History: PA Archives: Second Series, Vol. 18: Part II: MINUTES OF THE SUSQUEHANNA COMPANY. (cont.) : 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 _____________________________________________________________________________________________ <67 cont.> At a meeting of the Susq'a Comp'y held at Windham by adjournment on the first Wednesday of September, 1769. Voted, that Col. Sam'l Talcott be agent for the Comp'y to assist in the suit at Easton. Voted nem. Con. Voted, that if it should happen that Col. Talcott Cannot, or should not go to Easton, according to appointment, that the Comp'y refer the matter to the General Committee, to appoint such other person in his room for said purpose, as they shall judge best. Voted, that the present Susq'a Committee appointed to collect in the monies due to the Susq'a Comp'y, together with Sam'l Ely of Lyne, Capt. Joseph Hurlburt of New London, Mr. Seth Smith of Stonington, Mr. Garrett Rappelle of New York, Wm. Camp of East Jersey, be a committee to receive all Taxes which remain unpaid or take proper security or interest therefor for the use of the Susq'a Company. Whoever shall neglect either to pay the Taxes due from him, or to secure the same as aforesaid on or before the 20th day of October next, such proprietor having due notice to pay or secure such tax or taxes as aforesaid, such delinquent proprietor shall forfeit to said Comp'y, such proprietors rights in the Susquehanna's Company's purchase, and the same shall revert to <68> MINUTES OF THE SUSQUEHANNA COMPANY the use of said Comp'y, unless such delinquent proprietor shall be able to satisfy said Comp'y, that there was sufficient reason for such neglect, and pay the same. Voted, that persons that are bound over to answer at the Court at Easton this month, shall receive three dollars to bear their expenses on their way there. That ten pounds L. M., be paid out of the Susq'a Treasury to Major John Durkee, John Smith, Esq., and Stephen Gardner, Committee at Susquehanna, for the purpose of defraying the necessary Extraordinary Expenses of the Committee, to be used at their discretion. Voted, that £18 L. M. be paid out of the Susq'a Money, by Sam'l Gray, Esq., to Mr. Isaac Tripp, Benj. Follett and John Jenkins, as a committee, to be equally divided and paid to the several persons now bound over to the Court at Easton, and that shall set off on their journey to said Court, to be paid to each one in equal proportion to the distance of the way each one lives from the said Court, for the purpose of defraying their charges in said journey; and that Sam'l Gray, Esq., also pay into the hands of said Committee forty shillings more, for each of said persons bound over to said Court as aforesaid, and that shall appear there to be improved by said Committee, for making necessary provisions for their support at Easton; said Committee to be Consider'd as three of the persons for whom said monies are granted, and said Committee are to repay to the General Committee, whatever of said sum of £40 there shall not be appropriated, according to this vote. Voted, that Col. Dyer, Major Elizur Talcott, Humphrey Avery and Isaac Tripp, Esq., be a committee to apply to Col. Sam'l Talcott, Esq., in the name and behalf of the Susq'a Comp'y, to request said Col. Talcott to go to Easton as agent for said Comp'y, to assist the several Susq'a proprietors now bound over to the Court to be held at Easton this month, and take care of said Cause, and that the general Committee give order for such sums of money to be paid out of the Susq'a money into the hands of the said Col. Talcott, as they shall judge necessary for said purpose, for his Expenses in said Cause, and journey, and shall be agreeable and handsome reward for his said service. Adjourned to the 8th of November next at Hartford. _ _ _ At a meeting of the Susq'a Comp'y held by adjournment at Hartford, Nov. 8, 1769. Major Elizur Talcott, Moderator. Sam'l Gray, clerk. Voted, that the settlement of the lands belonging to this <69> CLAIMING LANDS IN WYOMING. Comp'y at Wyoming on Susq'a River, be pursued according to the vote of this Comp'y at their meeting at Hartford, Dec. 28, 1766, and that the Committee use their utmost endeavour to make up in Cash, an equivalent for the 50 barrels of pork granted by this Comp'y, for the use of said Settlement, with what they have already sent for the use of the 240 settlers mentioned in said vote, and that a further sum of £75 L. M. be forwarded and paid to the Committee appointed to oversee and direct in the settlement, for the use of the 240 that shall remain on said land, and that the Committee use their influence with Major Durkee, to continue at Wyoming with our settlers this winter. Whereas it appears that few of the proprietors of the Susq'a purchase are present, or have had notice of this meeting, and matters of importance are now under Consideration relative to said purchase and settlement; It is now Voted, to adjourn this meeting to the 6th day of Dec. next at Windham, and the clerk is hereby drected to publish a copy of this vote and adjournment of this meeting as above, in this, and the three adjoining Provinces, and the proprietors are desired to give their attendance without fail, as matters most interesting to the Comp'y are then to come under Consideration. Adjourned to the 6th of Dec. 1769, at Windham. _ _ _ At a meeting of the Susq'a Comp'y held at Windham by adjournment, Dec. 6, 1769. Eliphalet Dyer, Esq., Moderator. Sam'l Gray, Clerk. [Evidences to be taken against the Pennamites.] Voted, that Sam'l Gray, Esq., and Major John Durkee, be appointed to take proper Evidences or affidavits of the proceedings of the Court at Easton at the last trial; also of the attack and robbery of our people near Fort Augusta, and of the insults and attacks of our settlers at Wyoming, and their conduct during the Summer past, and the treaty and declaration of the Indians, and any other matters proper. Voted, that monies be collected and delivered to Major Durkee, in order to pay, defend and defray the Expenses at Easton, so far as the Committee shall think necessary, and they are enabled to furnish, and for him to render an account thereof. Voted, that those who delay payment of their taxes in arrears, until the adjourned meeting, whose rights we declared forfeited by a former vote to the Comp'y, shall be immediately sold by a Committee to the best advantage of the Comp'y, if not paid or secured by that time, in which notice is to be given. <70> MINUTES OF THE SUSQUEHANNA COMPANY Voted, that the debts due the Comp'y be immediately collected, without delay. Voted, that Sam'l Gray, Esq., be a Committee with the advice of one, or more of the Standing Committee, as he shall find necessary, to settle and adjust accounts with those who have collected or received money of the Company's for special Services, &c.; and return the general state of affairs and of all past grants, disbursements, &c., to the meeting of the Comp'y; and as there will necessarily be a demand of more money than is now Collected to pay off the debts now due at Easton, and further defend those held over for trial, it is recommended to all the proprietors present, now to advance what they Conveniently Can for the purpose aforesaid, to be repaid as soon as the same can be collected of the debts due the Company. Adjourned to the 10th of Jan'y next at Windham. _ _ _ At a meeting of the Susq'a Comp'y, held by adjournment, at Windham, Jan'y 10, 1770. Major Elizur Talcott, Moderator. Sam'l Gray, clerk. Voted, that Mr. Gershom Breed and Capt. Ebenezer Baldwin, both of Norwich, be added to the present standing Committee. Voted, that the Standing Committee be directed to proceed in what they esteem best for the interests of the Comp'y, to keep and maintain possession of our purchase on Susq'a River. Voted, that Capt. Z. Butler and Capt. Rob't. Durkee be added to the Committee of Settlers, to take Care of the Company's interests and effects at Susq'a, and that they receive their advice and instructions from the standing Committee. Voted, that there is present occasion for money to be advanced for the service of the Comp'y. That if any person shall be so kind as to advance or lend any such sum, or sums, to the standing Committee, that said Committee to repay the Same out of the securities they have in their hands, to be Collected as soon as may be, or of any other of the Company's money. Whereas there are many proprietors that have not yet paid the taxes due on their right, which rights