History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 48

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N
Publication date: 1882
Publisher: Philadelphia : H.L. Everts & Co.
Number of Pages: 1216

USA > Pennsylvania > Washington County > History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men > Part 48

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).

" That Mason and Dixon's line should be extended so far beyond the limits of Pennsylvania as that the meridian drawn from the western extremity of it to the beginning of the forty-third degree of north lati- tude, 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 degreesin length, excepting so much as has heretofore relinquished to Maryland. ... And finally, if this proposal be not complied with, it is our intention that it shall not be adduced to prejudice the claim of Pennsylvania hereafter."

Still the point was not yet reached. It was not far away, however. In her answer on the same day, Virginia could not accede to the idea of compensa- tion when she had nothing for which she should pay, and still contemplating the great necessity "that every cause of discord be now removed," on the same day made another advance :

" We therefore propose that a line run due west from that point where the meridian of the first fountain of the north branch of the Potowmack meets the end of the thirtieth minute of the thirty-ninth degree of north- ern 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 Virginia and Pennsylvania, on the southern part of the last-mentioned State. We hope that this proposal will finally meet with your approbation, as it coincides most nearly with the claim of each State."

To this the Pennsylvania commissioners, on Aug. 31, 1779, replied,-

" We will agree to your proposal of the 30th of August, 1779, for run- ning and forever establishing the southern boundary of Pennsylvania in the latitude of thirty-nine degrees thirty minutes, westward of the meridian of the source of the north branch of the river Potowmack, upon condition that you consent to allow a meridian line drawn north- ward from the western extremity thereof as far as Virginia extends, to be the western boundary of Pennsylvania."

To which the Virginia commissionsrs responded at once,-

"We cannot agree to make that addition to our proposal, .. . but . . we will make a further proposal, which we think as advantageous to Pennsylvania as that first made by you to us. We will continue Mason and Dixon's line due west five degrees of longitude to be com- puted 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 Pennsylvania."

Thereupon the Pennsylvania commissioners closed the negotiations :

"We agree to your last proposal of August 31st, 1779, to extend Mason's and Dixon's line due west five degrees of longitude, to be com- puted from the river Delaware, for the southern boundary of Pennsylva- nia, and that a meridian drawn from the western extremity thereof to the northern limit of the State be the western boundary of Pennsylva- nia forever."

1 For the full record, see 10 Hening, 519.

192

HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

And thus followed the final agreement of the com- missioners of the two States for the establishment of the southern and western boundaries of Pennsylvania. It was in these words :

" BALTIMORE, 31st August, 1779.

"We, James Madison and Robert Andrews, commissioners for the State of Virginia, and George Bryan, John Ewing, and David Ritten- house, commissioners for the State of Pennsylvania, do hereby mutu- ally, in behalf of our respective States, ratify and confirm the following agreement, viz .: to extend Mason's and Dixon's line dne west five de- grees 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 said State be the western boundary of Pennsylvania forever.

"In witness whereof we have hereunto set our hands this thirty-first day of August in the year of our Lord 1779.

" JAMES MADISON,

"GEORGE BRYAN,

" ROBERT ANDREWS,

" JOHN EWING,

" DAVID RITTENHOUSE."1

Even with this agreement, however, the boundary controversy was not yet determined, for, as it will be remembered, the result of the Baltimore commission was to be submitted to the constituent States. Penn- sylvania was the first to act, and

" On Friday, November 19, 1779, agreeable to the order of the day, the House took up the report of the commissioners appointed to settle the boundary line between this State and Virginia, and the same being read and fully considered,

" Resolved, unanimously, That this House do ratify and finally confirm the agreement entered into between the commissioners from the State of Virginia and the commissioners from this State, which agreement is in the following words: [quoting the agreement as printed above.]

