USA > Pennsylvania > The history of Pennsylvania : from its discovery by Europeans, to the Declaration of Independence in 1776 > Part 41
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* 1753.
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render it effective, it was necessary that the government of Pennsylvania should be deceived. Governor Wolcott, there- fore, hypocritically replied, that the lands of Connecticut being taken up, the inhabitants had turned to those at Wyo- ming, supposing them to lie north of the Pennsylvania line, and designed to purchase them from the Indians; but that, being now assured of their error, he would endeavour to turn their attention to the country mentioned by governor Hamil- ton. And the lieutenant-governor, the better to sustain this deception, gave assurances that " the project of settlement on the Susquehannah was a wild scheme, and would come to nothing."
But Mr. Hamilton was well-instructed, that the contrivers of the plot had resolved to attempt to purchase from the Six nation Indians their right to the coveted lands, through co- lonel Johnson, and one Lydias of Albany; that a purse of one thousand dollars had been subscribed for this purpose, and that agents were about to depart to effect it.
In July, 1754, the Six nations were convened at Albany, with the view of enlisting them, on the part of the English, against the French. Pennsylvania, and most of the other colonies, were represented at the congress then held. After the general business had been disposed of, the deputies of Pennsylvania entered into an open treaty with the Indians for a large portion of the soil yet unsold in that province, including the lands on which the Connecticut speculators had set their eyes, but who made no pretensions thereto before the Indian council, although Mr. Roger Wolcott and others, connected with them, were deputies from Connecticut to the congress. But after the adjournment of the Indian council, it is said, that the signature of some chiefs, during a fit of intoxication, were obtained to a deed purporting to con- vey to certain trustees a tract of land, " lying on the waters of the Susquehannah, about seventy miles north and south, and from about ten miles east of that river, and extending west- ward two degrees."
Such a purchase could give no title. It was void by the laws of Connecticut, forbidding individuals to purchase from
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the Indians; by the resolutions of the congress then convened at Albany, and by those of the Indians, adopted in their gene- ral council. The lands had already been sold by the Indians in 1736, and that sale enlarged and confirmed by a public deed whose seals were scarce dry. The Indian councils at all times afterwards denied the sale. They disclaimed it in January, 1755, and in November, 1758, at Philadelphia; and, in 1763, they sent a deputation to Connecticut, on learning that three hundred families proposed to settle these lands, to remonstrate against their intrusion, and to deny the alleged sale; and, in 1771, the Delawares and their derivative tribes also assured the proprietaries of Pennsylvania that they had never sold any right to the Connecticut claimants. *
The purchase at Albany, whether real or pretended, ex- cited great interest among the speculative and adventurous population of Connecticut. An association was formed under the name of the "Susquehannah Company," consisting of several hundred share-holders, including Roger Wolcott, the late governor, and several members of the general court, and many distinguished inhabitants. A tract of near ten thousand square miles was to be divided in proportion to the shares holden, giving several square miles to each share; and many shares were subdivided; and as the cost of the shares did not exceed nine dollars each, it was in the power of any individual to obtain a right under the company for a valuable farm. Thus a large proportion of the population became interested, directly or indirectly, in the success of the company. The plan was founded in resolute fraud, and prosecuted by all means which might sustain it. By the articles of association each share-holder was bound by himself or substitute to make 1
a settlement, build a house, and clear a certain quantity of land within a given time.t
Soon after the purchase many settlers went on the lands, and many already there were seduced to buy, at a low rate, Connecticut titles. Governor Morris remonstrated with governor Fitch on the procecdigns of the company. The
* Votes. Records. Penn. Gazette, 1763. + Penn Rec.