according to the votes of this Comp'y, are already reverted to the Comp'y; but as this Comp'y have no desire to deprive said proprietors of said rights; it is now Voted, that such delinquent proprietors shall have until the first day of March next, to pay said Taxes, and such proprietors as shall not pay and settle such Taxes by said first day of March, his right shall revert to said Company, and the <71> CLAIMING LANDS IN WYOMING. Clerk of this meeting is directed to publish the substance of the above Vote in the public papers. Adjourned without day. _ _ _ A a meeting of the Susp'q Comp'y legally warned and held at Hartford, June 6, 1770. Major Elizur Talcott, Moderator. Sam'l Gray, Clerk. Voted, that Ozias Yates, and Benj. Yale's right, and John Jolly on Job Yale's right, settlers on the lands on Susquehanna river, be of the number of the first 40 Settlers, and entitled to their rights in the Townships that shall be laid out of the said forty, and that Dow Tripp be excluded from the number of the said forty, and any right, in the township which shall be laid out for them, the said Yale and Jolly for the future, to do and perform their duty as settlers on said lands, according to the votes of said Company. Voted, that the five Townships of land granted by this Comp'y, for the encouragement of the first 240 settlers, shall be laid out according to Mr. David Mead's survey made last fall; and as our Paxtang friends that have come on to settle with us, have agreed to take the [Nanticoke granted to the Paxtang men.] Township called Nanticoke township, we now grant the same to them according to the number of them that have Complied with the proposal made to them by the standing Committee, the remainder of said Town to be filled up out of the 200 Settled under the same regulations, and with the same reserves made in the other townships, granted to the Settlers in fulfillment of the engagements of the Committee of this Comp'y with our said Paxtang friends, in their letter to them by Capt. Butler and Mr. Ebenezer Backus, and that a township six miles square be laid out at a place called Lackawanna, on the south of said Nanticoke township, adjoining thereto, in lieu of said Nanticoke, for the fifty settlers which the said Nanticoke township would have belonged to, upon the same Conditions, and with the same reverses, made and received in the other township granted to the settlers; and if neither of the said places shall suit to lay out the last mentioned Township, that then the same shall be laid out by the direction of Major Durkee and Capt. Butler, so as to do justice to said settlers and the Company. [Trading house established.] Voted that there be at present but one trading house set up in our purchase on Susq'a River for trading with and accommodating the Indians with such necessaries as they from time to time shall want, and that <72> MINUTES OF THE SUSQUEHANNA COMPANY those persons that shall trade and deal with the Indians, shall be under the direction and control of Major Durkee, Capt. Butler and Doc. Timothy Hopkins, who are hereby authorized to take care of, and oversee the trade and deal with the Indians, and see that justice is at all times done to them. [Minister to be procured.] Voted, that the Standing Committee as soon as they can with convenience procure some able and orthodox minister of the Gospel, to repair at our settlement at Wyoming, and remain with them for one year in the discharge of his ministerial office among them; and that said Committee shall draw their order on Capt. Butler, for such part, or the whole money in his hands, as they shall judge necessary for the support of said minister. Whereas, it is probable that many proprietors not included in the 240 first settlers have, and will repair to join our settlement on our purchase on Susq'a river in order to settle themselves and families on said lands, in part of their general rights in part of said purchase, it is now Voted, that the committee that shall hereafter be appointed to oversee and direct the whole settlement on said land, shall, and they are hereby authorized and Empowered, at the cost of those that apply for the same to lay out townships five miles square for such [New townships to be laid out.] proprietors within said purchase as such proprietor shall apply for the same in part of their general rights in Said purchase, each of which townships to be divided into fifty Equal parts or shares for quantity and quality, three of which rights or shares to be reserved for the public benefit of said township in the same manner and for the same purpose as the reserved rights in the townships heretofore granted to the first 240 settlers. Voted, that Capt. Z. Butler, Isaac Tripp, Benj. Follett, John Jenkins, William Buck, Benj. Shoemaker, John Simpson, Timothy Hopkins, David Marvin, Thomas Dyer, Ebenezer Gray, Junr., Mr. Obediah Gore, Robert Young and Nath'l Wales 3d, be, and are hereby appointed a committee, to assist Major Durkee in ordering and directing in all the affairs relating to the well government of said Settlers, and in directing the settling of Said lands till otherwise ordered by the Comp'y; reserving only that in Case any person shall be agrieved by the determination of said Committee, they shall have liberty to lay the same before this Company for their determination thereon, otherwise, that if Said Comp'y Cannot be Conveniently Convened, before the standing Committee of said Company. Adjourned without day. <73> CLAIMING LANDS IN WYOMING. At a meeting of the Susq'a Comp'y lawfully warned and held at Windham, Oct. 17, 1770. Elizur Talcott, Esq., Moderator. Sam'l Gray, clerk. Voted, that Elizur Talcot, Esq., Increase Mosely, Esq., Edward Mott and Sam'l Gray, Esq., be a Committee to repair to New Haven, and join our agent and Committee there to represent to the Honorable the General Assembly of this Colony, now Setting in New Haven, to represent to said assembly the present distressed Case of our settlers on the Susq'a purchase, and pray the interposition of said assembly, and that the matter respecting the claim of this Colony to the extent of our Charter, may be now determined by said Assembly; and that said assembly would invest our settlers, now on said purchase, with powers of Government according to the original institution of this Colony, and their predecessors, and that his Honor the Governor of this Colony, be desired to write to his Honor Governor Penn, to release our settlers that are imprisoned at Easton, from their imprisonment. Voted, to adjourn to the last Wednesday in November next, at Hartford at 10 of the clock. _ _ _ At a meeting of the Susquehanna Company held at Hartford by adjournment. Wednesday, November 27, 1770. Voted, that the Committee of this Comp'y do, as soon as may be, send £50 L. M. to Philadelphia & Easton, for Major Durkee, and the rest of the New England prisoners in gaol, to maintain and support them according to the orders and directions of said Committee. [Minister.] Voted, that the Rev. Mr. Geo. Beckwith, Jun., of Lyme, be entitled to one whole share in the Susq'a purchase, in part for his services in the Ministry at Wyoming, for the benefit of the settlers there. Voted, that all the settlers at Wyoming, that do again take possession of the land at Wyoming aforesaid by the 15th of May next, and continue thereon, holding under this Company according to the former votes respecting said settlement, shall still have their settling rights, notwithstanding all that has passed. Voted, that the 300 settlers on the West Branch, that do by the said 15th of May next take possession of the Susq'a land, and hold according to the vote relating thereto, shall be entitled according to the former votes respecting the settlement there; Voted, that any proprietor, or man under a proprie- <74> MINUTES OF THE SUSQUEHANNA COMPANY tor, that with the aforesaid settlers do again take possession of the Susq'a lands, shall be entitled to the vacant settling rights if any there be, until all the vacant rights are taken up, the proprietors first taking possession shall have the first vacant Settling right, one vacant right to one person So taking possession, and no more. Voted, that Nath'l Wales, Jun., Esq., with the assistance of the Committee, be desired to draw up an Historical account of the Colony's title to those lands west of New York, and this Company's title under this Colony, to the Susq'a lands; as also the rise and history of this Comp'y, and transaction of the authority and Courts