History: PA Archives: Second Series, Vol. 18: PART I - MISCELLANEOUS PAPERS RELATING TO THE WYOMING CONTROVERSY : 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 _____________________________________________________________________________________________ <611> MISCELLANEOUS PAPERS RELATING TO THE WYOMING CONTROVERSY. _ _ _ 1769 -- 1808. <612> [From a large mass of correspondence in the Land Department we have gleaned the documents printed herewith. They are of various dates. It may be stated in this connection that there are many valuable papers in existence relating to Wyoming affairs, which it is sincerely hoped the State will direct the printing An important letter book belonging to the Department has not been found.] <613> MISCELLANEOUS PAPERS. _ _ _ James Logan's Account.--1769. The Honourable Proprietors. To JAMES LOGAN. Dr., 1769: 1st. To carrying flour to Wyoming with four horses and one man, £2 To my expenses in going to assist the Sheriff, 1 10 2d. To assisting in three expeditions, man and two horses, finding our own provisions, &c., 10 3d. To my servant, taken prisoner for 6 months and 3 days, 12 4th. To six times carrying prisoners to Eastown, 6 5th. To the use of several horses on different Expresses for near 3 years, 10 To assisting to take the Hanover men out of Jacob Brinker's and going to Wyoming with them, and one man with me, 4 7th. To riding express to Philadelphia from Mr. Broadhead on said business, &c., 3 To ditto with Paul Pelton's qualification to the Governor, 3 To a man, Saddle and Bridle and Rifle-gun, 20 10 To a horse that deceased on the Road Carrying up Provisions, 8 To my expenses in purchasing provision, &c., in the country, 3 To cash paid several persons as per their receipts, 37 19 3 ___________ £120 19 3 Cr. Cash received of Mr. Hennings, £2 Do Mr. Peter Kechlin and Mr. Stewart, 3 15 do Mr. Lewis Gordon, 15 _________ 6 10 0 _________ £114 9 3 =========== <614> MISCELLANEOUS PAPERS. May 25, 1772. To ANDREW ALLEN, Esq.: SIR: I can assert that many of the above services were done by said James Logan by my certain knowledge, but as for his ever receiving any pay I cannot say anything to. From your obedient and humble servant, JOHN VAN CAMPEN. May 28, 1772. I believe that the within services were done by the bearer, James Logan. GERRET BROADHEAD. I can only certify that James Logan (whose account appears within) has been employed on divers occasions in behalf of this province in driving off the New England and other intruders on the Lands at Wyoming, but whether he has been satisfied for his services I know not. LEWIS GORDON. June 9, 1772. James Logan saith that when John Tidd, his servant, was taken prisoner by the Rioters, they also seized a Horse, Saddle, Bridle and Rifled Gun, Logan's property. James Lawson and Alexander Patterson, now present, are willing to make oath of this matter, although it is not mentioned in the within account. CHARLES STEWART. June 9, 1772. James Logan applied to me to certify what I know of his services charged in the within account. I know that on account of the first charge he received in November, 1769, from Mr. Jennings and me in full,-and when he went with Mr. Kechlin in January, 1771, he was paid in full. He is entitled to six pounds for himself and Tidd, for his services September, 1770, to be paid, if not already paid him, by Amos Ogden. In regard to the 3d, 4th, 5th, 6th, and 7th charges I do not know of his being paid any money, except once by Lewis Gordon, for riding to Mrs. Taylor. I know further that he was very active in apprehending the Rioters over the mountain, and that he had no land granted him. CHARLES STEWART. _ _ _ The Honourable the Proprietaries: To GARRET BROADHEAD, Dr., 1769. To 6 days with 2 horses and self @ 12 1/2 s., £ 3 12 0 To 6 days with 1 horse, 10s., 3 0 0 <615> MISCELLANEOUS PAPERS. To 10 days at Wyoming, 10s., £ 5 0 0 To my servant, 58 days at Wioming, of which was imprisoned 36 days by the Yankys, @ 5d., 14 10 0 To 16 days at Beamys, self to oppose and apprehend to Hanover men and Yankys, @ 10d., 8 0 0 To taking and bringing down two prisoners, 6 0 0 To cash advanced to Thomas Coin to bear his Expenses, 5 0 __________ £ 40 7 0 Received on the above of Lewis Gordon, Esq., £ 0 0 0 Received of Captain Amos Ogden, by the hands of John Vancampen, Esq., 6 0 0 _ _ _ _ _ _ _ _ ACTION OF THE NORTHAMPTON COUNTY COURT _ _ _ Among the Records of the Court of General Quarter Sessions of the Peace and Gaol. Delivery, held at Easton in and for the County of Northampton, it is Contained. June Sessions, 1770. _ _ _ Northampton County Court: The Grand Inquest of our Sovereign Lord the King, for the Body of the County of Northampton, upon their Oath and solemn affirmation respectively, do present that Lazarus Stuart, late of the same County, yeoman; John Durkee, late of the same County, yeoman; and John Cochran, late of the same County, yeoman, and divers other persons, to this Inquest as yet unknown, on the thirtieth day of April, in the year of our Lord, one thousand seven hundred and seventy, at Wyoming, in the County aforesaid, did unlawfully, riotously and routously assemble and gather together to disturb the Peace of our said Lord the King, and so being then and there assembled and gathered together in and upon one, John Murphy, in the peace of God and our said Lord the King, then and there being unlawfully, riotously and routously, did make an assault, and him, the said John Murphy, unlawfully, riotously and routously did beat, wound and ill-treat so that of his life it was greatly despaired. And him the said John Murphy, then and there with force and arms riotously, routously and unlawfully against the will of him, the said John Mur- <616> MISCELLANEOUS PAPERS. phy, and against the Laws of that part of Great Britain called England, and of this Province of Pennsylvania, without any legal Warrant, Authority or justifiable Cause, did imprison and detain for the space of Sixteen days, and other harms to the said John Murphy, then and there did to the great damage of the said John Murphy, and against the peace of our said Lord the King, his Crown and Dignity. And the Inquest aforesaid, upon their Oaths and solemn affirmations aforesaid, do further present that the said Lazarus Stuart, John Durkee and John Cochran on the said thirtieth day of April, in the year aforesaid, at Wyoming, afterward in the County aforesaid, with force and arms, &c., in and upon the said John Murphy in the peace of God and our said Lord the King, then and there being an assault did make, and him, the said John Murphy, then and there did beat, wound and evilly treat so that of his life it was greatly despaired, and him, the said John Murphy, then and there with force and arms falsly, unlawfully and injuriously, and against the will of the said John Murphy, and against the Laws of that part of Great Britain called England, and of this Province of Pennsylvania, without any legal Warrant, Authority or justifiable Cause, did imprison and detain for the space of Sixteen days, and other wrongs to the said John Murphy, then and there did to the great damage of the said John Murphy and against the Peace of our said Lord the King, his Crown and Dignity. ANDREW ALLEN, Attorney General. Teste. p. Rege. Amos Ogden, Esq., John Murphy, Charles Stewart, Esq., Alexander Patterson, John Dick, Thomas Craig.--sworn, L. Gordon. John Durkee appears, pleads not Guilty and puts himself upon the County and the Att'y General Similiter, ex. process. I, William Craig, Clerk of the Court of General Quarter Sessions of the Peace and Gaol Delivery of the County of Northampton, in the Commonwealth of Pennsylvania, do hereby Certify That the foregoing is truly Copied from an original Indictment remaining of Record in my office. In witness whereof I have hereunto set my Hand and the Seal of the said Court at Easton, in the County aforesaid, the first day of April, in the year of our Lord one thousand seven hundred and ninety-three. WILLIAM CRAIG. I, Jacob Rush, President of the Courts of Common Pleas of Quarter Sessions of the Peace of the Circuit consisting of the Counties of Berks, Northampton, Luzerne and Northumberland, in Pennsylvania, do hereby Certify That the Attestation <617> MISCELLANEOUS PAPERS. of the foregoing Record and Proceedings is in due Form and according to the usual mode of exemplifying the Records of the said Courts in Northampton. Witness my Hand this 12th day of April, 1793. JACOB RUSH, President of the Third Pennsylvania District. _ _ _ _ _ _ _ _ SUBSCRIPTION OF PHILADELPHIA CLAIMANTS.-1775. _ _ _ PHILADELPHIA, October 9, 1775. WHEREAS, It is necessary to assist the inhabitants of Northumberland and Northampton counties in protecting their property and preserving the peace of those counties: We hereby promise to pay the sums annexed to our respective names for that purpose when called upon by the treasurer of the committee appointed to receive the same, or any other person authorized by the said committee. Turbutt Francis, £50 John and Jesse Lukens, £20 Ed. And Joseph Shippen, 40 Robert Morris, 25 James Tilghman, 25 Samuel Meredith, 25 Tench Francis, 25 Matthias Slough, 15 Andrew Allen, 20 Charles Stewart, 30 John Cox, 20 David Shakespeare, 12 William Smith, 20 Owen Biddle, 10 Henry Keppele, junior, 20 William Sitgreaves, 10 John Musser, 10 Edward Milnor, 10 Reuben Haines, 50 Samuel Garrigues, 10 John Vandenn, 20 John Maxwell Nesbit, 20 The names on the opposite column are a few of those who have subscribed in Philadelphia. The committee for applying the said subscription request Jasper Yeates, Esq., Sebastian Graaf, Esq., Rev. Thomas Barton and Mr. John Witmore, junior, to solicit and receive subscriptions for the above purpose in Lancaster county. Signed on behalf of the committee this 11 of Nov., 1775 JOHN LUKENS. TENCH FRANCIS. WILLIAM SMITH. <618> MISCELLANEOUS PAPERS. A LIST OF YANKEE PRISONERS-1774 (?). _ _ _ Asa Luthington. Ephraim Arnel. Stephen Fubler. Richard Brockway. Asa Gore. Jacob Cook. Thomas Fish. Eleazer Newton. Penigo Downing. Silvester Cherbrouk. William Churchill. John Shaw. Nicholas Manuel. John Shuls. William Lannen. Elijah Harris. Hosea Yale. Ichabod Downing. Prince Alden. Thomas Badlock. William Briggs. David Marvin. Reuben Vernon. Seth Smith. William Gallop. Timothy Gaylord. William Warner. Stephen Lee. Zebulon Butler. John Killam. Silas Brown. Oliver Smith. Aholial