The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII, Part 86

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 438

USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII > Part 86

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cause a plat from it will be shewn you by my agent, in which those who are purchasers of me will find their names and interests, &c.

"For your particular concern, I might entirely refer you to the letters of the president of the society, but this I will venture to say, your provincial settlement, both within and without the town, for situation and soil, are without exception :- Your city lot is a whole street, and one side of a street from river to river, con- taining near one hundred acres, not easily valued; which is besides your four hundred acres in the city Lib- erties, part of your twenty thousand acres in the country, &c. "

When the city plan was made out, two large lots were laid down for two purchasers of twenty thousand acres, others to suit the purchasers of ten thousand, five thousand, one thousand, five hundred and less, and numbered on the draft, and some mode was devised for drawing the names of the purchasers, with the number, of the size belonging to each. Thus, William Penn, junr. drew No. 1, and the Society of Free Traders drew No. 5.

There were but three purchasers of twenty thousand acres, viz. The Society of Free Traders, William Penn, junr. and Letitia Penn. The lots of the two latter were disputed, and after several trials by Jury, it is said they have obtained but 244 feet in breadth from Delaware front street to Schuylkill. The lots of the purchasers of ten thousand acres, bore no manner of proportion to the foregoing-They had six lots of 102 feet in breadth from Second to Third, and from Third to Fourth street, on each front, that is Delaware front, Second and Third streets, and Schuylkill front, Second and Third streets, not amounting to more than six acres-Nicholas Moore and John Marsh, two of these great purchasers, drew on Delaware front, No. 6 and 7.

Purchasers of five thousand acres had two lots, one on Front street 102 feet in breadth, extending from Front to Second street, and one on High street, 132 feet in breadth, and extending half the depth, north- ward towards Mulberry street, or southward towards Chesnut street, or about 300 feet, being less than two acres.

Purchasers of 1000 acres, had two lots, one of twen- ty, or twenty one feet in breadth on Front street, ex- tending to Second street, and the other on High street, believed to be 32 feet, by half the depth to the next street.

Purchasers of 500 acres had lots on the back streets, as all the streets were called, except Front, or High streets, 49§ feet in breadth, by half the depth to the next street, or thereabouts. This is a general outline, as far as it can now be ascertained, of the regulations of the city lots. Holmes' printed map, in a very mu- tilated state, from long use, is yet remaining in the Surveyor- General's office, but there is also there a cor- rect copy on parchment. The names of the first pur- chasers, annexed to the map, which is the original used, and referred to by the commissioners of property, must soon disappear, if not copied. 'The editor has taken a correct copy, which may be given in the appendix, if it shall be deemed necessary or useful. In this place it is necessary to refer only to the following parts of the printed list, viz.

"The purchasers from one thousand acres and up. wards, are placed in the fronts and high streets, and begin on Delaware front, at the south end, with No. 1, and so proceed with the front to the north end, to No. 43."

Then follows the list of names who drew the 43 lots or numbers.

"The High street lots begin at No. 44, and so pro- ceed on both sides of the High street, upwards to the centre-square."

Then follow the names of the persons who drew the lots, amounting to 39 lots.

"Here follow the purchasers under one thousand

acres, and placed in the back streets of the front of Delaware, and begin with No. 5, on the southern side, and proceed by numbers, as in the draft."

Then follow the names of the persons who drew the lots, the number of lots, 192.

"Here follow the lots of Schuylkill front to the cen- tre of the city, the purchasers from one thousand acres, and upwards, are placed in the fronts and high streets, and begin on Schuylkill front at the south end with No. 1, and so proceed with the front to No. 43."

Here follow the names of the persons who drew the 43 lots, and it is to be remarked, that the first seven names on both lists are the same, viz. William Penn, junr. No. 1. William Lowther, No. 2. Lawrence Grow- den, No. 3. Philip Ford, No. 4. The society, No. 5. Nicholas Moore, No. 6. and John Marsh, No. 7. And it is presumed these were the large lots appropriated to the purchasers of twenty and ten thousand acres.

"The high street lots begin at No. 44,and so proceed on both sides of that street to the centre square."

Then follow the names to the lots, in number 43, but some are blank, and have no names annexed.

"Here follow the purchasers under 1000 acres, pla- ced in the back of the front on Schuylkill, and begin on the southern side with No. 1, and so proceed by the numbers as in the draught."