" Attested,

" THOMAS PAINE,

" Clerk of the General Assembly." 2

Thus did Pennsylvania manifest her readiness to accept the action of the Baltimore commission and give "it her unqualified approval, as well she might do," says Mr. Veech,8 " seeing that it expanded her western limits full half a degree, without any equiva-

1 Hon. George Bryan was a Philadelphia delegate of the Convention of 1776, and is said to have been the author of the Constitution of that date; in 1777, vice-president and afterwards president of the Supreme Executive Council; 1780, assistant judge of the Supreme Court; 1783 member of Council of Censors from Philadelphia; the author of the celebrated preamble to the Pennsylvania act of 1780 for the abolition of slavery. He was born in Dublin, Ireland, 1731; died at Philadelphia in 1791.

John Ewing, D.D., born East Nottingham, Md., 1732; died 1802; an- cestors from Ireland; tutor in philosophy in Philadelphia College, and became provost of that institution when made the University of Penn- sylvania in 1779; had been commissioner on boundary between Pennsyl- vania and Maryland in 1760; was also pastor of the First Presbyterian Church of Philadelphla.

David Rittenhouse, LL.D., born near Germantown, Pa., 1732; ances- tors from Holland; was eminent as a mathematician and astronomer; was engaged upon the boundaries of New York, New Jersey, as well as of Virginia; state treasurer from 1776 to 1789; first director of the U. S. Mint; died at Philadelphia, June 26, 1796.

Right Rev. James Madison, relative of President Madison, at this time president of William and Mary College, Va., afterwards bishop of the Protestant Episcopal Church of Virginia.

Rev. Robert Andrews, was professor of mathematics in William and Mary College, a Protestant Episcopal minister.

2 This resolution is not found in our Pennsylvania Archives or Records, but see VIII. Penn. Archives, 14; XII. Col. Records, 177, 213. It is printed in full in 10 Hening, 519, et seq.

8 Centenary Memorial, 335.

lent loss on the south." Virginia, however, held back, and whether from a dissatisfaction with the boundaries as established by the commission, or with an intention to benefit her whilom adherents in the Monongahela valley, her Assembly had no action upon the subject until the following summer. And what occurred in the mean time ?

Virginia Surveys in Washington County .- It will be remembered that the General Assembly of Virginia in May, 1779, after the negotiations for the appointment of the Baltimore commissioners had been begun, had passed her act " for adjusting and settling titles of claimants to unpatented lands" upon the western waters, creating districts, with four commis- sioners to each, to hear proofs of settlement rights and grant certificates to claimants, and that the com- missioners appointed for Yohogania, Monongalia, and Ohio Counties were Francis Peyton, Philip Pendle- ton, Joseph Holmes, and George Merriweather. All this before the Baltimore conference.

These land-title commissioners came to " the west- ern waters" in the Monongahela valley in December, 1779, and in that and the following months sat at Redstone and at Cox's Fort,4 on the Monongahela, and granted scores of certificates to claimants under Vir- ginia settlement rights.

Col. William Crawford was the county surveyor for Yohogania County. His "Record Book of Surveys" for that county is still extant, and contains numerous surveys made by him, through his deputies, within the present limits of Washington County, upon cer- tificates granted by the said commissioners sitting either at Redstone or Cox's Fort. These surveys are all plotted out, and properly and neatly recorded, and in order to illustrate to the sense of sight this exer- cise of power by Virginia over lands then known not to be hers, or which at least she was about to aban- don, the accompanying map has been made by an able artist simply by connecting a number of contig- uous surveys together.

The greatest number made in any one locality was upon the waters of Pigeon Creek. And that the reader may know the extent to which this land jurisdiction was exercised, a list is given, 1780. compiled of the surveys from Col. Crawford's record, made upon lands in the present limits of Washington County. The list will be introduced by a transcript of a survey made of a tract then occu- pied in whole or in part by Henry Taylor within sight of Washington.5

4 Redstone was Brownsville. There has been some doubt as to the locality of Cox's Fort. Mr. Veech calls it "Coxe's Fort, on the west side of the Monongahela." Some of the certificates are dated at Coxe's Fort, others at Cox's Fort, evidently meaning the same place. There was a Cox's Fort just above Wellsburgh, on land about 1785 bought by Van Swearingen, but the locality called by this name in the text is believed to be the station or fort of Capt. Gabriel Cox, in the now Union township. 5 In an ejectment brought by Judge Taylor in 1782, his title was sus- tained over that of Richard Yeates, or his assignees, because of a prior settlement. At the date of these Virginia surveys our territory was

Sur Cer as ( Cou Con C.E. Wc

Wagon

Road.