Buck. Asial Atherton. Henery White. James Atherton. Thomas McLure. Joshua Bennet. Silas Parks. Samuel Peton. James Graham. Robert Frazer. David Phillips. Elijah Buck. Abel Yarrington. Obediah Gore. David Buckett. Daniel Gore. William Decker. Elias Robins. Jacob Applefinger. Nathaniel Salmons. George Kinter. John Simpson. Jacob Ankish. George Espy. John Revolt. Robert Young. Henry Fisler. Peter Kidd. Jacob Fisler. Silas Gore. Robert Hopkins. William Leonard. Conrad Beecker Oliver Durkee. John Soyer. John Wiley. Stephen Tracey. Asa Whitlasey. Luke Carter. John Holley. Thomas Wolsworth. Nicholas Phillips. Daniel Holley. Felix Duker. James Hopkins. Robert Hunter. William Rea. Peter Tronsway. <619> MISCELLANEOUS PAPERS. Jonathan Downing. Enos Yale. Joseph Moss. William Hollibord. John Delong. Christopher Avery. Benjamin Doruston. Joseph Gaylord. John Jamison. Samuel Avery. John Murphey. John Gellam. Samuel Storey. Benjamin Reynolds. James Hopkins. Asa Lyons. Abel Pearce. John Franklin. Thomas Wolsworth. Samuel Hodkiss. John Folley. Cornelius Vincent. Preserved Taylor. John Ewing. Thomas Bennet. Thomas Heath. Nathan Beech. James Hedsel. Thomas Weeks. Jonathan Weeks. Ebenezer Fornum. Ruben Jones. James Nisbet. Henry Windecker. James Grames. Ebenezer Hubbard. _ _ _ A List of Prisoners taken before the Fort. Jonathan Carring. Pershall Terry. Solomon Johnson. Gideon Pelton. Jabish Fish. Daniel Hains. Conrad Beker. Rusal Franklin. Uria Marvin. Samuel Marvin. Daniel Marvin. Andrew Sypher. Jesse Kinney. Peter Walker. Robert Roth. Daniel Angel. Elias Williams. Ebenezer Starm. John Kesler. Ezra Bewell. Zopher Williams. John Doranie. Aaron Clawson. Moses Ward. _ _ _ _ _ _ _ _ THE WYOMING EXPEDITION-1775. _ _ _ At the request of William Mackey, Michael Troy and Doc. Punket, that carried on the Expedition, William Mackey delivered on the 13th day of December, 1775, to the under named Gentlemen: <620> MISCELLANEOUS PAPERS. Captain Boon, 6 3/4 yds. Broadcloth, 18s. p. yd., £ 6 1 6 " Long, 6 1/4 yds. " 25s. " 8 2 6 " Moody, 3 yds. " 25s. 6d. " 3 16 0 " " 2 1/4 yds. " 19s. " 2 2 9 " Allison, 11-1/4 yds. " 25s. 6d. " 14 13 3 " Lee, 4 1/8 yds. " 24s. 6d. " 5 1 1 ________ £39 17 7 ======== The above goods was used for Legins for the Troops on the Wayoman Expedition. _ _ _ _ _ _ _ _ NATHAN DENISON TO THE COMMITTEE AT EASTON. _ _ _ WESTMORELAND, January 9, 1777. GENTLEMEN: The Bearers hereof are Part of a Large Body of Indians belonging to the Six Nations, who have expressed their friendship for the United States of America at a Council held in this Place this day. They also Inform us they are upon a Journey to Philadelphia to speak with the Congress (if returned). Otherways intend to see General Washington. They have Desired us to write to you and beg that they may be Pointed to Places to Escape the small-pox and other Pestilential Disorders (if such there be among you). This is wrote upon their Particular Desire to give you Information of the approach of the Body of Indians, which Consists of about two Hundred Men, Women and Children; and they further desired us to request of you Your Influence that their Proposed treaty might be at Eastown, if it be Possible at this time, for fear of the Disorders, &c., mentioned as above. We Doubt not but you will Pay due attention to these People at this time, when their favours will be more Eligible than their Frowns. We beg leave, Gentlemen, to Subscribe Ourselves your friends and very Humble Servants, NATHAN DENISON, WILLIAM JUDD, CHRISTOPHER AVERY, To Eastown Committee. (Endorsed) From Nathan Denison, Westmoreland, January 9, 1777 (by an Indian). <621> MISCELLANEOUS PAPERS. BEFORE THE COURT AT TRENTON. _ _ _ The notes of Arguments by Counsel and the Decree. _ _ _ [Unfortunately the "notes" are unsatisfactory, but it is all that we have concerning this important arbitration, for such it really was, the first under the new order of things in the Federal Union. Messrs. Eliphalet Dyer, Jesse Root and William S. Johnson appeared for Connecticut; while Pennsylvania was ably represented by Messrs. James Wilson, Joseph Reed, Jonathan D. Sergeant and William Bradford.] The Brief of Mr. Root. 10th December, 1782. By every principle of Law, Justice and policy you ought to decide in favour of Conn't. The Crown Title ought to be secure against the Crown. Urged to a trial when C. labours under many disadvantages for want of Papers. Charged with seking delay. The justice of our Cause inspires us with Confidence: 1st. Consider the Conn't Title--Good: 2. Penn's Title void in itself. Property belongs to the first discoverer, because he providentially stumbled upon it. When a Nation discovers a Vacant Country they have a Right to it. 2 Bla. 8 Indians have no property in lands only as far as he uses it; that is Hunting, though when he sells it is no more than use he applies it to. Ind's have no permanent property in lands, if otherwise it would Violate the Great Command, be fruitfull, &c. The Grants of the Crown binding on the Crown. The use of those Grants are for the People & not an Ind. 4 Bac. 211. The Grants the Crown made: 1st. That to the Council of Plymouth, 1620. 2. Conveyance fom the Council of P.--but no Orig'l papers. G. W. 3. To Lord Say & Seal, under this patent the people of Ct. Settle in 1635. <622> MISCELLANEOUS PAPERS. Pet'n to the King. In the petition of the Gen'l Court at Hartford express mention is made of this patent. Patent of 1662. 4. Bac. 213. A violation of those Charters first began the present controversy. _ _ _ The "Brief" of James Wilson. 13th December, 1782. Whether C. has or has not a right to those lands? Prove she has not: 1. Her Charter never extended westw'd of N. Y. 2. If it ever did she has long since lost that right. 1st. From facts before the Charter, facts at the time & facts since. 2 Blac-295, defin'n of a Deed. 3d. To consider the Claims of both sides derived under the Indians. 4. To suggest the Advantages or inconv's that are likely to flow from the Decision of this Court. 1 Bac: 67, defin'n of an agreement--a concurrence of the sentiments of the parties. Vattel, 2d Book, Sec. 107, pg. 218, gen'l Rule of Interpretation. 2 Hutch: 307. What was the intention of the parties when the Soil or Jurisdiction was granted? 2 Ins: N: L: 307--9. Interpretation of intention and mode of collecting it. 323--344 Grot: Puff. 1 Blac: 59--62. Deeds shall be construed according to the intention of the parties. Calyes 6 p't., 64 B. Finches Case Rule for the Construction of Deeds.--Nothing is more consonant to Justice than to establish the Will of the Donor who makes the Grant. 2 Bac: 661, Hobert 229, 2 Blac. Same. The Intention to Govern. Vattel Boo: 2, Sec. 206; Treaties to be explained by each other. 2 Ista. L. N. 334--5, same subject--331. The Power of Explaining the old charters in Am'a according to equity & Intention was Vested in the Crown now in the United States. Vattel B, 2d Sec., 282--Sec: 287. The Spirit & intention of the Charters is the end they had in View. Grot. 265, Puff 541 Vattel 2 B., Sec. 292-3. <623> MISCELLANEOUS PAPERS. 2 Ins't, L. N. 339, Gro. 365, Puff 547-- -- 545 the Intention; sometimes we restrain & sometimes enlarge the meaning.--Remarkable, we have oftener reason to restrain then to enlarge. -- 550 Arguments drawn from conveniencys have a particular weight in the Law. When we would decide on a man's conduct we ought to place ourselves in his situation. Would we wish to read a poet with pleasure we must transport our ideas to the place and the age in which he lived. Would we judge of Charters we must not apply to the correct maps of the present Day, but the vague & uncertain knowledge the makers had of N. America. H: y to Cabot is Gen'l & can throw no light on the subject, only to disco: Queen E. Stith. His: V: 4--4 Ap'x--1-2-3* *The first bonded patent in America. The two Colonies had separate Seals & the Co.y in England had the King's own Seal for the Colony. Each colony confined to 100 miles square. Stith.-- 76-7, discovery of the Country of the Maniham, then supposed to lye on the coast of the South Sea. Stith. 101. New Charters 23d May, 1609, copy in the Apx. golden South Sea dream. 4 Purchers, 1786, The King's box. 1882 3. Pamp: No. 261. Twelve years before the C: Charter, a Map shewing the South Sea. 4 Purch: 1870. South Sea believed to be near at hand. Those who granted and those who applied for those patents did not know the extent of the Country. We are to determine according to what the Grantor and Grantees thought at that time and not accordg to what we know now. Plymouth pat. of 1620: The Reason assigned in the preamble is he had enlarged the other. _ _ _ The "Brief" of Dr. Johnson. Indian title is vague & uncertain. Show no title Valid but the Crown Title. The question is a question of Right, & Right & Title are synonymous in this Question. Every Title must be established according to the Laws of the Country. <624> MISCELLANEOUS PAPERS. The General Laws of America must be the Ground on which this question is to be decided. The Law as it stood at the Time of the acquisition is binding. The Feudal system was the Law of all the Nations in Europe at the Time of the Discovery of America. The French, Spanish & Portugees adopted the erroneous system of Conquest. The English & Dutch the more human system of Humanity. The Indian Title is subordinate to the Crown Title and can never be set up against it. Indian titles uncertain and cannot be depended on. Will not depreciate Indian title. Cultivation is the Regular mode of Appropriation. Indians never Cultivate. Property grows up with Civilization and cannot be acquired without it. Purchases from the Indians were no more than the purchasing of peace and quietness. 3 Hutch: 30 Vattel, 37; Sec. 81, 91. Indians no proprietors. Eliz: Tower Bill Opinion, Christians have a Right to take barbarians' land. All the Lgeislators [sic] in America have adopted these principles. It is the law of America and must be binding on America. The Court cannot vary from them. When this Rule is adopted and property depending on it, it ought not to be shaken. On this principle we must stand, that whoever can adduce a Charter Title require no more. Vattel 2, B. 216, 264. The Reason of the Grant is the Ground of the Grant, though the Reason ceases, yet the Grant continues. 