History: PA Archives: Second Series, Vol. 18: PART III - 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 _____________________________________________________________________________________________ <692 continued> MISCELLANEOUS PAPERS. - - - - - - - - PICKERING AND GORE TO GOV. MIFFLIN. _ _ _ PHILADELPHIA, January 15, 1791. SIR: The sole purpose for which we waited on you yesterday was to give you some information relative to a candidate for a public office in the county of Luzerne, who is not personally known to you, and whose character, we have reason to believe, has not been truly represented. The office is that of county lieutenant, now held by colonel Zebulon Butler. Col. Butler was an officer in the late Continental army, and finally had the command of a Connecticut regiment. He is a good natured man and an obliging neighbour. For these reasons, and for the regard we have to an old acquaintance, we should take pleasure in seeing him reappointed county lieutenant for Luzerne. But, sir, we apprehend that Government can derive no honour, and the Commonwealth no advantage, from his reappointment; on the contrary, both will <693> MISCELLANEOUS PAPERS. be injured. Sir, we speak it with regret, but a just regard to the honour of government and the interest of the county and of the Commonwealth, oblige us to declare the truth. We wish that he had renounced all pretensions to the office, that we might have been spared the pain of making the declaration, that Colonel Butler, for many years too much addicted to strong drink, is now rendered wholly unfit to fill the office of county lieutenant. This unfortunate habit has cost him his estate, which is now under execution, and probably will not be near sufficient to satisfy his creditors. We have heard the complaint, and we believe it to be true, that neither drums nor fifes have been purchased with the militia fines, but that these have been consumed in drink. Sir, we cannot entertain an idea that the militia fines which have been, or shall be collected and paid to him, can ever be accounted for. His present circumstances and the temptation of the unfortunate, but invincible habit beforementioned, will prevent it. Permit us now, Sir, to mention another name-a name well known to you, a name respected in the county, the name of a sober and discreet man-Colonel Denison. If he could be appointed county lieutenant, Government would be honoured, the Commonwealth faithfully served, and the people of the county well pleased. We have been led, Sir, to make this representation at this time in consequence of our having heard of a particular application to you in favour of Col. Butler, and because a letter addressed to him by the assistant Secretary has been put into the hands of one of us, perhaps to inform him that you have already given him the appointment; but which, if you think proper, can at any time this day be recalled, which we particularly mention, because, to-morrow, if not recalled, it may be on its way to Luzerne. Sir, we naturally wish to live on good terms with our neighbours, and therefore should be pleased to have the knowledge of this representation confined to your own breast. Nevertheless, as truth, your honour, and the public good are its sole objects, we shall not object to any communication of it which shall be necessary for your justification in dropping Col. Butler and appointing Col. Denison, or any other fit character, lieutenant of Luzerne County. We have the honour to be, with great respect, Sir, your most obedient servants, TIMOTHY PICKERING, OBAD. GORE. His Excellency Thomas Mifflin, Esq., Governor of Pennsylvania. <694> MISCELLANEOUS PAPERS. ARTHUR ERWIN TO GOVERNOR MIFFLIN. _ _ _ April 5, 1791. SIR: Perhaps it may appear somewhat extraordinary to carry a Complaint before the Chief Magistrate of the State, where the Laws of the Land have pointed out the more regular Mode of pursuing the Means of Redress; but as this, Sir, is an extraordinary Case, it may probably be a sufficient excuse for the irregular Mode of proceeding in it. You are not now to learn the Troubles and embarrassments which the Connecticut claimants to Lands in the County of Luzerne have for a series of years past from Time to Time involved Pennsylvania. It will not be necessary, I conceive, to enter into any Investigation of that Business. The existing laws, were they carried into effect, would be sufficient to answer every purpose. My present application to you, however relates to myself only. When the Land Office was opened in the year 1785, and the choice thereof determined by Lott, I became an adventurer for about five Thousand acres in Luzerne county, adjoining the New York line, and without the Limits of any of those Townships comprehended in the late confirming or quieting Law, since repealed. These Lands, which lay on the Tioga above the point, I immediately patented, settled, cleared and improved, not doubting but the Commonwealth of Pennsylvania, under the solemn Faith of which I had purchased and paid for them, would protect me in the possession and enjoyment of my Property. I have been almost the only man who has, in that Country, asserted the Claims under the Government of Pennsylvania to the Lands in Luzerne, by which I have not only subjected myself to Insult and abuse, but on more occasions than one been in eminent Danger of my Life, not from Threats merely, but by actual assault, and that of the most agrivated nature. When in August, 1789, I was in that country cultivating my own ground I was obliged to have Recourse to the legal steps to recover some Rent due to me from a person who occupied part of my Land there under verbal Lease, and when the property distrained was in the Hands of the Officer, the Tenant with several others came and forceably resqued it, not satisfied with this outrage, they attacked me and one of them with the Handle of a pitch-fork broke one of my arms and beat me in <695> MISCELLANEOUS PAPERS. such a manner that I very narrowly escaped with my Life. I then took the usual steps to have him prosecuted for a Breach of the peace, but, altho' every necessary proof was made of the Fact, in that county he escaped unpunished. In the course of the last Summer a number of persons who call themselves Half-share men, a Description of people who, I believe from principle and Habit, are not likely ever to be good or useful citizens of this or any other Country, came within my enclosed ground at a Time that I was absent, cut a quantity of Hay, and to the Laborours who I had there employed, used many Threats against my Person. After I had hauled in the Hay which my people had made, together with what they had cut on my Land, they came and forceably took it away, still using Threats; soon after they took from my Laborours a quantity of Indian Corn in the same manner, which circumstances the Depositions of Daniel McDuffee, Sarah Redford and Dolly McDuffee make appear. It is true the Effects which have been violently and unlawfully taken from me are of no very great value or magnitude, but if the persons who have thus flagrantly broke in upon my property escape with Impunity, the property of no Pennsylvanian will be safe from their Depredations. I have not taken any legal steps to obtain Redress, well knowing the Fate of any process in the County of Luzerne, where a Pennsylvanian is a party; of this indeed I have had sufficient experience. I trust, however, that the Commonwealth of Pennsylvania will do me ample Justice and no longer suffer her laws to be tramped on, her Dignity debased and her citizens injured and abused by a set of people who have ever discovered a Disposition obnoxious to the Laws and government of this State. I have, therefore, made my application to you, as the supreme magistrate of the State, and from your prompt Decision and public spirit, I hope such measures will be taken as to secure me in the Enjoyment of my property in that country, as well as to protect me from the Danger which from the constant Threats of those people I conceive my Life to be in while among them. With every sentiment of Respect, I have the Honor to be, Sir, Your most obedient and very humble Servant, ARTHUR ERWIN. <696> MISCELLANEOUS PAPERS. ACCOUNT OF WILLIAM SAYRES. _ _ _ Dr. The State of Pennsylvania to Wm. Sayres, for Sundries furnished the Troops on the Wyoming Expedition, by order of the Magistrates of Northumberland County, in the year 1775. To 69 1/2 galls Rum, 6s 9d £23 9 1-1/2 23 galls Whiskey, 4 4 12 0 4 lbs. Candles, 1 3 5 0 2 1/2 lbs. Tallow, 10 2 1 1 bolt Tape, 3 6 4 lbs. Coffee, 1 7 6 4 2 Loaves Sugar, 31 lbs., 2 3 3 0 5 lbs. Sugar, 11 4 7 7 lbs. Soap, 1 7 0 2 pairs Shoes, 10 1 0 0 1 pair Leggins, 11 3 Cash to the wounded, &c., 1 5 0 Do. for Firewood for do., 1 2 6 To sundries furnished the different Companies and wounded, by order of Squire Allison and Sheriff Cook, 41 10 7 ___________ £78 1 11- 1/2 Interest due Probat. Examiner, John Donaldson, Pay Gen. Officer, WM. SAYERS. £78 1 11 1/2. _ _ _ NORTHUMBERLAND COUNTY ss: Before William Montgomery, one of the Justices of the peace in said County, personally appeared William Sayers, above named, who being duly sworn, doth depose and say, that the above account of Seventy-Eight pounds one shilling and eleven pence halfpenny, is justly due him as above stated, and that he hath received no part thereof, or satisfaction thereof. WILLIAM SAYERS. Sworn and subscribed before me, this 5th day of May, 1790. WM. MONTGOMERY. <697> MISCELLANEOUS PAPERS. ACCOUNT OF ROBERT KING AGAINST THE STATE. _ _ _ To the Honourable the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met: The humble Petition of Robert King, of the County of Northumberland, respectfully sheweth: That your Honour's Petitioner, during the disputes between the Connecticut claimants for Lands in said County, and the people of Pennsylvania (previous to the late war), was at sundry times, on different emergencies called by the Justices and Sheriff of said County, to render them sundry services, which he cheerfully did, and was by them promised a reasonable compensation for the same, in pursuance of which your Petitioner applied to a former house of the Legislature; but at that time the matter was not taken up, since which he hath been informed that a State House of Assembly had taken up the matter and granted a compensation to sundry persons then applying to them. Your Petitioner being an inhabitant of the westward part of said County had not an opportunity of knowing of such application, and consequently not provided for by said act, and but lately informed thereof, and firmly relying on the justice of your Honourable House, humby begs leave to present his humble petition, accompanied with an account of his Expenditures and services duly attested. Hoping your Honours will be pleased to Consider the same and grant relief in the premises, and your Honour's petitioner will ever pray, &c., ROBERT KING. _ _ _ Commonwealth of Pennsylvania to Robert King, Dr. 1772. June 6. To taking Crook Jones, an inhabitant of Wyoming (he being a prisoner), from Fort Augusta to the Goal of Carlisle, by order of Sam'l Hunter and William McClay, Esquires. Distance, 73 miles, 0s 4d, £1 4 4 Cash pd. for hand Cuffs, 4 Cash pd. the Prisoner's Expenses, 3 days on the road, 7 6 Cash pd. my own and Prisoner's Expenses 2 days in Carlisle before the jailor would receive him, on account of a fracture in his scull, which he received at his being taken, the Doc's bill included, 1 <698> MISCELLANEOUS PAPERS. July 3. To Myself and Horse, 5 days, viz, from 3d to 7th, both days included, Collecting the inhabitants of Northumberland