USA > Wyoming > A sketch of the history of Wyoming > Part 7
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" The case hath been stated and council of the first eminence in Great Britain consulted on the right and title of the Governor and Company of the Colony of Connecticut to the lands within the limits and bounds of their Patent lying westward of the Province of New York. Notwithstanding the several settlements of the boundaries between the Colony on the East and the Province on the West, made, as well by agreement between the parties, as under the royal authority, and not- withstanding the subsequent Charter to Sir Will- iam Penn, their opinion is in favor of the Govern- or and Company of such lands. The General As- sembly of this Colony, holden at New Haven in October last, resolved to make their claim to those lands, and in a legal manner support the same. Thereupon Col. Dyer, Doct. Johnson and Mr. Strong are duly appointed and commissioned to
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treat with your honor and the agent or agents of the Proprietaries of Pennsylvania on that subject; and further to consult and agree with you upon such measures as shall tend to preserve peace and good order among the inhabitants on such lands, and prevent mutual violence and contention during the time the boundaries between this Colony and your Province remain undetermined."
" We do not doubt the compliance of the Pro- prietaries of Pennsylvania to a legal and constitu- tional decision of the case in question, nor your willingness to agree on proper measures to pre- serve peace and good order in the mean time."
The Commissioners at the same time communi- cated the proceedings of the General Assembly of Connecticut relative to the controversy. The Council of Pennsylvania having taken these mat- ters into consideration, on the 15th. of December, made a request in writing that the Connecticut Commissioners should state the limits of the Con- necticut claim in a written declaration. This was complied with on the same day, in which declara- tion the Commissioners state that they were direc- ted " To negociate rather a mode of obtaining an amicable settlement of the controversy between the Colony and the Proprietaries, than an actual and precise settlement of the boundaries between them. We therefore apprehend that the claim on the part of the Colony of Connecticut is to the pur- pose of the negociation with which we are charged, sufficiently designated in the Act of Assembly now before you ; but as we bring with us the most sin-
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bere dispositions to effect if possible an amicable settlement of this controversy, that we may give every facility in our power towards the accomplish- ment of so desirable an object, we will further mention to you that the title to the lands in ques- tion on the part of the Colony of Connecticut is principally founded upon the royal Charter to the Governor and Company of that Colony from his late majesty King Charles the second, dated at Westminster, Anno. 1662, the boundaries of which are thus expressed, viz: [Here follows the des- cription of the boundaries mentioned in the Charter as given in the second chapter. ] Which limits and boundaries do include a considerable part of the lands afterwards granted by the crown to Sir Will- iam Penn in 1681, and which constitute a part of the Province of Pennsylvania, as now claimed by the Proprietaries ; but what part in certain of those lands are so contained within the limits of the prior Patent to Connecticut can now be known only by actually running and ascertaining the lines of that Patent, which we conceive will be best done by Commissioners mutually appointed by the Colony and the honorable Proprietaries, and we on the part of the Colony are now ready to agree to such Com- missioners who shall be authorised to execute the same in the most effectual manner as soon as possi- ble. "
Gov. Penn, in his answer to the letter of the Commissioners, dated Philadelphia, Dec. 17, 1773, after mentioning the uncertainty of the limits of the Connecticut Charter as well as many other
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of the New England grants, and referring to the. settlement of the line from the mouth of Mamavos nak river to be the western bounds of Connecticut, says: " Being clearly of opinion for these and ma- ny other reasons that the present claim made by your Government of any lands westward of the Province of New York is without the least founda- tion, you cannot reasonably expect that I should accept of the proposal of ' settling and ascertaining the boundaries between the Colony of Connecticut and the Province,' or enter with you into a nego- ciation on that subject, nor can I with any propri- ety agree to the alternative proposed in the Act of Assembly of your Colony which you have laid be- fore me, namely: ' That if we cannot agree amica- bly to ascertain these boundaries, then to join in an application to his majesty to appoint commis- sioners for that purpose.'"