JAMES INNIS 637 Acres.

Surveyed May 4, 1780,

NOAH WILLIAMS 394 Acres Surveyed May 6 1780

Innis

349 Acres

Surveyed June 8. 17 80

RWW.

Mansion House.

sugar

JOSEP

7 $

Surveye

JOHN CRAMER

400 Acres

Surveyed May 11. 17 80,

Facsimile of the Endorsement of each copy of survey.]

Exam Copy Given

VINCE JOHN 299

Survey 172.

Crawford

WILLIAM WOODS

JOHN STUDY 206 Acres Surveyed May 6. 1780

Arnt Rus

DANIEL SWEEKARD 21 Acres Surveyel May 6. 17 80.

Froman's

DRAFT of

as made upon Virginia Settlement Ficates by GOL.WILLIAM CRAWFORD unty Surveyor of Yohogania y in 1780.

cted and drawn by JOHN G. RUPLE or The Illustrated History of hington County.

LUTHER COLVIN.

347. Acres

Surveyed June 24 1780.

EEK

ABRAHAM DECKER

40 0.Acres

Surveyed June 26 1789.

NICHOLAS PLATOR. 400 Acres. Surveyed May 13. 1780.

GEON

VINSON COLVIN. 634 Acres

2 mp

Run

Surveyed June 27- 1780.

GRAYBILL

. Acres

June 3. 1780.

Cave

ave

Run

Mill

PETER CHESEROUND 260 Acres Surveyed June 27 1780

CHRISTOPHER

GRAY BILL

SAMUEL JENKINS. 284 Acres.

Acres

Mill RO

COLVIN HULL Acres

Surveyed June 3. 1780.

Still House Run

Surveyed June 4. 1780.

May 20

JOHN HULL 215 Acres. Surveyed May 26. 1780.

Branch

Road

CIVIL AND LEGAL-PENNSYLVANIA INDIGNANT.

193

MR. RICHARD YATES' SURVEY

CAP. BUCHANONS LAND.

HERCULES RONEY LAND

TÒ VARIATION 2 '2 DEGREES

BECAUSE THE NEEDLE STANDS TO THE EASTWARD OF THE NORTH POINT

-O

C B

" In consequence of three Certificates dated at Coxes Fort the 21st Day of February, 1780, and part of one other dated 9th Day of February, 1780, granted by the commissioners for actual Settlements, appointed to adjust claims to unpattented Lands in the Counties of Yohogania, Mon- ongahela, and Ohio, Richard Yeates, assignee of William Riley, is en- - titled to nine Hundred and Two acres of Land lying in Yohogania County aforesaid, said Land lying on the eastern Branch of the middle Fork of Shirtees creek, the Form, Manner, and Model, is as the annexed Plot representeth : Beginning at W. O. at A, thence S. 37º W. 6434 Pole to a B. Oak at B; thence N. 87º W. 681 Pole to a W. O. at C; thence 8. 37º W. 84 Pole to a W. O. at D; thence N. 82° W. 113 Pole to a W. O. at E; thence N. 36° W. 144 Pole to a B. O. at F ; thence N. 4º W. 175 Pole to a W. O. at G; thence N 58º E. 340 Pole to a W. O. at G ; thence N. 58° E. 340 Pole to a W. O. at H; thence S. 47º E., 126 Pole to a Walnut at J; thence 8. 50° W., 70 Pole to a black Ash at K ; thence South 63 Pole to : a white Ash at L; thence South 89º E., 95 Pole to a Sugar tree at M; thence 8. 8º W. to the Beginning ; Containing by Calculation 902 acres. In Testimony whereof I have hereunto set my Hand this 26th Day of February, 1780.

