USA > Pennsylvania > Greene County > History of Greene County, Pennsylvania > Part 23
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 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85
258
HISTORY OF GREENE COUNTY.
its authority broke the validity of the claims of these companies, and for eight years while the Revolutionary war lasted, it was left in doubt whether these titles would eventually be established or lost. During that period, therefore, Virginia continued anxious to assert its authority. But when the surrender of Cornwallis and the break- ing of the military force of Britain upon this continent led to a treaty of peace, which left the Continental Congress in supreme an- thority, then the titles of the Ohio and Walpole companies which claimed their legal status from British government were left without validity, and were valueless.
When Lord Dunmore assumed the Governorship of Virginia he proposed to assert his authority with a high hand, regardless of the rights of other parties, and Patrick Henry, who succeeded to the Gubernatorial power, seemed disposed to take up the cudgels which Dunmore had dropped. But when the delegates from Virginia to the Continental Congress met those from Pennsylvania, the whole subject of disputed authority and mutual boundary seems to have been fairly and candidly canvassed, and more moderate views enter- tained. And, as we have seen, the paper drawn up by the combined wisdom of these delegates, was the first word that had a quieting effect. There were very able men in those delegations. John Dick- inson, the author of the Farmer's Letters, was an accomplished scholar and statesman, and Benjamin Franklin was possessed of practical sense amounting to genius. ' Besides, the Congress sat at Philadelphia where a strong influence centered favorable to the claims of Pennsylvania. A sentiment was early manifested on the part of both colonies to have commissioners appointed to settle the dispute.
The terms of the Charter of Pennsylvania were very explicit with one exception. The charter proceeded upon the supposition that the perimiter of the circle drawn with a radius of twelve miles from New Castle, would, at some point, cut the beginning of the 40° of north latitude; whereas this parallel fell far to the south of it. This left the beginning of the boundary unfixed and uncertain, and was the original cause of much wrangling and contention, not only on the part of Virginia, but also of Maryland. But the matter of five degrees of longitude and three of latitude were as definite and unchangeable as the places of the stars in the heavens. Earthquakes might change the surface and the subsidence of the land might yield the place to the empire of the waves, yet the boundaries would re- main unchanged, and could be easily identified. Some observations had been made at Logstown, a little below Pittsburg, by which it was evident that this place was considerably within the boundaries of Pennsylvania both from the west and south. On any clear night the altitude of certain stars would give the latitude of the
259
HISTORY OF GREENE COUNTY.
place and a good chronometer would show, by difference in time, the longitude. The Virginia delegates in Congress were scholars enough to understand that. It is probable that they saw at the outset that the Pennsylvania title was good, and would eventually prevail. This accounts for the conciliatory temper manifested in that first communi- cation quoted above, and in subsequent action.
During the past few years the government of Pennsylvania have had commissioners engaged in rectifying the boundary lines of the State, and planting monuments to mark them. By an act approved on the 7th day of May, 1885, the reports and maps of these commission- ers, together with the complete journal of Mason and Dixon, from December 7, 1763, to January 29, 1768, have been published. From that volume many facts upon this subject have been drawn.
It appears that as early as the 18th of December, 1776, the as- sembly of Virginia passed a resolution, agreeing to fix the south- ern boundary of Pennsylvania from the western limit of Maryland due north to the beginning of the 41° parallel and thence dne west to the western limit of the State. This was a concession on the part of Virginia, as it had previously claimed all west of the suunits of the Alleghany Mountains to the New York line. This would have made a break northward from the western line of Maryland, and would have left the counties of Fayette, Greene and a portion of Washing- ton in Virginia. Pennsylvania would not agree to this. Proposi- tions and counter propositions continued to pass between the assen- blies of the two colonies, resulting in nothing until the session of 1779, when it was determined to submit the whole matter in contro- versy to the arbitrament of commissioners. In a letter of 27th of May, 1779, Patrick Henry, Governor of Virginia, communicated to the council of Pennsylvania the intelligence that commissioners had been appointed. On the 27th of August, 1779, the commissioners met at Baltimore; James Madison and Robert Andrews on the part of Virginia, and George Bryan, John Ewing and David Ritten- house for Pennsylvania. Their proceedings were in writing.