5 Bac: 525. There is a Legal Title and an Equitable Title. The Discovery and Charter from Chas. The 2d. The Plymouth Charter and all under it are only explanatory. We do not use them for any other purpose. This we told them Early. Cabot's Discovery-King took the Homage of the Natives. In the Reign of Hen: 8 some of the Natives did Homage to him siting on his throne. The Title of Discovery is the principle by which all the Nations of Europe hold their possessions & Ratifyed by all their Treatys. James 1st began in 1606 to make grants or rather Lisences. The Patents to Virginia from Sea to Sea in the South; and to Winthrop in the North are the foundations of the American settlements. <625> MISCELLANEOUS PAPERS. Purch: The Extent of America was as well known at that Day as at this. The Surrender of the Plymouth Charter mentions 3000 miles to the South Sea. Patents have been Vacated frequently, as they were often given to favourites, & policy induced the Judges to Vacate them. 4 Bac: 210, 211. Reasons for Vacating Grants. 1 Hutch: 34. Plague among the Indians. We only mention these Patents as Historical facts which Comprise our Equitable Title. A part of Narragansett River had been granted to Massachusetts the Year before. The patentees were the Associates of Lord Say & Seal, &c. 1 Hutch: 47. Conn't Charter, Chas. 2d granted it for Valuable consideration. The Colony is the People. The property is one thing. The property of the Colony another. The people another. And the property of the People a fourth. The property of the Colony is from the Beginning. The Jurisdiction of the Government extends with the Settlements. The greatest part of the Colony was purchased of the Natives; can mean nothing more than the actual settlem'ts. Char's was liberal at the moment of granting the patent. The South bound of this patent is the Sea, whence it cannot be that Massch't line is the South bounds. On considering the location the Dutch are to be left out of the Question. There is no doubt, though Ingenuity has suggested many. It is a great grant, but it was a Royal one. There is no double construction to every human grant. If New Haven would not see that they were included in the Patent this Court will not shut their eyes; its absurd. The Charter could only incorporate the Colony of Conn't & N. Haven was not within their Jurisdiction. When the Commissioners came out with Destructive powers then they came into the Jurisdiction. The passing of a patent is an Act of ownership; it was a wise act to secure the property. The Possession of the Dutch is the only objection to be encountered. They were in under a title of their own or as tenants of the 40-VOL. XVIII. <626> MISCELLANEOUS PAPERS. Crown of England or as intruders--the last appears to be the fact. 4 Bac: 212. It was the Spirit of the patent to except the Dutch possessions. 661. Examine whether Conn't has divested herself of this property. It requires as strong evidence to divest as it does to invest property. The settlement in 1660 can have no effect as it was before Conn't was sufficiently invested with the property. 1 Blac: 484. The Settlement in 1664 was a reasumption by the Crown and contrary to law. Vide 16th, Chas. 1st. Vide their answ., Acts of Assembly to 1725. Char'l. in 1664 had lost the good Nature he was possessed of in 1662. The Settling jurisdiction was the object of the Commission. 1st. All agreements are to be construed according to the subject matter of the agreement. 2. They can only affect the parties to the agreement. Not an idea in the agreement that could affect Conn't. Vide agreement in 1683, but it ought to be construed strictly, then it only relates to N: York & Con't. A Silence for a Century. Queries by the board of Trade & prop'rs of Penns'a. 1st. State the facts & then meet the objection. _ _ _ The "Brief" of Mr. Sergeant Right of discovery. King James could not deny the Right of the Dutch, though he wished to abridge it. And reserves out of the Plymouth Patent only what the Dutch actually possessed. Who had the best right to the lands in Dispute, the oldest and nearest Settlers to those lands or the most remote and junior settlements. If the King had divested himself of the Jurisdiction over the lands mentioned in the Charter of C: why do the Susq'a Co'y apply and the C: Assembly recommend them to the Crown for a New Grant? When one gives anything it is to be presumed it was his own, at least he wishes it to be thought so, though the presumption is not always the truth. So it is with respect to those large grants, for no other purpose than to create a Title to the Crown. 1. Hutch: 48. <627> MISCELLANEOUS PAPERS. 9-317-268. Alowed on all hands that the Council of Plymouth had no Right to convey the Right of Jurisdiction. 1 Day-113. As to Jurisdiction the Council of Plym: were trustees; with regard to the soil the same. 10 Cohn, 110, 111, 112. A false suggestion or recital of a false consideration in a patent Vitiates the Whole. 1 & 4 Cohn. 2 Blac. 347-8. Indian Treaty at Lancaster in 1744. 2 Vol. Harrises, V's 247. 4 Purch: 1872: The King, notwithstanding the Plymouth grant, granted some of the lands comprised within that Patent to others. 1 J. Cong: 33. The Act of Parliament of England extending the Bounds of Canada is frequently mentioned by Congress as a grievance, but never once mentioned by C: as infringing on the Bounds of their Charter, which it certainly did if their Claim to the disputed lands is Just. 53-4. The Northerly & Westerly boundaries of their Colonies. 69- - - Same Pet'n to the King. 1 J: Cong. 153, 2d. Addresses to the People of Britain. All the Western Lands late in the Crown of England are now the Joint property of the United States. They have no grant under the Plymouth Charter--no general proofs can prove more than general facts. To particular facts particular proof must be made.--To prove a Deed the Deed must be produced, if not lost or destroyed by accident then a Copy must be produced. N. Haven: State of the Case. Charles the 1st never signed the patent nor had C: any until Mr. Winthrop obtained it in 1662. No patent to Lord Say & Seal, &c. No grant from them to the people of C't. 2 V: C. Rec. 237. Decree. 250. Reasons. 265. Do. Her rights must have arisen from her settlements; her conquests or her purchases from the Indians. The purchase made from the Indians on Delaware were made by the people of N. Haven, then a separate Gov't from Con't. They were made by people who then deny'd the Charter of Con't & all the Authority it would give. 2 V: C: Rec. 14. N. Haven Colony sent men to purchase from the Indians at Delawar bay, but expressly forbid to medle with any thing the Dutch or Sweads had a Right to. <628> MISCELLANEOUS PAPERS. Why produce the Indian purch. In Delaware State if not to keep up the Idea of their Claim to that State. Do. 37. Why make them now if this is not their Idea. Let us discover their limits. Do. 73-4. The Dutch declare they have a Right to Con't River and that they purchased of the Natives long before the English settled there. 2 N. C. Rec. 280. By liberty of the N: C: Con't were permitted to take two Towns on Long Island into their Protection. 1662. The recitals in the Charter will shew us what was asked and what was intended to be granted, viz.: "The greatest part was purchased at a great expence and some parts conquered." If the Gov't of Boston was too remote for Con't, can a Country 1000 miles distant be more convenient for the Gov't at Hartford. 348. King's letter to the Gov't of N. Haven, Conn't, &c., dated after the Granting of C't Charter. 21st June, 1663, which shows the Crown had no intention of involving N: H in the C't Charter. 367, 380. The union of N: H. to be interpreted as their own Consession and not otherwise. That Con't could not extend farther Westward than N: H. Instructions, 1683, 10th & 13th. Queries in 1680. Queries in 1730. Official Declarations Con't to the Crown in 1774. She changed her note, well knowing her former Declarations were repugnant to her claim. Con't Acts of Assembly 110-111. To settle & dispose of all the Vacant lands in the Colony. 260. County of Litchfield Act. Their Western line. Conn'ts frequent settlements of Boundaries have long since barred her right, if it ever existed. In 1650 Dutch Settlement of Limitts. If it never was ratified the words of the argument are binding. 1656. Ratified by the Dutch. 1664, 1731-2. 1603-4. Indians the true proprietors of the Soil. The first settlers under the Plymouth Charter were Relieved from Famine by the Corn purch'd from the Indians. Hutch. 15-16, Colden 33-4. Dutch settle in 1609 and 5 Nations Indians kindly treated by the Dutch. Policy of the Division. <629> MISCELLANEOUS PAPERS. The "Brief" of General Reed. The Title of Penns'a stands on the clearest ground abstracted from that of Connec't. Our Title consists of both the Crown and the Indian title. That all titles should be derived from the Crown is the law of Britain and only applicable to Britain. 3 Hutch. 30. _ _ _ The Decree of the Court. This Cause has been well argued by the Learned Council on both sides. The Court are now to pronounce their Sentence or Judgment. We are unanimously of Opinion that the State of Connecticut has no right to the Lands in Controversy.- We are also unanimously of Opinion that the Jurisdiction and Preemption of all the Territory lying within the Charter boundary of Pennsylvania and now claimed by the State of Connecticut do of Right belong to the State of Pennsylvania.