Several communications afterwards passed be- tween the Commissioners and Gov. Penn, calcu- lated on their part to pursuade to a negociation and on the part of the Governor to prevent. it. To give the whole of this correspondence would swell this chapter beyond its intended size, and would form perhaps, to many persons, an uninteresting detail ; but as this was an early and sincere attempt on the part of the Colony and actual settlers, to adjust and settle all disputes amicably, an extract from it is given that the reader may see the manner and spirit with which the correspondence was con- ducted. The Commissioners, in a long letter to the Governor, dated Dec. 18, 1773, in which the
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subject of the controversy is extensively embraced, say: "
" There is a clear distinction between a claim and a right, and however ill founded the claim of the Colony may by you be imagined to be, yet that it is an existing claim cannot be denied-and how the admission of such claim, so far as to negociate upon it, to attempt to settle it, or to join in an ap- plication to his majesty for an adjudication upon it, can in any respect prejudice the right, we can- not comprehend.
" We apprehend that your honor is much mis- taken in imagining that the settlement of the line between the Colony of Connecticut and the grant to the duke of York in 1664, was in any degree occasioned by the uncertainty of the bounds and extent of the Charter to Connecticut and the other New England grants. That determination had another and a very different foundation, viz: the possession on the part of the Dutch of that territo- ry which was afterwards granted to the duke of York ; a possession which occasioned its being ex- cepted out of the original grant to the Council of Plymouth, and in fact prevented its being ever ves- ted in the crown until the conquest thereof by Col,, Nichols in August 1664. As that territory there- fore was not in 1662 in the crown to grant, no part of it could pass by the Patent to Connecticuta and it became absolutely necessary after the con- quest and the grant to the duke of York, to ascer- tain what extent of territory had been so possessed by the Dutch and excepted out of the ancient grant
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of the crown. The settlement by that Court was therefore " only to determine what part of the country the duke of York was entitled to in virtue of the Dutch possessions." In the same letter the Commissioners go on to propose that a temporary line of jurisdiction shall be agreed upon, which shall leave the settlers at Wyoming under the Go- vernment of Connecticut, during the continuance of the war then subsisting with Great Britain ; and the settlers on the West branch of the Susquehan- na river, who were then under the Government of Pennsylvania, they proposed should remain so, un- til the termination of the war, when further meas- ures might be adopted to effect a settlement of the controversy.
Gov. Penn, in his answer to this letter of the Commissioners dated Dec. 23, among other things, says: " As I cannot for reasons assigned accede to your proposal of a temporary line of jurisdic- tion, so neither can I foresee any means that appear to me likely to effectuate peace and order, and to prevent for the future such violent outrages as have been lately perpetrated in that part of the country where the people of Connecticut are now settled, but their entirely evacuating the lands in their possession until a legal decision of our con -. troversy can be obtained."
ยท He then in the same letter proposes that the Col- ony of Connecticut shall apply to the King, and assures them that the Proprietaries will meet the subject in presence of his majesty, but that if they do not think proper to do so, the Proprietaries of
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Pennsylvania will apply to him for a decision on their claims. In their answer to this part of Gov. Penn's letter, the Commissioners advert to their proposal of applying jointly to the King ; but ob- ject to apply separately because that on so impor- tant a subject they do not think that his majesty would come to a decision without first directing a board of Commissioners to examine the facts in America which would produce much delay and expense, and probably be postponed until after the war, &c. The Governor, in his letter, had allu- ded to some former sales of the Susquehanna lands to the Proprietaries by certain Indians, and in answer to this the Commissioners say, " It were easy to observe that the purchases from the Indians by the Proprietaries, and the sales by them made, were they even more ancient than they are, could add no strength to the Proprietary title, since the right of pre-emption of the natives was by the royal grant exclusively vested in the Colony of Con- necticut, and consequently those purchases and sales were equally without any legal foundation. They could neither acquire any right by the one, nor transfer any title by the other, but that both the one and the other have been too recent to be the ground of any argument, since we are advised that the Proprietaries made no purchase of the na- tives of any consequence to this dispute prior to the treaty of Fort Stanwix," (A. D. 1768.) The Governor had also suggested an objection to the Connecticut claim, upon the ground of an imprac- ticability in the Colony to exercise jurisdiction
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over a country extending from the Atlantic to the Pacific ocean. To this objection the Commission- ers reply that it is a question of policy, not a ques- tion of right, and should not be agitated at this time ; but that the Connecticut grant even under that view appears no more objectionable than the grant of so large a territory as Pennsylvania to one person. They conclude by saying that both here and in Europe they had offered, and they now repeat the offer, to submit all matters in dispute to a com- petent tribunal and to be concluded by the decis- ion. These offers however, proved unavailing and the Commissioners returned to Connecticut without having effected the object of their mission. The particulars of this Conference were laid before the General Assembly of Pennsylvania on the 29th. of Dec. 1773, and on the 18th. of January follow- ing, the Assembly passed an address to the Gov- ernor, in which, among other things, they say :-
" To prevent the mischievous effects of this unkind and unneighborly disposition in the Govern- ment of Connecticut, we beg leave earnestly to re- quest that you will pursue every effectual measure to call the claimants before his majesty in Council and to bring their claim to an immediate decision."
