History: PA Archives: Second Series, Vol. 18: Part II: JOURNAL OF THE COMMISSIONERS, 1810 FOR LUZERNE AND LYCOMING COUNTIES : DOCUMENTS RELATING TO THE CONNECTICUT SETTLEMENT IN THE WYOMING VALLEY. Contributed for use in the USGenWeb Archives by Joe Patterson and Sally. USGENWEB ARCHIVES (tm) NOTICE All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/pa/pafiles.htm _____________________________________________________________________________________________ NOTE: An html version of this volume may be found at http://www.usgwarchives.net/pa/1pa/paarchivesseries/series2/vol18/paarch2-18toc.html <>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<> DOCUMENTS RELATING TO THE CONNECTICUT SETTLEMENT IN THE WYOMING VALLEY. EDITED BY WILLIAM HENRY EGLE, M. D. HARRISBURG: E. K. MEYERS, STATE PRINTER. 1893. [Page numbers are in carats.] TABLE OF CONTENTS. _ _ _ _ _ _ Minutes of the Susquehanna Company, 1-123 An Examination of the Connecticut Claim, 125-214 Connecticut Records examined by Pennsylvania, 215-276 The Dutch Records of New Netherlands, 277-322 Letters from the Pennsylvania Claimants, 323-388 Letters from Secretary of Land Office, 389-430 Letters from the Commissioners, 431-514 Book of the Fifteen Townships, 515-572 Journal of the Commissioners, 1810, 573-609 Miscellaneous Papers relating to the Wyoming Controversy, 611-780 Index, 781 _____________________________________________________________________________________________ <573> JOURNAL OF THE COMMISSIONERS APPOINTED TO EXECUTE AN ACT OF THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA, ENTITLED AN ACT FOR THE PURPOSE OF ADJUSTING THE TITLES TO LANDS IN BEDFORD AND ULSTER TOWNSHIPS, IN LUZERNE AND LYCOMING COUNTIES, PASSED THE 19 DAY OF MARCH, 1810. <575> JOURNAL OF THE COMMISSIONERS. _ _ _ _ _ _ _ _ The Governor of the Commonwealth of Pennsylvania having appointed and commissioned Isaac Smith of Lycoming County, Matthew Roberts of Montgomery county and George Harrison of Bucks County, Commissioners to execute an act of Assembly, entitled "an act for the purpose of adjusting the title to lands in Bedford and Ulster townships, in Luzerne and Lycoming Counties, passed the 19th day of March, 1810." They, by previous arrangement, met at Williamsport, in Lycoming county, and took the oath of office, as prescribed by the ninth section of said act, before John Turk, Esq'r., one of the Justices of the peace in said county. Whereupon the original commission was recorded in the Recorder's office of said county, and the original delivered to Isaac Smith, Esq'r., one of said Commissioners. The said Commissioners proceeded to the township of Ulster, where they commenced the business of their mission June the 11th, 1810. William Wilson haveing been appointed surveyor on the fifth instant, took the oath prescribed by law, and his compensation was fixed at three dollars p'r. day. Neal McDuffee and Daniel McDuffee were appointed chain carriers, and their compensation fixed at Eighty-seven and half cents p'r day each. Francis Tyler was appointed marker, and his compensation fixed at Eighty-seven and an half cents p'r day; all of whom were severally sworn, as the law directs, by George Harrison, one of the Commissioners. From the best information that could be obtained by the Commissioners, relative to the situation of the township of Ulster, as originally granted, under the rules and regulations of the Connecticut Susquehannah company, in Lycoming county, from the examination of documents and verbal information it appeared that there was a grant by the committee of the Susquehannah company to Asabel Buck and others, in the year 1775; Beginning on the west side of the Susquehannah river, at two miles below the junction of the Tioga with the main branch, and extending west five miles, thence north <576> JOURNAL OF THE COMMISSIONERS. five miles, thence East five miles to the main river, thence down the same to the place of beginning; no survey or allotment was ever made in pursuance thereof; which grant was superceded by a second grant on the 12th day of September, 1785, but no survey or allotments being made under the same, the said second grant was superceded by grants for two townships, the one called Athens, which is dated the 9th day of May, 1786, and was surveyed and alloted in the fall of the same year, as follows (viz): Beginning at a stake, marked, standing on the north line of the Susquehannah purchase, at one mile west of the Tioga branch, thence East on said line, crossing the Tioga and Susquehannah rivers, five miles to a pine tree, marked, thence south five miles to a black oak, marked, thence west five miles, crossing said Susquehannah river to a white oak, mark'd, thence north five miles to the place of beginning. The other called the township of Ulster, which grant is dated the 21st day of July, 1786, and surveyed and allotted in the fall of the same year, And is as follows (viz): Beginning at a tree, marked, standing on the west side of the Susquehannah river opposite to the head of an Island about three quarters of a mile below the mouth of Tioga river, thence west two miles to a corner, thence south five miles to a corner, thence East five miles to a corner, thence north five miles to a corner, thence west three miles to the place of beginning. Whereby it appeared that the said townships of Athens and Ulster were surveyed and laid down on the tract of land which was partly covered by the original grant, and so much thereof as was allotted under the grants and surveys of the said townships, which haveing been made prior to the 28th day of March, 1787, was adjudged to fall within the provisions of the act of assembly. _ _ _ June 12th. The claimants not being able to procure the old grant of the township of Ulster at this time, by reason of its being heretofore delivered to Thomas Cooper, Esq'r., one of the former Commissioners, the present Commissioners proceeded to ascertain the boundary lines of said township as originally granted by the Susquehannah company on the best information that could be obtained; several of the inhabitants attended and declared the place of beginning to be on the south side of the Tioga river, where the waters of that river and the Susquehannah river <577> JOURNAL OF THE COMMISSIONERS. form a junction, and from thence south two miles, thence west five miles, thence north five miles, thence east five miles, thence south three miles to the place of beginning, computed to contain sixteen thousand acres. The surveyor, by direction of the commissioners, proceeded to run the boundary lines accordingly. Haveing fixed the above mentioned bounds, or exterior lines of the old township of Ulster, the commissioners proceeded to give publick notice that they were ready to receive applications and evidence of title from the several claimants, which notice was in the following words: Notice. All persons comeing within the provisions of an act of assembly of the commonwealth of Pennsylvania, entitled "An act for the purpose of adjusting the titles to lands in Bedford and Ulster townships in Luzerne and Lycoming Counties;" owning or claiming lands within the township of Ulster, as originally laid out under the rules and regulations of the Susquehannah Company, are hereby requested to lay their claims with all possible dispatch before the undersigned Commissioners appointed to execute said act. They are prepared at the house of Doct'r. Hopkins, in the town of Athens, to receive all such applications. ISAAC SMITH, MATTHEW ROBERTS, GEORGE HARRISON, Commissioners. Athens, June 12th, 1810. _ _ _ June 13th. Joseph Kingsbury was appointed Clerk to the commissioners, and took the oath of office administered by George Harrison in due form. Elisha Satterlee made application, as Connecticutt claimant, for lot No. 17 in the township of Old Ulster, containing one hundred acres, in the third division of lots in said town, and exhibited his title for the same, which was adjudged to be satisfactory. _ _ _ Surveyed June 14. Stephen Hopkins made application as Connecticutt claimant for lot N'o. 16 in the 3'd division of lots in the old township of Ulster, containing one hundred acres and exhibited his title for the same, which was adjudged to be satisfactory. 37-VOL. XVIII. <578> JOURNAL OF THE COMMISSIONERS. June 14th. The lot in the 2d division, in the Possession of the Penna. claimant. The claim to the undivided right admitted, on the deposition of Col. Franklin, as having been possessed prior to the 28th of March, 1787. Elisha Saterlee made application, as Connecticutt claimant, for a lot of land in the township of old Ulster, in the second division of lots, the same originally drawn by Uriah Stephens, for which he exhibited a title. And also for the one fifty-third part of the undivided land attached to the right of the said Uriah Stephens, included in the same conveyance as exhibited for the above. Whereupon the surveyor and Commissioners proceeded to survey and examine the premises. _ _ _ This claim more fully established. See pages 23 & 24. Abraham Snell made application, as a Connecticutt claimant for part of lot N'o. 18 in the 3d division of lots in the township of old Ulster and drawn in the name of Oliver Bigelow, and said to be conveyed by him to Jacob Snell, and fell to the present applicant, partly by heirship and partly by purchase, and produced a title under the Connecticut Susquehannah Company, from Daniel Snell, one of the heirs to the estate of the said Jacob Snell; said deed bearing date June the 11th, 1805. _ _ _ Surveyed June 15. Lockwood Smith made application as Connecticutt claimant, for lots N'o. 4 & 5, as originally laid out in the old township of Ulster, his title derived from an old proprietors right in his own name entered in said township, which claim is fully established. _ _ _ Surveyed June 15. William Curry applied as Connecticutt claimant for a part of lots N'o. 8 & 9, laid out in the old township of Ulster, under a title derived from William & Elijah Buck, original proprietors, in said township purchase, by a regular conveyance, dated Feb'y. 5th, 1794, and June 15th, 1802, which claim is supported and admitted. _ _ _ Claim admitted. Surveyed June 18. Daniel Miner, as Connecticutt claimant, made application for lots N'o. 6 & 7, as originally laid out in the township of Ulster, on a claim derived on a title from Elijah Buck, an original proprietor, by deed dated Nov'r. 19th, 1792. <579> JOURNAL OF THE COMMISSIONERS. June 15th. The Claims of Lockwood Smith, William Curry and Daniel Miner, adjudged to be correct by the Commissioners, and the surveyor directed to survey the same, accompanied by the Commissioners for the purpose of classing and valuing the premises. _ _ _ Surveyed June 18. 