County, in order to apprehend a party from Wyoming (then assembled at Marcus Huling's on the West Branch of Susquehanna River), by order of Doc. Wm. Plunkett, Esq., 1 17 6 1775. Sep. 25. To sundry service rendered by order of Wm. Cook, Esq., Sheriff, against a party of Yankees assembled at Vrieland's Mill, viz, from 25th to 28th, both days included) this before Nov'r order, 1 10 Dec. 14. To a canoe lent Sam'l McClay, Esq., for public service (broke in the ice before returned), 1 10 Dec. 18. To a wagon, Horses and driver and finding the same for four days hauling amunition and stores from Northumberland to Fishing Creek, by order of Sam'l Hunter, Esq., 2 8 To my pay as a Lieutenant of Militia, under the command of Col. Wm. Plunkett, from Dec. 12, 1775, to Jan. 3, 1776, both days included, being twenty-three days, 7 13 4 1776. Jan. To hauling 21 loads of firewood, by order of Doc. Benj'n Allison, Esq., for the use of the men wounded at Wyoming and then under the care of Doc. Allison, 2 12 6 ________ £20 7 2 deduct not allowed, 6 13 4 _________ £13 3 10 Balance due Robert King, payable in a certificate bearing interest from Feb. 13, 1791, 7 13 4 ________ £5 10 6 ======= JOHN DONALDSON, Reg. Gen. Office, Feb. 24, 1791. <699> MISCELLANEOUS PAPERS. NORTHUMBERLAND COUNTY, ss: Before me, the subscriber, one of the Justices of the Common pleas in and for said County, personally came the within named Rob't King, who being duly sworn according to Law, doth say that the within services were done by him by order of the High Sheriff and Justices of the county aforesaid, with a promise of being rewarded for the same, and said deponent doth also say that he hath rec'd no pay or compensation for the same, and farther saith not. ROBERT KING. Sworn and subscribed before me this 27th day of August, 1790. J. L. McCOOK. - - - - - - - - DEPOSITION OF JOSEPH SHIPPEN, ESQ. _ _ _ [In the case of Vanhorne vs. Dorrance, was given in evidence the following deposition, which is valuable in connection with the "Controversy."] Joseph Shippen, Esquire, a witness, produced, sworn and examined on the part of the plaintiff, deposeth and saith, that he was at Wyoming in the fall of the year 1757, when he was a captain of the Provincials of the regiment called the Augusta regiment, first commanded by Colonel Clapham and afterwards by Colonel Burd; that he went with other officers and soldiers of the Provincials to the amount of about one hundred and fifty as a guard to John Howes, Edward Shippen and James Gailbraith, Esquires, commissioners appointed by Governor Denny, of Pennsylvania, a part of whose business was to build houses for Teedyuscung and other Indians at Wyoming (as deponent understood), and some houses were built; that at this time there were no white people there, nor anywhere above Augusta nor below that for about thirty miles, except one Armstrong's family at Fort Halifax, it being the time of war with the Indians; that deponent heard nothing at that time of any settlers from New England in that country, nor for some years after, deponent having marched with Forbe's army in 1758, with General Stanwix in 1759, and went to Europe in the spring 1760, from whence he returned in the fall of 1761; that the 9th of April, in the year 1771, the deponent was appointed by Governor John Penn, together with James Tilgh- <700> MISCELLANEOUS PAPERS. man and John Lukens, Esquires, to sell the proprietary lands at Wyoming, agreeably to certain instructions no shown to him, signed by the said John Penn, which business was effected by them at Easton, and report made by them agreeably to the papers, being a report signed by the said James Tilghman, the deponent, and John Lukens, and a list accompanying it, and also now shown to him, signed with their names, of which the deponent testifieth and saith that they contain the truth to the best of his knowledge. This deponent being examined on the part of the defendant, saith that he understood that Teedyuscung had expressly agreed with Governor Denny, at a treaty held at Easton, that houses should be built for him, and other Indians of the Delaware nation, at Wyoming, and that the houses above mentioned were built by the Commissioners in consequence of that treaty; that after the houses were built this deponent, with the guard, escorted the Commissioners to Fort Augusta, and left Teedyuscung in possession of them. JOSEPH SHIPPEN, JR. CITY OF PHILADELPHIA, ss: Sworn before me, this 23d April, 1793. MATTH. CLARKSON, Mayor. - - - - - - - - THE REPRESENTATION OF PARSHALL TERRY. _ _ _ [The following paper was also elicited in the case of Vanhorne vs. Dorrance, previously referred to.] The deposition of Parshall Terry, of Wyaloosing township, in the county of Luzerne, State of Pennsylvania. PHILADELPHIA, ss: On the 25th day of April, 1794, before me, James Biddle, Esquire, president of the courts of common pleas in the first district of Pennsylvania, came personally Parshall Terry, and being duly sworn, doth say that in the year 1762, he then being an inhabitant of Goshen, in the then province of New York, and he then also being a proprietor in the Connecticut Susquehanna purchase, being informed that the company of proprietors had granted two townships, ten miles square each, as a gratuity to the first two hundred settlers, they being proprietors (or in proportion to a less number), conditioned that said <701> MISCELLANEOUS PAPERS. settlers go on and remain in possession for the company for the term of five years; that as near as he can recollect some time about the last of August of the same year the deponent, with ninety-three others, mostly from Connecticut, went to Wyoming; that they carried on, and took with them horses and farming utensils for the purpose of carrying on the farming business; that he well recollects the names of a number who went on in company with him, whose names are as follows, viz: John Jenkins. Stephen Gardner. Samuel Richards. William Buck. David Garvin. Daniel Baldwin. Oliver Smith. John Comstock. Eliphalet Stephens. Abel Pierce. - - - Jewel. Augustin Hunt. Obadiah Gore, Junior. Ezra Dean. William Stevens. Daniel Gore. Daniel Lawrence. Ephraim Seely. Isaac Underwood. Ezekiel Pierce. David Honeywell. Isaac Bennet. Elkanah Fuller. Jonathan Weeks. James Atherton. Benjamin Ashley. Jonathan Weeks, Jr. Ebenezer Searls. Stephen Lee. Philip Weeks. Ephraim Tyler. - - - Hover. Uriah Stevens. Ephraim Tyler, Junior. Timothy Hollister. Gideon Lawrence. John Dorrance. Timothy Hollister, Jr. Silas Park. Timothy Smith. Isaac Hollister. Moses Kimbell. Jonathan Slocum. Thomas Marsh. Nathaniel Terry. Benjamin Tolles. Matthew Smith. Wright Smith. Benjamin Shoemaker. Benjamin Davis. Nathaniel Chapman. Simon Draper. George Minor. John Smith. Nathan Hurlbut. and Rev. Wm. Marsh, a Baptist preacher. The deponent saith that on their arrival at Wyoming they encamped at the mouth of Mill Creek, on the banks of the Susquehanna, where they built several huts for shelter; that they cut grass and made hay on Jacob's plains; that they were shortly after joined by many others; that their whole company on the ground were one hundred and fifty or upwards; that they continued on the ground, according to his best recollection about ten days; that the season being far ad- <702> MISCELLANEOUS PAPERS. vanced and finding that it would be difficult to procure provisions at so great a distance from any inhabited country, the committee of the settlers, viz: John Jenkins, John Smith and Stephen Gardner, thought proper and advised us to return, which was agreed to, and the greatest part of the company withdrew, the deponent being one; that a small number were left on the ground, who tarried some time longer, as the deponent understood. The deponent says that at the time they arrived at Wyoming there were not any inhabitants in that country to his knowledge except one, Teedyuscung, and Indian chief, and a number of Indian families. The deponent did not discover any apppearance of improvements being made by white people previous to the deponent and the company aforesaid going on the lands. The deponent further saith that at the time they withdrew they secured their farming utensils on the ground, to be ready for the spring following, as they expected to return at that time. He also saith that early in the month of May (as near as he can recollect), in the year 1763, he, the deponent, with a small number of others, went on to Wyoming to renew their possessions; that they were soon joined by a large number, being mostly those who had been on the preceding year; that they took on with them horses, oxen, cows and farming utensils; that they proceeded to plowing, planting corn and sowing grain of different kinds, building houses, fences and all kinds of farmer's business; that they made large improvements in Wilkes-Barre, Kingston, Plymouth and Hanover (as they are now called); that they improved several hundred acres of land with corn and other grain, and procured a large quantity of hay; that they carried on their business unmolested until the month of October; that during their residence at Wyoming this season, according to his best recollection, there were about one hundred and fifty settlers, who made improvements, though not so great a number on the ground at any one time; that he also well recollects lands being laid out and lotted on the Susquehanna river the same year, and that he, the deponent, drew a lot at that time in Wilkes-Barre (as it is now called); that on the 15th day of October, the settlers being in a scattered condition on their respective farms, they were attacked by the savages upon surprise in every part of their settlement, and all at or near the same time; that near twenty were killed of the settlers, the others taken and dispersed. The whole of the property of settlers then on the ground fell into the enemy's hands. The deponent recollects the names of several that were killed, viz: the Rev. William Marsh, Thomas Marsh, Timothy Hollister, Timothy Hollister, Junior, Na- <703> MISCELLANEOUS PAPERS. thaniel Hollister, Samuel Richards, Nathaniel Terry, Wright Smith, Daniel Baldwin and his wife, Jesse Wiggins and a woman by the name of Zeraiah Whitney. The deponent also recollects that Isaac Hollister, one Mr. Shepherd, and a son of Daniel Baldwin were taken prisoners, as he understood. Several others were killed, whose names he does not recollect. The deponent further saith that early in the year 1769 he was informed that the Connecticut-Susquehanna Company had resolved to renew their possessions at Wyoming; that they had granted one township of five miles square to the first forty that should go on and take possession, and four townships, five miles square each, to two hundred others that should also go on and take possession for the company, or in proportion to a less number, the said settlers to remain in possession for five years; that the deponent was admitted as one of the first forty; that he went, in company with more than one hundred others, some time the last of April or beginning of May; that upon their arrival at Wyoming they found near fifty of the Susquehanna Company, who had gone on early the same year. He was also informed that several had been taken by the Pennsylvanians and sent to Easton goal. The deponent further says they found one Amos Ogden, who it was said belonged to New Jersey, and about eight or ten others, in possession of a trading-house at Wilkes-Barre (as it is called), and at the same place where the deponent, and others of the Susquehanna Company, had built houses in the year 1763; that the said Ogden and his party had some small improvements