Measures were accordingly taken for that pur- pose, but his majesty had now claims of a differ- ent and more important nature to decide with his American subjects, all of which were eventually set- tled by his acknowledgement of their independence.
After the Connecticut Commissioners had made report of the failure of the negociation with the Proprietaries of Pennsylvania, the Susquehanna
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Company represented to the General Assembly of Connecticut that as all hope of being erected into a separate Colony at Wyoming by special Charter from the King was now lost, in consequence of the existing war with Great Britain, and, as the set- tlement at Wyoming was not sufficiently powerful to protect itself in a state of war against the Prov- ince of Pennsylvania on the one hand, and the combined British and savage enemies on the other, they requested that those settlements might be ta- ken under the protection of the Colony of Connec- ticut-be considered as a part of that Colony-and be subject generally to its laws and jurisdiction.
The General Court having taken these repre- sentations into consideration, passed an Act in January, 1774, by which the country extending from the river Delaware westward fifteen miles beyond Wyoming, and in extent North and South the whole width of the Charter bounds, was erec- ted into a separate Town to be called " West- moreland," and annexed to the county of Litch- field. By this Act all persons were forbid from settling upon any lands within the limits of the Connecticut Colony westward of the Province of New York, except under the authority of that Colony ; and Zebulon Butler, Esq. and Nathan Denison, Esq. were appointed Justices of the Peace, and directed to call a town meeting for the election of other officers. In pursuance of the provisions of this act, a general meeting of the in- habitants of Wyoming was held, and their civil officers were elected ; and from this time Wyo-
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ming ceased to exist as a separate Republic, the laws of Connecticut being exercised over the coun- try in full force. A special court was established for the trial of certain causes which it would be in- convenient to try at Litchfield, and the inhabit- ants of Wyoming were represented in the Connec- ticut Legislature by one member elected to the gen- eral court. The Act authorising these proceed- ings was communicated by the Governor of Con- necticut to Governor Penn and by him laid before the council on the 24th. of February, 1774, and on the 28th. of the same month, Governor Penn issued his Proclamation forbidding all persons from attending the town meeting or election then noti- fied by Zebulon Butler, and all other unlawful meetings, and also forbidding all persons from en- tering or settling any lands at Wyoming without consent of the Proprietors. But this Proclamation appears to have been regarded with as little atten- tion by the inhabitants of Wyoming as would have been a royal edict issued by the King of Spain .- Thus the war between the two parties appears to have been conducted during the year 1774, prin- cipally by means of civil acts and Proclamations ---- a system which has since been enlarged and im- proved by some of the modern nations of Europe.