-
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latter replied, (twenty-ninth November, 1754,) pretending great ignorance of the matter, and supposing that some of the subscribers might reside in his government, proposed to dis- courage them by publishing governor Morris's representa- tions. This answer was given whilst the company were openly and successfully labouring to obtain the aid of their government. In May following, the company, recommended by the assembly, applied to the king for a charter, forming them into a distinct commonwealth, confirming the purchase they had already made, and authorizing them to obtain new grants from the Indians. The efforts of Pennsylvania, and the justice of the crown, defeating this project, the company sent out an agent (in 1762) to solicit an act of incorporation, but without success. Foiled in these attempts, they resolved to rely upon the letter of the Connecticut charter for protec- tion, and to strengthen themselves by sending out, from time to time, a number of pioneers, who should locate themselves in the neighbourhood of the Susquehannah, and be ready to avail themselves of such favourable circumstances as might happen. But, as Pennsylvania had not extinguished the Indian title over the best lands claimed by their company, and as the rottenness of the deed obtained in Albany in 1754 was well known to the grantees, few settlements were made on such lands, avowedly under a Connecticut title. As this bold undertaking seemed to promise eventual success, it sti- mulated a cupidity that rarely required extraordinary excite- ment. Companies were formed in Connecticut, one for settling lands in Pennsylvania, on the Delaware, and others. for obtaining and settling lands in the provinces of New York and New Jersey, under sanction of that magical charter which stretched over any country deemed desirable by its fortu- nate holders. In the latter province their machinations pro- duced a short-lived insurrection.
In 1761 some Connecticut families seated themselves on the river Delaware, near Cushetunk, in Northampton county, and in August, 1762, others seated themselves on the Sus- quehannah, about one mile above the town of Wyoming, in despite of the remonstrances of the sheriff and magistrates,
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and of the Indian chief Teedyuscung. The government of Pennsylvania renewed its remonstrances; but a permanent footing was now thought to be obtained in that province, and governor Fitch replied that the assembly of Connecticut had acquiesced in the desire of the Susquehannah company to set- tle a colony on lands in Pennsylvania. Governor Hamilton issued proclamations against the intruders, but did not resort to more forcible measures. The policy of Pennsylvania was pacific, as the intruders well knew; and she relied on the justice of the king, who was now possessed of her grievances. Nor was this reliance vain. In October, 1763, his majes- ty directed that the contending colonies should each appoint *a commissioner to proceed to the debatable lands, and pro- claim his commands, that the intruders should depart, and abandon their enterprise. Colonel James Burd was appoint- ed commissioner on behalf of Pennsylvania, and this procla- mation, together with incursions of the western Indians, who at this time laid waste the settlements at Wyoming, and killed about twenty of the whites, and many of the resident Indians, among whom was the chief Teedyuscung, who was burned in his cabin, caused a temporary suspension of the company's operations.
In 1768 the proprietaries of Pennsylvania extinguished, by purchase, the Indian title to the lands (inter alia) claimed by the Susquehannah company. Two proprietary manors were laid out at Wyoming, and forty or fifty families obtained leave from the governor to settle upon it. A lease for seven years was given of these manors to three of the principal set- tlers, viz. Charles Stewart, Amos Ogden, and John Jennings. And at the opening of the land office in April, 1769, several hundred applications were entered for lands, and many fami- lies prepared to settle in that vicinity. Relieved from the dangers of an Indian contest, and finding the most valuable lands on the Susquehannah about to be occupied, the Connec- ticut company convened the stockholders in January, 1769, and resolved, that notwithstanding the proclamation of the king, they would proceed to settle the lands on the Susque- hannah; that forty persons should immediately proceed to take
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possession, and that two hundred more should follow in May; that five townships, of five miles square, should be laid out; three on the east, two on the west side of the river, which should be given to these pioneers, in addition to their com- mon shares, on condition that they took and held possession of them for five years, and should hold them under the com- pany only.