- WM. WHIPPLE. WELCOME ARNOLD. DAV'd BREARLY. CYRUS GRIFFIN. WM. C. HOUSTON. Trenton, 30th Dec'r, 1782. _ _ _ _ _ _ _ _ THE TRENTON COMMISSIONERS TO PRESIDENT DICKINSON. _ _ _ TRENTON, 31st December, 1782. SIR: We take the liberty to address your Excellency, as private citizens, lately honored with a commission to hear and determine the controversy between the States of Pennsylvania and Connecticut, relative to a dispute of territory. In the course of executing this commission, we have found that many persons are, or lately have been, settled on the lands in question. Their individual claims could, in no instance, come before us, not being in the line of our appointment. We beg leave to declare to your Excellency, that we think the situa- <630> MISCELLANEOUS PAPERS. tion of these people well deserves the notice of government. The dispute has long subsisted. It may have produced heats and animosities among those living on or near the country in contest, and some imprudences may take place, and draw after them the most unfavorable consequences. With all deference, therefore, we would suggest to your Excellency and council, whether it would not be best to adopt some reasonable measures to prevent any, the least, disorder or misunderstanding among them, and to continue things in the present peaceable posture until proper steps can be taken to decide the controversy respecting the private right of soil in the mode prescribed by the confederation. We doubt not an early proclamation from the Executive of Pennsylvania would have all necessary good effects, and we feel ourselves happy in the fullest confidence that every means will be adopted or acquiesced in by the State to render the settlement of this dispute complete and satisfactory, as far as may be, to all concerned. We have the honor to be, with great respect, Your Excellency's most obedient, And humble servants, WM. WHIPPLE. WELCOME ARNOLD. W. C. HOUSTON. DAVID BREARLY," President DICKINSON. _ _ _ _ _ _ _ _ JAMES TILGHMAN TO THE ATTORNEY GENERAL. _ _ _ November 11, 1782. SIR: The Commissioners appointed by the State of Pennsylvania to contest the dispute concerning the Boundary of this State with Connecticut, having thought the Indian Deeds made to the proprietors of the province would absolutely be necessary, the Supreme Executive Council sent for me to enquire if they had been delivered to me, to which I had to reply in the negative, and being asked if I knew in whose possession they were, I answered I thought in Mr. Penn's; upon which an order of Council was made, that I should apply for and receive the same from him, but upon my giving application to him he declared he had not, neither did he know where they <631> MISCELLANEOUS PAPERS. were, except you or Mr. Physick had them. Mr. Physick says he knows not where they are. Mr. Penn, upon considering that his own interest as well as the public is concerned, seems desirous that the Deeds should be produced at the Tryal, which is to begin this week at Trenton, and judges that you have them or know where they may be found. I remember upon a certain occasion when you and I were in your room where the chests of the Land Office were put, that you missed the Trunk containing the Indian Deeds, but in a few days afterward told me that you had found the Trunk, and I think said they were at Mr. Penn's. As there are several papers of the Land Office put with your private papers which remained in your house at the time your Son delivered me the chests, as mentioned in your letter at that time, if you possibly can come up and Separate them it will be to the advantage of Several people whose claims and titles depend on some of those papers. But I do most earnestly request that the Indian Deeds be delivered, as they must at all events be had upon the Tryal, and I believe Mr. Penn desires they may be delivered at this time and put on Record, after which it may be easily settled in whose possession the originals should remain. I should not now have troubled you on this occasion, having heard of your trouble, but from the great urgency and necessity of the matter, Your Compliance will oblige all concerned as well as Your most obedient Servant, JAMES TILGHMAN. _ _ _ _ _ _ _ _ JUDGE GRIFFIN TO PRESIDENT DICKINSON. _ _ _ TRENTON, January 1, 1783. SIR: Being upon a tour of duty in the line of my office, I had not the pleasure of reading your letter until yesterday. Before the commissioners determined that important contest between Pennsylvania and Connecticut, it was agreed: 1st. That the reasons for the determination should never be given. 2d. That the minority should concede the determination as the unanimous opinion of the court. No doubt sufficient reasons appeared to us to adopt these <632> MISCELLANEOUS PAPERS. preliminary points. Whether strictly justifiable, or at present would be adopted, I will not undertake to say. Perhaps a different course might be pursued; but this I will undertake to say, that no court ever met and decided a great question less subject to partiality or corruption, or in which more candor and freedom of debate were exercised. As you seem to suppose, I do not know in what manner the jurisdiction might be considered if tried again, and especially since a number of important discoveries have been made, and a mass of evidence can now be produced which was not known at that time. But I can assure you, sir, that the commissioners were unanimously of opinion that the private right of soil should not be affected by the decision. The decision was not to reach the question of property in the soil. We recommend very strongly, derived from legal and political grounds, that the settlers should be quieted in all their claims, by an act of the Pennsylvania Assembly; and that the right of soil, if I recollect truly, as derived from Connecticut, should be held sacred. Such, however, I am certain, was the opinion of the individuals who composed that court. I have the honor to be Your humble servant, CYRUS GRIFFIN. To President DICKINSON. _ _ _ _ _ _ _ _ PROCLAMATION CONCERNING THE DECREE AT TRENTON. _ _ _ A PROCLAMATION. WHEREAS, The Court of Commissioners, constituted and declared by the United States, in Congress assembled, to hear and finally determine the controversy between this State and the State of Connecticut, respecting sundry lands lying within the northern boundary of this State, having heard the said States respectively thereupon, proceeded on the thirtieth day of December last, to give judgment in the words following, to wit: We are unanimously of opinion that the State of Connecticut has no right to the lands in controversy. We are also unanimously of opinion that the jurisdiction and preemption of all the territory lying within the charter boundary of Penn- <633> MISCELLANEOUS PAPERS. sylvania, and now claimed by the State of Connecticut, do of right belong to the State of Pennsylvania. We have thought fit to make known and proclaim, and do hereby make known and proclaim the same, and we do hereby charge, enjoin, and require all persons whatsoever, and more especially such person and persons who, under the authority or countenance of the late Colony, now State of Connecticut, either before or since the Declaration of Independence, have entered upon and settled lands within the bounds of this State, to take notice of the said judgment, and pay due obedience to the laws of this Commonwealth. And Whereas, There is reason to fear that the animosities and resentments which may have arisen between the people, who under the authority or countenance of the said late Colony, now State of Connecticut, as aforesaid, have made settlements within the bounds of this State; and the citizens of Pennsylvania who claim the lands whereon such settlements have been made, may induce some of the latter to endeavor to gain possession of the said lands by force and violence, contrary to law whereby the peace of the State may be endangered and individuals greatly injured, we do hereby strictly charge, enjoin all persons whatsoever, to forbear molesting, or in anywise disturbing any person or persons, who, under the authority or countenance of the late Colony, now State of Connecticut, as aforesaid, have settled lands within the bounds of this State until the Legislature or courts of justice shall have made laws or passed judgment in such case as to right and justice may appear to belong, as such persons offending therein shall answer to the contrary at their peril. And we do hereby charge, enjoin and require, all judges, justices, sheriffs, and other peace officers, to use their authority to prevent offenses, and to punish, according to law, all offenses committed, or to be committed, against any of the people so as aforesaid settled under the authority or countenance of the said late Colony, now State of Connecticut, as aforesaid, on lands within this State, and who pay due obedience to the laws thereof, as in case of like offenses against any of the citizens of this State. Given in Council, under the hand of the President and the seal of the State, at Philadelphia, this sixth day of January, in the year of our Lord one thousand seven hundred and eighty-three. JOHN DICKINSON. Attest: T'Y MATLACK, Secretary. God save the Commonwealth. <634> MISCELLANEOUS PAPERS. THE ACT OF 1783 TO STAY PROCEEDINGS. _ _ _ An act to prevent and stay suits from being brought against the inhabitants of Wyoming during the time therein mentioned: WHEREAS, Commissioners duly authorized and appointed, agreeable to the ninth article of the Confederation of the United States, to hear and determine the controversy between the Commonwealth of Pennsylvania and the State of Connecticut have adjudged and decreed, that the jurisdiction and preemption of all the territory lying within the charter boundary of Pennsylvania, and claimed by the State of Connecticut, do of right belong to the State of Pennsylvania: And whereas, This House, taking into consideration the situation of the present settlers under the late claim of the State of Connecticut, at that part of Wyoming eastward and northward of Nescopeck Falls, on the East Branch of Susquehanna, have agreed to send commissioners to make inquiry into the cases of the said settlers, and to encourage, as much as possible, reasonable and friendly compromises between the parties claiming, and, therefore, it is highly improper that any proceedings at law should be had for the recovery of any lands or tenements during the said inquiry: Be it therefore enacted, &c., That every writ and process whatever granted, or issued, or which may hereafter be granted or issued for any owner or owners, claimant or claimants, against any person being now an inhabitant on said lands at Wyoming, in order to dispossess any of the said inhabitants or settlers of the lands or tenements in his, her, or their occupancy, shall be and the same are hereby declared to be stayed, and on motion, all further proceedings thereon shall be quashed by the court to which such writ shall be returnable, until the report of the said Commissioners shall be laid before this House, and order shall be taken thereupon. And be it further enacted by the authority aforesaid, That this act shall be and continue in force until the end of the next sitting of General Assembly, and no longer. <635> MISCELLANEOUS PAPERS. RESOLUTION OF THE GENERAL ASSEMBLY. _ _ _ STATE OF PENNSYLVANIA, IN GENERAL ASSEMBLY, FRIDAY, January 30, 1784, A. M. The report of the committee, read yesterday, on the petition of divers inhabitants of Wyoming was read the second time as, follows, viz: The committee to whom was referred the petition of Samuel Shepherd and others, inhabitants of Wyoming, beg leave to offer the following report: That they find upon careful examination, that the following of the said petitions, viz., Simon Spalding, Samuel Shepherd, Joseph Hageman, Nathaniel Davenport, Charles Lyons, Daniel Whitney, Joseph Elliot, Solomon Perkins, the Heirs of Christopher Cartwright, jointly; Stephen Fuller, Asell Burnham, Preserved Cooley, William Stark, Isaac Baldwin and Lawrence Myers are within the description of persons entitled to a reasonable compensation in lands within the boundaries of this State, agreeable to a resolve of the Honorable Assembly of this State, of the second of September last.