on the lands where the deponent and others had improved in the aforesaid year 1763. The deponent further says that to the best of his recollection there were upwards of one thousand on the ground at Wyoming of the Susquehanna Company, in the year 1769, aforesaid, though he believes not more than three hundred at any one time; that they proceeded to improving their old possessions, and made large additions to their improvements; that they plowed and tilled several hundred acres of corn and other grain, built houses and repaired fences, in Wilkes-Barre, Kingston, Plymouth and Hanover, which towns were laid out and lotted, fenced, and carried on a large branch of farming business, peaceably and unmolested, until some time in June, the same year, when a Colonel Francis, said to belong to Philadelphia, accompanied with a large party of armed men, appeared at Wyoming, and drew near to our block-house at Wilkes-Barre, and demanded a possession of our houses and possessions, and threatened, in case of refusal, he, the said Francis, would set fire to our house and kill our people. After using <704> MISCELLANEOUS PAPERS. many threats, he, the said Francis, withdrew with his party. The deponent says the Connecticut settlers (as they were called) raised great quantities of grain of various kinds--several thousand bushels; that some time in the month of September, a small part of the settlers being at work at some distance from their block-houses, were attacked by a party of men, said to be commanded by the Ogden's; several of the settlers were beat and wounded; that some time in the month of November, as near as the deponent can recollect Ogden's party having increased to two hundred or more, as it was said, all armed. They erected a battery near our block-houses, in Wilkes-Barre, on which they mounted an iron cannon carrying a four-pound ball, and threatened us with immediate destruction unless we surrendered, whereupon an agreement was made between our committee, Stephen Gardner and John Smith, on the part of the Connecticut settlers, and Ogden's and others on the part of the Pennsylvanians, as they were called, whereby the Ogden's and others of their party were permitted to take possession of their block-houses and our possessions at Wyoming. Several of the settlers were sent to goal; some to Easton, some to Philadelphia. The rest of the settlers were dispersed, except about fourteen, who were permitted to tarry on the ground to take care of our cattle, horses, and other effects, which in the agreement were to be restored to us; however, to the best of this deponent's knowledge, neither the deponent, nor any of the Connecticut settlers, had any of their property restored to them, or any compensation therefor, except a small number of cattle, which the settlers found on their returning to the ground the next spring following. The property aforesaid was destroyed and taken off, as it was said by Ogden's and their party. The deponent further says that on or about the 1st day of April, 1770, he, the deponent, with a large party of the old setlers returned to Wyoming, and removed on many families, and recovered their old possessions; that they found the fourteen Connecticut settlers, which were left in the fall preceding, still in possession of a small fort at Wilkes-Barre. The Ogden's also, and a small party, were also in possession of a garrison; that soon after our arrival a small party of our people were fired upon by Ogden's party. One of the Connecticut settlers was killed, by the name of Stager; that the Connecticut settlers were soon increased to two hundred or upwards, and proceeded to make large improvements on their old farms, with large additions thereto; that they were peaceable and unmolested for a number of months until some time in September, when the Ogden's and others, having collected a large re-inforcement from New Jer- <705> MISCELLANEOUS PAPERS. sey and Pennsylvania, as it was said, they made an attack upon our settlers in their houses at Wilkes-Barre, in the night season, and wounded a number of our people, and took the whole of them prisoners; that the next morning following the Ogden's and their party appeared at Kingston, surrounded our people in their houses, and demanded a surrender of our possessions. This was complied with by the committee on the part of the settlers, that among other things seventeen of the settlers were permitted to remain on the ground with their families, the deponent being one that was allowed this indulgence; that all the settlers, except the seventeen aforesaid, were plundered of all their property by the Pennsylvania party; that in the month of December, the same year, a small party of the old settlers, under the command of Captain Lazarus Stewart, came on to the ground and took Ogden and his party prisoners, and retook the possession of the country; that Ogden and his party were shortly afterward dismissed and dispersed. The deponent further says that in January, 1771, the Ogden's appeared again on the ground with a large party of about one hundred and fifty, as was said, accompanied with one Kechlin, a sheriff, as he was called. They surrounded our block-houses and demanded a surrender, which was refused by our party. They commenced a heavy fire upon us. They were ordered to withdraw, but still crowded upon us. The fire was returned from our block-houses. Nathan Ogden was killed. The party then withdrew. That the evening following Captain Stewart, and a small party with him, retired and left the deponent, and about ten or twelve others, with their families; that the next morning following the deponent and the others, about ten or twelve, as aforesaid, were all taken prisoners by Charles Stewart and others; robbed of all our property; our families drove off. The deponent, and the others taken with him, were sent under a guard to Easton. The deponent, and three others, were confined in Easton goal, and the others were sent to Philadelphia goal, as was said. The deponent, about six weeks after, broke goal and made his escape, and went to Goshen, in the State of New York; that some time in the month of July, 1771, the deponent again joined a party, mostly of the old Wyoming settlers, under the command of Captain Zebulon Butler and Lazarus Stewart, and repaired to Wyoming. Were shortly after reinforced to the number, as near as he can recollect, of about one hundred in the whole; that on their arrival at Wyoming they found the Pennsylvanians in possession of a garrison, commanded by a Colonel Asher Clayton, as was said, with about fifty men, 45-VOL. XVIII. <706> MISCELLANEOUS PAPERS. armed; their garrison mounted a cannon carrying a four-pound shot; that Butler and Stewart, with their party, the deponent being one, soon laid siege to the garrison; that not having any artillery they made several wooden cannon; that the siege continued twenty-six days, until the 15th day of August, when articles of agreement were entered into between Captains Stewart and Butler, and others, on the part of the Connecticut settlers, and Colonel Clayton, and others, on the part of the Pennsylvania claimants. The garrison was given up to the Connecticut party. The families that were in the garrison with Colonel Clayton were permitted to tarry on the ground about two weeks, and to take off all their property, to the best recollection of the deponent; that the Connecticut settlers went into full possession of their lands and former improvements, and were increasing and extending their settlements for a number of years; that in the year 1775, that in the month of December, a party from Northumberland and elsewhere, under the command of a Colonel Plunket, as it was said, made an attempt to enter Wyoming in an hostile manner, but were defeated by the Wyoming or Westmoreland militia under the command of Colonels Butler and Denison; that the settlements were increasing until the 3d day of July, 1778, when Colonel John Butler, with a party of savages and tories, entered Wyoming, defeated the militia, killed more than two hundred men, to the best of the deponent's knowledge, drove off the surviving inhabitants, and burned, plundered, and otherwise destroyed the greatest part of their houses and other effects; that some time early in the month of August, the same year, Colonels Zebulon Butler and Denison, with a small party of the surviving inhabitants returned to Wyoming, the deponent being one. They retook possession of the country; that a number of families returned to Wyoming, the same year, and were increasing a number of years, although obliged to live in a garrison to defend themselves against the savages, as they were repeatedly harassed by the Indians during the late war. Numbers of the inhabitants were killed and captured, and the survivors repeatedly sustained losses of property by the frequent incursions of the enemy. The deponent further says, that in the month of May, 1784, one hundred and fifty families, or more, of the inhabitants, the deponent being one, were again dispossessed, disarmed, robbed of their property, and drove from Wyoming, at the point of the bayonet, in a barbarous manner, by the Pennsylvania troops, and other Pennsylvania claimants, under the command of Major James Moore, Alexander Patterson and others; that the inhabitants who were drove off regained their possession <707> MISCELLANEOUS PAPERS. near the close of the same year, and have since been increasing; that he, the deponent, believes there are now residing in the county of Luzerne, as Connecticut claimants, near ten thousand souls; and further, the deponent saith that at the time he went on to the Susquehanna lands, in the year 1762, he supposed the same to be clearly within the jurisdiction of Connecticut, and that he did not at that time, nor for several years after, to his knowledge, know or hear of any other purchase being made of the Wyoming lands, except that of the Connecticut-Susquehanna Company. Upon being cross-examined, the deponent saith, when he first went to Wyoming, Teedyuscung, and the Indians, inhabited log houses, but whether they were built for them by the Governor of Pennsylvania the deponent does not know; that Timothy Hollister laid out the lots in the year the Indians cut off the settlers the first time; that the said Timothy Hollister was a surveyor from Connecticut, employed by the Susquehanna Company; that about the middle of August the deponent left the settlement on a visit to his family in New York State, and returned on the 8th of October. On the day after the attack on the settlement, the deponent having made his escape to Colonel Stroud's, on the Delaware, he, the deponent, was informed by Eliphilet Stephens and William Stephens, who made their escape, that they had been warned off by Bill Chilloway, an Indian, previous to the attack, and that unless they did move off or build a block-house, and fortify themselves, that they would certainly be cut off; that the deponent was not of the party who quarreled in September, and the deponent does not know whether that party went to Philip Johnson's house to destroy it, as he was in the garrison at Wilkes-Barre during the whole time the party was out; that the deponent does not know any one person who took anything from himself during the time that the fourteen men had leave to tarry; that he left all his effects behind him, and went into the country; that he was not present at the time Stager was killed, and does not know whether he was armed or not. The deponent does not know who plundered the settlers on taking the Forty Fort, nor that there was any plundering, but that he saw plundering the next day at Wilkes-Barre, and from that time till the 25th of December following; that he does not know who killed Ogden, but his belief is that John McDonald killed him; that he does not know whether Charles Stewart robbed any of the settlers; that Major Moore commanded the troops in the garrison at the time the people were removed; that he saw Major Moore commanding troops at that time, and that the deponent was ordered off by the troops <708> MISCELLANEOUS PAPERS. under his command; that at the time he, the deponent, was at Wyoming, in the year 1769, with Major Durkee, he did not know of Governor Penn's purchase of the Indians at Fort Stanwix, and was never informed of it until several of the Connecticut people were taken to goal, which was after his return; that he, the deponent, was sent to goal on a charge for committing a riot at Wyoming, but never indicted by a grand jury to the best of his knowledge. The deponent further says that Captain Amos Ogden, Nathan Ogden, and John Dick, appeared in command, but he did not see them plunder anything; but deponent saw David Ogden often take the cattle of the Connecticut people and kill them, and likewise Robert Duche, William Sims, Martin Tid, and John Tid, Benjamin Looze, and a number of others, twenty at a time, would drive up our cattle and take them. PARSHALL TERRY. Sworn before me, JAMES BIDDLE - - - - - - - - THE INTRUSION LAW OF 1795. _ _ _ An act to prevent intrusion on lands within the counties of Northampton, Northumberland and Luzerne. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That if any person shall, after the passing of this act, take possession of, enter, intrude, or settle on any lands, within the limits of the counties of Northampton, Northumberland, or Luzerne, by virtue or under color of any conveyance of half share right, or any other pretended title, not derived from the authority of this Commonwealth, or of the late proprietaries of Pennsylvania before the revolution, such person, upon being duly convicted thereof, upon indictment in any court of oyer and terminer, or court of general quarter sessions, to be held in the proper county, shall forfeit any pay the sum of two hundred dollars, one half to the use of the county, and the other half to the use of the informer; and shall, also, be subject to such imprisonment, not exceeding twelve months, as the court, before whom such conviction is had, may, in their discretion, direct. <709> MISCELLANEOUS PAPERS. SECTION 2. And be it further enacted by the authority aforesaid, That every person who shall combine or conspire for the purpose of conveying, possessing, or settling on any lands within the limits aforesaid, under any half share right, or pretended title as aforesaid, or for the purpose of laying out townships, by persons not appointed or acknowledged by the laws of this Commonwealth, and every person that shall be accessory thereto, before or after the fact, shall, for every such offense, forfeit and pay a sum not less than five hundred nor more than one thousand dollars, one half to the use of the county, and the other half to the use of the informer, and shall, also, be subject to such imprisonment, at hard labor, not exceeding eighteen months, as the court, in their discretion, may direct. SECTION 3. And be it further enacted by the authority aforesaid, That the court wherein any such conviction shall have been had shall issue their writ to the sheriff of the county, wherein the said offense has been committed, or the said conviction had, or if the said court shall be of opinion that the sheriff or coroner are not impartial, then to any other person or persons they may think proper, commanding him or them together with the power of the county, if he or they should judge their assistance necessary, to proceed to the lands in question, and therefrom to eject and expel all and every person or persons thereon intruded as aforesaid; and if the said sheriff, or person or persons appointed as aforesaid should make return to the said writ, that he or they have been unable to execute the same, by reason of the forcible resistance of the parties, or any other persons, or from a just apprehension of such resistance as would render the execution thereof by himself or themselves, and the power of the county impracticable, the Prothonotary of the court to which such writ is so returned shall forthwith transmit a copy of the said writ and returns, under the seal of the said court, to the Governor, and if, upon the said return, or if, upon a certificate signed by the President, or one of the judges of the court of common pleas of the proper county, or by one of the judges of the supreme court, that the process of the court has been resisted, or that there is reason to believe that the civil authority will be incompetent to the execution of this law, the Governor shall deem it expedient to order out a portion of the Militia of this State to assist the civil authority in carrying into effect this Act, or any part thereof, the detachments so called out shall receive the same pay and rations, and be subject to the same rules and regulations, as are provided in other cases. SECTION 4. And be it further enacted by the authority afore- <710> MISCELLANEOUS PAPERS. said, That if a Judge of the Court of Quarter Sessions for the proper counties, or a judge of the Supreme Court, shall apprehend that the Sheriff and Coroner are not impartial, it shall and may be lawful for the said Judge to direct the venire of the grand inquest, and for the traverse Jury, and to any person or persons he or they may think proper. SECTION 5. And be it further enacted by the authority aforesaid, That if any person or persons shall resist any officer, or other person duly authorized, in the execution of this act, or any part thereof, every person or persons so offending, and every person that shall be accessory thereto, before or after the fact, shall, on conviction, forfeit and pay a sum not more than five thousand nor less than five hundred dollars, and undergo an imprisonment, at hard labor, for any period not less than three, nor more than seven years. SECTION 6. And be it further enacted by the authority aforesaid, That in order to disseminate a knowledge of the provisions contained in this Act, it shall be the duty of the Prothonotaries of the several courts of Common Pleas of the counties of Northampton, Northumberland, and Luzerne, and they are hereby respectively enjoined and required, to read, or cause to be read in open court, the said Act, and every part thereof, at least one in each of the three terms next after receiving the same; and also it shall and may be lawful for the Governor of this Commonwealth to issue his proclamation, enjoining and requiring all persons having intruded as aforesaid, to withdraw peaceably from the lands whereon such intrusions have been made; and further enjoining and requiring the several officers of Government, and the good citizens of this State, to prevent or prosecute, by all legal means, such intrusions and intruders, and to afford their most prompt and effectual aid, in their several and respective capacities, to carry into full execution the laws of this commonwealth relative thereto; Provided always, That nothing in this act contained shall extend to the claims of persons claiming lands under and by virtue of an Act, entitled "An Act for ascertaining and confirming to certain persons, called Connecticut claimants, the lands claimed by them within the County of Luzerne, and for other purposes therein mentioned," passed the twenty-eighth day of March, one thousand seven hundred and eighty seven; And provided further, That this act, or anything therein expressed shall not be considered as intended to affect any claims under the said law nor as a legislative construction or opinion respecting said Act, or an Act, entitled "An Act to repeal an Act, entitled -An act for ascertaining and confirming to certain persons, called Connecticut Claimants, the lands by them <711> MISCELLANEOUS PAPERS. claimed within the County of Luzerne, and for other purposes therein mentioned,'" passed the first day of April, one thousand seven hundred and ninety, or the validity or effect of either of the said laws. GEORGE LATIMER, Speaker of the house of Representatives. ROBERT HARE, Speaker of the Senate. Approved April 11, 1795, THOMAS MIFFLIN, Governor of the Commonwealth of Pennsylvania. _ _ _ Vote on the Intrusion Law. Yeas. Benjamin R. Morgan, City of Philadelphia. Jacob Hiltzheimer, City of Philadelphia. Francis Gurney, City of Philadelphia. Lawrence Seckel, City of Philadelphia. Robert Waln, City of Philadelphia. Thomas Forrest, County of Philadelphia. Joseph Magoffin, County of Philadelphia. Thomas Paul, County of Philadelphia. Thomas Britton, County of Philadelphia. Thomas Bull, County of Chester. Roger Kirk, County of Chester. Joseph Pierce, County of Chester. Robert Frazer, County of Chester. Thomas Boude, County of Lancaster. Matthias Barton, County of Lancaster. Daniel Buckley, County of Lancaster. John Eckman, County of Lancaster. Boice Clark, County of Lancaster. Philip Gartner, County of York. Alexander Turner, County of York. Thomas Campbell, County of York. John Stewart, County of York. William McPherson, County of York. John Spayd, County of Berks. Stephen Balliett, County of Northampton. George Hughes, County of Northumberland. Benjamin Lodge, County of Westmoreland. Michael Pugh, County of Westmoreland. William Henderson, County of Franklin. Isaiah Davis, County of Montgomery. <712> MISCELLANEOUS PAPERS. Jacob Weirick, County of Dauphin. David McMurtie, County of Huntingdon. Presley Neville, County of Allegheny. Dunning McNair, County of Allegheny. Nays. Richard Tittermary, County of Philadelphia. John Ross, County of Chester. James Kelly, County of York. Jacob Crever, County of Cumberland. John Montgomery, County of Cumberland. Charles Shoemaker, County of Berks. John Christ, County of Berks. Baltzer Gehr, County of Berks. George Graff, County of Northampton. Abraham Bauchman, County of Northampton. John Moore, County of Bedford. Jacob Nagle, County of Bedford. William Patterson, County of Bedford. Flavel Roan, County of Northumberland. Jacob Fullmer, County of Northumberland. George Smith, County of Westmoreland. William Wallace, County of Washington. Craig Ritchie, County of Washington. James Brice, County of Washington. Benjamin White, County of Washington. John Cunningham, County of Fayette. Daniel Royer, County of Franklin. Cadwallader Evans, County of Montgomery. Christian King, County of Dauphin. Benjamin Carpenter, County of Luzerne. William Sterrett, County of Mifflin. James McFarlane, County of Mifflin. - - - - - - - - CHARLES STEWART TO THE SECRETARY. _ _ _ COURT HOUSE, PHILADELPHIA, April 25, 1795. SIR: The council for the Yankys, as they call themselves, have declared that tho' the assembly resolved, that lands should be granted on easy terms to some of the suffering persons amongst them, Yet it had not been done. The minutes <713> MISCELLANEOUS PAPERS. you gave me yesterday mentioned a number of names as persons entitled to that Bounty, and the Draught of Jo Hagerman's, under the seal of the Surveyor General's office, I thought would fully refute this unfounded assertion; but it still is in existence, therefore am under the necessity of once more troubling you on this head, requesting you will look over the resolution and giving, in the way in which you think most proper, an authenticated copy of the orders of survey. That obtained from your office can be further testified by the Surveyor General, so as to prove not only the