Then follow the names annexed to the lots, the lots being 149 in number, but several are blank, without names annexed, and several names in manuscript, where the printed list has been worn. The whole is thus headed, "Directions of reference in the city draught of Philadelphia, to the lots of the purchasers, &c. by way of numbers, being too small to insert their names,'so that by the number, the lots may be known." It is to be assumed as a principle, of which the evidence is abundant and conclusive, that liberty lands were always considered as part of the quantity purchased, and were taken out of it when the warrant issued for the country land; but the city lots were considered as appurtenant to the purchase, but no part of it; and in the lessee of Hill, v. West, and lessee of Moore r. West, in the supreme court, December term, 1804, it was held, that the right to city lots was so connected with the first purchases, that by a general deed, made in 1704, by first purchasers of 5000 acres, with the appurtenances, city lots, incident thereto, though pre- viously surveyed, will pass together with the liberty- lands, unless a contrary intention can be shewn. MSS. Reports.

That this was the course of the Land-Office, is evi- dent, from innumerable records; but it is ascertained only from such evidence, and from tradition; as it has been already stated, that no trace can now be found, of any written documents, to show when, and in what manner, these important transactions were settled be- tween the proprietor and the purchasers.

In the minutes of the commissioners of property, Book H. page 22, upon application to them for a city lot, the following entry is to be found. The concessions only relate to the liberty-lands, and the first purchasers had no right to city lots, from the first location thereof, but only from the proprietor's grant, after his arrival here.

Upon the second coming of William Penn, after governor Fletcher's time, viz. in the year 1701; the assembly, in an address to the proprietor, claimed cer- tain privileges in the city, which they alleged, had been violated. The seventh and eighth articles are as follow.

"8th. That whereas the proprietary formerly gave the purchasers an expectation of a certain tract of land, which is since laid out, about two miles long, and one mile broad, whereon to build the town of Philadel- phia, and that the same should be a free gift; which since has been clogged with divers rents, and reserva- tions, contrary to the first design and grant, and to the great dissatisfaction of the inhabitants. We desire the

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governor to take it into consideration, and make them easy therein."

"9th, That the land lying back of that part of the town already built, remain for common, and that no leases be granted for the future to make inclosures to the damage of the public, until such time as the respec- tive owners shall be ready to build or improve thereon." Votes of Assembly, vol. 1, part 1, page 145.

The proprietor, in his answer, ten days afterwards, says "you are under a mistake in fact; I have ticdl you to nothing in the allotment of the city, which the first purchaser, then present, did not readily seem to comply with, and I am sorry to find their names to such an ad- dress as that presented to you, who have got double lots 'by my re-applotment of the city, from fifty to one hundred and two feet front lots; and if they are willing to refund the fifty-two feet, I shall as you desire, be easy in the quit rents; although this matter solely refers to the first purchasers, and to me as proprietary."

"You are under a misapprehension, to think, that a fourth part of the land laid out for a city, belongs to any body but myself, it being reserved for such as were not first purchasers, who might want to build in future time; and when I reflect on the great abuse done me in my absence, by destroying of my timber and wood, and how the land is overrun with brush, to the injury and discredit of the town, it is small encouragement to grant your request; however, I am content that some land be laid out for the accommodation of the town, till inhabi- tants present to settle it, under regulations that shall be thought most conducing to the end desired; about which I shall consult with those persons chiefly concerned therein." Ibid. 148.

The assembly in their reply, tell the proprietor, that they had tenderly weighed and debated those two heads, and voted that they be still insisted upon; and further application to be made to the proprietary, hum- bly requesting him to case the party concerned therein, ibid. 153. But nothing further appears respecting this controversy.

That the original concessions and conditions, made in England, related merely to the first purchasers, is evident from a variety of entries in the books of the commissioners of property, corroborated by general opinion, and uniform construction. See book G, page 73. "I. F. being none of the first 100 purchasers, had no right to liberty lands, according to the concessions," so in Book H, page 38.

The point has however undergone judicial investiga. tion and decision, that the concessions are confined to the first purchasers, 2 Binney, 476, and in the case of Springetsbury Manor, in York county; judge Washing- ton decided that the ninth section, which runs thus, " In every 100,000 acres, the governor and proprietary by lot reserveth ten to himself, which shall lie but in one place," was confined to the cases of the first pur- chasers, Cited, ib. 486.