-Your committee, therefore, offer the following resolution: RESOLVED, That the Secretary of the Land Office be hereby authorized and required to deliver to each of the above named persons, viz., Simon Spalding, Samuel Shepherd, Joseph Hageman, Nathaniel Davenport, Charles Lyons, Daniel Whitney, Joseph Elliot, Solomon Perkins, the Heirs of Christopher Cartwright, jointly; Stephen Fuller, Asell Burnham, Preserved Cooley, William Stark, Isaac Baldwin, and Lawrence Myers, Certificates under the seal of his office, importing that each of them are entitled to three hundred acres of land, to be located any where within the purchased and unappropriated parts of the County of Northampton and Northumberland, and that the Surveyor General be authorised and required to direct copies of the said certificates to any of the Deputy Surveyors of the said counties, at the request of the party, in order to the final confirmation of the said lands, which are to be free of purchase money on payment of the fees of office only. And on the question "Will the House adopt the foregoing report?" it was carried in the affirmative by a considerable majority, and the report adopted. Extract from the minutes. J. SHALLUS, Assistant Clerk of the General Assembly. <636> MISCELLANEOUS PAPERS. Pursuant to the foregoing Resolve I have made out Certificates to the several persons therein named in the Form following, viz.: PENNSYLVANIA LAND OFFICE, ss: I do hereby Certify that by virtue of a Resolution of the General Assembly of the State of Pennsylvania, on the 30th day of January last, a Copy of which is entered in my office, _ _ _ , A. B. is entitled to have surveyed to him 300 acres of land within the purchased parts of the Counties of Northampton and Northumberland not already appropriated, and on Return of the survey to a patent of Confirmation in the usual Forms of the Land Office, agreeable to the said Resolve. In Witness whereof I have hereto set my Hand and seal of office this 2d day of February, A. D. 1784. DAVID KENNEDY, Secretary of the Land Office. _ _ _ _ _ _ _ _ MEMORIAL OF MARTIN AND FRANKLIN. _ _ _ PHILADELPHIA, 5th April, 1784. To the Honorable the President, the Vice President and Execu- tive Council of Pennsylvania: The Memorial of Robert Martin and John Franklin on behalf of the distressed People of Wyoming humbly sheweth: That on the 15th of March last the River Susquehanna rose into a flood exceeding all Degrees ever before known, that its rise was so sudden as to give no time to guard against its Mischief; that it Swept away about One hundred and fifty Houses, with all the provisions, House furniture, farming Tools and Cattle of the Owners, and gave but just opportunity for the Inhabitants to fly for their Lives to the high Ground; that by this dreadful Calamity One Thousand Persons are left destitute of Provisions, Cloathing and every means of Life, and to add to the Calamity the Winter Crop of Grain on the Ground is so harrowed up by the Ice as to be nearly ruined. Their deplorable Case was laid before the late Assembly for their consideration, but they Adjourned without taking any resolution thereon. Your Memorialists therefore pray that these suffering People may be recommended to publick Charity or such other method for their relief may be adopted, as your wisdom shall devise, and your Memorialists shall ever pray. ROBERT MARTIN. JOHN FRANKLIN. <637> MISCELLANEOUS PAPERS. WYOMING CONTESTANTS. _ _ _ List of the Men who have been shut up in the Garrison at Wyoming. Luke Brodhead. Jacob Woodcock. James Melvin. Richard Woodcock. Daniel McLaskey. James Culver. Joseph Cavana. Isaiah Culver. Joseph Marshal. Preserved Cooley. Abm. Courtright. Peter Taylor. Elisha Courtright. Silas Taylor. John Courtright. Ebenezer Taylor. Ezekel Schoonover. Benjamin Hillman. Peter Cousan. William Sims. Samuel Vangorder. William McKinney. Enos Randle. William Miller. Lawrence Kinney. John Hillmann. Garret Shoemaker, Jun. Alexander Hoover. Jacob Tilberry. Abm. Hammond. Abm. Tilberry. Alexander Strickland. Peter Stagg. Jacob Van Horn. Jacob Cramer. George Yoman. Jacob Klyne. John Pinsell. David McCartney. Daniel Swartz. John Lasley. Joseph Biggers. Robert Clark. John Boreland. Gabriel Ogden. George Tanner. George Tanner, Jun. Edward Cavana. Joseph Montaney. Garratt Shoemaker. James Covert. James Stagg. John Potman. Richard Savage. James Johnston. Lawrence Osbourne. Ephraim Van Orman. Patrick Dunlevey. Isaac Van Orman. Joseph King. John Van Orman. Nicholas Brink. Henry Winn. _ _ _ Juba. Obediah Walker. WYOMING, August 8, 1784. <638> MISCELLANEOUS PAPERS. List of those who had Entered Bail to answer at the Supreme Court to their Indictments for dispossessing Yankee Settlers in May, 1784. Ebenezer Taylor. Abr'm Van Cortright. Silas Taylor. Elisha Cortright. Joseph Matania. Benaijah Monday. Samuel Van Gordon. Jacob Tilghbury. Helmes Van Gordon. Henry Shoemaker. James Brink. Andrew Henderson. John Cortright. John Seely. Benjamin Hillman. Alexander Patterson. Martin Tidd. Samuel Reed. Daniel Swartz. B. W. Ball. Isaiah Colver. Luke Brodhead. James Colver. Lawrence Kinney. Isaac Clinkefoos. Preserved Cooley. Joseph Solomon. Robert Biggars. Ezekiel Schoonover. Gabriel Ogden. Henry Brink. David Ogden. Tunis Coobert. Jacob Kline. William Brink. Rudolph Litz. John Borlen. William McDonnald. _ _ _ "List of Affidavits taken at Wyoming, 1784." Depredations and threats at Wyoming against Pennsylvania Claimants. Ab'm Goodwin. Catherine Sims. Jonathan Marsh. Lois King. Anthony Benscoto. Hannah Schoonhover. Mary Korly. Isaac Taylor. John King. Mary Long. Eliz. Van Orman. John Cary. Garrit Shoemaker. John Craven. _ _ _ Concerning the Attack at Locust Hill. Charles Monro. Silence Emmons. Eliphalet Emmons. John Patnors. _ _ _ Attack on the Garrison at Wyoming. Brink & Van Gordon. Pamelia Taylor. Henry Burney. Catharine Cortright. Leah Vangardner. William Hartman. James Lardner. Samuel Karr. <639> MISCELLANEOUS PAPERS. "100 PERSONS DROVE FROM WYOMING." _ _ _ [Such is the significant heading of a document which appears to have no date. It was probably 1784. See prior lists.] A list of those plundered and drove from Wyoming which did not take up arms against the Connecticut Claimants. Benjamin Morris. Christian Cress. Abraham Lane. _ _ _ Corie, from a place called Kingston, and a Connecticut claimant. James Hillman. Benjamin Lewis. John Tilghbury. David Brewster. The Widow Hallet. Samuel Randol. James Chambers. Gisbert Vangorden. John Lanterman. William Swarts. Nicholas Brink. Jonathan Mash. _ _ _ Sheldon. Abraham Vought. Ebenezer Taylor. _ _ _ Landen. James Stag. _ _ _ A list of the inhabitants which was plundered and ordered off the ground on pain of Death, and their houses burned over their heads; but are remaining at Wyoming. George Charles. John Courtright. Catharine Brink (widow). Thomas Brink (plundered last week). Michael Scott. Jacobus Bunnescoto. Joseph Vanorman. Ebenezer Earl. <640> MISCELLANEOUS PAPERS. Charles Bingham. Samuel Karr. Abraham Smith. Daniel Hain. James Earl. _ _ _ _ _ _ _ _ ACTION OF THE COUNCIL OF CENSORS-1784. _ _ _ IN COUNCIL OF CENSORS, September 11, 1784. It is the opinion of this Council, that the decree made at Trenton early in 1783, between the State of Connecticut and this Commonwealth, concerning the territorial right of both, was favorable to Pennsylvania. It likewise promised the happiest consequences to the confederacy, as an example was thereby set, of two contending sovereignties adjusting their differences in a court of justice, instead of involving themselves, and perhaps their confederates, in war and bloodshed. It is much to be regretted that this happy event was not improved on the part of this State, as it might have been; that the persons claiming lands at and near Wyoming, occupied by the emigrants from Connecticut, now become subjects of Pennsylvania, were not left to prosecute their claims, in their proper course, without the intervention of the Legislature; that a body of troops was enlisted, after the Indian war had ceased, and the civil government had been established, and stationed at Wyoming, for no other apparent purpose than that of promoting the interest of the claimants under the former grants of Pennsylvania; that these troops were kept up and continued there, without the license of Congress, in violation of the confederation, that they were suffered, without restraint, to injure and oppress the neighboring inhabitants, during the course of the last winter; that the injuries done to these people excited the compassion and the interposition of the State of Connecticut, who thereupon demanded of Congress another hearing, in order to investigate the private claims of the settlers at Wyoming, formerly inhabitants of New England, who, from this instance of partiality, in the army, might have been led to distrust the justice of the State, when, in the meantime, numbers of these soldiers and other disorderly persons, in a most violent and inhuman manner, expelled the New England settlers before mentioned, from their habitations, and drove them towards the Delaware, through unsettled and almost <641> MISCELLANEOUS PAPERS. impassable ways, leaving these unhappy outcasts to suffer every species of distress; that this armed force, stationed, as aforesaid, at Wyoming, as far as we can see, without any public advantage in view, has cost the Commonwealth the sum of £4,460, and upwards, for the bare levying, providing and paying them, besides other expenditures of public money; that