc., was repealed by the Act of February 19, 1800.
The Act of March 29, 1805, erected the first section of the town of Erie into a borough, and gave the new borough certain powers over parts of the reserved land for water-lots and wharves. (P. L. 1805, p. 176).
The Act of March 16, 1807, appropriated two thousand dollars out of the proceeds of lot sales in Erie to public county buildings in Erie. A supplement on March 20, 1811 (5 Sm. L. 212), provided numerous mat- ters with reference to the in-lots in square, and the out-lots, in the sec- ond section of Erie, directing the manner of their sale, and provided in addition that a part of the beach for twenty perches back from the water's edge, and from the upper corner of the Garrison Tract down to lot No. 38 (the property of John Kelso) should be and remain a public landing for the use of the public, until otherwise appropriated by law, and also provided penalties for any obstruction thereof.
By the Act of April 2, 1811 (5 Sm. L. 263), a tract of not less than two nor more than four acres was to be ceded for the use and occupancy of the United States for a site for a lighthouse; and Daniel Dobbins, James Weston and James Pollock were named as Commissioners to con- sult with not less than three vessel captains or commanders and then to lay off the location and file a plot of it with the Secretary of the U. S. Treasury.
By March 20, 1812, it was found that the United States had long since vacated its garrison tracts at both Erie and Waterford, and as the buildings were rapidly becoming dilapidated, an Act was passed on that date (5 Sm. L. 337), for Thomas Wilson, John Boyd and John Lytle, to take charge of those properties with power to lease them, unless the United States should later desire to resume its use of them; and to pay the rents to the Treasurer of Erie County.
The Erie Academy being incorporated by the Act of March 25, 1817 (P. L. 1817, p. 302), the Legislature appropriated the five hundred acres which had been reserved for the use of an academy, to the incorporated academy; and also granted to it certain other lots upon which to con- struct the buildings.
A supplement to the Waterford Academy Act was passed in 1820 (P. L. 1820, p. 174), which authorized the Secretary of the Land Office
.
225
HISTORY OF ERIE COUNTY
to issue a patent to the Trustees of that academy for the eight lots in Waterford marked B on the plot where the United States buildings had stood, to be disposed of as they might think best for the academy. And the supplement of Feb. 24, 1820 (P. L. 1820, p. 39), authorized the Trus- tees of Waterford Academy to sell the five hundred acre tract reserved at Waterford for a price of not less than ten dollars an acre for the use of the academy.
By the foregoing it will be observed that the state did not dedicate these reservations to the use of the public, but reserved them to her- self, so that she could, as she later did, control or dispose of them as and when, and for such purposes, as she might desire. And she there- fore from time to time passed laws affecting those tracts in one way or another, as she willed.
It must be remembered that in laying out, and in disposing of the available lands of western Pennsylvania, the primary intention of the state was to reward her gallant patriots who had served in the War of Independence; secondly to raise some money for the purposes of the · state; and thirdly, to encourage settlements along, and even beyond, the settled frontiers, as an element of protection to the remainder of the state, and for hastening the development of the resources of the state. The first purpose had been accomplished by the giving of the redemption certificates, and donating to them the public lands; the second by pro- viding for generous reservation tracts and districts to be sold and used for educational and other public uses; and the latter by surveying the remaining public land, marking it out for settlements, and by the most tempting proposals to people to go out into the frontiers for the pur- pose of settlement.
But for a long time after the purposes of the state in these regards had been well formulated, the dangers from Indian hostilities wholly prevented the fulfillment of this worthy plan; for it will be remembered that it was in 1782 that Colonel Crawford was defeated by the Indians and barbarously burned at the stake with sufferings unbelievable. That it was in that same year that the whole country from Wheeling on the Ohio to Westmoreland County was ravaged and the settlers compelled to flee; it was in 1790 that General Harmar was defeated on the Miami, and in 1791 a like defeat was suffered by General St. Clair; and until the government made a real business of meeting the Indian situation, and in 1792 sending General Anthony Wayne against them, those depreda- (15)
.