Grant from the State, but your order of survey and the return as filed in the Surveyor General's Office. As this transaction is a little out of the usual way you will much oblige me to advert to it and thereby put it in my power to shew truth in its proper colour. I have sent you the minutes which pointed to this affair, etc. I am, with very great regard, Sir, your most obe'd servant, CHAS. STEWART. - - - - - - - - MEMORIAL OF INHABITANTS OF LUZERNE. _ _ _ Complaint of Irregularities at the Last General Election of Representatives, etc., in the County of Luzerne, March, 1796. TO THOMAS MIFLIN, Esqr.: We, the subscribers, Inhabitants of the County of Luzerne, would Respectfully represent that we conceive very unwarrantable measures have been taken at our late general Election for the appointment of a Representative in the General Assembly, Sheriff, Coroner, etc. By the Law which regulates the general Election of this Commonwealth (section 24th), it is Declared, "that the Judges of the Election shall make out, under there hand and seal, a fair state and certifycates of the number of votes which shall have been then and there given for each Candidate, which number shall be expressed in word at length, and not in figures only." But notwithstanding the word of this section, we are authorised to declare that the Judges of two of the Districts in this County, viz: Wilkesbury and Wyalusing District, when the Judges met at the County Court House to Count over there votes, made there Returns in figures and not in words; and further, that the Wilkesbury Return, after the Judges met at the Court house, was altered from figures to word by one of the Clarks of the Election. We <714> MISCELLANEOUS PAPERS. are further authorised to declare that the Judges of the Districts of Kingston and Salem, for Reasons best known to thimselves, at the general meeting of the Judges of the other Districts, made no returns of the votes taken in there Districts. When any man is set up as a Candidate for office, we wish him to have the fair votes and sufrage of the People; but whin the Law regulating Elections is violated, whin Intrigues, fraud and corruption is the Characterstick of the Judges and others Concerned in the Election, we think it our duty, as good Citizens of this Commonwealth, to make true Statement of facts and let the propriety and legality of the Election be discussed and Determined before a proper and Legal Tribunal. Reuben Jones. Daniel Holley. John Cortright. Richard Westbrook. Nathan Craper. Thomas Joshlen. Henry Courtright. John Virmedy, Jun. John Kennedy. Stephen Gardner. John Benedict. Charles Abbott. Stephen Abbott. Jonah Rogers, Ju. Isaac Benjamin. Allen Volsis. William Lamb. John Allen. James Bagby. James Abbit. Wyllys Hyde. William Carneg. Oliver Pettebone. James Connor. Elisha Atherton. Aaron Dean. Danl. Cook. Darius Williams. Waterman Baldwin. Nath. Giddings. Elisha Bell. Benjn. Smith. Rogers Searle. Arch. Bower. William Miller. Thos. Smith. Asa Dimock. Constant Searle. Ishmael Bennet. William Miller. Abr. Vanfleet. James Brown, the Clerk. Silvanus Travis. James Hallstead. John Hallsted. Isaac Miles. Diodat Smith. David Dimock. Samuel Miller. John Davidson. Joshua Padrick. James Brown, Tailor. Elijah Silsbe. David Brown. Samuel Miller. Wm. Searle. Reuben Taylor. Solomon Millard. Ezekiel Goble. Josiah Ives, Jr. John Gore. Wilmot Munsson. Joseph Tuttle. Henry Allyn. David Perkins. John Chambres. Henry Hutchings. Daniel Gore. <715> MISCELLANEOUS PAPERS. THE COMPROMISE ACT OF 1799. _ _ _ An act for offering compensation to the Pennsylvania claimants of certain lands within the seventeen townships in the county of Luzerne and for other purposes therein mentioned. SECTION 1. Be it enacted, etc., That Isaac Whelen, of Chester county; Thomas Boude, of Lancaster county; and General William Irvine, of Cumberland county, be, and they are hereby appointed commissioners, whose duty it shall be to carefully examine and ascertain quantity, quality and situation of all lands lying within what have been commonly called and known BY THE NAME OF THE SEVENTEEN TOWNSHIPS IN THE COUNTY OF LUZERNE, held or claimed under a Pennsylvania title, under a patent, or a location, or warrant before the decree of Trenton, by which the right of jurisdiction was declared to be in Pennsylvania, on which a survey has been executed and returned agreeably to law, and to divide the same, according to their value, into four classes, distinguished by the name of the first, second, third and fourth class, the first class to contain the lands of the greatest value, and the second third and fourth classes those of inferior value, preserving a due proportion between each, and shall adjudge what sum per acre each Pennsylvania claimant shall receive, not exceeding the rates hereinafter mentioned: Provided always, That nothing herein contained shall authorize the said commissioners to proceed to the performance of the duties enjoined upon them by this act, until persons claiming land to the extent of forty thousand acres under grants made by Pennsylvania, shall have conveyed and released the same to the State by deeds, duly executed, and filed in the land office, for the purpose and for the considerations expressed in this act, and until persons, commonly called Connecticut settlers, claiming land to the extent as aforesaid, shall have signified in writing, under their hands and seals, duly executed in the presence of two witnesses, and filed in the land office, that they will submit to and abide by the determination of the said commissioners; And provided, That if part of the said land, but not to the extent aforesaid, shall have been released, or if the Connecticut claimants, to the extent aforesaid, should not make their submissions according to the provisions herein contained, then such releases as shall have been made by Pennsylvania claimants, as aforesaid, shall be null and void, and the property <716> MISCELLANEOUS PAPERS. which shall have been so, as aforesaid, released, shall vest and be held in the same manner as if this act had not been passed; Provided also, That the lines of the respective tracts of lands, so, as aforesaid, submitted to the examination of the commissioners, shall be the same as those bounding the original grants, and that the said commissioners shall not examine any lands but those which the Pennsylvania claimants shall have agreed, as aforesaid, to submit to their examination. SECTION 2. And be it further enacted by the authority aforesaid, That to such of the aforesaid Pennsylvania claimants having title, as aforesaid, to lands within either of the said classes, who shall comply with the conditions of this act, such compensation shall be made as the said commissioners shall award, not exceeding rates hereinafter set forth, in certificates, to be issued as hereinafter directed, transferable and bearing interest, receivable as specie in payments to be made at the Land Office, that is to say: to those whose lands shall be in the first class a sum not exceeding five dollars an acre; to those whose lands shall be in the second class a sum not exceeding three dollars an acre; to those whose lands shall be in the third class a sum not exceeding one dollar and fifty cents an acre; and to those whose lands shall be in the fourth class a sum not exceeding twenty-five cents an acre; Provided always, that nothing in this act contained shall be construed to direct or empower the said commissioners to include the whole or any one original survey in any one class, unless in their opinion the quality of the whole tract will justify it, not that they shall fix the price of each tract included in the same class at any price per acre, unless in their opinion such tracts should be of equal value, but that the rate per acre of the several tracts arranged in the same class shall be according to their relative value. SECTION 3. And be it further enacted by the authority aforesaid, That every Pennsylvania Claimant who shall have conveyed and released to the Commonwealth a regular title, as specified in this act, shall, on application to the Board of Property, be entitled to receive a ticket directed to the Comptroller-General, stating the number of acres so released and conveyed to the Commonwealth, and the class to which the said belongs, and also certifying the amount awarded by the commissioners in favour of such Pennsylvania Claimant, and the balance of principal and interest due from such Pennsylvania Claimant to the Commonwealth, on account of the original purchase money of such tract or tracts, which shall be submitted to the Register-General and the Comptroller-General to issue and deliver to such claimant one or more certificates <717> MISCELLANEOUS PAPERS. of the nature herein before specified, for the sum to which his compensation shall amount after having deducted the principal and interest so due to the Commonwealth, and the said Comptroller-General is hereby authorized and directed to issue such certificate or certificates accordingly, and to alter or renew such certificates so as to accommodate payments at the Land Office; and all public money which shall come to the hands of the Receiver-General is hereby appropriated to the payment of the said certificates; and in case of disputes between Pennsylvania claimants before the issuing of the certificates in pursuance of this act, such disputes shall be decided by the Board of Property, according to the general usage; Provided, That their decision shall not prevent the party against whom it is made from prosecuting his claim in the courts of law as usual; and in case of an appeal from the decision of the Board of Property, the certificates shall not issue until the dispute shall be decided. SECTION 4. And be it further enacted by the authority aforesaid, That no Pennsylvania Claimant shall be entitled to compensation under this act who shall not make application to the Board of Property for that purpose within six months from the passing of this act, Provided, That if such claimant shall, at the time of passing this act, be a feme-Covert, under the age of twenty-one years, or out of the United States, one year shall be allowed for making such application from the time such claimant shall cease to be a feme-Covert, arrive at the age of twenty-one years, or return to some part of the United States. SECTION 5. And be it further enacted by the authority aforesaid, That it shall be the duty of the said commissioners also to ascertain all the rights or lots within the said seventeen townships, which were occupied or acquired by Connecticut claimants, who were actually settlers there at or before the said decree at Trenton, and which rights or lots were particularly assigned to the said settlers prior to the said decree, agreeably to the regulations then in force among them, and to divide the said rights or lots into four classes, to be distinguished in the manner herein before mentioned, according to their respective value, taking into consideration both the quality and situation, and make out certificates therefor, with a draft of the survey thereto annexed; and in case the said original settlers, their heirs or assigns, shall make application to the Land Office at any time before the first day of January, in the year of our Lord one thousand eight hundred and one, and agree to pay to the Commonwealth, by eight equal annual installments, at the rate of two dollars per acre for lands of the <718> MISCELLANEOUS PAPERS. first class; at the rate of one dollar and twenty cents per acre for lands of the second class; at the rate of fifty cents per acre for lands