of PENNA, with our settlers on the lands on Susq'a river, and proper observations to make thereon. Voted, that the Committee be desired to use every prudent and proper method, that there be a full and universal meeting of the proprietors at the next adjournment, by advertising in the newspapers and otherwise, as they think proper. Voted, that all the persons that have been entrusted with the Company's money, or have been Collectors, or are in debt to the Comp'y, be immediately called to render an account of their doings, and pay the same, and that the Committee be desired to inform such persons of this vote. Voted, to adjourn to Windham on the 2d Wednesday in Jan'y, 1771. Ebenezer Gray, Junr., Clerk. _ _ _ At a meeting of the Susq'a Comp'y held at Windham by adjournment January 9, 1771. Major Elizur Talcot, Moderator. Sam'l Gray, clerk. Whereas at the time of the Susq'a Comp'y meeting held at Hartford in November last, our settlers at Wyoming were drove out of their possessions there by the Pennsylvanians, and for the encouragement of those settlers to exert themselves to regain the said possessions, it was then voted, that if said settlers should regain their possessions by the 15th of May next, such settlers should be entitled to all those rights and privileges in the same manner as by the former votes they had a right to have and hold, and also that such others as should go in aid of said settlers and take possession with them, should be entitled to the vacant rights there, as by said votes may appear. And, Whereas, Since Said meeting some of our people have dispossessed the Pennamites, and taken possession of our Fort, &c, and are holding the same, but stand in need of immediate aid to assist them in keeping possession, for <75> CLAIMING LANDS IN WYOMING. which reason Said votes are judged as to the time prefixed, to be inconsistent with the good and safety of said Company; It is therefore now voted to reconsider, and the same is reconsidered accordingly, and it now Voted, that the 240 settlers, except those that are bound over to some Court in PENNA Province, shall forthwith repair to Susq'a, and join with, and assist those now in possession, in holding the same, and that in their so doing, such of them as shall go as aforesaid, shall be entitled to all their rights and privileges there, in the same manner as though they had never been driven out; and in Case that any of the said 240 settlers shall neglect to go as aforesaid, for the purpose aforesaid, that then such person or persons so neglecting, shall forfeit his or their settlers rights, unless those who so neglect, shall offer such reasons for such neglect, as said Comp'y shall judge sufficient to Excuse such neglect. Voted, that Col. Dyer, Nath'l Wales, Junr., Sam'l Gray and Major Elderkin, be a committee in the name and behalf of the Susq'a Comp'y, with all Convenient speed, to draw up a statement of our Claims to the Susq'a lands, and proceedings thereon touching the settlement thereof, with the reasons of our taking and holding possession thereof, so far as they shall judge best, as also of the inhuman treatment our people have met with from some of the inhabitants of Pennsylvania, and the dangerous Consequences of living in such a state of hostility; and manifest the desire of the Comp'y to settle said Controversy in some legal and Constitutional way, and lay the Same before the Governor of that Province, and request him to direct that some proper action may be commenced to bring the title of said land to a legal and proper issue, and that said Committee send such representation to Governor Penn by some proper person, whom they shall appoint, and direct him to wait upon the Governor for his answer; and in case the Governor shall refuse to Comply with such proposals so made, the said representations be ordered to be inserted in the public prints in that Province with such Comments thereon as they shall judge best, and all at the Expense of said Comp'y. [Compact to be signed.] Voted, that Col. Dyer, Nath'l Wales, Junr., Sam'l Gray and Major Elderkin, be a committee to draw up a scheme in writing, agreeably to the minds of the settlers on those lands, to be signed by all who now are, or shall go on and settle on the Susq'a lands, so as to legally bind and oblige all who sign the same, faithfully to perform each one his trust and undertaking, according to the true intent and meaning of such scheme, and that none but such as voluntarily sign such agreement shall be admitted to hold any right or <76> MINUTES OF THE SUSQUEHANNA COMPANY privilege there as a settler, until further orders of said Company. Voted, that Capt. Zebulon Butler, Capt. Lazarus Stewart, Major John Durkee and John Smith, Esq., be, and they are hereby appointed a committee to repair to our settlement at Wyoming with our Settlers, and they, or the major part of them, to order and direct in all affairs relating to the well ordering and governing said Settlers and Settlements; and that the proprietors of each of the five townships laid out at Wyoming, shall have full liberty to choose one person for each town, to be a Committee Man to join the above Gentlemen, the whole to be but one entire Committee for the purpose aforesaid. [Hanover granted to the Stewarts & Co.] Voted, that this Comp'y, taking into consideration the special services done this Comp'y by Captain Lazarus Stewart, William Stewart and others, their associates, in taking and regaining possession for us on our purchase on Susq'a river, that they and their associates shall have and be entitled to all the Comp'ys rights to the townships they have chosen. Called Hannover, unless they may be willing to admit some few others, whom they Esteem the most deserving, to come in for a share with them, provided they keep and hold possession according to the former votes of said Company. Voted, that Nathaniel Wales 3d, be and remain a proprietor in the first township granted to the first forty settlers. Whereas, the township of Lackawanna is found not to be so good and valuable as was expected, it is now voted, that said township shall be, and the same is hereby granted to the thirty five proprietors that are already put into said town, reserving three rights in said Town, according to the votes respecting the other Towns; provided they shall hold possession according to the votes of said Company. This meeting is adjourned to meet at Hartford, May 15, 1771. S. Gray, Clerk. Part of the 200 to go in the spring of 1769. Moses Hibbard, Silvester Backus, Ebenezer Gray, Junr., James Fitch, Nath'l Wales 3d, Zebulon Hibbard, Thomas Brown, * John Howard, Junr. HARTFORD, January the 30, 1755. Rec'd of Capt. Johnathan Hills of Hartford, nine Spanish milled dollars, for the purchase of one right at Susq'a, voted to be purchased at a meeting the 20th of Novem'r last. I say rec'd per David Edwards one of the Committee: Entered 28th of Decem'r, 1768, per E. Gray. * Transcriber's note: There is a hand with finger pointing before this name. <77> CLAIMING LANDS IN WYOMING. Capt. Sam'l Hitchcox pd. 4 1/2 dolls. for 1/2 share as per receipt signed per Thomas Darlin, July 15, 1755. Jacob Yale pd. £4 for 1/2 share as per receipt dated Nov. 22, 1762. Signed per Daniel Lyman. Mr. Sam'l Enno, of Windsor, paid £4 L. M. for 1/2 share as per receipt, December 3, 1761. Signed per Elisha Shelton, one of the Committee. David Cole, of Farmington, pd. £8 L. M. for a whole share as per receipt, Nov. 9, 1762. Signed per Dan'l Lyman. Ezra Knap pd. £8 to Uriah Steavens for a whole right as per receipt Jan'y 1, 1762. Signed per Uriah Steavens. Elijah Clapp pd. 9 dolls. to Dan'l Edwards for a whole share as per receipt, May 12, 1755. Signed per Dan'l Edwards, one of the Committee. _ _ _ At a meeting of the Susq'a Comp'y, legally warned and held at Windham, March 13, 1771. Elizur Talcot, Moderator. Sam'l Gray, clerk. Whereas, our settlers are again unjustly and inhumanly drove off from their settlements at Wyoming, and robbed of their effects, by a gang of lawless and wicked men, and it is judged best and necessary for the interests of this Company to regain and hold possession of our settlements at Wyoming, and in order thereto, it is now voted, That the 240 settlers, together with those settlers to whom the township of Hannover is granted, shall as soon as may be, repair to Wyoming on Susq'a river, and take possession of our settlements there, and hold them for said Comp'y, and in case any of said settlers shall neglect or refuse to go and take, and