37 acres 134 p's. of this tract transferred by Elijah Buck to Daniel Miner, and surveyed to him July 4. Elijah Buck made application, as Connecticutt claimant, for the remaining part of his land in the old township of Ulster not sold to William Curry and Daniel Miner; by the evidence of his papers, his title appears to be derived from old original rights in the Susquehannah Company, regularly entered in the old township of Ulster, in the name of his father, and in his own name, as early as the year 1775. Claim admitted. _ _ _ Surveyed June 19. Claim admitted same day. John Franklin applied for a lot of land under the Connecticutt title, called a town lot, and known by lot N'o. 25, within the old town of Ulster, and drawn in the name of Nathan Dennison, and by said Dennison conveyed to the applicant, by deed bearing date the 18th Decem'br, 1789. And also about 22 rods in width of lot N'o. 1, in the second division of lots within the bounds of old Ulster; said lot extending from the road leading thro' Tioga Point to the Tioga river; said two tracts claimed supposed to contain about three and half acres, more or less; and the last tract laid out and drawn in the name of the present applicant, on the 10th day of June, 1786. _ _ _ Claim admitted. Surveyed June 27. The Heirs of Abraham Decker, deceas'd, apply for lot N'o. 10, in the 2d division of lots within the bounds of old Ulster, said lot containing ten acres; claimed under the Connecticut title; drawn in the name of Benjamin Allen; from him transferred to John Shepard; from John Shepard to Ira Stephens and from Ira Stephens to Abraham Decker, under whom it is now applied for by his heirs. _ _ _ Saturday, June 16th. Claim admitted. Surveyed June 19. Clement Paine applied for two acres of land within the bounds of the town of old Ulster, under the Susquehannah <580> JOURNAL OF THE COMMISSIONERS. claim, it being a part of lot N'o. 44, in the second division of lots within the bounds aforesaid; said lot being originally drawn in the name of Thomas McClure, and appears to be regularly conveyed to the present applicant, by deed bearing date Decemb'r 20th, A. D. 1798. _ _ _ The lots here claimed were on investigation found to be in the Possession of the PENNA. claimant, except N'o. 40, one-half of Lot N'o. 39 claimed by Elisha Satterlee. Betsy Mathewson, for the heirs of Elisha Mathewson, deceas'd, by her Agent Samuel Satterlee, as Connecticutt claimant, made application for lots N'o. 2, 39 and 40, in the first division, and lots N'o. 1, 2, 6, 11, 16, 17 and 30, in the 2d division of lots within the bounds of old Ulster township, with the exception of 20 perches in width on the north side of lot N'o. 1, lot N'o. 40 in the first division, title derived from John Franklin; also lot N'o. 12, 16, 17, the title derived from John Franklin; lot N'o. 6 laid out in the name of Solomon Bennet, from him to A. Bird, April 5th, 1789; from Bird to Franklin and from Franklin to said Mathewson, deceas'd. Lot N'o. 11, in the 2d division, was drawn in the name of Christopher Hurlburt, and by him conveyed to the said Mathewson, deceas'd; lot N'o. 39, in the first division, drew in the name of Duane & Patrick, by them conveyed to John Jenkins, and from Jenkins to the said Elisha Mathewson, deceased. _ _ _ Claim rejected, June 19. See Page 12. Samuel Satterlee applied for a lot of land within the bounds of the town of old Ulster, laid out on the undivided lands in the year 1795; claimed under a title derived from the Susquehannah Company to Jonathan Hibbard; from Hibbard to Walter Hunt and from Hunt to the present applicant. _ _ _ Claim admitted. Surveyed June 14. John Miller applied for lot N'o. 13 in the 1st division of lots in the town plot within the bounds of old Ulster township, claimed under a title from the Susquehannah Company, drawn in the name of Uriah Stevens and conveyed by him to Nathaniel Dyke, and from Dyke to Samuel Hebrun, and from the heirs of Samuel Hebrun to the present applicant. _ _ _ Claim admitted so far as it relates to the lots in the third division. Surveyed June 21st. The lots in the 4 division rejected. Abner Murray, as Connecticutt claimant, made application for part of lot N'o. 14, 15, in the 3d division of lots within the bounds of the old township of Ulster, upon which the title is <581> JOURNAL OF THE COMMISSIONERS. not already extinguished by purchase from the Pennsylvania claimant; and for lots N'o. 52, 53, in the 4th division of lots within said town. _ _ _ Protest. Henry Wells [Welles]. To the application of Elizabeth Matthewson Henry Wells files in a protest and prays a hearing before the Commissioners, which is granted, and Thursday, ye 28th instant, appointed to hear the evidence and allegations of the parties. _ _ _ The lot N'o. 34 in the Possession of PENNA. claimant. Elisha Satterlee, as Connecticutt claimant, made application for the one equal half of lot N'o. 39, in the first division, and for the one equal half of lot N'o. 34, in the 2d division of lots within the bounds of old Ulster township; said lots being drawn in the name of Joshua, Patrick and Thomas Duane, and the parts above mentioned conveyed by the said Patrick to the present applicant. To the application for lot N'o. 39, Matthias Hollenback thro' Henry Wells sets up a Pennsylvania title, but is not supported by the testimony of said Wells, and no other evidence appears to support the title. _ _ _ Monday, June 18th. Daniel Miner exhibited a warrant for a survey within the bounds of the township of old Ulster, dated the 24th day of April, 1810, which warrant for a survey appears to interfere with a possession and claim under the Connecticutt title of Elijah Buck, but said warrant being dated subsequent to passing the act under which the Commissioners are now acting, cannot be admitted as a just claim to prevent the said Buck from obtaining his right agreeably to said act. Rejected. _ _ _ Claim rejected; not having been surveyed or allotted until 1793. John Shepard applied for the land in the 4th division of lots, within the bounds of the township of old Ulster, which appertains to the right of Christopher Hurlburt, one of the original proprietors within the bounds of the township of old Ulster, under the Connecticutt title; said Shepard also applies for the land in the 4th division of lands in the township aforesaid, which appertain to the right of Matthias Hollenback, one of the original proprietors in said town, under the Connecticutt title. <582> JOURNAL OF THE COMMISSIONERS. Claim admitted. Surveyed June 19. Thomas Overton, as Connecticutt claimant, made application for lot N'o. 38 in the first division of lots within the bounds of old Ulster; drawn in the name of Ira Stephens; conveyed by him to Stephen Hopkins; from Hopkins to William Wynkoop; from Wynkoop to David Paine; from Paine to Levi Thayer; from Thayer to Wanton Rice; from Rice to Chester Bingham; from Bingham to the present applicant. _ _ _ William Slocum established a claim to the North end of the Island, June 28, and conveyed the same to David Alexander by deed, which completed said Alexander's title to the whole Island. See Page 20. Surveyed June 19. See Page 26. David Alexander applied for the following lots of land within the bounds of the township of old Ulster, claimed under a title from the Susquehannah Company, (viz): lots N'o. 34, 35, 36, 37 and 27 in the town plot, and all that lot of land included within a certain field, being on the south of lot N'o. 27, and extending south to the inclosures of Mess'rs. Wells and Paine, meaning to include the land within the following boundaries: allowing the main street for the western boundaries, and the road along the bank of the Susquehannah river for the eastern boundary, be the same more or less; and also the Island opposite the above described lots, which Island appears to have been originally annexed to the township of old Ulster, and the possession of which appears to have been in the present applicant, from a date prior to the year 1787; the title from the Susquehannah Company, of the above described land, appears by regular conveyance to be vested in the present applicant. A lot belonging to John Shepard, included in the above application, which was applied for by said Shepard, and his claim admitted July 3d. _ _ _ Claim rejected as no survey or allotment was made until 1793. Joseph Farlin applied for a lot of land within the bounds of the township of old Ulster, bounded east on land claimed by Daniel Satterlee, north on land claimed by McClure, south on land claimed by Absalom Traverse and west on the west line of the town of Athens; said claim originated from the right of Abel Yarrington, who derived his title from the Susquehannah Company, and conveyed the same to James Irwin; said Irwin to John Shepard and Shepard to the present applicant. The application made by Samuel Satterlee, June the 16th, rejected by the Commissioners for the following reasons, (viz): That the laws under which