the authority for embodying these troops was given privately, and unknown to the good people of Pennsylvania, the same being directed by a mere resolve of the late House of Assembly, brought in and read the first time on Monday, September 22, 1783, when, on motion, and by special order, the same was read a second time, and adopted; that the putting this resolve on the secret journals of the House, and concealing it from the public after the war with the savages had ceased, and the inhabitants of Wyoming had submitted to the government of the State, sufficiently marks and fixes the clandestine and partial intent of the armament, no such caution having been thought necessary, in defense of the northern frontiers, during the late war; and, lastly, we regret the fatal example which this transaction has set, of private persons, at least equally able with their opponents, to maintain their own cause, procuring the influence of the Commonwealth in their behalf, and the aid of the public treasury; the opprobrium which has from hence resulted to the State, and the dissatisfaction, and prospect of dissentions, now existing with one of our sister States; the violation of the confederation, and the injury done to such of the Pennsylvania claimants of land at Wyoming, occupied as aforesaid, as have given no countenance to, but, on the contrary, have disavowed these extravagant proceedings. In short, we lament that our Government has, in this business, manifested little wisdom or foresight, nor have acted as the guardians of the rights of the people committed to their care. Impressed with the multiplied evils which have sprung from the improvident management of this business, we hold it up to censure, to prevent, if possible, any further instances of bad government, which might involve and distract our new formed nation. _ _ _ _ _ _ _ _ DAVID MEAD TO THE EXECUTIVE COUNCIL. _ _ _ WIOMING, February 6, 1785. GENTLEMEN: I Lament that I have Occasion to address you on the affair of this unhappy part of the state. I have delayed writing until all hopes of establishing any kind of Order is Vanished. 41-VOL. XVIII. <642> MISCELLANEOUS PAPERS. It is True that Irregularities have been Commited by many of the Pennsylvanians against the Connecticut Claimants. But great care has been taken that the Offenders are Generally Prossecuted with severity, and the Courts of Justice are yet Open. And unwaried pains has been taken to Convince those Claimants of the Determined Honour and Justice of the State to afford them every Restitution in the Reach of the Law, But all to no purpose, who have descended to Commit almost every kind of disorder, and bid defyance to Government, so that the exercise of the Civil Authority is altogether Impracticable. They have appointed Two or three Different Committees to Transact Different kinds of Business for the Promotion of their Designs. They have formed their Malitia, appointed Field and Other Officers in Contempt of the State; many Inoffensive Families are now under Orders Immediately to move away or their Effects to be made a Reprisal of. Therefore, as a Citizen and Servant of Government I am Obliged to Claim your Protection and Support, and am in the meantime, Gentlemen, with the greatest Respect, your most Humble Servant, DAVID MEAD. N. B.--The Inclosed Deposition of the Shawnea Township Constable, who was Elected by the Inhabitants of said Township, in Consequence of an Order Issued by Mr. Martin and myself, which was most likely to take with the people and remove doubts than otherwise, so that every Indeavour seems fruitless. The Constable of Stoke Township is now out of the place, who made report some days ago nearly Coroberating with this Deposition, but not taken in form, therefore Omited. However the Express can give some Information, who is a Gentlemen of Candor and Deliberation. D. M. Please to reimburse the Express for his Expenses. _ _ _ NORTHUMBERLAND COUNTY, ss: Personally appeared before me the subscribers, one of the Justices of the peace in and for the said County, Thomas Parks, Constable of Shawnea Township, who being duly sworn, doth depose and say that on the first day of February, Inst., in the Execution of his Office, he attempted to Seize Two Men, viz., Daniel Earl and Henry Vost, for having Stolen goods in their Possession, and Called upon a house full of People for his assistance, but instead thereof was much beat and abused, and the <643> MISCELLANEOUS PAPERS. authority of the State, without Respect, Damned; that after Telling the People he was a Sworn Constable and must do his duty, that their Contempt of authority would be attended with bad Consequenecs, they Repeated their disrespectful Language of the State and its Laws, Damning both; that this present day he attempted to Disperse a Riot and Robery, and Seize the Offenders, but was not able; that his Brains has Repeatedly been Thretned to be blowed out if he served Process., so that he is not able to do his duty, and further sayth not. THOMAS PARK. Sworn and Subscribed before me, February 5, 1785, DAVID MEAD. _ _ _ _ _ _ _ _ JOSEPH GARDNER TO JOHN BAYARD. _ _ _ NEW YORK, February 7, 1785. DEAR SIR: I received one of your favours since my arrival here, and have wrote you stating that Connecticut has revived the old dispute about Wyoming. A copy of their papers I have transmitted to council, which doubtless will be laid before the Assembly for their deliberation very soon after meeting. Mr. Henry's arrival with the copies of the Proceedings of the State in this affair has anticipated my request that you would furnish us with them. The council having done this fully, except such as relates to the proceedings of the last Supreme Court at Northumberland and Easton. These may be necessary, at least so far as they were published in one of the Philadelphia papers about a month ago. A few days after the arrival of Mr. Henry this matter was taken up as the order of the day, when we, without difficulty, had it postponed, sine die, and hope it will give time to the Legislature to deliberate in such a manner as will give mutual satisfaction to the parties, and do complete justice. By all that we can learn from the delegates of Connecticut she has no serious intentions of prosecuting this dispute as a State, any more than merely to patronize her citizens (the Wyoming settlers) in their claim of soil, and even that feebly, as Dr. Johnson has told us that he neither wishes, nor can proceed in the dispute till he receives further instructions, and <644> MISCELLANEOUS PAPERS. that he expects an agent or agents from the settlers, and not the State. How far the decree at Trenton has decided the right of soil, as well as Jurisdiction, is a question that professional Lawyers may differ in very much. We think that both have been determined fully. There is evidently two parts in the decision, viz., the Lands in dispute, and Jurisdiction, both Judged to be in Pennsylvania by the Court at Trenton. If this matter comes to be seriously debated in Congress, you must see the necessity of having an agent or agents of professional knowledge of Law to combat Dr. Johnson. Hitherto we have not been able to finish the business of appointing the additional commissioners for settling and liquidating the public accounts, although a report has been on the table many days, agreeable to the intention of the Law, which we hope will be completed in a few days. The Report is a general one, comprehending every State having large unsettled accounts with the Publick, and when resolved upon we will take the earliest opportunity of forwarding. If it don't arrive in time I wish the operation of the Law could be suspended a few days longer, that we may have the credit of being Federal in our measures. A British Packet arrived at the Hook on Thursday, but the mail was not brought to the city till Saturday evening last. A Report prevails that the Dutch and the Emperor have settled their dispute. No particulars, nor is it generally believed, but it is probable that the winter may afford an opportunity of negociating and perhaps terminating them. We lodge together since Mr. Henry's arrival, and though not the most comfortable, or at a very high rate, which, together with fire, candle, liquors, &c., amount to more than we had any reason to apprehend. We have the Honor to be Sir, your very humble and Obedient Servants, WILLIAM HENRY, JOSEPH GARDNER. To JOHN BAYARD, Esq., Speaker of the General Assembly, Philadelphia. <645> MISCELLANEOUS PAPERS. REPLY OF THE COMMITTEE OF ASSEMBLY. _ _ _ [The letter of the Committee of Settlers at Wyoming to the Assembly has not been found.] To Colonel Zebulon Butler and others, the Committee of Settlers at Wyoming: WYOMING, May 6, 1785. GENTLEMEN: We have just received your answer to ours of this morning, and were pleased in reading the first Paragraph, wherein you consider an amicable compromise as near at hand. We assure you we shall esteem ourselves happy in accomplishing so important and salutary a measure. Your answer to our first Query is somewhat satisfactory, but to the others not so. Your answer to the second is, that there never has been any Civil Officers "according to the Constitution of the State of Pennsylvania," elected in this settlement since the Decree of Trenton. We are sorry to differ from you on this head, and although we believe that many who were not Freeholders did vote, yet we must contend there were Freeholders who did vote, and that the said election was in conformity to the Constitution, as appears by the proceedings of the committee who were with you at that time and reported to the Assembly; who, therefore, established the election by Law passed the 9th day of September, 1783, in which the Justices of the Peace are particularly named. We, therefore, think you are bound, as citizens of this State, to support them in the due exercise of their authority until you can make it appear by a regular process before the proper tribunal that their appointment is contrary to the Constitution. A different conduct is certainly opposing the Laws and Constitution of this State; and we would further observe that if we are rightly informed, many of the Connecticut claimants availed themselves of the authority of those Justices, or some of them in order to claim the repossession of their houses and lots agreeable to the Law passed the 15th of September, '84, Entitled "an act for