This subject has become more matter of curiosity than utility. Yet it is necessary to observe, that under the commonwealth, the state paid great regard to those ancient claims of original purchasers to city lots; and provided a mode to ascertain those claims, and to grant patents for the lots, or an indemnification for them, in case they had been sold or appropriated ; but li- mited the time in which such claims should be made, which is now expired, and the remaining lots appro- priated by the state, for which see vol. 1, (chap. 931,) page 533, and the note thereto subjoin d -

Before we procced to the mode of granting and set- tling lands in l'ennsylvania, it will be useful to ascertain the Indian purchases, and to give a comprehensive and connected view of the deeds, and boundaries, as far as they can be ascertained. The Dutch and Swedes, as has been already observed, were peaceably settled on the Delaware, and after their subjection by the English, were under the government of New York, and had ac- . quired rights under that government, And several in-

stances occur in the minute books, in which the com- missioners of property confirmed by patent lands deriv- ed from grants and promises from Sir Edmund Andross, the governor of New York.

One of the first acts of William Penn, was to natural ize all the settlers who had seated themselves previous to, and had remained after his arrival, and it appears to have been his earnest desire to extinguish every kind of title, or claim to the lands necessary for the accommoda- tion of his colony, and to live on terms of friendship with the Indian natives

The early Indian deeds are vague, and undefined as to their boundaries, and the stations cannot be precise- ly ascertained at this day; but these circumstances have long ceased to be of any importance; and the deed of September 17th, 1718, seems to define pretty clearly, the extent and limits of the land acquired by the seve- ral purchases, to that period.

We shall begin with the deed of July 15th, 1682, procured at a treaty held with the Indians, by William Markham, the deputy governor, a short time previous to the first arrival of William Penn, from Idgnakon, Ian- nottowe, Idquoqueywon, Suhoppe, for himself, and Oko- nichon, Merkekowon, Oreeklon, for Nannamsey, Shaur- wacighon, Swanpisse, Nahoosey, Tomackhickon, Weske- kitt, and Talawsis, Indian Shackamakers, for the follow- ing lands, for themselves and their people. "Beginning at a certain White Oak, in the land now in the tenure of John Wood, and by him called the Graystones, over against the fall of Delaware river, and so from thence up the sa'd river side to a corner marked Spruce tree, with the letter P, standing by the Indian path that leads to an Indian town called Playwisky, and near the head of a creek called Towissinon, and from thence west- ward to the creek called Neshammonys creek, and along by the said . Nashammonys creek, unto the river Delaware, alias, Makerisk-kitton; and so bounded by the said river to the said first mentioned White Oak, in John Wood's land, and all those islands-called or known by the several names of Matiniounsk island, Sapassineks island, and Oreskons island, lying or being in the said river Delaware, &c.

-By an indorsement on this deed, dated August 1st, 1682, sundry Indian chiefs, not present at the execution of the deed in July, and who style themselves the right owners of the land called Sapassineks, and the island of the same name, ratify and approve it; signed, Idquo. queywon, Swanpisse, Fileroppomond, Essexamarthake, Nanneshessham, Pyserhay. (Note. In a duplicate of this deed, the river Delaware is called Makerisk-kiskon.) These deeds are not recorded. This purchase was of inconsiderable extent.

The deed of June 23d, 1683, is in these words, "We Essepenaike, Swanpees, Okettarichon, and Wessapoak, for us, our heirs and assigns, do dispose of all our lands lying hetwixt Pemmapecka and Neshemineh creeks, and all along upon Neshemineh creek, and backward of the same, and to run two days' journey with an horse up into the country, as the said river doth go, to Wil- liam Penn, proprietor and governor of the province of Pennsylvania, &c his heirs and assigns forever, for the consideration of so much wampum, and so many guns, shoes, stockings, looking-glasses, blankets, and other goods, as he the said William Penn, hath pleased to give unto us, hereby for us, our heirs and assigns, renounc- ing all claims or demands of any thing in or for the pre- mises for the future, from him, his heirs or assigns."

By another deed of the same date, Tamanen and Mctemequan, release to William Penn, the same territo- ry, omitting the two days' journey.

"The extent of this purchase would be considerable, and greatly beyond the limits of the subsequent deed of September, 1718. Neither of these deeds is recorded.