they act does require that the Connecticutt claimant must make it appear that he was an actual <583> JOURNAL OF THE COMMISSIONERS. settler in Bedford or Ulster, or in some one of the seventeen towns, prior to the 28th of March, 1787, or that he claimed to have acquired a title by or from such actual settler by devise, inheritance, transfer or possession, and that the lot claimed was particularly laid out and alloted to such actual setler prior to said time, agreeably to the rules and regulations then in force among them. It appears to us that the legislature have cautiously guarded against the acknowledgement, or grants of townships, or of particular grants, or rights, which accrued under the orders of the Susquehannah Company after the said 28th of March, 1787, to which time they are expressly limited. The words of the act are emphatical, (viz); "to lines hereafter run and established among them." The clause which relates to the actual setler, in some one of the seventeen towns, does not extend the privilege farther than where such setler has had his right in either of the towns which the present law embraces, surveyed and laid out agreeably to the rules of the Susquehannah Company prior to said day. The law was passed with a view chiefly to perfect and confirm the titles of the actual setlers, because such of the Pennsylvania claimants only whose title accrued by a patent, location or warrant, on which a survey has been executed previous to that time, are admitted, which is in strict conformity with the opposite claim; therefore the present claim not haveing been located or surveyed prior to the same day cannot be admitted. _ _ _ Claim to Lot N'o. 53, admitted. Henry Wells (Welles) applied for lot N'o. 53, in the second division of lots in the bounds of the township of old Ulster; said lot originally drawn in the name of John Jenkins, under a title derived from the Susquehannah Company from the said Jenkins, conveyed to Stephen Bidlack and from the said Bidlack to the present applicant. _ _ _ Surveyed June 27th. Claim admitted and established in part by the testimony of Henry Decker to lot N'o. 20. And also for lot N'o. 20, in the first division of lots within the bounds of the town aforesaid, which lot was drew in the name of Christopher Hurlburt and conveyed by him to _ _ Root, and from Root to James Irwin, and from James Irwin to the present applicant. Application was made for Joseph Tyler (by his son) for a lot of land within the bounds of the township of old Ulster, claimed under the Susquehannah Companies title, it being known by lot N'o. 24, in the first division of lots drew in the <584> JOURNAL OF THE COMMISSIONERS. name of William Jones, and by the said Jones conveyed to the said Joseph Tyler; claim admitted and surveyed June 19th. _ _ _ Wednesday, June ye 20th. Claim rejected. Stephen Hopkins applied for a lot in the fourth division of lots, within the bounds of of old Ulster, drawn as one of the publick lots agreeably to the rules of the Susquehannah Company, and released to the said Hopkins by a committee of said township, appointed for that and other purposes; this lot was not surveyed or alloted till 1793. _ _ _ Surveyed June 27th. John Franklin made application for the widow and heirs of Ira Stevens, deceas'd, for the following described land within the bounds of old Ulster, (viz): lot N'o. 53, in the 3d division of lots in said town, drawn on the right of said Stevens. Also, two tracts called 4th division lots, part of said two tracts adjoins said lot N'o. 53, and part lying on the west side of the Tioga river, separated only by the river; one of said tracts laid out on the right of said Stevens and the other on the right of Benjamin Smith, which last was not surveyed or allotted untill the year 1793, consequently not admitted; all of which was claimed under the Connecticutt title and admitted, except that part which was laid out on the right of Smith. _ _ _ Thursday, June 21st. Abner Murray applied for two lots of land within the bounds of the township of Old Ulster, the one drew in the name of Christopher Hurlburt and the other in the name of Nathan Cary. The aforesaid lots are of the 4th division, and it appears they were not surveyed nor allotted antecedent to the 28th of March, 1787, therefore, are inadmissble. _ _ _ Fryday & Saturday, June 22d & 23d. Employed in makeing out blank certificates, drafting surveys and classing the land. _ _ _ Monday, June ye 25th. See Page 22. Isaac Morley applied for a part of three lots, (viz): lots N'o. 10, 11 & 12, within the bounds of the township of old Ulster; lot <585> JOURNAL OF THE COMMISSIONERS. N'o. 10 drew as a publick lot, lot N'o. 11 drew in the name of McClure and lot N'o. 12 in the name of Hagerman; said Morley claims lots N'o. 11 & 12 by conveyance of Connecticut title, and lot N'o. 10 by occupancy prior to the year 1787; the whole claim was established by Morley's procuring a deed from the committee of the town for lot N'o. 10, which bears date July ye 2d, 1810. _ _ _ Tuesday, June ye 26th. Elisha Satterlee applied for lots N'o. 8, 12 & 20, in the 2d division of lots within the bounds of the township of old Ulster; the lot N'o. 12 drew in the name of John McKinstry, and lot N'o. 20 drew in the name of Ishmael Bennet, both of which lots appear to be regularly conveyed down to the present applicant, and lot N'o. 8 appears to be on the original certificate of the applicant, entered in said town in his own name in May, 1786, but as the lots are in the possession of a Pennsylvania claimant they are rejected. _ _ _ Wednesday, June 27th. See Page 25. The lot here claimed adjudged to Abel Yarrington. Erastus Loomis applied for that part of his improvements, upon which the titles are not already united by purchase, it being a triangular piece of land lying between the said purchase and the land applied for by Daniel Satterlee, said land is claimed by possession and actual occupancy prior to the 28th of March, 1787. _ _ _ Thursday, June ye 28th. Surveyed July 3rd. John Franklin, In behalf of the proprietors of the township of old Ulster, applied for the publick lots within the bounds of said township, assigned as such in the original allotment or draft, and known by lots N'o. 23 & 51, in the first division, and lots N'o. 51 & 52 in the 2d division, and lots N'o. 9 & 10, in the 3d division, and also two lots in the 4th division, Nos. not yet known; one of them in the occupancy of Absalom Traverse and the other in the occupancy of Stephen Hopkins, both under lease from the township Com.; and the said Franklin also <586> JOURNAL OF THE COMMISSIONERS. applies for a lot laid out for a common in the center of the town plot, being ten perches in width and extending from the Susquehanna river to the Tioga river, it being the same on which the building stands that was erected for an Academy; the claim withdrew on all the lots except N'o. 23, in the first division, and Nos. 51, 52 in the 2d division, and the lot laid out for a publick square; the lots Nos. 9 & 10, in the 3d division, were conveyed to Isaac Morley and Lodowick Green, to whom they were certified; the 4th division lots rejected as not cognizable by the Commiss'rs. William Slocum applied for lot N'o. 49, of the 2d division of lots within the bounds of the township of old Ulster; said lot lying on the north end of the Island attached to said township, and drew in the name of the applicant; And the said Slocum also applies in behalf of his brother, Ebenezer Slocum, for lot N'o. 30, called a town lot, and lot N'o. 46, lying on the Island aforesaid, and known by a second division lot, and both originally drew on the right and in the name of the said Ebenezer Slocum. As the above application interferes with an application heretofore made by David Alexander for the same land, which application was made the 18th instant, The commissioners assigned to-morrow, the 29th instant, at 8 o'clock A. M., to hear the evidence and allegations of the parties. _ _ _ The application of Elizabeth Mathewson, made on the 16th instant, and the protest of Henry Wells, was brought before the Commiss'rs agreeably to appointment of this day for trial; the parties accordingly appeared. The said Wells enters his plea, which goes to question the jurisdiction of the Commiss'rs in the cause, and cities the 7th section of the act under which the Commiss'rs are proceeding; it appears by the said 7th section, "That nothing in this act contained shall be construed or understood to authorise or impower the said Commiss'rs to certify to any person, or persons, any land in aforesaid townships, held or claimed under a Pennsylvania title, under a patent, location, warrant or settlement, where the Pennsylvania claimant is in the actual possession or occupancy of the land, either by himself or tenant at the time of passing this act." On the part of M'rs. Matthewson it was admitted that Charles Carrol, of Carrolton, was the owner of the land in question, under a Pennsylvania title, and it appears that the said Carrol is in possession of the land applied for by the said Elizabeth, by his tenant or agent, except lot N'o. 40 and a part of lot N'o. 39, <587> JOURNAL OF THE COMMISSIONERS. and that the possession was acquired by the said Carrol by a due course of law, and that Henry Wells was put into possession of the same by the Deputy Marshal, in pursuance of a writ of Habere Facias Possessionem issued from the circuit court of the U. S. for the district of Pennsylvania. Therefore, this case is one of those excepted in the said 7th section above recited, and cannot come under the cognizance or powers delegated to the commissioners, by the law under which they are now acting. _ _ _ Fryday, June 29th. In the case of the application of David Alexander and William Slocum, applying for the same lands, the Commiss'rs, agreeably to appointment, heard