hold possession of said lands according to the former votes of this Comp'y, that then any other person or persons that shall go and regain and hold possession of said land, according to the former votes of this Comp'y shall each be entitled to one Settler's right, and for a further encouragement each settler shall at his setting off be paid out of the Treasury of this Comp'y five dollars, and that Ezekial Pierce, Esq., Capt. Zebulon Butler, Edward Mott, Robert Durkee, John Smith, Esq., John Jenkins, Elizur Talcut, Jeremiah Angel, Eliphalet Lester, Christopher Avery, Benj. Follett, Wm. Gallop, Seth Smith, Wm. White, of Stafford, Gad. Stanley, Capt. Eliphalet Whittlesey of Kent, Benj. Steaphens of Canaan, Increase Mosely, Esq., Dan'l Lyman, Esq., Johnathan Pettibone and Obediah Gore, be a committee to take the names of such persons as shall engage to go forward; and that such persons shall come into such agreement as shall be judged necessary, and that a tax of two dollars on <78> MINUTES OF THE SUSQUEHANNA COMPANY each right be granted for defraying the charges of the Comp'y, and the expenses of those who shall go upon the lands, and that as a general Collection of the tax can not likely be made so soon as the money will be wanted for those who go to take possession, that said Committee be desired to apply to as many of the proprietors as they Can, between the time of this meeting and the time to which it shall be adjourned, and collect of said proprietors as much as they can be persuaded to disburse on the present occasion; or take good security payable to the Treasurer in a short time, for such sum as any person will be willing to advance, to be improved to supply those who shall go forward, and such other purposes as the Comp'y shall order and that said Committee make a report of what they shall do in the premises, to said adjourned meeting. That such proprietors as shall be willing to advance or secure more than their proper proportion of said tax, shall be refunded and paid what they shall so advance over and above Sufficient to pay such person's own tax, out of the general tax, when sufficient for that purpose shall be collected, above what is necessary for those Shall go and take possession as aforesaid, and on failure of such Collection, to be allowed therefor in the settlement of said lands, when that shall take place. Voted, that the above Committee collect and pay to the Treasurer, said two dollars of such proprietors, granted as aforesaid to be improved for the purpose aforesaid. Voted that the 300 mentioned in the vote passed on the 12th day of April, 1769, to go on upon the Susq'a river lands, shall have liberty to go upon lands according to the tenor of said vote, provided they shall go by the first day of June next. Adjourned to the 4th day of April next at Windham. Teste Sam'l Gray, Clerk. _ _ _ At a meeting of the Susq'a Comp'y held at Windham, by adjournment, April 4th, 1771. Elizur Talcot, Moderator. Sam'l Gray, Clerk. Whereas, the Susq'a Comp'y at their meeting held in Windham on the 13th of March last, Voted, that 240 Settlers, together with the Settlers to whom the township of Hannover was granted, should as soon as might be repair to Wyoming on Susq'a River, and take possession of our settlement there, and hold the same, &c.: and that in Case any of said Settlers should neglect to go and take possession, &c., that then any other person or persons that should go and take possession, &c., according to the former votes of said Comp'y; such other person or persons should each one be entitled to one settling right, <79> CLAIMING LANDS IN WYOMING. and as an encouragement, that each Settler at his setting out should receive five dollars towards his expenses; and it was also voted that the 300 mentioned in the vote passed the 12 day of April, 1769, should have liberty to go on upon said lands according to the tenor of said vote; provided, they should go on by the first day of June next, at which meeting on the 13 of March last a tax of two dolls. on a right was granted for the purpose aforesaid; and a Committee appointed to Collect Said Tax, and pay the same to the Treasurer of said Comp'y, and also said Committee was directed to take the names of such persons as would agree to go upon said lands according to the tenor of said votes, and make their report to this meeting, to be further proceeded on, as Should seem most prudent, as by said vote of said meeting on the 13th day of March, may more fully appear. And whereas, the Major part of said Committee have made their report in the premises, it appears from said report, that it is the general opinion of the proprietors so far as they have been Consulted, which extends to a very considerable part of said Comp'y, that it is desirable to defend our possessions on Susq'a River with life and spirit, and they appear universally willing to extend what shall be necessary for that purpose, and seemed determined to prosecute our claim to those lands in every Constitutional way that Can be devised, until the same [The proprietors determine to defend their possessions.] shall be in some legal way determined. Yet it is judged by many of the proprietors, that as we have now a petition lying before the General Assembly, praying them to take into consideration the general claim of this Colony to those Western lands, which it is expected will be acted upon at the next sessions, and as it seems almost impossible but that the Assembly on Consideration of the Colony's title, will judge the same good, and Claim the same accordingly, which determination may be of great advantage in defending our particular right, and that we may pay a due deference to the laws of the land, the proprietors Judge it most prudent, actually to delay going on to said lands according to said votes, until opportunity to know the minds of the Assembly, for which reason many have neglected to pay said tax, and those who intend to go and take possession, decline going at present, and though some others are of opinion it is best to set out forthwith and endeavour to regain our possession there, yet these different sentiments have prevented our being prepared to Carry said Vote into Execution at this time, and Therefore, it is unanimously agreed and voted, to suspend entering on said lands according to said votes passed the 13th of March last, until the adjourned <80> MINUTES OF THE SUSQUEHANNA COMPANY meeting to be held at Hartford on the 15th of May next, and that during said term until said meeting, said Committee are hereby directed to pursue said votes, and Collect said tax, and procure the number of settlers to get ready to set out agreeably to said votes, at such time as Said adjourned meeting shall judge most Expedient, and such settlers as shall proceed forward agreeably to such votes, or ordered of said adjourned meeting to be held in Hartford in May next, shall be entitled to all the rights and privileges voted and granted to them at the meeting held at Windham on the 13th of March last, in the same manner as they could, would, or might have been, had they proceeded according to said vote without delay. Voted Nem. Con. Whereas, Major John Durkee and several others of the proprietors of the Susq'a purchase are confined in the Common goal in the province of PENNA, and are there destitute of friends and money which renders their situation extremely distressed and affecting to all who have any just ideas of their sufferings, and application having been made at this meeting for some relief, this meeting taking this matter into serious Consideration, Voted, That the sum of £50 be immediately raised and sent to Major Durkee, and the others, for their relief, and as there is no money now in the Treasury, it is Voted, That the following provision shall be made for raising the aforesaid sum, viz: that proper persons be appointed to apply forthwith to the proprietors in the several towns, and advise them of the distressed situation of the said Major Durkee, &c., and request the proprietors, to pay to such persons applying such sums as they may think themselves in duty bound to advance to the relief of our distressed friends aforesaid, and that every Sum so advanced be immediately Sent to the Treasurer, and that the Treasurer repay to such proprietor or proprietors the several Sum or Sums they shall so advance, as soon as the same Can be collected out of the debts or tax due to said Company. And if sufficient sums shall not be collected in the above method, then if any of