June 25th, 1663. An Indian called Wingebone, con- veys in the following terms, viz. "For me, my heirs and assigns, do freely grant and dispose of all my lands "lying on the west side of the Schuylkill river, beginning

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from the first falls of the same all along upon the said river, and backwark of the same, so far as my right goeth, to William Penn, &c. for so much wampum and other things, as he shall please to give us, &c

July 14th, 1683. Secane and Icquoqusham, Indian Shackamakers and right owners of the lands lying be- tween Manaiunk, alias, Schuylkill,and Macopanackhan, alias, Chester river, grant and sell all their right and title in the said lands, lying between the said rivers, be- ginning on the west side of Manaiunk, [ ] called Con- sohockan, [here an obliteration, ] and from thence by a westerly line to the said river Macopanackhan.

And, on the same day, Neneshickan, Malebore, alias, Pendunoughhah, Neshanocke, [and Oserereon, but not signed by him, ] Shackamakers and right owners of all the lands lying between Manaiunk, alias Schuylkill, and Pemmapecka creeks, grant all their right, title and in· terest in their lands betwixt Manaiunk and Pemmapecka, so far as the hill called Consohockan on the said river Manaiunk, and from thence by a northwest line to the river of Pemmapecka. None of these deeds are recorded.

What was the true situation of the Conshohocken. hill, cannot perhaps, be now ascertained. That it could not be very high up the Schuylkill is apparent; other- wise a northwest line from it, as mentioned in the deed last recited, would never strike Pennepack creek; nor would the line mentioned in the deed of July, 1685, hereafter cited, touch the Chester and Pennepack crecks.

Though the name is now lost, it is most probable that it referred to some of the highlands between Wissahick- on and Norristown.

September 10th, 1683. Grant from Keketappan of Opasiskunk, for his half of all his land betwixt susque- hanna and Delaware, which lieth on the Susquchanna side, with a promise to sell at the next spring, on his return from hunting, his right to the other half of said lands. (This deed is not recorded. )

October 18th, 1683. Machaloha, called himselfown- er of the lands from Delaware river to Chesapeake bay, and up to the falls of the Susquehanna, conveys his right to William Penn, to said lands, to enjoy them, live upon and quietly. (This deed is signed in the presence of many Indians, whose names are partly eaten off by mice, as is also a small part of the deed, where the blank is. - It is not recorded. )

June 3d, 1684. Deed from Manghougsin, for all his land upon Pahkehoma, ( Perkeomink, now Perkioming. This deed is not recorded. )

June 7th, 1684. Richard Mettumicont, calling him- self owner of the land on both sides of Pemmapecka creek, on the river Delaware, releases to William Penn. -Not recorded.

July 30th, 1685. Deed from Shakhoppoh, Secane, Mulibore, T'angoras, Indian shackamakers, and right owners of the lands lying between Macopanackan, alias Upland, now called Chester creek, and the river or creek called Pemmapecka, now called Dublin creek, (Pennypack, ) for all the land beginning at the hill call- ed Conshohockingiunk, alias Schuyl- kill, from thence extending a parallel line to the said Mackopanackan, by a southwesterly course, and from the said Conshohocken hill to the aforesaid Pemmapec- ka, by the said parallel line northeasterly, and so up along the said Pemmapecka creek, as far as the creek extends, and so from thence northwesterly, back into the woods, to make up two full days journey, as far as a man can go in two days from the said station of the parallel line, at Pemmapecka; as also beginning at the said parallel at Macopanackan, and so from thence up said creek as far as it extends, and from thence nortli- westerly back into the woods to make up two full days journey as far as a man can go in two days from the said station of the said parallel line at the said Macopanack- an. (This deed is not recorded.) .

October 2d, 1685. Deed from Pare, Packenah, Ta- reekhan, Sichais, Pitquassit, Towis, Essepenaick, Peskoy, Kekeluppan, Eomus, Machaloha, Mesheconga, Wissapo- wey, Indian kings, shackamakers, right owners of all the lands from Quing Quingus, called Duck creek, un- to Upland, called Chester creek, all along by the west side of Delaware river, and so between the said creeks, backwards as far as a man could ride in two days with a horse, which they convey to William Penn. Record- ed at Philadelphia, in book F. vol. 8, page 121.

In this place should follow a deed alleged to have ex- isted, dated August 20th, 1686, for the walking pur- chase, and which occasioned much controversy and dis- satisfaction among the Indians; it is, however, referred to, included in, and confirmed by the deed of August, 1737. It is certain no such original deed was in exist- ence at the treaty of Easton, in 1757. It will be further noticed in the proper place.