the evidence and allegations of the parties and do award that the said Slocum has made his claim good to lot N'o. 49 in his own name, and also to lot N'o. 46 in the name and behalf of Ebenezer Slocum. But in respect to lot N'o. 30, it being in the possession of a Pennsylvania claimant, is without the jurisdiction of the commissioners and cannot therefore be certified to the Connecticutt Claimant. After the above decision was made the parties agreed, and the said Slocum conveyed the right of said lots N'o. 46, 49 to the said David Alexander, in consequence of which the whole of said Island is now vested in the said Alexander, under the Connecticutt title. Benjamin Perry, as Att'y in fact for the only surviving heir of Asahel Buck, deceas'd, applied for two rights of the said deceas'd, supposed to have been allotted to him or his heirs within the old town of Ulster. It appeared upon an investigation of the subject, that Asahel Buck was an original proprietor, and one to whom the original grant was given. And it also appears that his death hap'ned prior to the allotment of the said town, and that from some cause unknown at present the rights of the said Buck were not assigned to his heirs in the allotment of said town, nor any time thereafter. This claim was adjudged not be within the purview of the law. Elisha Satterlee, for and in behalf of his brother Daniel Satterlee (who is absent), applied for lot N'o. 9, in the 3d division of lots, within the bounds of the township of old Ulster, which lot he derived by tile from Thomas McCluer, who was an original proprietor in said town; claim admitted. <588> JOURNAL OF THE COMMISSIONERS. Saturday, June 30th. Lodowick Green applied for lot N'o. 9, and part of lot N'o. 10, in the 3d division of lots within the bounds of the township of old Ulster; said lots were drawn and laid out as publick lots, and conveyed by order of the town to the said Green by a town committee, appointed for that and other purposes. The above mentioned lots are included in the application of John Franklin, in behalf of the town, made the 28th instant, but by a vote of the town since, was this day conveyed to the said Green, and his claim admitted. The remaining part of lot N'o. 10, not included in the above application of the said Green, was also included in the application of John Franklin, in behalf of the town, but in like manner as the above, was assigned and conveyed to Isaac Morley which compleats the chain of title to Morley in his application of June 25th. _ _ _ See Ante, Page 16. The claim of Elisha Satterlee in his application of June 25th for lots N'o. 8, 12 & 20 was objected to by Henry Wells, on the ground of his being in the actual possession of the premises, under a Pennsylvania title, and therefore, according to the 7th section of the act under which the Commiss'rs are now acting, the claim of the said Satterlee to the above lots could not be recognized by them. _ _ _ Monday, July 2d. Anna Margaret Spalding (late Anna Margaret Snell), applied for lot N'o. 18, in the 3d division of lots, within the bounds of the township of old Ulster, laid out on the original right of Oliver Bigelow, and also the 4th division lot, attached to the same right, which lay north and adjoining N'o. 18; said lots were conveyed by said Bigelow to Noah Murray, and by the said Murray to the said Anna Margaret by deed bearing date the 19th day of February, 1793. The said Anna also produced a deed from Abraham Mineer, conveying the right of possession to the above mentioned lot N'o. 18, which deed bears date Feb'ry 20th, 1793. As the above application interfered with the application of Abraham Snell, made the 14th June, and the parties being present, the Commiss'rs enter into an investigation of the matter, by which it appeared that the above mentioned grants were made to the said Margeret, as the Widow of Jacob Snell, de- <589> JOURNAL OF THE COMMISSIONERS. ceas'd, and that the consideration money paid for the same was paid out of the personal property of the said Jacob, deceas'd, and the purchase was made for the benefit of the heirs. The said Margaret however, contended for the right of dower as the widow of the said Jacob Snell, but on investigation it appeared she had released her right of dower to Henry Snell, her son, on that part of the premise assigned to Henry as his proportion of the estate, by a written agreement bearing date 6th March, 1782, and that the said Henry had conveyed a part of the same lots to Daniel Snell, who conveyed the same to Abraham Snell, who's claim is entered as before stated: and it also appeared from the deposition of Noah Murray, Esq'r., that he, the said Murray, was one of the inquest appointed by the Orphans' Court to make partition of the same, that on examination it was found the farm could not be divided among the heirs without spoiling it. That in consequence of which the farm was valued and adjudged to George and Henry Snell, the two eldest sons. It also appears that the said George conveyed his share to Henry, who conveyed to his brothers John & Daniel, who sold to Abraham a certain part of said lots, with the condition of their paying their mother her dower, which amounted to twenty-one pounds per annum. And it further appeared that an agreement was made between the said Anna Margaret, and the said Abraham and John, that the said Anna took a certain number of acres in full satisfaction of her dower, and that she afterwards compromised with the Pennsylvania claimant, and relinquished a part of said land in consideration of a reconveyance of the Pennsylvania claim to three acres or thereabouts. Whereby it appeared and was adjudged that the Connecticutt title is now vested in Abraham and Henry Snell as by their application claimed except that part which is in the occupancy of John Snell and Anna Margaret Spalding, not heretofore applied for. _ _ _ Tuesday, July ye 3d. See Ante, Page 16. The commissioners entered into an investigation of the claim of Erastus Loomis, who appeared before them to vindicate the same, and by the deposition of Daniel Mineer it appeared that Uriah Stevens and Solomon Bennet were in the possession of the land claimed by the said Loomis prior to the year 1785. That the said Stevens and Bennet lived on the premises about <590> JOURNAL OF THE COMMISSIONERS. six years from the time above mentioned, and then sold the same to Samuel Swift, who lived thereon untill the year 1792, at which time it appears the said Swift conveyed the same to Wright Loomis, the father of the said Erastus, who has been in possession of the premises from that time to this; it also appears, by a deed from the said Wright Loomis, that the right of possession, and the Connecticutt title to a part of it, is now vested in the said Erastus Loomis, for whom the matter is now under consideration. This case being continued open, in consequence of the claim of Abel Yerrington to the same tract of land, made 13th day of Augs't, 1810, by Rozewell Wells his Att'y., under the Connecticutt title, who produced a certificate dated 1st day Octb'r, 1785, signed by John Franklin, Com., certifying that said Yerrington was admitted a half share proprietor in the Susquehanna purchase, and also a certificate from John Jenkins, certifying that Abel Yerrington was admitted a proprietor in the township of Athens, on lots N'o. 36, 37 & 7, Certificate dated the 10th day October, 1787. N'o. 7 is the lot claimed by said Yerrington. Fifty-seven acres & fifty-nine perches of the above claim adjudged to Abel Yerrington. _ _ _ Wednesday, July ye 4th. John Shepard applied for lot N'o. 33, in the first division of lots within the bounds of the old township of Ulster; said lot in the draft of the town drew in the name of Benjamin Allen and by him conveyed to the present applicant, by deed bearing date May 2d, 1792. This lot is included in the application of David Alexander, of the 18th of June last, but is now excepted in the said Alexander's application and established to the present applicant. _ _ _ Surveyed 6 July. John Snell applied for that part of the Bigelow lot N'o. 18 which was assigned to him as his share of the estate of Jacob Snell, deceas'd, as one of the heirs of the said Jacob. In support of the above application Henry Snell certifies that the claim of the said John is just and right and stands on arrangement and partition (as he understood) which was made between the said John and Daniel Snell, whereby the said Daniel did assign and transfer the same to him, the said John, as his share of the said estate. Said John also produces a certificate from his Mother, Anna Margaret Spalding, certifying her con- <591> JOURNAL OF THE COMMISSIONERS. sent that her moiety should be included in the application of the said John, her son, and certified to him, included with his own. This claim admitted; both included. _ _ _ Thursday, July ye 5th. The Commissioners haveing this day completed the surveying, classing and valuing all the lands applied for by the Connecticutt claimants in the township of Ulster, in Lycoming county, which come within the provisions of the law, deferred Issuing Certificates to the settlers in consequence of their not haveing procured the original grant. The Committee on the part of the claimants, in Ulster township, haveing failed in their endeavours to procure the original grant, the Commissioners in consequence thereof agreed to take the next best evidence the nature of the case would admit of, (viz): The testimony of the oldest and most respectable characters living nigh the place, possessing a correct knowledge of the facts. The following depositions go to establish fully and satisfactory those facts: Obadiah Gore, of Sheshequin, on oath saith: I was one of the Committee of grants for granting land under the Connecticutt Susquehanna Company. That about the year One thousand Seven