the friends of the persons Confined as aforesaid, or either of them, shall procure in whole or in part, of the above sum, and send the same to be distributed among them, as aforesaid, that then such sums so procured, shall be refunded to them in like Manner as the same is provided above, to be paid to the proprietors; and in case both said methods shall fail, that the Committee as soon as may be, Collect the said sum, and send to the said Major Durkee, &c., as aforesaid, for the purpose aforesaid, and if it so happen that a Collection Cannot be made for the general purpose aforesaid, that then if the friends of either of said prisoners Shall raise a sum of <81> CLAIMING LANDS IN WYOMING. Money, and send to either of said prisoners, then in that Case the same shall be refunded out of the Treasury aforesaid, in manner aforesaid, provided the sum so raised do not exceed to Major Durkee £34, and either of the others, viz: Simeon Draper, Dan'l Gore, Asa Luddington and Thomas Bennet [Names of prisoners.] the sum of £4 each, which makes the s'd Sum of £54. Voted, that Ebenezer Backus, Capt. Silas Parks, William Hurlburt, Ebenezer Baldwin, William Gallop, Increase Mosely, Elizur Talcut, Joseph Eaton, Robert Durkee, Zebulon Butler, John Perkins, Ezra Bewell, John Jenkins, Nathaniel Loomis, Jeremiah Angel, Johnathan Pettibone, Gad. Stanley, John Smith, and Obadiah Gore be a committee to make application to the proprietors, in order to collect the above sum of £50, and pay the same to the Treasurer of the proprietors, for the purpose mentioned in said vote. Whereas, there are several persons belonging to PENNA government, now residing among us in this Colony, who were obliged to depart our settlements at Susq'a by reason of the forcible proceedings of Amos Ogden and others, his accomplices against them, while defending our possessions there, which persons by means of leaving their Estates, families and business there, seem justly to deserve some assistance from the Company here for their support, which persons have been supplied in part by Mr. Ebenezer Backus of Windham, and will stand in need of further assistance for necessary support, both as to provisions and some articles of clothing; It is therefore Voted, that the Cost already arisen for their support since they Came into this Colony, including what they expended in this Colony on their journey to Windham, as well as since, and what shall be needful for their Comfortable support until the 15th day of May next, shall be paid to those who shall so support them, out of the Treas'y of said Comp'y, by order on the Treas., drawn by the Committee, who are also empower'd to adjust & settle the accounts exhibited by any person or persons in the premises. Voted, that the standing Committee forthwith Send, or procure to be sent, the £50 in money voted to be sent to Major Durkee, &c., in the most safe, expeditious and prudent Manner they Can, to be distributed by said Major Durkee, &c., according to s'd vote. Voted, that Sam'l Gray, Sam'l Webb and Andrew French, be a Committee to inquire into, settle, and adjust all the monies that have been paid out of the Comp'ys Treasury, for the use of the Comp'y, and how the same has been disposed of by those who have received the same, and make their report to Some Meeting, duly warned, as soon as may be. 6-VOL. XVIII. <82> MINUTES OF THE SUSQUEHANNA COMPANY Voted, that the standing Committee living in Windham (Except Sam'l Gray) be a committee to settle with the Treasurer relative to all the money at any time received into the Treasury, or that ought to be paid into the same, and make their report to some meeting of said Comp'y, as soon as the same is accomplished. This meeting is dissolved. Teste Sam'l Gray, Clerk. _ _ _ At a meeting of the Susq'a Comp'y held by adjournment at Hartford, May 15, 1771. Voted, that James Bird be added to the Committee for gathering and receiving the last two dollars tax granted, and pay the same to the Treasurer of this Company. Voted, that Sam'l Gray shall attend the General Assembly, and assist in preparing the Susq'a Case for a hearing. Adjourned to the 23d inst. at Hartford. _ _ _ At a meeting of the Susq'a Comp'y, held by adjournment at Hartford, May 23, 1771. Voted, to adjourn to the 12th of June next at Windham. _ _ _ At a meeting of the Susq'a Comp'y held at Windham by adjournment, June 12th, 1771. Major Talcot, Moderator. Sam'l Grey, clerk. Whereas, this Comp'y at their meeting held at Windham, March 13, 1771, Voted, that it was necessary and best for the interest of this Comp'y, to regain and hold possession of our settlements at Wyoming, and in order thereto, it was voted, that the 540 Settlers formerly voted in, as also those settlers to whom the township of Hannover was granted, should go forward and take possession of our lands at Wyoming by the first day of June instant, and at the meeting of this Comp'y in April, it was voted and agreed further, to suspend entering on said land till the adjourned meeting held at Hartford, May 15th last, which meeting by sundry adjournments Come to this time, and it is now judged necessary and best, and Voted, that the said 540 Settlers immediately go forward and take possession of our lands at Wyoming, and hold the same according to the former vote of this Comp'y, at their meeting held at Windham in March and April last, and that they be on said lands by the 10th day of July next. <83> CLAIMING LANDS IN WYOMING. Whereas, it is probable some of the settlers will fail of going on and taking possession of their settling rights, according to the votes of this Comp'y, and some others have forfeited their settling rights by unfaithfulness, and it will be necessary to fill up the said number of 540 Settlers. It is now Voted, that the Comp'y of Settlers when they have got possession of said lands, either by themselves, or by Committee by them Chosen, shall have full power to admit new Settlers upon Such forfeited rights, and fill the said number up, if good, able and faithful men shall offer themselves. And if any person or persons, shall be agrieved at the doings of said Comp'y of Settlers, or of such Committee as they shall appoint, respecting the disposing of any such forfeited right or rights they shall have liberty to lay such grievance before this Comp'y at some future meeting, to be determined by this Comp'y at such meeting. Voted, that James Hannah, Philip Goss, David Carver, Andrew Graham, John Bacon, Jun., Thomas Fanning, Benj. Dorchester, Ebenezer Learned and Johnathan Buck "Nine Partners," be added to the Committee for Collecting the last two dollars tax that was granted, and pay the same to the Treasurer. Whereas, William Speady, James Bigger and Richard Cook, did in Ja'y last join with and assist our people in endeavoring to hold the possession of our lands at Wyoming, but were after a manly resistance drove off, and are now about to return with our people to take possession of our lands at Wyoming. It is now Voted, that the said William Speady, James Bigger and Richard Cook be each of them entitled to one settling right in said lands, of such rights as are or shall be forfeited, to be admitted by the Committee that shall be Chosen to admit settlers to fill up such rights as are forfeited. Whereas, the proprietors of the Susq'a Comp'ys purchase belonging to New London in October last did advance seventy-five dollars to Captain Latimore and a number of Men that went with him to Delaware river in order to relieve our Settlers that were in distress, and to endeavor to retake our Fort and now apply to the Company in some measure to repay the same, it is now Voted, that in Consideration thereof, Eliphalet Lester of New London, who has two rights to dispose of that he rec'd of Mr. Gershom Breed one of the standing Committee, shall dispose of, or sell, said two rights in said purchase, and pay said 75 dollars to those who advanced the same. This meeting is dissolved. Teste, Sam'l Gray, Clerk. _ _ _ At a meeting of the Susq'a Comp'y at Windham, lawfully warned and held Oct. 9, 1771. <84> MINUTES OF THE SUSQUEHANNA COMPANY Elizur Talcut, Moderator. Sam'l Gray, Clerk. Whereas, there is a number of the hundred rights formerly voted to be sold, that remain unsold and not disposed of; It is now Voted, that Capt. Joseph Hurlburt of New London, shall be, and he is hereby authorized, to sell and dispose of ten of those remaining rights, at the sum of £12 L. M. per right, and to render an account thereof to the standing Committee, for the use of