As those hostile measures which preceded the vigorous prosecution of the war between Great Britain and the American Colonies became more . generally known, the influence of the Provincial Governors became less powerful, and as Govern or Penn's Proclamations were not followed by any
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warlike movements, the settlements at Wyoming enjoyed for a time under their Government a con- parative state of repose. Many new townships were laid out, and the settlements considerably extend- ed ; but while these measures were peacefully progressing, a settlement, which had been com- menced by the Susquehanna Company on the West Branch of the Susquehanna river, was attacked on the 28th. of September, 1775, by a body of militia from the county of Northumberland, who, after killing one man and wounding several others, made prisoners of the remainder, and conveyed them to Sunbury. Several boats from Wyoming which carried on a trade down the river, were about this time plundered near Fort Augusta, and thus the flames of war were again re-kindled by the content ding parties. Wyoming however, was not at this time the only scene of contention. The differen- ces which had arisen between the Government of Great Britain and the American Colonies, were in no degree removed-a powerful British force was stationed in Boston, the battle of Bunker's Hill had been fought, the town of Charleston reduced to ashes, and the whole continent threatened with hostile convulsions. A congress of Deputies from twelve of the Colonies and Provinces, had assem- bled the preceding year at New York to consult upon proper measures for their mutual defence, and another General Congress of Representatives from all the Colonies and Provinces, was to assem -. ble about this time at Philadelphia for the same purpose. To this congress the Wyoming settlers
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resolved to apply for protection, and a memorial and petition was accordingly presented, setting forth their complaints, and requesting that meas- ures might be adopted to preserve peace and tran- quility in their settlements. On the 4th of Novem- ber the congress took this memorial into considera- tion, and on motion, came to the following resolu- tion:
" The congress, considering that the most per- fect union between all the Colonies is essentially necessary for the preservation of the just rights of North America, and being apprehensive that there is great danger of hostilities being commenced at or near Wyoming between the inhabitants of the Col- ony of Pennsylvania and those of Connecticut :
" Resolved, That the Assemblies of the said Colonies be requested to take the most speedy and effectual steps to prevent such hostilities.
" Ordered, That Mr. M'Kean and Mr. Dean, wait upon the honorable house of Assembly of Pennsylvania now sitting with a copy of the above resolution.
" Ordered, That a copy of the said resolution be transmitted by express to the magistrates and people of Pennsylvania and Connecticut on the waters of the Susquehanna."*
This resolution, however, produced very little effect upon the Government of Pennsylvania, and although notified by express to the state authorities at Sunbury, still the settlers who had been taken
*See Journals of congress, vol. I. p. 215.
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prisoners upon the West Branch were not set at liberty, but more closely confined than before, and many of the inhabitants of that town became much alarmed lest a detachment from Wyoming should at an unguarded moment set fire to the town and break open the prison. A representation of these fears was made to the Governor by William Plun- ket and others, who had shared the plunder upon the West Branch, setting forth that the settle- ments at Wyoming were daily increasing in' strength, that a competent force could probably be raised at that time to subdue them, but that in an- other year they would probably be too strong, that the prison was full and continually in danger, and that should his honor be disposed to direct it, they were willing to undertake an expedition against Wyoming .* Orders were immediately issued by the Governor to Plunket, directing the " Posse" of the county to be raised, and conducted by the Sheriff to Wyoming to expel the Connecticut set- tlers from the country, but as the form of the pro- ceedings was to be of a civil and not of a military character, the orders were to " restore peace and good order in the county." In pursuance of these orders, a force of about seven hundred men was raised for the expedition ; and a sufficient quanti- ty of arms, provisions and military stores having been procured, and placed on board of a large boat, the little army commenced its march from Fort
*See Plunket's letter on file in the Secretary's office, Harrisburg.
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Augusta near Sunbury, about the beginning of December. Plunket, who, to his authority as ci- vil magistrate, added that of colonel of militia, had command of the expedition, but to preserve ap- pearances it was thought proper that William Cook, Sheriff, should accompany the troops to Wyoming.