hundred and seventy-four or five, Asahel Buck applied for and obtained a grant of a township called Ulster, and according to the best of my recollection it was bounded as follows, (viz): Beginning on the west side of the Susquehanna river, two miles below the junction of the Tioga with the main branch, and extending west five miles, thence north five miles, thence east five miles to the main river, thence down the river to the place of beginning; the above mentioned grant was in the hands of Thomas Cooper, Esq'r., when a Commissioner, carrying into effect the compromising law; he had it at my house. Further saith not. OBADIAH GORE. [SEAL.] Lycoming County, ss. Augu't 6th, 1810. Personally appeared before me the subscriber, one of the Justices of the peace for said county, Obadiah Gore, who on oath declares the above statement by him made is the truth; sworn and subscribed before me. JOSEPH KINNEY. [SEAL.] <592> JOURNAL OF THE COMMISSIONERS. Lycoming County, ss. Personally appeared Lockwood Smith, who on oath declared that the boundaries of Old Ulster (as it is called), were in the original grant thereof as is described in the deposition signed and sworn to by Obadiah Gore, Esq'r. LOCKWOOD SMITH. Sworn and subscribed before me, witness my hand and seal Aug 6th, 1810. JOSEPH KINNEY, Justice Peace. These certify that the township of Ulster (commonly called old Ulster) as granted by the committee to Asahel Buck and others, in the year 1775, was bounded east on the Susquehanna river, and to my best recollection and belief extended two miles south and three miles north of the Junction of the Tioga river with the Susquehanna, including Tioga point and extending west from the Susquehanna five miles. That the grant of said township was lodged with me, as clerk of the Susquehanna company, about the year 1785 or 6, after a new grant had been issued; that it was in my care untill the Commissioners appointed under the compromising law were ascertaining the claims of the setlers in the township of Claverack, when Thomas Cooper, Esq'r., call'd on me for the grant by a written request from Obadiah Gore, Esq'r., as it was then contemplated to have the township of Ulster embraced under the compromising law. That I delivered the said old grant to the said Thomas Cooper, Esq'r., and it has not been since returned, and the said grant has never been recorded in any of the books in my care or in any other to my knowledge. Certified at Athens, Aug't 6th, 1810. JOHN FRANKLIN. [SEAL.] Lycoming County, ss. Aug't. 6th, 1810. Personally appeared before me, one of the Justices of the peace for the county aforesaid, the above-named John Franklin, and made oath to the truth of the foregoing certificate. Witness my hand & seal. JOHN SALTMARSH. The foregoing depositions of Obadiah Gore, Esq'r., Co'l. John Franklin & Lockwood Smith, goeing fully to establish the bounds of old Ulster to the satisfaction of the Commissioners, they proceeded on the Eleventh day of Aug't., A. D. 1810, to issue certificates to all the claimants who had established their titles. <593> JOURNAL OF THE COMMISSIONERS. The Pennsylvania claimants to land in the township of Ulster, as originally granted under the rules and regulations of the Susquehanna Company, not haveing submitted their titles and drafts of survey, duly authenticated to the commissioners (either before or after the same had been certified to the Connecticutt claimants) for the purpose of haveing their said lands resurveyed, classed, valued and certified as the law directs. The Commissioners being unanimously of opinion that the law left it altogether optional with the Pennsylvania claimants to comply with its provisions or not in the first instance, which election they have made. The Commissioners therefore could not put the law in execution as it respected them. _ _ _ Thursday, July ye 12th. Matthew Roberts & George Harrison, as two of the commissioners appointed to execute an act of the assembly of the Commonwealth of Pennsylvania, entitled "an act for the purpose of adjusting the claim to lands in Bedford and Ulster townships, in Luzerne and Lycoming counties, passed the 19th day of March, 1810." Haveing compleated the duties thereby enjoined on them in the township of Ulster, on the 6th instant, proceeded, together with their surveyor, William Wilson, from the town of Athens on the 7th instant, and arrived in Wilkesbarre, July 9th, 1810. This day Cap't. Daniel Hoyt, Nehemiah Ide and Noah Wadhams, Esq'rs., a committee appointed by the Connecticutt claimants in the township of Bedford, appeared before them and represented that the original grant of said township could not be found; said grant included a tract of country five miles square. But the committee for laying out said township, together with the surveyor, on examining the situation of the country, deviated from the boundaries described in the old grant, and surveyed and laid out a township as follows, (viz): Begining at the N. W. corner of Plymouth, thence running N. 56 degrees 20' E. four hundred perches to a pitch pine sapling, with a heap of stones, being the N. E. corner of Bedford, thence running N. 33 degrees 40' W. three miles to a stake and stones, it being the N. W. corner of the said Bedford, thence S. 56 degrees 20' W. eight miles and one hundred and seven perches to a stake and stones, it being the S. W. corner of said Bedford, thence S. 33 degrees 40' E. three miles to a stake and stones, it being the S. E. corner of said Bedford, thence N. 56 degrees 20' E. seven miles and twenty-seven perches to the first place of begining, containing sixteen 38-VOL. XVIII. <594> JOURNAL OF THE COMMISSIONERS. thousand and two acres. This survey taken from the minutes of the survey made by Douglass Davidson in 1774, rec'd. to record January, 1795, recorded by John Franklin, clerk. The above and foregoing is a true copy of record taken by Joseph Kingsbury, Clerk to the Commissioners, July 4th, 1810. It became necessary that evidence should be produced to shew that the Com'tt of the Susquehanna Company had approved of the alteration so as aforesaid made in the laying out and allotting said township. The deposition of Ephraim McCoy, who was one of the committee, together with Jeremiah Coleman and David Marvin, for laying out the township of Bedford in the year 1774, was introduced by said Com'tt, which went to prove that the original grant of Bedford of five miles square did not take in a sufficient quantity of good land, it running upon the mountains and that it was agreed by the com'tt., of which he was one, to run the said township of Bedford eight miles and a half in length and three miles in breadth, so as to include more good land, and the survey so made was returned to the committee of the Susquehanna Company, and the same was approved by them. Upon farther investigation it appeared that in consequence of the defeat of the inhabitants of Wyoming by the Indians in 1787, the few persons that were settled in the Township of Bedford were driven from their habitations, and the settlement of said Township was thereby prevented for several years thereafter. The Committee of the Susquehanna Company had made several arrangements among the holders of rights in said Township, between that time and the year 1795, about which time a number of persons became actual settlers on their lots in said Township, under the Connecticut title. A Certified Copy of a draught and allotment of said Township, taken from the records of the Company, was produced to the Commissioners, and relied on by the present claimants, whereby to establish their titles, but it did not appear by the said documents, or any evidence then before the Commissioners, that that allotment had been made prior to the 28th day of March, 1787, nor did it appear that the present claimants had derived their titles from the original proprietors under the allotment of 1774; Whereupon, The Commissioners ordered that each and every Connecticut claimant must prove satisfactorily to them, that they were actually settlers in the said Township of Bedford, or some one of the 17 Townships, prior to the 28th of March, 1787, or that they had derived or acquired right and titles by or from an actual settler, either by devise, inheritance or transfer. The deposition of Col. John Franklin was afterwards produced containing a statement of the Original proprie- <595> JOURNAL OF THE COMMISSIONERS. tors and present claimants, which satisfactorily established the titles of all the claimants, to whom certificates was afterwards issued. _ _ _ Monday, July 16th, 1810. John Peirce was appointed clerk to the Commissioners, to whom the oath of office was administered by George Harrison, one of the Commissioners, as the law prescribes. Eden Ruggles & Amos Baldwin were appointed and sworn faithfully and diligently to perform the duties of chain carriers & William Hunt was appointed and sworn faithfully and diligently to perform the duties of marker. The Surveyor Commenced running the boundary lines of the township of Bedford, agreeably to draught of survey and allotment made in the year 1774. The following persons, proprietors of the township of Bedford, availing themselves of the act of Assembly of the state of Pennsylvania of the 19th of March, 1810, (viz): "An act for the purpose of adjusting the claims to land in the townships of Bedford and Ulster, in Luzerne and Lycoming counties," have presented their respective claims at the time prefixed to their names as Connecticutt claimants. To the Commissioners appointed by the Governor for the purpose of carrying said act into effect. [Names seem to be omitted.] John Hunnwell & John Hunnwell, Ju'r., Applied for lot N'o. 4, drawn in the name of Amariah Watson, and transferred to the present applicants by deed bearing date May 1st, 1807. Consideration, $200. Benjamin Perry Applied