said Company. Voted, that Sam'l Ely, Esq., be appointed a Committeeman to collect the two dollars tax granted last March. Voted, that all those persons that have been appointed to collect and receive money for the taxes, &c., granted by this Comp'y are desired forthwith to transmit their accounts to Sam'l Gray, Esq., and to the standing Committee, and settle the same; and that those persons that have received of the Comp'ys Money to dispose of, are forthwith desired to send in their accounts to the said Sam'l Gray, Esq., or to the standing Committee, to settle the same. _ _ _ At a meeting of the Susq'a Comp'y lawfully warned and held at Norwich, April 1, 1772. Whereas, this Comp'y are fully sensible of the Equity and justice of the Claims to the Susq'a Comp'y So called, and of the rectitude of their intention in prosecuting their claim, which has been to gain possession of those lands, in order to lay a foundation for a legal trial and decision of their Cause; yet instead of the proprietors of said Pennsylvania bringing forward or prosecuting any Civil action in which the title to those lands might be set up, and brought in question for a legal decision and determination; instead thereof have made divers attempts to drive us off by force, though under pretext of law process for riots and actions of a Criminal nature, by which means great violence and some bloodshed has happened, Contrary to our intentions and inclinations, but as we are determined to prosecute our Claim by every legal way and means, and to prevent future violence and bloodshed. Voted, that some proper person or persons, be appointed to proceed to Philadelphia as soon as may be, and address his Honor Gov. Penn, and with him Confer upon what method may be taken to bring the Contending Claims of the proprietors of Pennsylvania and the Susq'a Comp'y to a legal and Equitable decision, that all tumults and violences for the future may be prevented. Voted, that Capt. Joseph Trumbull be, and he is hereby appointed agent for this Comp'y, as soon as may be to repair to Philadelphia and wait on his Honor Governor Penn, agreeable to the above vote. <85> CLAIMING LANDS IN WYOMING. [Petition for Civil Government at Wyoming.] Voted, that application be made to the General Assembly of this Colony in May next, for the Establishment of Civil government among the Settlers in the Susq'a Country, within the limits of the Charter of this Colony. Voted, that Col. Elizur Talcut be appointed to forward and prosecute the petition as above mentioned. Whereas, there are many proprietors of the Susq'a purchase that have not paid up the taxes already granted on the Susq'a rights, it is now Voted, that the same be paid by the first day of May next, and all such proprietors as shall refuse or neglect to pay the same by that time, their rights shall be forfeited and revert to the Company. Voted, that the thanks of this Comp'y be returned to the Hon. Wm. Sam'l Johnson, Esq., for his special Services done for this Comp'y in Great Britain, and that the Hon. Eliphalet Dyer be desired to present the same accordingly. Voted, that there be a Committee of five men appointed, who shall be empowered to receive in Settlers, who have been sufferers by reason of their being drove off their settling rights, or by being imprisoned, or [Sufferer's Rights.] that have been hindered from repairing to, or holding their said rights by act of Providence; to fill up the five townships that are already laid out. Provided, that no person or persons that now are admitted and that are now on or in said townships holding the same according to the former votes of this Comp'y, or are now imprisoned or absent by leave from the Committee who return according to the license from said Committee shall be liable to or be removed from or out of any of the said five townships. Also voted, that the Committee now appointed, are hereby [Townships at Capouse.] empowered to lay out one or more Townships at Capouse Meadows, five miles square, to forty settlers, divided into forty-three shares, three for public use, as in the other Townships, in order to supply said sufferers; respect being had to the time and nature of their sufferings, provided the said sufferers shall apply to the said Committee, any time before the first day of July next, and then go to the said township, and hold and improve the same, upon the same terms the other settlers hold the other townships. Voted that said Committee are likewise empowered to order and direct when new townships shall be laid out of 5 miles Square, divided into fifty-three rights or shares, three for public use when they shall be applied for by twenty proprietors by themselves or agents, for [Townships to be laid out on the application of 20 proprietors.] lands to settle on as a part of their proprietor's right, <86> MINUTES OF THE SUSQUEHANNA COMPANY provided always that no person shall have any lands laid out to him, or shall be received into any township as a proprietor, until he brings a Certificate from the Clerk of this Comp'y that he is a proprietor and has paid all the taxes due on his rights or otherwise Satisfy the Committee now appointed to lay out townships, that they are proprietors in said purchase, and have paid all the taxes due on their said rights; or if any taxes be due, that they pay the Same to the said Committee for the use of said [20 Settlers must occupy each Townp. within 2 years.] Comp'y; and that there shall be twenty settlers, settled within each of said townships within two years from the time of laying out the same, in order that said proprietors of said Townships shall hold the same. Also, Voted, that if there shall be more of the agrieved settlers that shall appear by the time aforesaid to settle on said lands, the said Committee are hereby empowered to lay out a township on Muncy Creek, of [Suffering Townp. on Muncy Creek.] six miles square, to fifty-three proprietors, if so many shall appear by the time aforesaid, to be laid out into fifty-three shares and if not filled up by such suffering settlers the other shares to be filled up by the proprietors that come on to settle on their original rights Except the three public rights reserved for public use to be under the same regulations that the other townships are. _ _ _ At a meeting of the Susquehanna Company held at Hartford, April 22, 1773. Whereas there are many memorials and Complaints now Exhibited to this meeting of interesting Consequence to the settlers, and this Comp'y is not furnished with proper Exhibits justly to determine the same, it is now thought best and-- Voted, to refer the Consideration of all the aforesaid Complaints and Memorials to the Consideration of this Comp'y at their Adjourned Meeting in June next, and that there shall be a letter of advice wrote to the Settlers on said Susq'a land, advising them of the time of the adjournment of this meeting, and that they endeavor to make an amicable Settlement of all their plaints and grievances, and that the settlers appoint a proper Committee to appear at said adjourned meeting, and inform said meeting relative to said Complaints, that they may be heard and Equitably redressed, if not settled before. Upon the memorial of Elisha Williams, Thomas Bollding (Baldwin) and Silas Dean, a Committee of the Town of New Weathersfield, Yalestown, Bethlehem, Judea, Charlestown and New Simsburg, on the West Branch on the Susquehanna River, <87> CLAIMING LANDS IN WYOMING. in part of their general rights in said purchase, praying that they may have a township granted to them on the said West Branch of said River, to settle on Compact together, in order to secure said West Branch. [Settlements on the West Branch.] Voted, that the proprietors of said Township, shall have one Township of land laid out on the West Branch of said river, in some proper place, for the security and defense of said West Branch, Six Miles Square, and that the proprietors of said Township shall forthwith settle on said Township to the number of 120 settlers, and hold and keep said Township in opposition to any claim but the claim of this Comp'y; and that said township now granted, shall be considered as one of the three townships formerly granted by this Comp'y, on the West Branch of said river, to be settled for the security and defense of our said purchase, and that this so settling and defending and holding said township now granted, shall be considered and allowed in lieu of the settlements on the above township, according to the votes of this