The first paper was drawn by the Pennsylvania delegates, in which the points in controversy are fully argued, and this demand made: "For the sake of peace, and to manifest our earnest desire of adjusting the dispute on amicable terms, we are willing to recede from our just rights [the beginning of the 40° north,] and there- fore propose, that a meridian be drawn from the head spring of the north branch of the Potomac to the beginning of the 40° of north latitude, and from thence that a parallel of latitude be drawn to the western extremity of the State of Pennsylvania, to continue forever the boundary of the State of Pennsylvania and Virginia." This would have made a break southward at the western extremity of Maryland and would have carried into Pennsylvania a large tract of
260
HISTORY OF GREENE COUNTY.
what is now West Virginia, nearly the whole of the territory drained by the Monongahela and its tributaries, a tract equal to six counties of the size of the county of Greene.
This proposition the Virginia commissioners rejected in an ela- borate argument in which all the points made by the Pennsylvanians were considered, and they close with the following counter proposi- tion: " But we trust, on a further consideration of the objections of Virginia to your claim, that you will think it advantageous to your State to continue Mason and Dixon's line to your western limits, which we are willing to establish as a perpetual boundary between Virginia and Pennsylvania on the south side of the last mentioned State. We are induced to make this proposal, as we think that the same principle which effected the compromise between Pennsylvania and Maryland should operate equally as strong in the present case." This proposition was the line which eventual- ly prevailed and is the present boundary.
But the Pennsylvania commissioners were unwilling to give up the territory reaching down to the beginning of the 40°. They ac- cordingly made this compensatory proposition: "That Mason and Dixon's line should be extended so far beyond the western limits of Pennsylvania, as that a meridian drawn from the western extremity of it to the beginning of the 43º of north latitude, shall include as much land as will make the State of Pennsylvania what it was originally intended to be, viz: three degrees in breadth, and five de- grees in length, excepting so much as has been heretofore relin- quished to Maryland." This would have put on to the western end of the State a narrow patch, embracing the Panhandle and a part of Ohio, stretching up to the lake, which should be equal in area to the block of West Virginia, which Pennsylvania would give up if Mason and Dixon's line should be adopted.
This proposition was promptly rejected, and the following sub- mitted: "Considering how much importance it may be to the fut- ure happiness of the United States, that every cause of discord be now removed, we will agree to relinquish even a part of that territory which you before claimed, but which we still think is not included in the charter of Pennsylvania. We, therefore, propose that a line run dne west from that point where the meridian of the first fountain of the north branch of the Potomac meets the end of the 30', of the 39° of northern latitude, five degrees of longitude to be computed from that part of the river Delaware which lies in the same parallel, shall forever be the boundary of Pennsylvania and Virginia, on the southern part of the last mentioned State." This gave Pennsylvania a break south into West Virginia, not to the amount of six counties of the size of Greene, but less than two; but it also provided that the western boundary of Pennsylvania should, instead of being a due
261
HISTORY OF GREENE COUNTY.
north and south line, conform to the meanderings of the Delaware, being at all points just five degrees from the right bank of that stream.
To this the Pennsylvania commissioners made the following re- ply: " We will agree to your proposal of the 30th of August, 1779, for running and forever establishing the southern boundary of Penn- sylvania in the latitude of thirty-nine degrees, thirty minutes west- ward of the meridian of the source of the north branch of the Poto- mae River, upon condition that you consent to allow a meridian line drawn northward from the western extremity thereof as far as Vir- ginia extends, to be the western boundary of Pennsylvania." This would have given the narrow strip of West Virginia, and a due north and south line for the western boundary as at present.
This proposition was rejected by the Virginia representatives; but they submitted in lieu thereof the following: " We will continue Mason and Dixon's line dne west five degrees of longitude, to be computed from the river Delaware, for your southern boundary, and will agree that a meridian drawn from the western extremity of this line to your northern limit shall be the western boundary of Penn- sylvania."