Encouraged by these resolutions, several hundred men proceeded to the Susquehannah before the month of June, where they were joined by more than a hundred others, who had collected in Lancaster county. The settlers, under Penn- sylvania titles, erected a block-house for their protection. The intruders immediately built a fort on each side of the block- house, and cut off its communication with the country. Jen- nings, who was sheriff of Northampton county, proposed a conference, and having received three of the Connecticut leaders into the block-house, arrested them, and conducted them to Easton, where they were imprisoned until sufficient bail for their appearance for trial was given. The civil power proved sufficient to reduce the intruders to temporary sub- mission. But, in the succeeding month of February, a cer- tain Lazarus Stewart, and Zebulon Butler, with many asso- ciates, re-entered these settlements, burning the houses, and destroying or carrying away the goods and cattle of the peaceable inhabitants. Governor Penn solicited general Gage for military aid to enforce the law, but the general, who did not think that the occasion justified this course, although at the solicitation of Thomas Penn, instructions had been sent him to that effect by the king,* refused. Again the sheriff dis- possessed the invaders, and Stewart was arrested on a charge of arson; but was released by his followers. A reward of fifty pounds being offered for his recaption, he was taken, and delivered to the sheriff of York county; from whose custody he escaped whilst on his way to Philadelphia for trial, not without suspicion of connivance by the sheriff's officers.
But this bold insurgent, unawed by the terrors of the law,
* T. Penn's letter to Gov. Hamilton. 1
59
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re-assembled his associates, and once more wasted the devoted country. Upon the approach of the sheriff.of Northampton, he retired to a fort, from whence he killed one Ogden, and wounded several others, during a parley held by his own in- vitation, and making his escape by night, he fled the province. The governor, at the instance of the assembly, now proclaim- ed a reward of three hundred pounds for his apprehension; and the harassed settlers, in full confidence that their chief persecutor would not dare to return, resumed their farms and their labours. Their prospect of peace was illusory. In July, Stewart and Butler, at the head of a hundred armed men, embodied, as they alleged, under the authority of Con- necticut, renewed those scenes of violence which had before dispersed the inhabitants. A party of the latter, to the num- ber of eighty-two, men, women, and children, collected to- gether, under the direction of colonel Asher Clayton, cast themselves, with their effects, into a block-house, where they were besieged by the invaders. Captain Amos Ogden was sent to Philadelphia for assistance; new orders were despatch- ed to the sheriff to raise men, and Edward Shippen was sent from the city to his aid. But not more than forty men could be mustered; those of the inhabitants not in the Connecticut interest being fearful of the vengeance of the intruders.
Butler now declared his intention to keep possession of the country at every hazard for the colony of Connecticut; but proposed to determine the right of the two provinces by com- bat, between thirty of his band, and a like number. of Penn- sylvanians. Clayton urged in vain that the right could not be thus decided, and proposed an armistice until he could obtain instructions from his government, asserting the deter- mination of himself and his people to maintain their posses- sions until directed by the constituted authority to abandon them. The besiegers commenced a regular and steady fire of musketry upon the fort, which they continued for seventeen days, with little effect, one man only being killed, and seve- ral wounded; but the assailants suffered more severely. No impression having been made by the musketry, they attempt- ed to batter down the block-house with a wooden cannon,
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but this new species of artillery burst at the second discharge. In the mean time, thirty-two men, with provisions and am- munition, sent by the governor of Pennsylvania for the relief of the garrison, attempted to enter it, which they effected, with the loss of three men wounded, and the greater portion of the convoy. Clayton, however, in hopes that further efforts would be made to sustain him, held out, until compelled by famine to capitulate.
On the fifteenth of August, articles of capitulation were signed between colonel Asher Clayton, Joseph Morris, and John Dick, commandants of the block-house, in behalf of the honourable, the proprietaries of Pennsylvania, and Zebulon Butler, Lazarus Stewart, and John Smith, in behalf of the colony of Connecticut, on the surrender of the fort to the latter ; stipulating that twenty-three men might leave the fort armed, and with the remainder, unarmed, might proceed unmolested to their respective habitations; that the men having families might abide on the debatable land for two weeks, and might remove their effects without interruption; and that the sick and wounded might retain their nurses, and have liberty to send for a physician. Having thus possessed themselves of Wyoming, the Connecticut intruders strengthened them- selves, by collecting under their banner the dissolute and out- lawed, and fugitives from service, from every colony .*
Governor John Penn having left the province for England, the executive duties of the government devolved on the coun- cil, of which Mr. James Hamilton was president. He laid be- fore the assembly, at their September sessions, a statement of the proceedings at Wyoming; but, as no legislative act could be passed in the absence of the governor, they postponed the consideration of the subject. But on the arrival of Mr. Richard Penn,t bearing the commission of lieutenant-governor, they appropriated money for the relief of the settlers who were expelled from their homes; and, the better to protect the remaining inhabitants on the Susquehannah, who were threatened by the intruders with violent ejection from their
Votes.