Comp'y; and to delay the settlement on said township for the term of five years, or to settle sooner, if it can be done with safety to themselves and the Comp'y. [Civil Government prayed for.] Voted, that Col. Elizur Talcut and Sam'l Gray, Esq., as agents for this Comp'y prefer a memorial to the Honorable the General Assembly of the Colony of Connecticut, to be held at Hartford in May next; representing that the great difficulty that the settlers of the Susq'a purchase are under for want of Civil government and authority, praying that Civil government may now be appointed for, and among the settlers on the Susquehanna purchase. Whereas, there is some difficulty with respect to the votes relative to the township of Hannover, and the number of said settlers to be placed in said township, it is the understanding of this meeting, that by the votes of this Comp'y, Capt. Lazarus Stewart and William Stewart and their associates, should have the direction of filling up said town of Hanover, and that there shall not be less than thirty-six settlers on said town to hold the same, the regulation of said town to be nevertheless under the Control of this Comp'y, as the other towns are. Whereas, there were three townships of land formerly granted as a gratuity for the encouragement of settling on the West Branch of Susq'a River which are not yet taken up; And whereas, this Company have now granted one of said townships to the proprietors of the New Weathersfield, &c. It is now voted, that the vote of this Comp'y, with respect to the other two townships be and the same is hereby reconsidered, and made null and void. <88> MINUTES OF THE SUSQUEHANNA COMPANY Whereas, this Comp'y did at their meeting held at Windham, Oct. 9, 1771, order one hundred rights or whole shares in our said purchase on Susq'a to be sold, which rights are in part sold, It is now Voted, that the clerk of this Comp'y shall apply to those persons that were appointed to sell said rights, and know what are sold, and what yet remain unsold, and see that the same are settled, and the money paid in for the use of the Comp'y, and that there shall be no more rights sold in said purchase, but by one or more of the standing Committee of this Comp'y, and they not to exceed the number aforesaid with what has been sold. Voted, that the proprietors of any towns, who on Carefully Examining the situation of the lands they have pitched on, if disagreable, may have liberty to pitch or locate anew, not interfering with any prior pitch or [Locations may be changed.] location, and taking the same steps as formerly directed by this Comp'y by surveying and laying out the same. Voted, that the whole share proprietors shall have liberty to take up two fifty-third parts in the first town he shall come into, or one fifty-third part in the two first townships he shall come to. [Each whole share entitled to 2-53 of a Township.] And he that is a half share proprietor, shall have liberty to take up one fifty-third part in the town he shall just Come into, which shall be considered in future in laying out said rights, reserving three rights in said [Pitches to be observed.] township for public use, according to the former votes of this Comp'y. Voted, to adjourn this meeting to the first Monday in June next at Hartford. _ _ _ At a meeting of the Susq'a Comp'y, held by adjournment at Hartford, June 2, A. D. 1773. [Articles of agreement.] Whereas, we the subscribers, inhabitants of Connecticut in New England, in America already settled, and about to settle on certain lands on the river Susq'a in said Colony, by us and our associates some time since purchased of the original natives by and with the Consent of the said colony of Connecticut; And Whereas, the same lands are claimed to be within the jurisdiction of the Province of PENNA, and the Colony of Connecticut choosing to proceed with Caution and deliberation, have applied to counsel learned in the law, in Great Britain, for their advice therein, which at present the Colony have not received, by reason whereof we have as yet no established Civil Authority residing among us in said settlement; in Consequence <89> CLAIMING LANDS IN WYOMING. of which deficiency disorders may arise tending to disturb the peace and Harmony of the settlers as well as the peace of our Sovereign Lord the King which to remedy we have this day Come into the following heads of Articles of Agreement with each other: [Loyalty to the King of Great Britain.] First. We do solemnly profess and declare true and sincere allegiance to his Majesty King George III. and that no foreign Prince, person, prelate, potentate or State hath or ought to have any jurisdiction, power or authority, Ecclesiastical or Spiritual, within the realm of England. [Good behavior.] Secondly. We do solemnly promise and engage, that we will, so far as lieth in our power, behave ourselves peacably, Soberly and orderly, toward each other in particular, and the world in general. Carefully observing and obeying the laws of this Colony, as binding and of force with us equally and in all respects, as though we actually resided within any of the Counties of this Colony. [Duties of.] Thirdly. For the due enforcing such laws, as well as such other orders and regulations as shall from time to time be found necessary to be Come into by said Settlers and Company, We will immediately within each town already settled, and immediately after the settlement of those that may be hereafter Settled, choose three able and Judicious men among such settlers, to take upon them under the general directions of the Comp'y, the direction of the Settlement of each such town, and the well ordering and governing the same; to suppress vice of Every Kind, preserve the peace of God and the King therein, to whom each inhabitant shall pay such and the same submission, as is paid to the Civil authority in the several towns of this Colony. Such inhabitants shall also choose in each of their respective towns, one person of trust to be their officer, who shall be vested [Constable to be chosen.] with the Same power and authority as a Constable, by the laws of this Colony is, for preserving the peace, and apprehending offenders of a Criminal or Civil nature. [Directors to meet monthly.] Fourthly. The directors in each town, shall, on the first Monday of each month, and oftener if need be, with such their peace officers, meet together as well to Consult for the good regulating thereof, as well to hear and decide any differences [Court.] that may arise and to inflict proper fines or other punishment on offenders according to the general laws and rules of this Colony, so far as the peculiar Situation and Circumstances of Such town and plantation will admit of, and as the reforma- <90> MINUTES OF THE SUSQUEHANNA COMPANY tion of offenders is the principal object in view, always prefering Serious admonition and advice to them, and their making public Satisfaction by public acknowledgement of their fault, and doing Such public service to the [Trial and punisht.] plantation as the directors shall judge meet, to fines in money or Corporal punishment, which however in Extreme Cases, such directors shall inflict, as said laws direct. Fifthly. The directors of Each individual town or plantation, shall once Every quarter or three months, meet together, to Confer with each other on the state of each particular town in the Settlement, and to Come into Such resolutions Concerning them as they shall find for their best good, and also to hear the Complaints of any that may judge themselves agrieved by the decisions of the Directors in the several towns, who shall have right to appeal to such quarterly meeting. Sixthly. No one Convicted of sudden and violent breach of the peace, of swearing, drunkeness, stealing, gaming, fraud, idleness and the like, before the Directors of the particular town in which he lives, shall have liberty of appeal to such quarterly meeting from the sentence of such particular Directors, without first procuring good Security, to the satisfaction of Such Directors, for his orderly and Sober behaviour until such meeting, and for his submitting to, and Complying with, the sentence of such meeting. No one in matters of private property, shall have liberty of appeal from such particular Directors, to such quarterly general meeting of Directors, where the Controversy is not more than twenty shillings. Seventhly. Such quarterly meeting of the Directors shall appoint an officer statedly to attend them as Clerk to be appointed