for lot N'o. 22, entered on the original right of Eleazar Carey, and conveyed to Perry by the heirs of Carey as p'r. memorandum on the Susquehanna Companies Record. Ard & Daniel Hoyt Applied for part of lots N'o. 1 & 2; lot N'o. 1 drawn in the name of Jeremiah Coleman and transfered to John Leonard 21st April, 1796, and by the said John Leonard transfered to the present applicants 26th October, 1807. Lot N'o. 2 drawn by Ephraim McCoy and transfered to John Leonard 3d Sept'r., 1796, and by the said John Leonard transfered to the present applicants 26th Octob'r, 1807. Consideration, $410. Joshua & Benajah Fuller Applied for lot N'o. 9, drawn in the <596> JOURNAL OF THE COMMISSIONERS. name of Elias Allen, and by him transfered to the present applicants, 28th Octob'r, 1796. Consideration, $400. And also for lot N'o. 8, drew in the name of Daniel Hoyt, and by him transfered to the present applicants 30th March, 1797. Consideration, $400. Ephraim McCoy Applied for the one-fourth part of lot N'o. 2; said McCoy has transfered the one-half of said lot to John Leonard, and the one-fourth part to Elias & Ebenezer Allen, the remaining fourth part he claims as an original proprietor. Jude Baldwin Applied for two-third parts of lot N'o. 7, drew in the name of Samuel Marvin, and the whole lot transfered by him to Jared Baldwin 11th Nov'r., 1796, and by the said Jared Baldwin was transfered to the present applicant 14th Decem'br, 1801, in consideration of natural affections. Jared Baldwin Applied for lot N'o. 47, drew in the name of William Gallup the Elder, and by him transfered to the present applicant 22d Jan'ry, 1795. Consideration, $160. Phillip Abbot Applied for lot N'o. 17, as an Original proprietor in said town. Mess'rs. Roswell Wells, Noah Wadhams, Daniel Hoyt, Nehemiah Ide & Almond Church, Trustees for the town of Bedford, Applied for lots N'o. 27 & 32, being the school and parsonage lots, the same being appropriated and allotted by the committee of the Susquehanna Company for the benefit of the proprietors of said town, and to be certified to the trustees above-named and their successors for the use and benefit of the inhabitants thereof. _ _ _ Tuesday, July 17th. Tibbals Baldwin Applied for the one-third part of lot N'o. 7, drew in the name of Samuel Marvin, by him transfered to Jared Baldwin 11th Nov'r., 1796, who transfers into his son, Tibbals Baldwin, 14 Decem'br, 1801, in consideration of natural affections. Nehemiah Ide Applied for two-ninth parts of lot N'o. 46 by title derived from Douglass Davidson, an original proprietor, who be deed dated 15th day Nov'r, 1798, transfers two undivided third parts of said lot to Daniel Davidson, his son, Abigal Davidson, his former wife, Abigal Davidson & Elizabeth Davidson, his daughters; the one-half to his son Daniel and the other half to his former wife and two daughters, and the said Abigal, the wife and Elizabeth, the daughter, who had intermarried with Eden Wildman, by deed dated Feb'ry 1st, 1803, conveyed all their right, amounting to two-ninths of the whole lot, to the present applicant. Consideration, $60. <597> JOURNAL OF THE COMMISSIONERS. Vide, Ide's application, page 42. Nehemiah Ide Also applied for the one-third part of lot N'o. 45, drew in the name of Walker Lewis, who by deed dated 21st Nov'r., 1795, conveyed the one-half of the lot to Lemuel Wakely, and the said Wakely by deed 16th December, 1800, transfered the said one-half of the whole lot to Nehemiah Ide, Amos Brown and Daniel Churchill and the said Churchill by his deed of the 11th Feb'r. 1801, transfered his share to the said Ide whereby he became vested of the one-third of the whole lot. One hundred and seventy-five acres 35 2/10 Ps. on the west end of the lot adjudged to Nehemiah Ide 175 As. 35 2/10 Ps., and Amos Brown. Nehemiah Ide also applied in behalf of Amos Brown for the following land, (viz): the one-ninth part of lot N'o. 46. Douglass Davidson, the original conveyed to him by Abigal Davidson, daughter of Douglass, 16th Jan., 1806. Consideration, $50 and the one-sixth part of lot N'o. 45, which he purchased of Lemuel Wakely, as is seen above. _ _ _ Vide Ide's application, Page 42. Nehemiah Ide Also applied, in behalf of Daniel Davidson, for one-third part of lot N'o. 46, with the exception of forty acres he sold to Isaac Gould, and also for one other third part in right of his father Douglass Davidson. The right of Douglass Davidson was adjudged to Daniel Davidson. Daniel Hoyt, In behalf of Wakler Lewis, Applied for the one-half of lot N'o. 45, drew in the name of said Walker Lewis, an original proprietor in the township of Bedford, he having transfered the one-half to Lem'l Wakely, is only entitled to the one-half as above applied for; vide page 43. Daniel Ayres, In behalf of himself and the other heirs of William Ayres, Applied for the one-half of lot N'o. 53, drew by the said William Ayres and Abraham Nesbit, joint proprietors in said lot. _ _ _ Vide Nesbit, Page 45, for the other half. And also by Benjamin Perry, Att'y in fact for said Ayres, the one-half of lot N'o. 12; there are no conveyances, but by the information of the Nesbits one-half belongs to Daniel Ayres. _ _ _ Vide Daniel Ayres above. Abraham Nesbit Applied for the one-half of lot N'o. 53, being the other half of said lot applied for by Daniel Ayres as above, and is claimed by said Nesbit as original proprietor. James Nesbit Applied for the one-half of lot N'o. 12, being the original right of James Nesbit, deceas'd, and father to the present applicant; and Abraham Nesbit, brother to the said James, <598> JOURNAL OF THE COMMISSIONERS. extinguishes the right of all the other heirs and transfers the whole of the half lot to the present applicant in presence of the Commissioners. Charles Barney Applied for Seven-Eighteen parts of lot N'o. 14, which was drew by David Marvin, who died intestate, leaving nine children, and it appears that Samuel Marvin, one of the heirs, had purchased the right of six of the heirs, his included made seven, which he sold to Charles Barney and Henry Row by deed of the 1st of Jan'y., 1803, so that the said Charles and Henry held seven-ninths of said lot, makeing seven-Eighteenths to each. Anderson Dana Applied for lot N'o. 21, being the original right of Jacob Dana, his Grandfather, which was held by Anderson Dana, Father to the present applicant, by a power from Jacob his father. _ _ _ Vide Nehemiah Ide's Application. Page 43. Isaac Gould applied for forty acres of land in lot N'o. 46, conveyed by Douglass Davidson to Daniel Davidson, and from Daniel to the present applicant, by deed 1st April, 1800. Anderson Dana, By Power of att'y for and in behalf of Hezekiah Parsons and Eunice his wife, sole heir of Stephen Whiting, an original proprietor, Applied for lot N'o. 19. Elam Spencer Applied for parts of lot N'o. 1 & 2, 37 acres in the N. W. corner of lot N'o. 1, conveyed to the present applicant by Jeremiah Coleman & Sarah his wife, 17th Jan'r., 1800; and 40 acres in the N. W. corner of lot N'o. 2, conveyed by Addison Carver 9th Nov'r., 1804; this 40 acres M'r. McCoy states John Leonard sold Ebenezer Roberts and Roberts sold Carver. Daniel Spencer Applied for parts of lots N'o. 1 & 2 as follows, (viz): One-fourth part of lot N'o. 2, conveyed to him by Elias & Ebenezer Allen; no deed appears from M'r. McCoy the original to the Allens. M'r. McCoy states that he sold the above one-fourth to the Allens. And 60 acres in lot N'o. 1 & 2, in the S. W, corner of lot N'o. 1, and extending ten perches into lot N'o. 2; this last 60 acres, by the statement of M'r. McCoy, is from Leonard to Ebenezer Roberts, & from Roberts to the present applicant, by deed 16th Aug'tt, 1805. Zebulon Butler Applied for lot N'o. 18, drew by Jacob Johnson, deceas'd; the title became vested in said Butler in right of his mother, who was a daughter of Jacob Johnson, jointly with Christiana C. Johnson, who was also a daughter of the said Jacob, who has since intermarried with William Russel. And he also applied for lots N'o. 34 & 35, for the heirs of Zebulon Butler, deceased who was an original proprietor. <599> JOURNAL OF THE COMMISSIONERS. And also for lot N'o. 11, drew by Solomon Johson, deceas'd; said Butler the Executor applies for the heirs. Peter Yarrington applied for lot N'o. 28, drew in the name of Abel Yarrington, for whom this application is made. _ _ _ Vide David Scott, Page 61 for the Remainder. Noah Wadhams, For and in behalf of Thomas Case, applied for 50 acres in lot N'o. 30, drew by Daniel Ayers. The said Daniel Ayers conveys the whole to Ebenezer Holly 5th Dec'r., 1807. Holly's deed to Case is dated 20th May, 1797; this appears incorrect, as Holly deeds to Case ten years before he had his deed from Ayers. For an explanation Noah Wadhams, Esq'r., Deposeth he had in his possession a deed from Ayers to Holly for the whole lot, which by the request of Samuel Holly was given up to Ayers, in consequence of which Ayers gave a new deed to Ebenezer Holly, dated 5th Nov'r., 1807. The deponent cannot ascertain the date of the old deed, but has no doubt it was antecedent to the year 1797, and that Ayers destroyed the old deed. _ _ _ Wednesday, July 18th. Noah Wadhams, Executor to the estate of Noah Wadhams, deceas'd, Applied for the heirs of the deceas'd for lot N'o. 26, drew in the name of the said Noah Wadhams's deceas'd. Noah Wadhams also Applied for lot N'o. 20, drew in the name of Noah Wadhams, deceas'd, and transfered by him to the present applicant, 17th Sep'r, 1795. Almond Church Applied for one-third part of lot N'o. 6, drew in the name of Samuel Allen, who transfers two-thirds of said lot to Richard Loomis and Almond Church, 20th May, 1798. Consideration, $200. Said Loomis, the 22d Feb'r., 1806, conveyed his share to Aaron Brown. The said Brown and Church make an exchange of 3 As. 20 Ps., and Church conveys 14 As. 28 