" THOMAS BOND, D. S. Y. C.

"Examined copy given.

" Test " WILLIAM CRAWFORD, S. Y. C.

" B. JOHNSTON.

"Del'd Mr. Yeates, & by him returned to the Land Office."

Acres. To whom surveyed.

When.

Where.

902. Richard Yeates. Feb. 26, 1780. Chartiers cr., Sth. Strab.

160. Hercules Roney. 26,(?) "

161. Capt. James Buchanan. 26,

400. Ezekiel Hopkins.

29,

Mingo er., Nottingham.

375. Joseph Brenton. May 2,

E. Pike Run.

637. James Innis.

4, ¥

Pigeon cr., Fallowfield.

394. Noah Williams.

206. John Study.

216. Daniel Sweekard. 6.

270. John Book.

10,

263. D. Hopkins, J. Collins. 10,

400. John Cramer.

11, =

408. John Jackson. 11, Chartiers cr., Nth. Strab. 3 3554. John Blackburn.1 Chartiers cr., Peters.

360}. Richard McMachin.3

11,(?) "

(no date given) Mon. r., near Allegh, co.

pretty well settled, and what must have been the temper of the Penn- sylvanians when viewing their execution ?

1 Surveyed under certificate dated Cox's Fort, Feb. 19, 1780, adjoining Moses Coe, William Long, Francis Morrison ; in Peters township, in the corner below the mouth of the East Branch of Chartiers, now or late of D. G. Phillips. At the foot of the record is this note : " B. J. offered the survey-rejected for want of money."

2 The certificate recited is dated at Redstone Old Fort, Nov. 17, 1779.

Acres. To whom surveyed.

When

White

400. Nicholas Plater.

May

13, 17×0. Pigeon cr., Fallowfield.

105. George Sybolt.

15,

2994. Vincent Colvin. 46

20,

235. Philip Black.

20,

153. Nicholas Plater.3

215. John Hull.

26,

Juno 3

Chartiers cr., Poters.

284. Samuel Jenkins. 46

ت Pigeon cr., Fallow field. ..

340. William Woods.

347. Luther Colvin.

24, =

400. Abraham Deaker.

26,

#34. Vinson Colvin.

260. Peter Chesround,

27,

333. Samuel Heath.

Nov.

Mon. R., Union. (?)

376. Moses Holladay.

Dec. 18,

400. John Robinson.

(no date given)

203. Benjamin Bently.

(no date given) Jan. 12, 1781.

Mingo cr., Nott. or U.

375. Capt. Henry Heath.

(no date given)

Mon. R., near A. & W.

400. Capt. Henry Heath.

Waters of Alle. River.'

486.

Robert Lightle.

286.

Capt. Geo. McCormick.7 Feb. 12, 1782. Smith.

763.

Capt. Samuel Brelor. William Askew.

March 17,

At or near Candor.

400.

2. 4

400. =

3, “

Pennsylvania Indignant .- As might have been expected, this exercise of sovereignty created a storm of indignation. "No event in the whole controversy so roused" the people of Pennsylvania. On Nov. 29, 1779, Thomas Scott9 (still living on Dunlap's Creek, in now Fayette County, and therefore near where the land commissioners held their sessions) wrote to the Supreme Executive Council, of which he was then a

3 At the foot of the record of this survey is written : " May 25, 1784, rec'd 5s. 3d. the College Fee. Col. Crawford's fees Mr. Plater says he Paid to Mr. Brock in a cow that Brock sould to John Brouchman." Jolin Brock was a deputy surveyor under Col. William Crawford.

4 See Virginia Act of May, 1780, hereafter quoted.

6 Described as lying in Yohogania County, including the drains of a small branch of Allegheny River, adjoining Hunt, Tub, and Gen. Thompson's land, and was probably north of the Monongahela at Pitts- burgh.