To this the Pennsylvania commissioners returned the following answer: " We agree to your last proposal of August 31st, 1779, to extend Mason and Dixon's line due west five degrees of longitude, to be computed from the river Delaware, for the southern boundary of Pennsylvania; and that a meridian drawn from the western extremity thereof to the northern limit of the State, be the western boundary of Pennsylvania forever." This ended the conference and forever settled the southwestern boundary of our good old Commonwealth and brought to an end a controversy that at one time threatened to result in internecine war.
So far as it could be done in theory the controversy was now at an end, though the approval of the two governments was yet to be had, and when that was secured, the actual running of the lines and mark- ing the boundaries, which, as the sequel proves, were subject to delays and irritating contentions. The labors of the commissioners, who held their sittings in Baltimore, were coneluded on the 31st of August, 1779. The Assembly of Pennsylvania, at the sitting of November 19th, 1779, promptly passed a resolution "to ratify and finally confirm the agreement entered into between the commissioners from the State of Virginia, and the commissioners from this State." In good faith Pennsylvania promptly acted. But the Virginia As- sembly delayed, and in the meantime commissioners had been appointed to adjust and settle titles of elaimants to unpatented lands. Although the commissioners had come to a settlement of differences on the last day of August, as late as December of this year, Francis
262
HISTORY OF GREENE COUNTY.
Peyton, Phillip Pendleton, Joseph Holmes, and George Merriweather, land commissioners from Virginia, for the West Augusta district, embracing the counties of Yohogania, Ohio, and Monongalia, Virginia counties, but Westmoreland County, under Pennsylvania authority, came to Redstone on the Monongahela, and held a court at which a large number of patents were granted to Virginia claimants to vast traets of the choice lands along the Monongahela valley to the prejudice of Pennsylvania claimants, though it was now known that all this country, by the award of the Baltimore conference, was within the limits of Pennsylvania. Though Virginia could elaim that the award had not been ratified by the Virginia Assembly, yet high minded statesmanship would have held that all questions of the nature of actual sale of lands should have been held in abeyanee, at this stage of the settlement. The surveys of lands thus adjudicated averaged in quantity from 400 to 800 acres to each claimant, and the number of claims passed upon was almost fabulous.
As soon as intelligence of this procedure, on the part of Virginia, reached the council of Pennsylvania, which was communicated by Thomas Scott, as member of the council from the Westmoreland district, the President of the council, Joseph Reed, addressed the Continental Congress upon the subject, in which, after recounting the facts, he says, " We shall make such remonstrance to the State of Virginia as the interest and honor of this State require; if these should be ineffectual, we trust we shall stand justified in the eyes of God and man, if, availing ourselves of the means we possess, we afford that support and aid to the much injured and distressed inhabi- tants of the frontier counties, which their situation and our duty require." As soon as the state of affairs was known to Congress, a resolution was passed, on December 27th, recommending to the two parties to this controversy not to grant any part of the disputed land, nor to disturb any in possession of such lands, and on the following day, the President of the council of Pennsylvania, issued his procla- mation reciting the fact that a Virginia commission was sitting at Redstone issuing certificates for land, quoting the language of the resolution of Congress upon this subject, and closing by calling on all Pennsylvania officers, eivil and military, to obey the recommenda- tion of Congress, and direeting all Pennsylvania elaimants of land to continue in possession and cultivation of their lands, regardless of the elaims set up by Virginia. Fifty copies of this proclamation were sent for distribution in the disputed district. But the Virginia commissioners sitting at Redstone refused to be governed by the recommendation of Congress, and returned the reply that such objec- tion should be made to the Governor of Virginia, under whose authority they were acting.
The authorities of Pennsylvania were now becoming thoroughly
263
HISTORY OF GREENE COUNTY.
aroused, and on the 24th of March, 1780, a joint address of the Council and Assembly was presented to Congress, setting forth in strong light their grievances, and closing in a belligerent spirit. " If Pennsylvania must arm for her internal defence, instead of recruiting her Continental line, if her attention and supplies must be diverted in like manner, if the common enemy encouraged by our division should prolong the war, interests of our sister States and the common cause be injured or distressed, we trust we shall stand acquitted before them and the whole world; and if the effusion of human blood is to be the result of this unhappy dispute, we humbly trust that the great Governor of the universe, who delights in peace, equity and justice, will not impute it to us."