June 15th, 1692. King Taminent, king Tangorus, king Swamfies, and king Hickoqueon, by decd, acknow- ledged satisfaction for all that tract of land belonging to Taminent and others, "which they parted with unto William Penn, &c. the said tract lying between Nesha- mina and Poquessing, upon the river Delaware, and extending backwards to the utmost bounds of the pro- vince." This deed'is not recorded.

These limits on the Delaware are precisely defined. The Poquessing, a name still retained, (as is Neshami- ney: ) is the original boundary between the counties of Philadelphia and Bucks, as ascertained in April, 1685. And tradition informs us, that near the lower side of the Poquessing, on the Delaware, on an elevated piece of ground, the city of Philadelphia was first intended to be built.

January 13th, 1796. Thomas Dongan, afterwards earl of Limerick, in the kingdom of Ireland, late gov- ernor of New York, by deed, conveys to William Penn, all that tract of land lying on both sides of the river Susquehanna, and the lakes adjacent, in or near the province of Pennsylvania, in consideration of one hun- dred pounds sterling .- Beginning at the mountains or head of said river, and running as far as, and into the bay of Chesapeak, which the said Thomas lately pur- chased of, or had given him by the Susquehanna Indi- ans, with warranty from the Su-quehanna Indians.

The Indian deed to Col. Dongan is not known now to exist, nor is there any trace of it in the public offices. It is known, however, that he was the agent of William Penn to make the purchase. This deed was confirmed in 1700. Yet we find the Conestogos Indians com- plaining of it, at the treaty with Sir William Keith, in 1722, and alleging that William Penn, forty years be- fore, got some person at New York, to purchase the lands on Susquehanna from the Five Nations who pre- tended a right to them, having conquered the people formerly settled there; and when the Conestogoes un- derstood it, they were sorry; and that William Penn took the parchment, and laid it upon the ground, saying to them it should be common amongst them, viz. The English and the Indians, &c. The governor answered, "I am very glad to find that you remember so perfectly the wise and kind expressions of the great and good William Penn towards you; and I know that the pur- chase which he made of the lands on both sides of Sus- quehanna, is exactly true as you tell it, only I have heard further, that when he was so good to tell your people, that notwithstanding that purchase, the lands should still be in common between his people and them, you answered, that a very little land would serve you, and thereupon you fully confirmed his right, by your own consent and good will, &c."

The curious inquirer who wishes to be further in- formed of these transactions, now very unimportant, may consult the treaties of 1722 and 1727, in the coun- cil books.

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July 5th, 1697. The deed from the great Sachem Taminy, his brother and sons, is in these words,-"We Taminy, Sathimack and Weheeland, my brother, and Wehequeekhon, alias Andrew, who is to be king after my death, Yaqueekhon, alias Nicholas, and Quenumock- quid, alias Charles, my sons, for us, our heirs and suc- cessors, grant, &c. all the lands, woods, meadows, ri- vers, rivulets, mines, minerals, and royalties whatsoever, situate, lying and being between the creek called Pem- mopeck, and the creek called Neshaminy, extending in length from the river Delaware, so far as a horse can travel in two summer days, and to carry its breadth ac- cording as the several courses of the said two creeks will admit, and when the said creeks do so branch, that the main branches, or bodies thereof cannot be discover- ed, then the tract of land hereby granted, shall stretch forth upon a direct course, on each side. and so carry on the full breadth, to the extent of the length thereof.

Acknowledged in open court, at Philadelphia, 6th July, 1697. Recorded in the Rolls Office, 7th of the 12th month, 1698. in book E 3, vol. 5, page 57, &c.

September 13th, 1700. Widagh and Andaggy-junc- quagh, kings or sachemas of the Susquehanna Indians, and of the river under that name, and lands lying on both sides thereof. Deed to W. Penn for all the said river Susquehanna, and all the islands therein, and all the lands situate, lying and being upon both sides of the said river, and next adjoining to the same, to the utmost confines of the lands which are, or formerly were, the right of the people or nation called the Susquehannagh Indians, or by what name soever they were called, as ful- ly and amply as we or any of our ancestors, have, could, might, or ought to have had, held or enjoyed, and also confirm the bargain and sale of the said lands, made un- to C'ol. Thomas Dongan, now earl of Limerick, and for- merly governor of New York, whose deed of sale to said governor Penn we have seen. Recorded in Book F. vol. 8, page 242.

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The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. XII, Part 86

Author: Hazard, Samuel, 1784-1870 Publication date: 1828 Publisher: Philadelphia : Printed by W.F. Geddes ; Number of Pages: 438

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 438