226
HISTORY OF ERIE COUNTY
tions continued to harass the frontiers. He gathered his forces at Legion- ville just below where Economy now stands, and drilled them in the Indian modes of warfare; then advanced to Fort Washington (now Cin- cinnati) and in the summer of 1795 defeated them on the Maumee, con- cluding a peace with them Aug. 3, 1795. Hence the settlement of Erie County made no progress until it was assured that the Indians would be met and compelled to behave.
In anticipation of the conditions which were believed shortly to be assured, the Legislature passed the Act of April 3, 1792 (3 Sm. L. 70), making provision for the sale of the remaining unsold public lands granted by the Indians in 1768 to such persons as would cultivate, im- prove, and settle upon the same, for the price of seven pounds ten shill- ings for every one hundred acres, with the allowance of six per centum for roads to be later laid out and opened.
Thus the state provided for two distinct and separate systems of taking up its vacant lands. One way was for any person to go to the Land Office and buy a warrant for some tract of land which was yet to be surveyed on that warrant, not exceeding four hundred acres with the extra allowance of the six per centum for roads, etc., to be followed by a later actual settlement and improvement. The other system was for the person to go out into the wilderness and choose some tract of land to his taste, settle upon and improve it without previous notice to the state, and making his residence thereon for the lawful period. Then he would apply to the state to have the same regularly surveyed and allotted to him in consideration of his settlement and improvement; but his settlement would not necessarily be found upon the books of the state until a long time after the settler had established himself, and acquired legal rights to it in pursuance of the act.
It therefore happened that many people, and some of them of large means and influence, while the Indian troubles were acute, filed applica- tions for warrants under the former method; but, of course, did not pro- ceed to their locations until much later; while other people, as soon as they could safely get to the front, settled upon such lands as pleased them and made the improvements called for by the other Act, and in many cases this resulted in the same tract having a claimant by settle- ment, and another claimant by holding a warrant in advance of settle- ment. Much confusion and considerable litigation ensued before these troubles were adjusted, and the titles cleared of rival claims.
.
227
HISTORY OF ERIE COUNTY
Some of those "Warrantees" of large means and influence were Sur- veyor-General Daniel Brodhead, who procured warrants for the site of the present Beaver Falls; John Nicholson, Comptroller-General of this state, who on April 14, 1792, secured a large number of warrants, which a little later were assumed by the Pennsylvania Population Company; a foreign company known as the Holland Land Company, entered the field and secured a large number of warrants in April, 1792, and in April and August of 1793; Judge James Wilson, Archibald McCall and Benjamin Chew; and many others; who secured warrants for lands which they deemed desir- able locations, without any reference to whether actual settlements had been made upon them by other persons or not. These warrants of course would have given their holders secure titles only for the provisions of the other Act which provided that no warrant or survey should vest title unless the holder, before the date of his warrant, or within two years thereafter, had made an actual settlement on it, clearing two acres per hundred surveyed, building a messuage and residing there for five years. But because of the wars with the Indians it was contended that an exten- sion of the period had been automatically made during hostilities. Those who had selected their tracts in advance of warrants and had actually settled and improved them, simply "sat tight" as it were and refused to recognize the holders of warrants who had never settled. So much con- fusion and trouble therefore ensued that the Legislature on April 22, 1794 (3 Sm. L. 184), forbade, after June 15, 1794, the issue of any more warrants for unimproved lands in that part "of the Commonwealth com- monly called the New Purchase, and the triangular tract upon Lake Erie," excepting to those who could show some settlement and improvement on them.
The Act of Sept. 22, 1794 (3 Sm. L. 193), made a further innova- tion as to the requirements for settlement and procuring of warrants. It recited that "From and after the passage of this Act no applications shall be received at the Land Office for any lands within this Commonwealth, except for such lands whereon a settlement has been or hereafter shall be made, grain raised, and a person or persons residing thereon." It annulled all applications on file after April, 1794, on which the purchase money had not been paid.
Many acts were subsequently passed by the Legislature having for their object an adjustment of the difficulties arising out of former legis- lation as interpreted by the courts. Many of these newer laws served
228
HISTORY OF ERIE COUNTY
but to aggravate the problems already acute; but the Act of April 2, 1802, provided a method for raising a "Feigned Issue" to try out and settle all questions, speedily, as to the land title controversies. Through this, and through later legislation and the decisions of the courts, titles became more and more settled, until the basic problems involved in the troubles have entirely disappeared.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.