the more speedy restoring the possession of certain messuages, Lands and Tenements in Northum land Co. to the persons who lately held the same," and were thankful to them for the part they acted therein. Your answer to our third inquiry is also unsatisfactory. You assert that no peacable inhabitant has been dispossessed of <646> MISCELLANEOUS PAPERS. Property or obliged to leave the settlement. In order to understand each other properly we wish to give you our idea of a peacable Inhabitant, viz., all those who held and were in possession of lands or tenements on the 10th day of May, 1784, or the time you were violently dispossessed, these people whatever right they held under, were in the peacable enjoyment of Property, and we contend ought not to be dispoiled and dispossessed, but by a regular process at Law. You, Gentlemen, complained of the injuries you received by violence and illegal conduct, and will you the moment you are restored by the Laws of the Land, countenance the same arbitrary and unconstitutional measures against another class of citizens whom you deem intruders? This must be considered as an opposition to Law and good Government. We are possessed of a petition signed by a number of respectable citizens complaining in the most spirited manner of the arbitrary and cruel conduct of certain persons here in plundering and banishing the inhabitants claiming under Pennsylvania, and this without any application to civil authority. We beg you seriously to consider where will this issue if persisted in. Your letter concluded with asking us two questions. To the first we answer that however those people got possessed of houses or Lands, they ought not to be dispossessed of them but agreeable to Law. Had the Connecticut claimants prosecuted them for taking violent possession we doubt not that the Laws would have determined the controversy in a proper manner. To the second we answer, That the Legislative body look upon all persons residing within the chartered bounds of the State as citizens thereof who are bound to yield obedience to the Laws, and who are entitled while so doing to the Immunities and privileges granted them by the Constitution. We have now, Gentlemen, only to repeat our sincere wishes that you will each one join heart and hand to put a stop to further irregularities and disorders, and that you would give us proper assurances of your determination to support the Laws and Government of the State. This, in our opinion, is the only method left to restore peace and good order to this unhappy settlement. And we doubt not that upon your so doing you will not only experience immediate benefits yourselves, but afford real happiness to many who are now suffering under former oppressions. We pray God to direct you, and are, with due respect, Gentlemen, Yours, &c. <647> MISCELLANEOUS PAPERS. THE COMMITTEE OF SETTLERS AT WYOMING TO THE ASSEMBLY. _ _ _ May 9, 1785. GENTLEMEN: We received your answer to our Letter, bearing date the 6th of May, 1785, in which you say that our answer to your first Query is somewhat satisfactory. We are sorry it was not entirely satisfactory to you, when the answer was pointed, pertinent and conclusive to your Query in our Judgment, and without any equivocation. Our answer to your second question you say is unsatisfactory to you, because we assert that there never have been any Civil Officers according to the Constitution of the State of Pennsylvania, elected in their settlement since the Decree at Trenton. In this respect you say you must dissent from us, yet allow in your letter that there were many who were not freeholders voted at the said Election, in which instance you accede to our major proposition that there never were any Civil Officers according to the Constitution elected in this settlement, because if there were many who were not freeholders voted at the said election we have reference to, then there were many at that election who voted in open violation of the Constitution of Pennsylvania, therefore made that election unconstitutional and consequently of no avail. You further proceed and say that the said election was in conformity to the Constitution, as appears by the report of the committee. Gentlemen, can a committee of any Body of men make that Right which is in its nature Rong? Secondly.--You say the committee reported to the assembly, who, in consequence of that report, passed a particular act to establish the said election. If it was according to the Laws and Constitution of the State of Pennsylvania, what need was there for that Honorable Body to pass a particular act to establish the said election if it was according to the Laws and Constitution of the State of Pennsylvania? Gentlemen, notwithstanding you implicitly acknowledge the illegality of the Election of those magistrates, yet say you think we, as citizens of this State, are bound to support those magistrates. How can we be bound as citizens to support unconstitutional measures? Gentlemen, we cannot think that you would countenance such an idea that we, as citizens of this State, are or were bound to support unconstitutional mag- <648> MISCELLANEOUS PAPERS. istrates, and consequently act in open violation of the Constitution of the State. Thirdly.--You observe that if you are rightly informed many of the Connecticut Claimants availed themselves of the authority of those magistrates, or some of them, in order to claim the repossession of their houses and Lots, agreeable to the Law passed the 15th of September, 1785. In reply we say we were laid under the necessity of so doing, because they were appointed by the authority of this State, and if we had not improved that opportunity, we might have been kept out of our just possessions another year, therefore, there was no other alternative left us but either to do this or suffer greater evils and misfortunes. Therefore it was not a voluntary but an involuntary act in us; that is it was not free from constraint. Therefore where moral agency ceases, all vice and virtue of consequence cease, and, therefore, that ought not to be brought against us. You, Gentlemen, observe in the same paragraft that we were thankful to those magistrates for the part they acted therein. Answer, we are bound to be thankful to Benefactors, but we ought first view those Justices as Benefactors before we can be thankful to them. We never did view them as Benefactors, therefore no thankfulness is due from us to them in that respect. Gentlemen, You say our answer to your third query is also unsatisfactory because we assert that no Peacable Inhabitant have never been disposed of their Property and obliged to leave their settlement. Reply, we imagine there is great difference betwixt Peacable inhabitants and Rioters, who in a most violent manner, by force and arms dispossessed the Connecticut claimants of their property, and the authority of this State have dispossessed those Rioters by a special Act for that purpose; and now those Rioters say the Connecticut people have dispossessed and spoiled them of their Property, which we deny in full. You further say that you are possessed of a Petition signed by a number of respectable inhabitants complaining in the most spirited manner of the arbitrary and cruel conduct of certain persons here in plundering and banishing the inhabitants claiming under Pennsylvania, and this without making application to civil authority. In reply we say and declare that there have been a great number of inhabitants, or rather intruders, who pretend to claim under Pennsylvania title, and who by force of arms, in a most violent manner, contrary to all Law and Constitution of all Christinized People, dispossessed the New England settlers and took possession of their houses, land and property in an hostile manner, and those settlers so forcibly dispossessed and plundered, made repeated <649> MISCELLANEOUS PAPERS. application to the Legislative, executive, Judicial and Civil Authority of this State, praying for the restoration of their Rights, property and possessions, agreeable to the Laws and Constitution of this State, and that the Legislative Body on the 15th of September last, did resolve that those Settlers so forcibly dispossessed should be reinstated. And we further declare that we do not know of any such persons in this settlement who pretended a claim under the possession title who have had any possessions, except such as were obtained by force of arms, and we would farther say that we are informed by the best authority, and know it to be a truth, that a great number, if not all of those persons who complain of being plundered and banished by the Connecticut Settlers are those same persons who expeled us from our possessions, robbed us of our property, &c., and then finding that the Laws of the State relative to forcible entry and detaining was likely to operate against them, fled from the Laws of their country, took of there own Property and a considerable part of ours. What part of our property they were obliged to leave behind has since fallen into our hands, and yet those villains say we have robed and plundered them of their Property, which alligations we challing them to support. You further say in your letter that we complain of the injuries we have received by violent and illegal conduct, and then ask the question whether we will countenance the same against a class of Citizens whom we represent as intruders. Answer, we the committee, nor the people whom we represent, never have countenanced any such thing. Gentlemen, you conclude your letter with a requisition that we would join heart in hand to put a stop to further irregularities and disorders, and that we would give you proper assurances of our determination to support the Laws and Government of the State. In answer to you we have only to repeat our former answers to you on that head. Gentlemen, we assure you it is our determination to support the Laws and Constitution of this State. To conclude, we believe it is the sincere effort of the State and of you, Gentlemen, to Promote Peace and Harmony in this settlement, yet can't but think it Extraordinary that you should think it's consistent with sound policy or the happiness of this settlement to continue those Magistrates in office who were imposed on the people without their consent and in violation of the Constitution and Laws of the State, and who are daily making inroads