Information of Plunket's march having been re- ceived in Philadelphia, where the American con- gress was then sitting, produced considerable sen- sation, as it was expected the resolution of con- gress would have prevented further proceedings against the Wyoming settlements. This effect not having been produced, the congress, on the 20th of December, passed the following preamble and resolution:
" The congress taking into consideration the dispute between the people of Pennsylvania and Connecticut on the waters of the Susquehanna, came to the following resolution:
" Whereas a dispute subsists between some of the inhabitants of the Colony of Connecticut, set- tled under the claim of the said Colony on land near Wyoming on the Susquehanna river and in the Delaware country and the inhabitants settled under the claim of the Proprietors of Pennsylvania, which dispute it is apprehended will, if not sus- pended during the present troubles in the Colonies, be productive of pernicious consequences, which may be very prejudicial to the common interest of the United Colonies, therefore,
Resolved, That it is the opinion of this congress, and it is accordingly recommended, that the con-
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tending parties immediately cease all hostilities, and avoid every appearance of force until the dis, pute can be legally decided; That all property ta- ken and detained be immediately restored to the. original owners ; That no interruption be given to either party to the free passing and re-passing of persons behaving themselves peaceably through the disputed territory, as well by land as by water without molestation of either persons or property ; That all persons seized and detained on account of said dispute on either side, be dismissed and permitted to go to their respective homes, and that things being put in the same situation they were before the late unhappy contest, they con- tinue to behave themselves peaceably on their res- pective possessions and improvements until a legal decision can be had on said dispute, or this con- gress shall take further order thereon, and nothing herein done shall be construed in prejudice of the claim of either party."*
Notice of this resolution was immediately given to the respective parties, but it produced very lit- tle effect ; no counter orders were sent to Colonel Plunket, who continued his march very slowly up the Susquehanna. The provisions for the troops. could be conveyed only by the boat, and as the march of the troops along the shore was necessarily regulated by its progress, and its ascent against the current very much impeded by floating ice, the expedition did not arrive at the foot of Nanticoke
*See Journal of congress, vol. I. p. 279.
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falls until the 24th. of December. At this place Plunket found the river so full of ice as to render the ascent of the falls impracticable ; and it was accordingly concluded to leave the boat at that place, to supply the men with provisions for a few days in their knapsacks, and to proceed with all possible expedition to the attack upon Wyoming Fort. Accordingly a small guard was left for the defence of the boat, and the troops commenced their march along the road leading through the gap of the mountain into Wyoming Valley. On the West side of the river, at the point of the Shawa- nese mountain a short distance above Nanticoke falls, is a projecting rock, which lies in the form of an inclined plane descending towards the Val- ley, and extending its point towards the river. This rock presents down the river an abrupt precipitous front ; and has the road winding around the point of it. As Plunket advanced through the defile, this brow of the rock suddenly presented to his view a long rampart constructed by the Wyoming settlers, who had received notice of his approach, and who, rising from behind it, discharged a volt ley of musketry at his troops, which, on account of the distance, took little effect. Plunket's troops were thrown into great confusion, and immediate- ly retreated behind the point of the mountain, where he again collected them to consult on what further measures should be pursued. With their boat they had brought a batteau for the greater convenience of crossing the river in difficult pla- ces, and it was now resolved to bring the batteau
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above the falls, and by means of it convey the troops in small parties across the river, under the protection of those on shore, and when the whole force should have thus crossed, to enter the Val- ley on the East side of the river. The Wyoming settlers, aware that this course might be attempted, had provided against it by placing a small detach- ment in the defile upon that side under the com- mand of Lieut. Stewart who lay with his men con- cealed in the thick woods on the bank of the river, and as Plunket and a few men were attempting to land from the batteau fired upon them, killed one man and it was supposed wounded some others, when they immediately pushed the boat from the shore, and without attempting again to land floated down through the falls, Plunket himself lying down in the batteau to escape the shots that were fired at him. The troops which remained upon the west- ern shore, observing that the fire upon the batteau proceeded from the bushes on the opposite bank, discharged a volley into them and killed one of the settlers of the name of Bowen. Plunket's troops then returned to their boat where they again held a consultation relative to future operations. To force the breastwork on the rock was deemed im- practicable-the amount of the force on the oppo- site shore was unknown. To ascend the steep and rocky mountains against a force which could attain the summit before them, and thence precipitate rocks upon them, was considered equally imprac- ticable. To reduce Wyoming at one blow was no longer to be expected-and as in a few days the
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