1 October 17.
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farms, they organized a new county, called Northumberland, from parts of `the counties of Lancaster, Cumberland, Berks, Northampton, and Bedford, and enacted severe penalties against rioters, and persons engaged in tumultuous assem- blies. *
1
Governor Penn transmitted to governor John Trumbull of Connecticut, an account of the proceedings at Wyoming. The latter, for himself and the general court, disavowed them, but asserted that the contested lands were within the chartered limits of the Connecticut colony. "The violence complained of," he said, "was no doubt committed by the claimants under the Susquehannah company, who alleged, that they were first attacked and ill-treated by the people of Pennsylvania, whilst they sought peaceable possession of their lands, by a title they were desirous to vindicate by due course of law." It was obvious, from this reply, that Con- necticut had resolved to support the pretensions of the Sus- quehannah company. She was encouraged in this design by the opinion of legal counsellorst in London, procured upon a very partial state of the case. The general court re- solved,¿ "That this assembly, at this time, will assert their claim, and in some proper way support such claim, to those lands contained within the limits and boundaries of the char- ter of this colony, which are westward of the province of New York." At the same time, they appointed commis- ' sioners to treat with the proprietaries of Pennsylvania, with respect to their mutual boundaries, or to make a joint appli- cation to the crown for the appointment of commissioners for that purpose, and to adopt measures to preserve peace and good order among the inhabitants of the contested lands, until the boundaries of the two colonies should be settled.§
Governor Penn promptly and wisely rejected these over- tures. The title of the proprietaries could gain nothing by their admission that it was doubtful. The grant from the crown to William Penn was clear and precise in its limits,
* Votes.
+ Messrs. Thurlow, Wedderburn, Jackson, and Dunning.
* October, 1773. § Trumbull's Hist. of Conn.
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and whether it had been lawfully made, could be determined only by the king in council. Such determination was an indispensable pre-requisite to any negotiation between the colonies.
Upon the report of the Connecticut commissioners to their assembly, that body resolved to extend their jurisdiction to the settlers on the contested lands; and incorporated them as the town of Westmoreland of the county of Litchfield, with like privileges as other towns of their colony. This town, or township, was of a size which would now be deemed in- convenient, though not divided from the county to which it was appurtenant, by the colonies of New York and New Jer- sey. It is described as " beginning on the west side of De- laware river, at the banks of said river, extending westwardly fifteen miles from Wyoming, north and south, as the grant of the Connecticut colony extends." Zebulon Butler, who was appointed a justice of the peace of this township, summoned the inhabitants by proclamation to Wyoming, to choose town officers, according to the laws of Connecticut. A counter- proclamation was published by governor Penn in February, 1774, forbidding the inhabitants to obey the commands of Butler, or any other person claiming under the colony of Connecticut.
But even in Connecticut these presumptuous and iniquitous proceedings were severely reprehended. Committees from twenty-three towns convened at Middletown, condemned them as founded in injustice, and pregnant with mischief, and as having been obtained by the votes and influence of the proprietors in the Susquehannah company, who had procured seats in the assembly that they might promote their separate interests. The convention drew up a spirited remonstrance to the assembly, and directed it to be circulated through the country for signatures. But the justice of the case they ad- vocated, was feeble before the deep rooted and widely rami- fied influence of the Susquehannah company.