of the third class; and at the rate of eight and one-third cents per acre for lands of the fourth class; with interest upon each installment till the same is paid; whereupon patents for lands so certified shall be issued from the proper office, paying the legal fees for such patents, and also the surveying fees: Provided nevertheless, and it is hereby expressly ordered, That no patents shall issue to affect any lands, the titles whereof shall be in any person or persons claiming under Pennsylvania, until such person or persons have conveyed their title to the Commonwealth: And provided also, That the lands to be granted to any Connecticut claimants by virtue of this act, shall be mortgaged by such claimant or claimants, for the payment of the principal and interest of the aforesaid installments due to the Commonwealth as aforesaid. SECTION 6. And be it further enacted by the authority aforesaid, That in case any lands shall be conveyed to the Commonwealth by the aforesaid Pennsylvania claimants, for which no application shall be made in the manner hereinbefore directed by Connecticut claimants on or before the first of January, in the year one thousand eight hundred and one, it shall be lawful for the Governor, and he is hereby required to order such lands to be sold at public auction in the city of Philadelphia, giving six months notice of such sale in one or more of the newspapers of the said city, provided, the same shall not be sold at a less price than that at which the State has by this act directed it to be offered to the Connecticut claimants; and in case any of the land so exposed to sale should sell for the sum for which it was offered to the Connecticut claimants; then, in such case, it shall be the duty of the Attorney-General immediately thereafter to cause legal process to be issued for dispossessing every such person of the land so claimed, and not sold by the Commonwealth, excepting in the case of minors under twenty-one years of age, and persons beyond the sea, who shall be allowed a further time of one year from the time the land claimed by them was exposed to sale as aforesaid, by themselves, guardians or attorneys, to make their application and comply with the terms of this act. SECTION 7. And be it further enacted by the authority aforesaid, That each person claiming the provisions of this act shall, prior to the commissioners classing and valuing such persons and by virtue of this act, make oath or affirmation (which oath or affirmation either of the said commissioners is hereby authorized to administer) "that he or she does not claim title under a joint right of the Pennsylvania claimants and of the <719> MISCELLANEOUS PAPERS. Connecticut settlers, but that he or she holds exclusively under one or the other of the aforesaid rights, and that he or she has not directly or indirectly done or caused to be done any act or thing to destroy or conceal such joint title, with a view of coming within the provisions of this act;" and if it shall appear that any person claiming the provisions of this act holds by such joint title, or that such joint title has been destroyed or concealed with the view aforesaid, then in that case such lands shall not be within the provisions of this act. SECTION 8. And be it further enacted by the authority aforesaid, That each of the said commissioners, before he acts, shall take an oath or affirmation before some Judge or Justice of the Peace "that he will diligently, faithfully and impartially discharge the duties assigned him by this act," and in case either of the said commissioners shall die, or refuse or become incapable to act, the Governor shall appoint a person to supply his place, and all acts by a majority of the said commissioners shall be as valid as if they had all joined therein. SECTION 9. And be it further enacted by the authority aforesaid, That the said commissioners shall keep a regular account of their proceedings in a book, which shall be deposited by them in the Office of the Secretary of the Land Office, and they may appoint a clerk, who shall be sworn or affirmed before them faithfully to register all their proceedings in pursuance of this act, and they may appoint a surveyor or surveyors and employ chain carriers and markers for the purpose of such surveys as they shall judge necessary, and the said surveyors, chain carriers and markers shall be sworn before a justice of the Peace or one of the commissioners, faithfully to perform their respective duties, and shall receive a reasonable compensation for their services, to be fixed by the said commissioners, and paid by the Commonwealth, and all surveys made by direction of the said commissioners shall be by them returned to the Office of the Surveyor General. SECTION 10. And be it further enacted by the authority aforesaid, That there shall be allowed and paid out of the public Treasury to each of the said commissioners three dollars and fifty cents per day, and to their clerk three dollars per day, for each day that they shall be respectively employed in performing the duty required by this act. SECTION 11. And be it further enacted by the authority aforesaid, That in cases of dispute between the Connecticut claimants, they may elect to have the same decided by the said commissioners, or appear before such decision, to the court of Common Pleas of the proper county, and a certificate from the clerk of such commissioners or from the Prothonotary of such <720> MISCELLANEOUS PAPERS. Court of Common Pleas, before which tribunal such decision may be had, certifying in whose favour the same is adjudged, shall be good evidence to obtain a patent from the proper office aforesaid. Passed April 4, 1799. - - - - - - - - ALEXANDER HUNTER TO THOMAS GRANT. _ _ _ SUNBURY, September 22, 1799. DEAR SIR: As you informed in your last the time for Pennsylvania Claimants Releasing their Lands at Wyoming to the State would expire on the last of this month I have, by Mr. Vaughan, forwarded you a Release of ours in the Seventeen Townships, save one tract in dispute with Samuel Wallace, in the name of Wm. Hendricks, nearly opposite the mouth of Wapwallaping, which Draft or a Copy you will oblige me by bringing from the office. Captain Cook insists the time does not expire before the last of December; but lest we should be mistaken I have sent in time, Depending on you to Present it at the proper office. Your folks are all well. We have had a very wet spell and the River rising fast. Nothing new here. People Healthy. I am with Respect, Yours Sincerely, ALEX. HUNTER. THOMAS GRANT, Esq. [Endorsed] Thomas Grant, Esquire, now at Lancaster, by Mr. Vaughan. - - - - - - - - PETITION IN BEHALF OF THE INHABITANTS OF NEWPORT, LUZERNE COUNTY. _ _ _ To the Honorable the Legislature of the Commonwealth of Pennsylvania the Petition of Jonathan Smith and Jonathan Kellogg, agents for the Inhabitants of Newport, in the County of Luzerne, most respectfully sheweth: That the said Inhabitants occupy a Township within the provisions of the Act of Assembly passed the 4th of April, 1799, entitled an act "offering compensation to the Pennsylvania Claimants for Lands by them claimed in what are called the <721> MISCELLANEOUS PAPERS. 17 Townships in the County of Luzerne, and for other purposes therein mentioned." That in laying out said Township of Newport, as well in laying all others of the Seventeen, with views to support a preached Gospel and educate the Children in said Township, and conformably to a positive ordinance among the Rules of settlement in the Regulations of the Susquehanna Company, these Rights, so called, containing Nine hundred acres, were set apart and sequestered. The first three hundred acres was to vest in the first settled Clergyman in the Township, the second three hundred acres to his use during his ministry, and the third three hundred acres to the use of Schools by dividing the Rent annually, according to the number of schools which might be instituted and kept up in said Township. That the original design then, in reserving said nine hundred acres in said Township, being apparent to diffuse useful knowledge, which is so essential to the preservation of those blessings we daily participate in our free government, and that the said provision, so far as it respects the School, corresponds so substantially with a most important provision contained in the Constitution of our State in erecting Seminaries and schools that the Poor may be taught gratis, that your Petitioners feel a confidence in praying your Honorable body, to grant in Trust to your Petitioners the aforesaid Nine hundred acres of Land to the use of the Inhabitants of said Township for the purposes before recited, without advancing or securing the payment of any money, and without which no Individual, as a Connecticut settler, by the Terms of the act aforesaid, for his Individual claim to lands in said Township to a title can succeed. And your Petitioners as in duty, &c. JONATHAN SMITH, JONATHAN KELLOGG. Dec'm'b. 30, 1799. - - - - - - - - TENCH COXE TO GOVERNOR McKEAN. _ _ _ LAND OFFICE, January 31, 1800. SIR: I have the honor to submit to your inspection a Copy of the application N. 1 of Moses Atherton, a Connecticut claimant, which, with many others, were entered in the Land Office on or before the 21st instant. Altho' applications have been made for the quantity of 40,000 Acres (and more), required by 46-VOL. XVIII. <722> MISCELLANEOUS PAPERS. the law to give it effect, an official report thereof is delayed on account of information received, that a number more will arrive by mail in a very short time. This paper is transmitted, Sir, merely for the purpose of exhibiting the form in which the Connecticut Claimants have executed their instruments of application and submission. Considering the antecedent circumstances of the Connecticut pretensions and intrusions upon Pennsylvania, it is respectfully conceived, that every reasonable caution and scrutiny should be applied to their instruments and proceedings under the Act of April 4, 1799. There are yet eleven months to correct errors and imperfections, as the time allowed for Connecticut applications and submissions ends with the year 1800, tho' the releases from the Pennsylvanians could not be received after the fourth day of October 1, 1799. tho' the following remarks may be in part at least, on points not essential, I beg permission to submit them entire to your perusal. You will perceive, Sir, that the recital from line 1 to line 5 is unskillfully drawn, and that its precise intention is not clear. By leaving out the word "by," in the first line, it would have been more intelligible; but it is probable it may not be held materially exceptionable in its present form. In the 2d recital, line 7, the instrument describes the persons intended by the Act, as "persons called Connecticut Settlers." The 5th Sec. of the Act of April 4, 1799, uses these words, "original settlers, their heirs and assigns," with reference back to them, in the former part of the section, as Connecticut claimants who were actual settlers at or before the time of the decree at Trenton, on lots particularly assigned to them (the said settlers), before the said decree, agreeably to the regulations then in force among them. It is true, however, that the part of the instrument now under notice, is only preliminary recital, and not the essential part of the Act or Deed of application and submission. It is also true that the first Section in the provisos is in the terms of this Act of submission. It relates, however, to the powers of the Commissioners to proceed, and not to the obligations of