But all this had small effect upon the authorities of Virginia; for the Legislature, which met in May, enacted that a further time of eighteen months was allowed to obtain certificates from the commis- sioners to enter their claims, provided they did not secure such certificates to land north of Mason and Dixon's line, claimed by Pennsylvania, yet her surveyors continued to act under Virginia authority, as late as June, 1782.
Finally, on the 23d of June, 1780, the Virginia General Assembly took up the matter of boundary and agreed to the terms adopted by the Baltimore commission, but with this important, and to Pennsylvania, humiliating condition: "On condition that the private property and rights of all persons acquired under, founded on, or recognized by the laws of either country previous to the date hereof, be saved and confirmed to them, although they should be found to fall within the other, and that in the decision of disputes thereupon preference shall be given to the elder or prior right whichever of the said States the same shall have been acquired under; such persons paying to that State, within whose boundary their land shall be included, the same purchase or consideration money which would have been due from them to the State under which they claimed the right; and where any such purchase or consideration money hath, since the Declaration of American Independence, been received by either State for lands which, according to the before eited agreement, shall fall within the territory of the other, the same shall be reciprocally refunded and repaid. And that the inhabitants of the disputed territory, now ceded to the State of Pennsylvania, shall not before the first day of December, in the present year, be subject to the payment of any tax, nor at any time to the payment of arrears of taxes, or impositions laid by either State."
Though distasteful and manifestly unjust to Pennsylvania, yet " determining to give to. the world the most unequivocal proof of their earnest desire to promote peace and harmony with a sister State, so necessary during this great conflict against the common enemy,"
264
HISTORY OF GREENE COUNTY.
it agreed to the terms proposed, and the legal forms of settlement were finally at an end.
Nothing now remained to be done but to have the actual surveys made upon this basis of settlement, and to set up the bounds, in order to close the controversy. On the 21st of February, 1781, John Lukins and Archibald McLean were appointed on the part of Penn- sylvania, and on the 17th of April, James Madison and Robert An- drews, on the part of Virginia, to make these surveys. Thomas Jefferson was at this time Governor of Virginia, and he recom- mended that the five degrees of longitude be determined by astrono- mical observations, as being the most accurate, though Mason and Dixon had made actual measurement and reduced it to horizontal distance, and offered to send westward the instruments necessary, viz: "a good time-piece, telescopes and a quadrant." That there should be no interruption from disaffected parties, James Marshall was ordered to call out a company of militia to the number of forty to act as a guard. As the careful survey and marking of the line would unavoidably consume considerable time, Governor Jefferson proposed that a temporary line be rim from the point where Mason and Dixon stopped on Dunkard Creek, a distance of thirty-six miles, in order that the settlers might know as soon as possible under what State government they were living. Mr. McLean was appointed on this service from Pennsylvania, and the Surveyor-General of Yoho- gania County for Virginia. In the meantime it was ascertained that there was a party among the settlers who were strongly opposed to the running of the line, preferring to remain under Virginia rule, and gratified to see the question kept open, as thereby escaping the payment of taxes and doing military service.
Benjamin Harrison succeeded Thomas Jefferson as Governor of Virginia, and in a communication of the 26th of April, 1782, he objects to commeneing to survey from Dunkard Creek where Mason and Dixon left it; but insists that it shall begin at the point where the west line of Maryland ents Mason and Dixon's line. But now a new impediment is interposed to the running of the temporary line; for Mr. McLean writes to Governor Moore of Pennsylvania, "We proceeded to the month of Dunkard Creek, where our stores were laid in on the 10th day of June, and were preparing to cross the river that night, when a party of about thirty horsemen armed on the opposite side of the river, appeared, damning us to come over, and threatening us to a great degree; and several more were seen by our bullock gnard, which we had sent over the river, one of which asked them if they would surrender to be taken as prisoners, with other language of menacing." A conference was proposed, and a committee of the settlers opposing was met, but no arguments were of any avail with them. "The cry," writes Mr.
1
11200 hos rdanson
267
HISTORY OF GREENE COUNTY.
McLean, " against taxes in specie is general; this, together with the idea of a new State, which is artfully and industriously conveyed, are only expedients to prevent the running of the line."