6 Seven months after Washington County was erected !

7 At this date of the first board of Washington County commissioners ! 8 The first of these surveys to William Askey recites a certificate dated at Cox's Fort, Nov. 20, 1779 (the very day after Pennsylvania had con- firmed the report of the Baltimore commission), "That William Askey, assignee of Richard Willis, is entitled to 763 acres of land in Yohogania County, adjoining his settlements made in 1771, lying on the western branches of Robinson's run," part of a pre-emption warrant for 1000 acres.

These are all the Yohogania County surveys in this book (embracing a period from 1780 to 1785, inclusive) which can with any certainty be placed in the present limits of Washington County, including for ob- vious reasons one probably in Allegheny County north of the Monon- gahela River. After the early part of June, 1782, when Col. Crawford was burned at the stake by the Sandusky Indians, Benjamin Johnston succeeded him as county surveyor, at first pro tempore, then by commis- sion. The latter lived then on one of the Dorsey Pentecost tracts, in now North Strabane township.

The deputy surveyors during this period were John Brock, G. Green, Thomas Bond, B. Johnston, Daniel Leet John Wells, William Sinclair, William Lowrey, Isaac Greathouse. It should be remembered that this list does not embrace all the Virginia titles in our county, only those made at this period and in that part of Washington County which lay in the old Yohogania County.

9 XII. Col. Records, 234.

20,

786. Joseph Graybill.4

400. Christopher Graybill.

379. George Venimon.

(?)

212. Jacob Fegle.

(no date given) Nov. 3, 1781.º Union.

June 1,

46 Robinson. Adjoining.

400. John Adams. 2.

Mingo cr., Nottingham. Pigeon cr., Fallowfield.

27,

CHAIN G. JAMES RONEY AND JAMES BUCHANON

194

HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

member, "respecting the State of Virginia empower- ing commissioners to sell lands within the bounds of this State, particularly in the county of Westmore- land." This letter is not found, but on its receipt Joseph Reed, the president of the Council, trans- mitted it to our delegates in Congress1 with some vigorous preliminary remarks, and

" We have therefore thought it our duty to lay this matter before you as the Representatives of Pennsylvania in the great Assembly of Amer- ica, convened for the purposes of general Union and common Defence, that you might take their Sense thereupon, and that we may avail ourselves of their Judgment and Influence, if they conceive the com- mon Interest of America injured thereby. At the same time we shall make such a Remonstrance to the State of Virginia as the Interest and Honour of this State require ; if these should be ineffectual we trust we Bhall 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 Inhabitants of the frontear Counties which their Situation and our Duty requires."

After receiving the resolution of Congress passed Dec. 27, 1779, recommending to the contending par- ties not to grant any part of the disputed land, or to disturb the possession of any persons living thereon, and to avoid every appearance of force until the dis- pute could be amicably settled,2 the president of the Supreme Executive Council on the next day, Decem- ber 28th, issued a proclamation,3 which, after reciting at length the appointment, proceedings, and agreement of the Baltimore commissioners, that that agreement had been at once ratified by the Pennsylvania Assem- bly, and the ratification duly transmitted to Virginia, that nevertheless the officials of that government had proceeded to Fort Burd (Redstone), and were pro- ceeding to exercise a summary and arbitrary juris- diction, tending to dispossess the grantees under Pennsylvania, etc., and quoting also the resolution of Congress, closed by requiring of all officers, civil and military, and others, subjects of Pennsylvania, to pay due obedience and respect to the resolution of Congress, and encouraging the several grantees claim- ing under Pennsylvania to continue in the cultiva- tion and improvement of their several estates, as well as in their allegiance and fidelity, notwithstanding any claims or pretences set up by the State of Vir- ginia. Fifty copies of this proclamation were trans- mitted to Mr. Scott, with a letter from the President dated Dec. 29, 1779 :4

"You will see from its import (the Proclamation) that we thought it best to avoid all irritating Measures, and express our Confidence in the Justice and Honour of Virginia to rectify the Measures complained of. . . We have sent you an attested Copy of the Resolution of Congress, that you may communicate it to the Commissioners if they are yet with you, and we would desire you to do it in form, demanding of them whether they will yield Obedience thereto, and transmitting to us their Answer so Authenticated that, if necessary, we may lay the same before Congress. We shall also remonstrate with the Government of Virginia, etc."