the claimants. In the 12th and 13th lines, Moses Atherton, the applicant, only stiles himself "a Connecticut settler claiming lands in the seventeen Townships." He does not say he was an actual settler at or before the decree of Trenton, nor an heir, nor an assign of such a settler, nor an original settler. Neither does he say that the lands he claims were particularly assigned to him or his predecessors in the line of descent and purchase. The lands may have been under Connecticut rights of dates subsequent to December, 1782; and may even be half share rights <723> MISCELLANEOUS PAPERS. for any thing that appears on the face of the instrument. No evidence accompanies them. It is true these persons, or such part of them as claim 40,000 acres, may yet clearly appear by subsequent evidences and circumstances to be strictly within the meaning and even the letter of the law. To bring forward this evidence in season, guarded intimations may perhaps be safely made to the applicants to proceed in the train of Acts, required of them by the several sections of the law. The words in line 15, designating the land, are merely these: "land in the Township of Plymouth." Those words are neither closely descriptive nor indeed in the least degree indicative of any particular tract in the township, but equally applicable to every lot of eighty Acres in the Township. The designation is not more defective as to buts, bounds, intersecting waters and adjoining lands, than it is as to the original Connecticut settlement and the various other matters, which relate to the peculiar objects of the law. In this part of the instrument of application it again appears, that the Connecticut claimants have had most in view the provisos to the first section of the Act. In the 19th line the engagement to submit to and abide by the determination of "the Commissioners or their successors," would seem to have been better expressed if it had been followed by words designating them as named in, or to be appointed in pursuance of the Act of the 4th April, 1799. Yet it will probably appear, Sir, to your better Judgment that it is rather a reasonable criticism upon the language of the instrument than an indication of an essential imperfection If the words "in the premises," in the 19th line, and the whole of the 20th line, together with the first word "claimants," in the 21st line, had been left out; and the words "in relation to the said three parcels of land by me claimed," had been inserted in their stead, it would seem to have been less liable to evasions. The words "the premises," have not, perhaps, a reference perfectly definite from the imperfections of the preceeding parts of the instruments, and the words "may be released," do most materially affect the strict letter of these acts of application and submission, because no Pennsylvania claimants have, will or can release after the dates of those acts of the Connecticut claimants. It would have been much more satisfactory to have used the words, "as shall appear to have been released." Upon the whole, sir, the degree of importance to be attracted to that prospective expression in the 20th line, seems to be worthy of the legal consideration by which you are so well able to determine its construction and operation. These instru- <724> MISCELLANEOUS PAPERS. ments will, after acceptance, be filed of record in the land Office, yet it may be prudent to have them acknowledged by the parties or proved and recorded in the Rolls Office. The evidence of their genuineness, by an acknowledgment in person, is desirable. It is not certain that a transmission of them to Luzerne would be legal, but official Copies to be furnished to the Commissioners might be acknowledged to be correct and true Copies by the applicants themselves in Luzerne. A desire of bringing this subject before you in the best order in my power, has induced me to trouble you with these notes, which I beg you to excuse. The deposition in regard to holding under the Connecticut title only has been intimated to the bearers of the applications in conversation with them, as also a particular designation of their tracts; on these points most of the Pennsylvanians have been precise. I have the honor to be, Sir, your mo. ob't And mo. h'ble S't, TENCH COXE, Secretary of the Land Office. - - - - - - - - TENCH COXE TO THE ATTORNEY GENERAL. _ _ _ LAND OFFICE, February 6, 1800. SIR: I have the pleasure to receive your favor intimating your intention to transmit your opinion on the subject of David Mead's law, etc., for which I will thank you as soon as your convenience will admit. I have now, sir, to present to your very particular consideration, an important instrument of writing, whereof the inclosed is a copy. It is the application and submission of Moses Atherton, a Connecticut Claimant, under the Act of the 4th of April, 1799, entitled "An act for offering compensation to the Pennsylvania Claimants, etc." Having had the honor to communicate the same to the Governor, for his information, and to submit to him some remarks and suggestions, I trouble you with a Copy of them in the hope that they may facilitate your consideration of the various points. A very large proportion of ninety three applications (for the quantity of 46,000 as. of Land), are in the same form, being made by printed blanks filled in by the claimants according to their cases, respectively. It is unnecessary to press upon you the reflexions that it <725> MISCELLANEOUS PAPERS. would be equally inexpedient to interpose any but valid objections, and to accept instruments of application and submission liable to just exceptions. Should it appear that these instruments require essential amendments, it might be well, perhaps, to do it in the following manner. In order to procure an acknowledgement of the execution of these instruments by the claimants themselves in Luzerne, an instrument might be prepared for each applicant reciting his application at length, and then containing some clause of explanation or amendment as to the points of doubt or exception. This, executed before the Commissioners, would perhaps cure the whole. There is yet time, and the case is of primary importance. On the receipt of your opinion the Board of property will take such order in the Case as may appear necessary and within their powers and duties. It is at their unanimous request that I have made to you this communication. I am, Sr, very respectfully Your mo. ob't Ser't, TENCH COXE, Secretary of the Land Office. The Attorney General of Pennsylvania. - - - - - - - - TENCH COXE TO ISAAC WHELEN. _ _ _ LAND OFFICE OF PENNSYLVANIA, February 8, 1800. SIR: I have the pleasure to inform you as one of the Commissioners, that there have been presented at this Office, Deeds from the Pennsylvania Owners of Lands in the seventeen Connecticut Townships of Luzerne, to the amount of more than 40,000 Acres; there have been also transmitted to this Office applications from Connecticut Claimants to the amount of more than 40,000 Acres, as required by the act of April 4, 1799. The other two Commissioners, Generals Irvine and Boude, have been apprized of this matured state of things, and are preparing to enter upon their duties. This information is given to you to enable you to make your preparation, to set out so as to suit your private affairs. If you should be in Lancaster I shall take pleasure in giving you such other information as you may desire. I am very respectfully Your most obed't servant, T. C. Isaac Whelen, Esq'r, near Downingtown, Pennsylvania. <726> MISCELLANEOUS PAPERS. REPORT OF THE SECRETARY OF LAND OFFICE. _ _ _ LAND OFFICE OF PENNSYLVANIA, February 13, 1800. In obedience to the order of the House of Representatives of the 10th instant, the Secretary of the Land Office has the honor, respectfully, to report the following proceedings under the Act of the General Assembly, passed on the 4th day of April, 1799, entitled "an act for offering compensation to the Pennsylvania claimants of certain Lands within the seventeen Townships in the County of Luzerne, and for other purposes therein mentioned." It is understood that the Secretary of the Commonwealth, immediately after the passing of the Law, communicated to the Commissioners named by the Legislature, that the duties designated in the act had been assigned to them. Communications, personal or written, have since taken place between the Land office and the Commissioners, in order that they might stand prepared to proceed to Luzerne whenever the season shall admit. It appears from the releases and Conveyances to the Commonwealth, which have been deposited in the Land Office, by persons holding under Pennsylvania, that the state is reinvested with titles to lands in Luzerne County of dates prior to the decree of Trenton, to the amount of ninety-one thousand three hundred and eighty-seven acres and ninety-one perches, agreeably to the general abstract A., which accompanies this report. Besides the lands so released and conveyed by persons who held under Pennsylvania, there are likewise written applications from the same description of claimants to the Board of Property for compensation under the law of the 4th April, 1799, for other parcels of land to the amount of eight thousand seven hundred and eighty-seven acres and one hundred and two perches agreeably to the abstract B., which also accompanies this report. The Lands contained in the last mentioned abstract are not yet released or conveyed, so as to enable the Commissioners to proceed to examine and value them under the law. But measures have been taken to obtain the proper necessary instruments. It will be perceived, however, that the lands in the first mentioned abstract, alone exceed the quantity of forty thousand acres. The Connecticut Claimants transmitted to the Land office, <727> MISCELLANEOUS PAPERS. principally on the twenty-first day of January, last, a number of instruments of applications and submissions, which are exhibited (together with a copy D. of one of them) for the information of the House, in the General Abstract C. They relate to one hundred and sixty-four tracts and lots of land amounting in the whole, to forty-seven thousand one hundred and fifty-nine acres and three-quarters of an acre. A few of these applications have been received at the Land office since the order of the House. It is uncertain whether any more will be presented, tho' it appears very probable that some yet remain to be delivered. From the manner in which the Connecticut applications have been made, and under the circumstance of the applicants generally possessing a knowledge of the situation and boundaries of the seventeen Townships, it has been found practicable for them distinctly to exhibit the quantity in each, for which they apply; and it is observable that their applications are diffused among all the Townships but one. But as the official papers of Pennsylvania do not contain any references to the Connecticut Townships, and as very few Pennsylvania Townships existed in that County at the dates of these ancient rights, it has been found impossible to designate the situation of the Pennsylvania lands more precisely or in any other manner than will appear on reference to the abstract A. The returns of Survey, however, required by the act, will afford to the Commissioners authentic and accurate information on that essential point. Since the receipt of Releases and applications to the amount of forty Thousand acres from each of the two descriptions of persons mentioned in the Law, the necessary Information has been given to the three Commissioners, and opportunity has been taken