6/10 Ps. to Jude Baldwin, which is to be deducted out of his one-third. Deed from Asahel Drake to Samuel Allen, 18th Feb'r., 1795. Amos & Jude Baldwin Applied jointly for lot N'o. 10, drew by Stephen Burrett, who transfered two-third parts thereof to Amos & Jude Baldwin, by deed 23d Aug'st., 1796. The other third part the said Burrett conveyed to Evan Ruggles, 3d Aug'tt, 1796, and the said Ruggles conveyed to the present applicants all his third part, 12th Octob'r, 1797, so that the whole lot became vested in the said Amos & Jude. Joshua & Benajah Fuller Jointly applied for lot N'o. 48, drew in the name of Josiah Ives, who conveys the one-half of said <600> JOURNAL OF THE COMMISSIONERS. lot to Eliakam Andrews by deed, as appears by the Deposition of Cap't. Daniel Hoyt, which deed is missing. Eliakam Andrews and Annice Andrews, his wife, by their deed of the 30th March, 1797, transfer their half to the present applicants. The other half the said Ives conveyed to Almond Church 14th July, 1810, and Church to the said Fullers 17th July, 1810, so that the whole lot is vested in them. Griffin Lewis Applied for Seventy-five acres in the S. E. corner of lot N'o. 5, drew by Stephen Burrett, and by him conveyed to Joel B. Burrett, 30th Nov'r., 1797, and by Joel B. Burrett to Seymour Hunt, 8th Octob'r, 1798, and sold by the Sheriff of Luzerne County as the property of Seymour Hunt to Josiah Ives, Ju'r., by deed 28th April, 1801, and by Josiah Ives, Ju'r., to the present applicant, 19th Dec'r., 1807. William Hunt Applied for a tract of land lying on the N. E. corner of lot N'o. 5, north of Griffin Lewis's lot, drew by Stephen Burrett, and by him conveyed to Joel B. Burrett, and by Joel Burrett to the present applicant by deeds, 1st June, 1798, and 30th Dec'br., 1799, containing about 90 acres, more or less; reference to be had to these deeds. _ _ _ Vide Almond Church. Page 49. Abel Wheeler & Sarah Seely Applied for one-third part of lot N'o. 6 on the N. W. line of said lot, bounded on the centre line, drew in the name of Samuel Allen, and transfered to the present applicants by deed, 30th May, 1801. _ _ _ Thursday, July 19. Vide Church. Page 49. Johua Fuller Applied for fourteen acres twenty 29 perches of land in lot N'o. 6, conveyed to him by Almond Church the 1st day of May, 1806; origin of title to be seen in the application of Church _ _ _ Vide Church. Page 49. Aaron Brown Applied for the one-third part of lot N'o. 6; title derived from Samuel Allen, original, from Allen to Richard Loomis, and Almon Church, from Loomis to the applicant, 22d Feb'r., 1806 Brown & Church exchange 3 As. 20 Ps. Peter Gould Applied for the one-half of lot N'o. 49, drew by Adolph Heath, and by him transfered to the present applicant, 1st day Octob'r, 1800. Abraham Vanloon & Jacob Gould Jointly applied for lot N'o. 50, drew by Ebenezer Hibbard, and Stephen Burrett deposeth <601> JOURNAL OF THE COMMISSIONERS. that Hibbard sold it to Doct'r William T. Cressy and rec'd full compensation, but no deed to be found; William T. Cressy transfered it to the present applicant the 9th October, 1799. John Hollenback & Matthias Hollenback, Ju'r., Only heirs of John Hollenback, deceas'd, Applied for lot N'o. 42, drew in the name of John Hollenback, deceas'd, and is claimed by heirship. Eden Ruggles Applied for lot N'o. 15, as original proprietor in the town. _ _ _ Friday 20th July. George P. Ransom Applied for lot N'o. 40, drew by Nathaniel Cook, and transfered by him to the applicant, 19th October, 1799. David Perkins Applied for lot N'o. 13, drew in the name of Isaac Underwood, and by him transfered to Gabriel Beach, as appears by a certificate of Benjamin Newberry, Recorder of deeds for the County of Luzerne, and by said Gabriel Beach to the present applicant, 27th May, 1795. _ _ _ Saturday, July 21st. Vide Griffin Lewis & Wm. Hunt for the other half, page 51. Adam Shaffer Applied for one-half of lot N'o. 5, drew by Stephen Burrett, who conveys to Joel B. Burrett, 30 Nov'r., 1797, and Joel B. Burrett to the present applicant, 17th Dec'r., 1798. _ _ _ Monday, July 23d. Vide Charles Barney, page 45, for Henry Row's claim. Matthias Vanloon Applied for eight-eighteenth parts of lot N'o. 14 drew in the name of David Marvin. Henry Row by the deposition of Charles Barney conveyed 7/18ths of the lot to William Rumsey, and William Rumsey, & Hillar his wife, convey the 7/18ths to the present applicant 11th April, 1809, said Vanloon introduces the deposition of Nathan Rumsey, which proves that James Marvin and wife, who were intitled to 1/18th, sold William Rumsey, & Wm. Rumsey to the present applicant, which vests the 8/18ths in Vanloon. William Trucks Applied for lot N'o. 3, drew in the name of Benjamin Barney; there being no deed of transfer from the original proprietor to compleat the chain of title, The deposition of Benjamin Barney was introduced which shews the title as follows, (viz): That Benjamin Barney sold the lot to Theodore Henman, who sold it to Daniel Barney, and that the consideration on both instances was paid, and Daniel Barney conveys to the present applicant by deed, 8th April, 1801. <602> JOURNAL OF THE COMMISSIONERS. Tuesday, 25th July. Joseph Kingsbury Was appointed Surveyor in the place of William Wilson, who is employed in drafting the township of old Ulster; said Kingsbury was sworn faithfully and diligently to perform the duties of surveyor by George Harrison, one of the Commissioners, and proceeded with the chain men and marker to survey the remaining part of Bedford that has not been surveyed by M'r. Wilson. _ _ _ Wednesday, July 25th. The Surveyor continued surveying, M'r. Wilson drafting, and Commissioners makeing out Certificates for Old Ulster township. _ _ _ Thursday, 26th July. Vide Charles Barney, page 45. Ephraim McCoy Applied for one-eighteenth part of lot N'o. 14; there are no conveyances produced, but the certificates of Benjamin Newberry, Recorder of deeds for the county of Luzerne, shews that a deed is recorded in the office from Ebenezer Taylor, Grandson of David Marvin, conveying to Ephraim McCoy, as his right in N'o. 14, as heir to the estate of David Marvin, it being one-eighteenth part, deed dated 23d July, 1794. Surveyor with chain men and marker returned, haveing compleated the outlines of Bedford. _ _ _ Fryday, July 27th. This day M'r. Wilson returned home; M'r. Kingsbury employed in drafting. _ _ _ Saturday, July 28th. Verry rainy day. Surveyor drafting and no applications. _ _ _ Monday, July 30th. Jones Brush Applied for lot N'o. 41, drew in the name of the applicant, an original proprietor in the town. Certificate made out, but retained in the hands of the Commissioners for further proof. _ _ _ Tuesday, July 31st. Daniel Davidson was appointed chain carrier, in the place of Amos Baldwin, and affirmed faithfully and diligently to perform the duties. Surveyor with chain men and marker pro- <603> JOURNAL OF THE COMMISSIONERS. ceeded to survey lot N'o. 5. Returned this evening, haveing compleated the survey of s'd lot. _ _ _ Wednesday, August 1st. Vide Ard & Dan Hoyt, page 39. Daniel Roberts Applied for the remaining part of lot N'o. 1, being the remaining part of the north half of said lot that Elam Spencer purchased of Jeremiah Coleman, and afterwards transfered to Daniel Roberts, and Roberts afterwards sold Elam Spencer thirty-seven acres, and Ard and Daniel Hoyt about sixty-six acres, leaving the remainder for the present applicant. Noah Wadhams, Att'y for Mathew Covel, Applied for the remaining part of lot N'o. 51, after deducting 100 As. 70 Ps.; said lot drew in the name of Ebenezer Hibbard, who transfered the whole to Mathew Covel, March, 1796, Mathew Covel and Orrel his wife conveys the whole to Absalom Roberts, June 1st, 1800. Absalom Roberts & Francis his wife reconvey to Mathew Covel all the back part, after deducting 100 As. 70 Ps., by deed July 18th, 1810. Noah Wadhams Applied in behalf of Nathan Rumsey for two-eighteenth parts of lot N'o. 14, being the original right of David Marvin. M'r. Wadhams introduces the deposition of Abraham Nesbit to shew a fair transfer from the heirs to the present applicant. Thomas Wright Applied for lot N'o. 36, drew in the name of Joseph Rothbone and by him transfered to John Allen, 16th Decem'br, 1795, and by the said Allen transferred to the present applicant, Feb'r. 12th, 1796. He also claims the one undivided moiety of lot N'o. 31, drew by Sherman Smith. A certificate from the Recorder of the County of Luzerne shews that Sherman Smith transfered the whole lot to Peletiah Fitch, and a transcript from the prothonataries books shews that the lot was sold at Sheriff's sale as the property of Fitch to Thomas B. Dick and Daniel Levy, and a Certificate from the Clerk of the State Commissioners shew there was a deed from Thomas B. Dick to the present applicant for the one-half of the lot. Certificate made out to Thomas Wright & Daniel Levy for Lot 31, but retained for further proof. _ _ _ Thursday, Aug'st. 2d. Abraham Nesbit, Guardian to the heirs of Samuel Ayers, deceas'd, (viz): Zebulon Ayers, Isaac Ayers, Evelina Ayers, Eliza- <604> JOURNAL OF THE COMMISSIONERS. beth Ayers & Burton Ayers. Applied for two-thirds of lot N'o. 52, drew by William Baker, who transfers the whole of said lot to Samuel Ayers, Decem'br 29th, 1798, and the said Samuel transfers the one-third to Abner Ayers, as appears by parole testimony so that two-thirds belongs to the heirs of Samuel, and one-third to the said Abner, which the said Nesbit also applies for by virtue of a power of Att'y from Abner. Roswell Wells, Esq'r., (correct spelling, Rosewell Welles) Att'y in fact for John Allen, Applied for lot N'o. 16, drew in the name of said John Allen an original proprietor. Roswell Wells, Also Att'y in fact for Thomas Mosely, applied for lot N'o. 39, drew by Joseph Slueman. M'r. Wells states he is confident