Mr. Scott performed the duties required of him, and on the 20th January, 1780, received the following reply from the Virginia land commissioners still with them on the Monongahela:5

1 VIII, Penn. Archives, 46.

2 XII. Col. Records, 211.

3 Ibid., 212. 4 VIII. Penn. Archives, 63. 5 Ibid., 91.

" MR. SCOTT:

"Sir,-In answer to your application of yesterday we beg you would inform his Excellency the President of Pennsylvania, that we shall ever pay the greatest respect to a recommendation of Congress, as well as to an application from the executive power of Pennsylvania, consistent with our duty as servants of the State of Virginia.

" We do not conceive an immediate application to us (on the resolution of Congress) consistent with the rules of propriety ; we rather think such an application ought to be made to the Governor of Virginia, under whose commission we act. Until that is done and we receive directions to the contrary we think ourselves obliged to continue to act under our commission.

" We are, with great respect, " Sir, Your Obed't hble Servts "FRANCIS PEYTON,

" PHIL. PENDLETON, " JOSEPH HOLMES.

" Cox's FORT [Union tp.],

" January 21st, 1780."

On March 24, 1780, the Supreme Executive Council and the General Assembly6 submitted a joint address to our delegates in Congress, containing a forcible pre- sentation of the state of affairs in the Western fron- tiers : " And we now find ourselves reduced to the sad alternative of seeing a number of honest, industrious settlers, who have peaceably purchased, cultivated, and enjoyed their lands for many years, under Titles of this State, now dispossessed and ruined, or enter into a contest which to us is dreadful in contempla- tion." The address is of great length, and concluded :

" But 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 di- vision 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, wili not impute it to us. Confiding in his protection and the justness of our cause, we shall endeavor to defend and preserve the Citizens of this State from further violence, and if necessary repel force with force, with what success we presume not to say. It is sufficient for us that opposition, Tyranny, and injustice are the same from whatever hands they proceed, and that no change or situation can be more dis- graceful or distressing."

Pennsylvania for the first time in the boundary controversy was now thoroughly ready for a fight. The peace policy was ready to be abandoned. Men are always prepared for an emergency when they are willing to leave the results with Providence. But of what effect were these belligerent declarations upon Virginia? Her General Assembly met in May, 1780. Chapter IX." of the acts of that session was an act granting further time to obtain warrants upon cer- tificates for pre-emption rights, etc. Of this chapter, Section IV. provided that the further time of eighteen months be given to all persons who may obtain cer- tificates from the commissioners to enter the same,

"Provided that the Court of Commissioners for the district of the counties of Monongalia, Yohogania, and Ohio do not use or exercise any jurisdiction respecting claims to lands within the territory in dis- pute between the States of Virginia and Pennsylvania, north of Mason and Dixon's line, until such dispute shall be finally adjusted and set- tled."

6 XII. Col. Records, 289.

7 10 Hening, 237.

195

CIVIL AND LEGAL-FINAL RATIFICATION OF BOUNDARY AGREEMENT.

Look back now at the list of surveys on a previous page.

The Virginia commissioners may not have granted any certificates to settlers after the passage of this act, in May or June, 1780, but her surveyors and deputy surveyors continued right along to receive entries, make official surveys, and to return the same, of lands within the present limits of Washington County, indeed until as late as June 3, 1782, more than a year after Washington County was erected.1

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History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 48

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N Publication date: 1882 Publisher: Philadelphia : H.L. Everts & Co. Number of Pages: 1216

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N
Publication date: 1882
Publisher: Philadelphia : H.L. Everts & Co.
Number of Pages: 1216