thereon by violently taking possession of land and property and detaining the same from the rightful owners in open violation of all Law, <650> MISCELLANEOUS PAPAERS. and consequently doing great injustice to the widow, fatherless and distressed. Of whom David Meade is and was the fullest aggressor and Distressor of the widow and fatherless and Orphan. Gentlemen, we hope you will voluntary give us our request, which is the Constitution of the State of Pennsylvania, and thereby restore Peace and tranquility to this settlement, and joy and Myrth to this State. We pray God to give you hearts susceptible of all the fealings of Humanity, and in that line we will subscribe ourselves Your most obedient and humble servants, ZEBULON BUTLER, JOHN P. SCHOTT, JOHN FRANKLIN, EBENEZER JOHNSON, JOHN HOPKINS, CHRISTOPHER HURLBUT, HON. JOHN BAYARD, PERSIFOR FRAZER, GEORGE SMITH, Committee of Assembly. _ _ _ _ _ _ _ _ DAVID MEAD TO THE COMMITTEE OF THE ASSEMBLY. _ _ _ WIOMING, May 9, 1785. GENTLEMEN: Most deplorable Indeed is the Present Situation of this part of the State when one hundred and Twenty Miles up and down the River as it Runs, and as far west in this Valuable part of the Country in the very Bosom of the State, is now in such Rebelion. That the Connecticut Claimants I make no doubt before you have this, will at last Throw off the mask and Tell you they are the Proprietaries of this Country, most Capable of making Laws for themselves, Bid Defyance to the Laws of Pennsylvania and Tell you to grow about your Business. The most Cautious intiligence of these Designs I sent to Government early in February last, which were scarcely Credited, when this Tumult could have been easily Quashed. But now, Gentlemen, if it's the Intention of the State to Support its Dignity, I fancy you'l Believe it a Serious Business high time to Clip the growing evil, which alone Depends on the Immediate and Spirited Interposition of the State. I beg you to think of my Situation, that I have long since Regularly appropriated my Lands here agreeable to the Laws and Customs of the Country, and Peaceably Possessed myself of the <651> MISCELLANEOUS PAPERS. same. The Connecticut Claim to a Considerable part of my Lands, Relinquished most formally in Consequence of a Resolution of the Legislature, and Lands actually granted in here by the State and the very same Lands Taken by the Committee of the People with whom you are now Treating, and Rented to Tennants who came and Ordered my Plowmen to stop or expect to loos their Labours, which has happened since your Enquiry began. I have made very Considerable Improvements and have a large winter Crop now on the Ground. As a Citizen and a Servant of Government I have Claimed its Protection and Support as yet in Vain. I have made a Stand as yet at the Risk of my life and Property rather than flinch, and am now under the severest Threts of Being expulsed. Very Contrary from the line of my Conduct, which has been so strictly Confined to the Letter and Intention of the Law in my Administration that I wish you to Call on them to mention one Instance of Departure from my Duty. A Considerable Number of Pennsylvania Families are now here in a most distressed Situation. Some that has Plantations up the River near Wylusing, this far on their way, who are not permited to gow up the River on any Pretense whatever, but must all Instantly remove from here. Our late purchase is now Setling on the same Plan. Upon the whole, Gentlemen, I hope you'l now be Satisfactorily convinced that the Honour and Dignity of Pennsylvania is at Stake, and assure you that I am with every sentiment of Respect, your most Obedient Humble Servant, DAVID MEAD. _ _ _ _ _ _ _ _ THE COMMITTEE TO JOHN VAN CAMPEN. _ _ _ WYOMING, May 10, 1785. SIR: Agreeable to your request to be inform'd of what we have done at this place, we would just tell you that after frequent Messages passing between us and the Committee appointed to transact with us, as well as Verbal Conferences, they have declared their intintions of submitting to the Laws and Government of the State. We are sorry to say we have not that satisfaction which we expected. But we hope upon seriously considering their situation they will submit; the matter will soon be brought to <652> MISCELLANEOUS PAPERS. issue. In the meantime we earnestly recommend to all the Pennsylvanians who have been driven off, to cease from all illegal Measures and to pursue imediately those that are agreable to Law for redress of their grievances, and we doubt not in so doing they will have the firm support of Government. We are just setting off for Northumberland and expect to return to Philadelphia in 6 or 7 days. We are &c. _ _ _ _ _ _ _ _ DAVID MEAD TO THE COMMITTEE OF THE ASSEMBLY. _ _ _ WYOMING, May 11, 1785. GENTLEMEN: From a multitude of applications this morning I issued a precept against Eb'n Johnson and John Gansy, in a Case so plain, I thought it most likely to take on complaint of a woman whose Cow was lately taken by violence. An act like that I expected the people most ready to bear their testimony against, on the other hand great declarations of dislike has been made against the glaring conduct of this Johnson. Inclosed I transmit You a note to Colonel Butler and Captain Shott in particular, for support by which and their answer you will be fully satisfyed; for excuse they doubt my authority. I believe I mentioned to you that numbers of precepts are now here issued by Magistrates in Sunbury and Northum'd Town not complyed with, but what excuse for non-submission to the process of the Judges of the Supreme Court. I have just received information that a party is now collecting to drive and distress the few Pennsylvanians left. I propose sending Mrs. Mead and Children instantly out of the way and stand myself as long as any kind of prudence will dictate; in the meantime by your answer I expect to find wether I am to be protected or not in any reasonable time; if not I beg that on your arrival at Philadelphia this letter be presented to Council as a token of my resignation, and that I request the same may be Rec'd. I am in the meantime, Gentlemen, with the greatest respect, Your most Humble Servant, DAVID MEAD. N. B.--Since the conclusion of this letter, I this minuit rec'd the most dreadful acc'ts of disorder commencing by the most horrid distress of the few families yet here, and I am in fear of bloodshed soon, tho' you may rest assured that I shall spare no pains to convince the people to seek no other than legal redress. D. MEAD. <653> MISCELLANEOUS PAPERS. WYOMING, May 11, 1785. SIR: Yours of the present date came to hand, Observed the Contents, find our influence is lost, as the people deny you having any authority to act until it is proved that you were legally elected. We are &c., ZEB. BUTLER, JOHN P. SHOTT. DAVID MEAD, Esq. _ _ _ WYOMING, May 11, 1785. GENTLEMEN: The Constable of Stoke this inst. reported to me that Ebenezer Johnson and John Gansy are his regular prisoners on a charge of Robbery; that they have rescued themselves in the most violent manner, to wit, by a Cocked pistol at his breast with the most severe threats, and is now under the necessity of support, therefore hope you will use your influence and exertions to deliver the offenders in safe Custody again, as you know the duty of the people in such Case. I am Yours, D. MEAD. _______________________________________________ DAVID MEAD TO JOHN BAYARD. _ _ _ WYOMING, June 10, 1785. HONOURED SIR: I had the pleasure to Receive your Letter of the Third Instant, in which you mention your hopes that the Supreme Court Setting in this County may have a Good effect, in answer to which at present I can only make a few remarks and leave you to guess the event. Not one of the Connecticut Claimants who were under Recognizance for their appearance at our Supreme Court have appeared to save their Bail, neither have any of those against whom the Process Issued by our Supreme Judges surrendered themselves to the Sheriff. In fact I Believe they are pursuing the same Object of that when you were here, tho' a Different kind of Policy seems to prevail at present. The few Pennsylvania Families that were not Ousted when you were here were obliged to Fly about the time of my last Letter to you at Northumberland. The Sheriff is now here in Order to apprehend those who he has Process against, but <654> MISCELLANEOUS PAPERS. I understand they are Goan to the Bush, and the Others pretend submission, so that most Deplorable is the present aspect. However, I shall write to you again in a few Days, and in the meantime hope you'l Inform me of the sentiment of Government on this Occasion, with your advice in my difficult Situation. While I remain with every sentiment of Respect your Honor's most Obedient Humble Serv't, DAVID MEAD. The Hon'ble JOHN BAYARD, Esq'r. N. B.--Since the close of this Letter I have had the pleasure to see the Sheriff with four of those Offenders in Custody. - - - - - - - - DAVID MEAD TO THE PRESIDENT OF THE STATE. _ _ _ PHILADELPHIA, August 1, 1785. His Excellency the President and the Supreme Executive Council: GENTLEMEN: The address and Petition of the subscriber, a Citizen, a Member of the Society and servant of the Commonwealth, most respectfully sheweth, That his singular situation is such that in the fullest Confidence of the Benefit and Protection of the Laws of the State he has Legally Possessed himself of and Cultivated his Property under the Authority, Title and Protection of your Government, much of his goods is Taken from him by Violence, his House reduced to the Nature of a Garrison by a Lawless Bandity. He has Taken Process against many of the Offendors, tho' to no purpose, and has applyed for the Relief and support of Government as yet without success. Therefore your Petitioner, a Member of the Community always ready to Contribute his Proportion towards the expense of Government or yield his Personal service when required, once more Begs your Immediate Interposition for his relief agreeable to the Laws of the Land, or Devise such Other Measures as in your Wisdom may be thought most Proper to put him on a footing with your Other Citizens, save his house from becoming a Sacrifise to Villins, Reimburse him for his expenses furnishing enteligence, sending expresses, &c. And your Petitioner as duty Bound will Pray, DAVID MEAD. Continued in Part II of Miscellaneous Papers