for preparatory conferences with two of their number, who were at the seat of Government. They await only the receipt of the necessary official papers and the proper season to proceed upon their duty. As soon as Connecticut applications were transmitted from Luzerne to the amount of forty thousand acres, the Secretary of the Land office had the honor to communicate the Event to the Governor, and at the same time to inform him of an intimation that a few more instruments of the same nature were expected from that County. The Governor, in Consequence, was pleased to direct that all the documents necessary to exhibit the quantity of land and the general circumstances of the business, should be put into such a state of preparation as to be ready for the information and use of the Legislature whenever those applications, which were expected, should arrive. That circumstance took place on the eleventh instant. On <728> MISCELLANEOUS PAPERS. that day also the order of the House was received at the Land office. The three abstracts which the Secretary in obedience thereto, has now the honor to transmit, will shew (as it directs) how far the act to which those abstracts relate has been complied with, as well on the part of the Pennsylvania claimants as by the Connecticut claimants. TENCH COXE. Secretary of the Land Office. - - - - - - - - JOHN FIELD TO TENCH COXE. _ _ _ PHILADELPHIA, 2 mo. 24, 1800. TENCH COXE, Esq'r: RESPECTED FRIEND: I have now under my notice a Copy of thy Letter of 13th inst., to Geo. Williams, respecting certain Lands belonging to the Estate of my Wife's Father, D. Williams, part of which are supposed to lay within the Connecticut claims. I lately requested Wm. Parlen to send me Copies of the returns of Survey for those Lands, by recurring to which it may be seen whether any, and if any, which of the Tracts are so situated, and I should be obliged by thy looking at them and giving me such information as may be necessary to ascertain the matter, as I am ignorant of the boundaries of the Connecticut Claims. When that is done I will attend to the several points thou mentions, in order that the business may not be further protracted. Geo. Williams has no further agency in the business The bearer, David Mead, Esq., having received some information respecting the Conduct of some of the deputy Surveyors in the districts West of Allegheny River towards the Pennsylvania population Company (of which I am a member), and myself and Son, has desired me to relate what I know thereof. But on examining my stock of information, tho' it is extensive and various, it appears to me too imperfect to be taken as evidence, being chiefly what I have heard from others. A number of persons are now, or will shortly be at Lancaster, who are more particularly acquainted with the same things to whom reference may be had if necessary. The Company and myself have suffered great and very grievous impositions, which could very readily be substantiated, but if ever we procure any redress I presume it must be in a Court of <729> MISCELLANEOUS PAPERS. Law. Those impositions, I believe, have proceeded partly from some Deputy Surveyor, but mostly from men of bad dispositions, endeavoring to possess themselves of our Lands; and to defeat such combination of evils and prevent very serious disturbances in this quarter, the Company and myself have been obliged to give those intruders great part of our Lands, also to advance enormous Sums of Money to settle and improve them. I had very little knowledge of the Land business when those things occurred, but it was then my opinion the Company should apply to the Surveyor Gen'l for redress in those parts if any that originated from his deputies, and I have since regretted it was not done, as from my own observations I believe he would have called his deputies to a sworn acco't so far as they were concerned. With regard to the present deputy in District No. 2, I do not know him, nor am I acquainted with any improprieties of Conduct on his part if such exist. The present information I consider as out of season and that I am probably more blameable than the officers of the Land department in Philad' and Lancaster in those things that concern myself, in short, I do not see how they can at all be held accountable for improprieties of which they were ignorant of, therefore I acquit them freely and fully. I am, Respectfully, Thy assured Friend, JOHN FIELD. - - - - - - - - CIRCULAR TO WYOMING RELEASERS. _ _ _ LAND OFFICE, PA., June 13, 1800. SIR: On making up the file of Pennsylvania returns of survey of Lands in the 17 Connecticut Townships of Luzerne County, it is found that a few are missing. After diligent searches in the Surveyor General's Office, no traces are perceived of those noted below. If you possess copies of those returned, or even surveyed, it is very desirable that you should bring them forward immediately. The best step that can be taken is to transmit to this office every particle of evidence that you possess or can obtain, tending to establish either an actual and regular return or a survey or any other measure in execution of the warrant partly or wholly. I shall forthwith inform the Commissioners in all cases of per- <730> MISCELLANEOUS PAPERS. fect execution. In cases wherein further measures may appear necessary and may be found within the powers of the Board of Property, the matter will be taken up therein for remedy or completion. - - - - - - - - THE COMMISSIONERS TO THE ATTORNEY GENERAL. _ _ _ WILKESBARRE, LUZERNE COUNTY, July 21, 1800. SIR: We find many difficulties in the execution of the act offering compensation to the Pennsylvania Claimants of Land in the County of Luzerne, particularly as we apprehend some of the enacting clauses are directly opposed to each other. We conceive it, therefore, to be necessary, indeed our duty, to apply to you, as Attorney General of the State, for your opinion and advice. FIRST SECTION. "That the said Commissioners shall not examine any lands but those which the Pennsylvania Claimants shall have agreed as aforesaid to submit to their examination." FIFTH SECTION. "That it shall be the duty of said Commissioners also to ascertain all the rights or lots within the seventeen townships, which were occupied or acquired by Connecticut Claimants, who were actually settlers at or before the decree of Trenton, and which lots or rights were particularly assigned to the said settlers prior to the said decree at Trenton, agreeably to the regulations then in force among them." We ask, Shall the prohibition in the first section prevent the Commissioners from ascertaining and valuing the Connecticut rights or lots within the seventeen townships where the Pennsylvania Claimants have not released to the State? The transfers and sub-divisions have been so numerous among the Connecticut Claimants themselves, that it will be a work of years if the Commissioners must attend to this minutia. Question then, Are the Commissioners to ascertain and value the original rights or lots (only) of the Connecticut Claimants, or must they ascertain and value the numerous divisions and sub-divisions of those original rights or lots as they are now held? In the progress, altho' there are other difficulties, we are unwilling to trouble you with more than what we consider indispensably necessary; in the meantime we will proceed in such <731> MISCELLANEOUS PAPERS. parts of the business as do not require decision on these points, and we take the liberty to mention to you that we judge it prudent to conceal our embarrassment and to appear to act as if the law was clear to us in every particular. We request your answer as soon as convenient by Post, And are, respectfully, Sir, your obedient Servants, THOS. BOUDE, WM. IRVINE, ANDREW PORTER. P. S.--We will communicate to the Secretary of the Land Office such other difficulties as occur in detail. The within and above is a true Copy, July 22, 1800. Attest: JOHN SHIPPEN, Clerk. JOSEPH B. McKEAN, Esq., Attorney General. - - - - - - - - JOSEPH WHARTON TO TENCH COXE. _ _ _ PHILADELPHIA, August 2, 1800. SIR: I was told a few days past by a messenger from Sam. Howell, Sam. Pleasants, & C. Foulke, that these men were about memorializing you not to deliver to me whatever Certificates may be awarded on the lands I had conveyed to the State in the 17 Townships in Luzerne County, unless I consented to join in some Declaration with them, as my assignees to you on this subject. I referred the messenger (who was Owen Foulke) to the mortgage I had given to my assignees as sufficient security to them against any undue conduct of mine, besides they had the certain knowledge and experience of my not only having made them, among others (and for which I shall forever repine), my assignees (unknown to and unsollicited by any one), but that such was my undeviating integrity as never to have paid my Debts in Continental money, altho' conformable to law and universal usage, or I should not have suffered in fame, fortune and happiness what their cursed stewardship hath inflicted on me and my poor Children. How, then, can these jealous men suppose me capable of injustice who peculiarly witnessed from me such eminent proofs of self denial to <732> MISCELLANEOUS PAPERS. them and to those they represented? But, Sir, as you are the officer of Government, whom they are memorializing against me (and with whom they would affect my character and circumstance), I have taken the liberty to enclose to you a copy of my letter to my brother, Mr. Isaac Wharton, also an assignee, who has refused to memorialize with them, in order to manifest the clearness of my conduct in all my transactions between the State, my assignees and myself. Besides, Sir, you are a witness for me that I did long since inform you that all the lands I had conveyed to the State were mortgaged by me to these very Complainants, but that it was right, however, in me to convey to the State, for facilitating the Luzerne business and leaving the affair of the Certificates to come forward in their proper time and order. Indeed from the apparent distress and conduct of these men I am apprehensive they have not had the mortgages recorded in Luzerne County, and, therefore, they are afraid of fighting me by trial at law, which their infamous conduct to me and my Creditors make them revolt at. Would it not, Sir, be within the nature of your office or of Mr. Muhlenburgh's to make enquiry of the Record office in Luzerne County, whether the mortgage given by me in August, 1796, to Isaac Wharton, Sam. Howell, Saml. Pleasants, & C. Foulke, was in one time recorded? It would certainly, in either case, put the State on its proper ground to ascertain to whom the Certificates may be legally delivered on the Commissioners' return being made. I pray your pardon for this trouble and the grammatical and other faults in my letter, for the condition of my health disqualifies me either for elegance of stile or close attention to matter, and I request the favor of you to acknowledge receipt of it, with such animadversions as you may think necessary. After all, perhaps, this address ought more properly to be made to Mr. Muhlenburgh, and if so, be pleased to deliver it to this Gentleman with my respects, and if not appurtenant to his office, yet I shall be glad he may peruse this Letter and the one to Isaac Wharton. I am Sir, Respectfully, Your most ob'd't Serv't, JO. WHARTON. P. S.--I shall be thankful to have this and the enclosed officially noticed with the Pennsylvania Claimants records. J. W. - - - - - - - - Continued in Part IV - MISCELLANEOUS PAPERS RELATING TO THE WYOMING CONTROVERSY