Thus encouraged, the claimants under that company pre- pared to extend their possessions in their township of West- moreland. In June, 1773, they attempted forcibly to expel
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the settlers under Pennsylvania grants from the west branch of the Susquehannah; but their purpose was defeated by the spirited opposition of these inhabitants. The attempt was renewed in May and September, 1775, with like effect, when the intruders supposed their antagonists to have been weakened by draughts for the continental forces. On the last occasion, Butler had under his orders three hundred men .*
The contending colonies referred their claims to the king in. council. But the eager disputes between Great Britain and the provinces, prevented their consideration. This feud threatened greatly to injure the union which was indispensa- ble to the success of the latter. The assembly of Pennsyl- vania, therefore, having learned the attempt made in Septem- ber by the intruders, directed their delegates in congress to represent the mischievous effects of these trespasses, and to solicit the influence of that body to preserve peace until the determination of the king should be known. Congress ap- pointed a committee, before whom the contending parties appeared; the settlers under the Pennsylvania title by a com- mittee selected by themselves, and the Connecticut claim- ants by the delegates in Congress from that colony. The latter proposed to establish a temporary line, prescribing the jurisdiction of the parties within the limits of Pennsylvania, by which Connecticut would obtain quiet possession of an extent of territory almost as large as Connecticut proper. The Pennsylvania settlers instantly rejected the proposition, and, despairing of justice from men who would venture to make it, they refused further negotiation until they should receive instructions from their provincial assembly. Upon the recommendation of their committee, congress adopted a resolution, requesting the assemblies of the two colonies to take speedy and effectual means to prevent hostilities between the rival claimants.t
The assembly of Pennsylvania resorted to such measures as were due to their own dignity and the request of congress.
Votes. + Min. of Cong. 4th Nov. 1775. Votes of Penn.
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They resolved to strengthen the hands of the executive pow- er, approved the resistance of their settlers against the several attempts of the intruders to dispossess them, and declared, that though such intruders having forcibly and violently ob- tained the lands they held, ought to surrender them, and wait for a proper and legal decision of their claims, yet the house would acquiesce in any plan recommended by congress, by which they might enjoy their present settlements until the controversy should be determined by the king, provided Connecticut would give assurances to abide by such determi- nation, and in the mean time to introduce no more settlers, nor resist the laws of Pennsylvania. If such assurances could not be obtained, the house expressed their determination to concur with the governor in any measures to support the pro- perty and just rights of the Pennsylvania claimants.
As there was no disposition on the part of Connecticut to give the assurances required by Pennsylvania, governor Penn issued orders to the magistrates of Northumberland county, to enforce the laws against the intruders at Wyoming. Pro- cess was issued, and the sheriff proceeded towards that set- tlement with a body of near five hundred men .* On approach- ing it, he communicated to some of the settlers, who, under one of their leaders, met him in an amicable manner, his intention to arrest those designated in his warrants, and to refrain from offering violence to any one submitting to the laws. On attempting, however, to proceed further, he dis- covered that a pass before him was strongly fortified, and manned with a force exceeding his own, and he received from the enemy a volley which killed one, and dangerously wounded three others of his party. Thus checked upon one side of the river, he resolved to attempt a passage by the other, and, for the greater secrecy, to cross in the night. But his design was penetrated, and its execution prevented. When he had nearly reached the opposite shore, and whilst entangled in a margin of ice, too thin to bear the weight of a
* December, 1775.
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man, he was fired upon repeatedly from the bank, and com- pelled to retire, with one man mortally wounded.
With this unsuccessful effort terminated the endeavours of the executive of Pennsylvania to expel, by force, her trouble- some inmates. They had become very numerous, and had extended themselves over a large tract of country, upon which they had planted and built with great success. Although their original possession was obtained by unjust and lawless violence, and was maintained under an impudent pretence of title, still that possession by the lapse of time was growing into right, to preserve which it was obvious, the possessors had resolved to devote their lives. Forcible ejection would therefore be followed with much bloodshed, and wide-ex- tended misery, which would tend greatly to weaken the efforts of the two colonies in the common cause against Great Britain. Pennsylvania therefore wisely forebore to assert her indisputable rights, and submitted to await a favourable opportunity, when justice might be done to her by an impar- tial umpire. After the revolution (1802) this vexatious con- troversy, so far as related to jurisdiction, was determined by commissioners appointed by the congress of the United States in favour of Pennsylvania; and a composition was sub- sequently made under the laws of Pennsylvania between the Pennsylvania and Connecticut settlers, as to their territorial rights. But a detailed history of these events belongs to future pages of our work.
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