Finally, on the 26th of March, 1783, John Diekinson, who had now become Governor of Pennsylvania, issued his proclamation, com- manding all persons within the limits of the commonwealth to take notice of the provisions made by the two States for running the line, and " to pay due obedience to the laws of this commonwealth." On September 11, 1783, the following persons were appointed on the part of Pennsylvania: John Ewing, David Rittenhouse, John Lukens and Thomas IIntchins, and on August 31 the following, James Madison, Robert Andrews, John Page and Andrew Ellicott, on the part of Virginia, were designated to make a final settlement of the bounds. Their joint report is as follows: "We, the underwritten commissioners, together with the gentlemen with whom we are joined in commission, have, by corresponding astronomical observa- tions made near the Delaware and in the western country, ascertained the extent of the said five degrees of longitude; and the underwritten commissioners have continued Mason and Dixon's line to the termin- ation of the said tive degrees of longitude, by which work the south- ern boundary of Pennsylvania is completed. The continuation we have marked by opening vistas over the most remarkable heights which lie in the course, and by planting on many of these heights in the parallel of latitude, the true boundary posts marked with the letters P and V, each letter facing the State of which it is the initial. At the extremity of this line, which is the southwest corner of the State of Pennsylvania, we have planted a squared unlettered white oak post, around whose base we have raised a pile of stones." At the Wilmington observatory the commissioners commenced their observations at the beginning of July, and continued observing the eclipses of Jupiter's satellites till the 20th of September, that they might have a sufficient number of them, both before and after his opposition to the sun, making near sixty observations. At the other extremity of the line the observations were commenced about the middle of July, and between forty and fifty notes of the eclipses of Jupiter's satellites, besides innumerable observations of the sun and stars were made, and " completed their observations with so much accuracy as to remove from their minds every degree of doubt con- cerning their final determination of the southwest corner of the State."
Thus was settled the location of the southwest corner of the State, and consequently of Greene County. But the western bound- ary was still unmarked, though this, being a simple meridian line, was not difficult of adjustment. Accordingly a commission, consist- ing of David Rittenhouse and Andrew Porter, in behalf of Pennsyl-
268
HISTORY OF GREENE COUNTY.
vania, Andrew Ellicott, of Maryland, and Joseph Neville, of Vir- ginia, was constituted for this purpose, and on the 23d of August, 1785, made this report: " We have carried on a meridian line from the southwest corner of Pennsylvania, northward to the River Ohio, * *
* and we have likewise placed stones duly marked on most of the principal hills, and where the line strikes the Ohio."
From the Ohio River northward the line was surveyed by Alex- ander McLean and Andrew Porter, Rittenhouse and Ellicott having been put upon the northern line, between New York and Pennsyl- vania, who made their final report on the 4th of October, 1786, " that we have ascertained and completed said line by astronomical observations as far as Lake Erie, having opened a vista and planted stones in the proper direction, marked on the east side P., and that said line extends some distance in the lake." Thus was finally settled amicably the question of boundary, which for the full space of a hundred years had vexed the inhabitants of the border and the . governments of three of the original colonies, and which had re- peatedly been carried up to the place of last resort, the King in council. Considerable space has been given to this subject, that it might here be fully understood in all its bearings, as Greene is the county most nearly touched in this whole difficulty, and as it fur- nishes one of the most interesting topics of American history.
269
HISTORY OF GREENE COUNTY,
CHAPTER XVII.
TITLES TO LANDS LARGELY DERIVED FROM VIRGINIA AUTHORITY- CRUMRINE GIVES ENTRIES- PETITIONS FOR A NEW COUNTY- WASHINGTON COUNTY ORGANIZED-COUNTY OFFICERS TRIBULA- TIONS GEORGE ROGERS CLARK'S EXPEDITION-TO ADVOCATE NEW STATE, TREASON -- COUNTY OFFICERS-HENRY TAYLOR FIRST JUDGE-ALLEGHANY COUNTY ERECTED-PORTION TAKEN FROM WASHINGTON COUNTY-BOUNDARY OF TRACT TAKEN FROM WASH- INGTON COUNTY, WIIICH FORMS THE SOUTHERN PART OF ALLE- GHANY.
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.