of seeing a deed from Slueman to Mosely, but expects to get further proof. Certificate made out to Thomas Mosely for lot N'o. 39, But retained for further proof. _ _ _ Fryday, Aug'st 3d. This day there were no claims presented. Commissioners went to Wilkesbarre. Surveyor drafting. _ _ _ Saturday, Aug'st. 4th. David Scott, by power of Att'y from Sarah Scudder, Mother and guardian to Abraham Kip Scudder, Son to William Scudder, deceas'd, And also by another power from Eliakam Ross, and Charlotte Ross, his wife, a daughter of said deceas'd, and also from Sarah Scudder, Mother of and guardian to said Sarah, daughter of said deceas'd. Applied for the remaining part of lot N'o. 30, after deducting fifty acres, sold by Ebenezer Holly to Thomas Case; said lot was drew in the name of Daniel Ayers, who agreeably to the deposition of Noah Wadhams, Ju'r., conveys the whole to Ebenezer Holly, and the said Holly by his deeds, Feb'r. 10th, 1798, conveys the remainder as follows, (viz): To Abraham Kip Scudder one-third of said lot on the west line, and to Charlotte Scudder & Sarah Scudder the one-half of said lot on the center road, which land the said Scott claims as above and the certificates to be issued agreeably to the conveyances from Holly. This day Isaac Smith, Esq'r., one of the Commissioners arrived from Lycoming. _ _ _ Monday, Aug'st. 6th. Phinehas Wyman, By Letter of Att'y, In behalf of Abraham <605> JOURNAL OF THE COMMISSIONERS. Pike, Applied for lot N'o. 23, drew in the name of said Pike, an original proprietor in the town. _ _ _ Tuesday, Aug'st 7th. The Commissioners appointed to put in execution the act of assembly for adjusting the title to lands in the townships of Bedford & Ulster, deem it proper to inform the gentlemen Committee, in behalf of the Connecticutt claimants to land in the township of Bedford, That no certificates can be granted to any Connecticutt claimant or claimants to land in the township of Bedford, Unless he or they make it appear that such claimant or claimants was an actual setler or setlers, in some one of the seventeen townships, and that the land so claimed was particularly alloted to such actual setler prior to the 28th day of March, 1787, Or that he or they have derived or acquired right or title by or from such actual setler, either by devise, descent or purchase. The Committee will perceive the necessity of an early compliance with this resolve of the board, as a number of the titles that have been exhibited are incompleat in these particulars, and they will accordingly prepare themselves with such testimony as shall satisfactorily establish these points. JOHN PEIRCE, Clerk to the Commiss'rs. _ _ _ Wednesday, Aug'st 8th. John Peirce Applied, In behalf of Cherrick Westbrook, Executor of the estate of Abraham Westbrook, deceas'd, for lot N'o. 29, drew in the name of the said Abraham Westbrook, deceas'd. _ _ _ Vide Jonathan Stevens for Emond Crane. Page 69. John Peirce, In behalf of the heirs of Winchester Mathewson, deceas'd, applied for lot N'o. 44, drew in the name of said Winchester, an original proprietor in the town of Bedford One hundred acres of lot N'o. 44, on the west end of the lot adjudged to Nehemiah Ide, and the remainder to the heirs of Winchester Mathewson, (viz): 238 As. 84 2/10 Ps. _ _ _ Thursday, Aug'st 9th. Surveyor running the division lines of lot N'o. 46. Commissioners viewing the land to value and class. <606> JOURNAL OF THE COMMISSIONERS. Fryday, Aug'st 10th. No claims presented this day. Surveyor drafting. _ _ _ Saturday, Aug'st 11th. Surveyor drafting. The Commissioners this day signed the Certificates for Ulster. _ _ _ Monday, Aug'st 13th. The Committee for the township of Bedford haveing received the notification from the Commissioners of the 7th Instant, This day appeared before the board and alledged that they were unable to establish their title, and requested time to procure the necessary documents to clear up those points. Cap't. Almond Church was dispatched to Co'l. John Franklin, Clerk of the Susquehanna Company for that purpose. _ _ _ Tuesday & Wednesday, Aug'st 14th & 15th. The Surveyor employed in preparing a general draft of Bedford, as surveyed by order of the Commissioners. Clerk preparing Journal. _ _ _ Thursday, Aug'st 16th. Mess'rs. Smith & Roberts went this day to the south west end of town of Bedford for the purpose of viewing and classing the land. _ _ _ Fryday, Aug'st 17th. Commissioners engaged in classing and valuing the land. Surveyor drafting and Clerk transcribing Journal. _ _ _ Saturday, Aug'st 18th. Surveyor drafting. Clerk transcribing Journal. _ _ _ Monday, Aug'st 20th. Commissioners signed the remaining Certificates for Ulster. Surveyor drafting. Clerk transcribing Journal. _ _ _ Tuesday, Aug'st 21st. Rainy day. Surveyor drafting. Clerk transcribing. <607> JOURNAL OF THE COMMISSIONERS. Wednesday, Aug'st 22d. Cap't. Church returned from Athens. The Com't of the town attended. Commissioners heard the deposition of Co'l. Franklin containing ten pages, and examined the claims of the proprietors, which were generally cleared up, and they proceeded to class and value the lands. _ _ _ Thursday, Aug'st 23d. Charles Miner, Att'y for Elisha Tracy, applied for lot N'o. 24, being the original right of Co'll. John Durkee, and conveyed to the said Tracy by Anne Delongpres, Daughter & heir to the said Durkee, Nov'o. 4th, 1794. _ _ _ Fryday, Aug'st 24th. Benjamin Barney Applied for the one-half of lot N'o. 49, Adolph Heath original; as there are no deeds of conveyance, The deposition of Jonah Rogers, and certificate of Noah Wadhams were introduced, which go to shew there was a conveyance from Heath to Barney The deposition of Benjamin Barney is introduced as a further confirmation. _ _ _ Saturday, Aug'st 25th. Roswell Wells for the heirs of Isaac Benjamin, deceas'd, Applied for lot N'o. 38, entered on the original right of Obadiah Rhodes, who conveyed to John Rhodes, April 8th, 1775, and John Rhodes to the present applicant, Nov'r. 13th, 1781. Noah Wadhams, Esq'r., For Amariah Watson, Applied for lot N'o. 37 in his own right. The deposition of Bigsby Rogers & James Nesbit establishes the claim. Horrace Morse Applied for lot N'o. 33, Thomas Heath original, and by the deposition of Co'll. John Franklin it appears that it was laid out on the half share right of the said Thomas, and by a transcript from the Prothonotaries office it appears was sold by the Sheriff of Luzerne County, in Aug'st, 1799, as the property of Thomas Heath to Noah Wells. The said Noah Wells, by Letter of Att'y, dated the 1st of January, 1801, Impowers Jonathan Kellog of Newport, state of Pensylvania, to sell all his lands in Pennsylvania, and James Cambell, Esq'r., deposeth that a number of years since Jonathan Kellog acknowledged a deed before him to Horrace Morse for a tract of land in Bedford township, which he believed to be Lot N'o. 33. <608> JOURNAL OF THE COMMISSIONERS. Jonathan Stevens, For Edmond Crane, Applied for part of lot N'o. 45. This lot appears was originally the right of Ezekiel Peirce and by him was transfered to Winchester Mathewson the 7th Nov'r., 1774, and the said Mathewson sold two hundred acres on the centre road to Sylvanus Mathewson, Nov'r. 26th, 1776. Sylvanus assigned all his right to Edmond Crane, 27th March, 1779, and Edmond by an instrument of writing the 22d July, 1799, Quit claims the one-half to Jonathan Stevens, and authorises the said Stevens to negociate for the other half; the said Stevens by his instructions to the Commissioners commutes for one hundred & fifty acres. Which the Commiss'rs establish to him and Crance in lot N'o. 45 on the centre road. The remaining part of the lot, (viz): 175 As. 35 2/10 Ps., appeared to be vested in the heirs of Winchester Mathewson, which is claimed by Nehemiah Ide. To establish his claim he introduces the deposition of Abraham Dutcher, who married a daughter of Winchester Mathewson, and also the deposition of Almon Church, which go to shew that Elisha Mathewson, Administrator on the estate of Winchester Mathewson, assigned to Abraham Dutcher one whole lot in Bedford as the portion of Dutcher's wife in the said Mathewson's estate. 150 acres is adjudged to Crane & the remainder to Nehemiah Ide; and also is adjudged to Ide 100 acres on the west end of lot N'o. 44 which appears to be vested in the heirs of Winchester Mathewson, to make up said Dutcher's right, and the remainder, (viz): 238 As. 84 8/10 Ps. to the heirs of Winchester Mathewson, as applied for by John Peirce in their behalf. Sarah Dutcher to be excepted and Sylvanus Mathewson. _ _ _ Monday. 27th Aug'st. Surveyor run Ide & Brown's division lines, M'r. Smith attended the other Commissioners, classing & valuing the lands and makeing out Certificates. _ _ _ Tuesday, Aug'st 28th. Surveyor engaged in drafting. Commissioners all engaged in filling up certificates and entering them in class book. _ _ _ Wednesday, Aug'st 29th. This day compared Certificates with Class book. Indorsed them, settled up the accounts, and each one after takeing an affectionate adieu, set out for their respective homes. <609> JOURNAL OF THE COMMISSIONERS. The Pennsylvania claimants to lands in the Township of Bedford, Luzerne County, not having submitted their titles to the land, and draughts of survey duly authenticated to the Commissioners (either before or after the same had been certified to the Connecticut claimants), for the purpose of having their said lands resurveyed, classed, valued and certified, as is by law directed. The Commissioners being unanimously of opinion that the law left it altogether optional with the Pennsylvania claimant to comply with its provisions or not, in the first or second instant, and by not having applied the law made their election; therefore no measures were or could be taken by the Commissioners respecting them. 39-VOL. XVIII.