peace officer.] their clerk, who shall Carefully register their proceedings, also an officer in the character of a general peace Officer or Sheriff, who shall also attend them, and to whom the inhabitants of the whole settlement shall submit, in the same manner as the inhabitants of any County within this Colony by law are obliged, to their respective High Sheriff. Eighthly. All persons within Such Settlement accused of the high handed Crimes of Adultery, Burglary and the like, shall be arraigned before such quarterly meeting, and if Convicted shall be sentenced to banishment from such settlement, and a Confiscation of all their personal effects therein, to the use of the town where such offence is Committed; and should the still more heinous Crime of Murder be Committed, which God forbid, the offender shall be instantly arrested, and delivered into the hands of the nearest Civil authority of Connecticut, and should any person or persons be accused of Counterfeiting <91> CLAIMING LANDS IN WYOMING. [Counterfeiting.] the bills or Coins of any province on this Continent, and be thereof Convicted before such quarterly meeting, the Colony whose bills thereof are thus Counterfeited, shall have liberty to take such offender and punish him. He shall be instantly banished the settlement, and his personal effects Confiscated as aforesaid. And all persons Convicted or accused of any heinous Crime in any province on this Continent, and shall fly from justice, the inhabitants shall, as well Directors, peace officer and others, aid and assist their pursuers in apprehending them, that they may be duly punished in the government where they have offended. Ninthly. There shall be no appeal from the doings of Such quarterly meeting, or their decrees to the Susquehanna Comp'y in general, save when the property of land is disputed, in which Case the appellant shall first secure the appellee his Costs, if he make his appeal good before the Company. Tenthly. The Directors of each town shall make out and exhibit to their first quarterly Meeting a list of the rateable [This should be 11th assessment.] estates and polls of the inhabitants of each town, and such quarterly meeting shall have power to assess the inhabitants for defraying public Expenses, and also to enforce the assessments made in each particular town if need be. Eleventhly. The inhabitants of each town, to wit, all the males of twenty one years This should be 10th. and upwards, and a proprietor in one of the said towns, shall annually Meet on the first Monday in December, and choose [Elections.] Directors for said town, with their peace officer and other officers that shall be found necessary for the ensuing year, and the Directors, &c., that may now be chosen, shall have authority until new ones are Chosen, and no longer. Twelfthly. The law regulating the Militia of the Colony, shall be particularly attended to by the Directors of the respective towns, and [Militia Law.] the general regulation thereof as the particular Circumstances of the people require, shall be in the power of such general quarterly meeting. Also, we do Solemnly declare these and Such other regulations as we shall hereafter Come into, by and with the advice and Consent of the Susq'a Comp'y in full meeting assembled, to be of force and binding on us, and each of us, our heirs and assigns, until the colony of Connecticut shall annex us to one of the Colonies of this County, or make us a distinct County, <92> MINUTES OF THE SUSQUEHANNA COMPANY or we obtain from the said Colony, or from his gracious Majesty King George III, whose true and loyal subjects we are, powers of Government in Some more permanent method. And it is further agreed and voted, that the Directors in each of the several towns now Settled, and that shall be settled, Shall forthwith procure a Copy of the foregoing Agreement, which Shall be entered at large in a book for that purpose, and all the male inhabitants of the age of twenty-one years, shall personally subscribe the Same with their own proper names or Mark, and Strictly abide by, and fulfil the same, and such inhabitants or Settlers as are already Come in to Settle, or shall hereafter appear to Come in as Settlers, as shall neglect or refuse to subscribe to, and abide by, the foregoing agreement, shall not Continue there, nor be admitted as settlers on Said land. Voted, that the following persons be and they are hereby appointed Directors in the several towns hereafter mentioned, [Directors appointed.] until the first Monday in Decemb'r next, with the powers and authority according to the foregoing agreement, to wit: Major John Durkee, ü Capt. Zebulon Butler, ý for the town of Wilkesbarre. and Obediah Gore, Junr., | Phineas Nash, ü Capt. David Marvin, ý for the town of Plymouth. and Joseph Gaylord, | Isaac Tripp, Esq., ü Timothy Keys, ý for the town of New Providence. Gideon Baldwin, | Capt. Obediah Gore, ü Nathan Denison, ý for the town of Kingston. Parshall Terry, | Capt. Lazarus Stewart, ü William Stewart, ý for the town of Hanover. John Franklin, | Caleb Bates, ü James Brown, ý for the town of Pittstown. Lemuel Harding, | [Committee on Townships.] Voted, that Major Durkee, Capt. Zeb'n. Butler, Obadiah Gore, Junr., And Nathan Denison, or the Major part of them that shall be present at Susq'a, shall be a Committee to direct the laying out of townships to such proprietors as shall apply for the same, According to the votes of this Comp'y, and that those proprietors that have not settled and paid up the taxes due on their rights to the Clerk of this <93> CLAIMING LANDS IN WYOMING. Comp'y, Shall satisfy the Committee now appointed that they are proprietors, and shall pay all taxes due on said rights. Whereas, there is one particular Gentlemen in this Colony, a proprietor in the Susq'a purchase, that has done Sundry Services for this Company, for which he has had no Compensation, in testimony of our gratitude to him we do hereby authorize Eliphalet Dyer, Sam'l Gray and Jedediah Elderkin, Esq., a Committee, to give order for locating and laying to said gentleman, a tract of land to make a handsome and Convenient Settlement, in some place in said purchase, which shall not be any damage in laying out towns on said purchase, to be in part of said gentleman's proprietor's rights, not Exceeding 500 acres. Whereas, there is a Controversy between Abel Yarrington, Ichabod Hopkins and William Hurlburt respecting a settling right in the township of Plymouth, which was on the 4th day of Feb'y last settled by the Committee to said William Hurlburt, the parties appeared in this meeting, and mutually agreed to Submit the Controversy to Major John Durkee, Capt. Benj. Steavens and Mr. Noah Phelps, who undertook to hear the parties; and under their hands report, that they had determined said right in said Plymouth, to said Wm. Hurlburt, and the said Yarrington and Hopkins to be otherwise provided for by this Company. It is now Voted, that the said Wm. Hurlburt, shall have said right in said township of Plymouth, on his Continuing to do the duties due on Said right according to the vote of this Comp'y, and that the said Yarrington and Hopkins, be further provided for by this Company. Voted, that Major Durkee, Capt. Butler, Obediah Gore, Jun., and Nathan Denison, be a Committee, with three more persons Chosen by the Settlers of the Six towns, to be a joint Committee, to regulate the Settlement of said towns Consistent with the former votes of this Comp'y, and to redress those grievances that are agreed upon at this meeting, that are not particularly already provided with a Committee. To the Gentlemen of the Susq'a Comp'y in meeting Convened: We your Committee appointed to hear the Complaints and grievances Exhibited to this meeting and make report of the State of those grievances and make our report thereon, beg leave to Report, That we find that Stephen Rice has the legal and equitable title to the right in Plymouth that justly belonged to John Chase, who was killed at the retaking of the Fort at Wyoming, &c., and that Capt. Gore be good by the Company elsewhere. We further find that Major Durkee, Messrs. Vine Elderkin, <94> MINUTES OF THE SUSQUEHANNA COMPANY Ebenezer Gray, Jun., Andrew French and Capt. Ebenezer Backus have lost their rights, taken from them, and we are of opinion that they be provided by the Comp'y and each be made equal to a right in the township of Kingston, Computing the same according to the present value thereof, and that Capt. Zebulon Butler, Isaac Tripp, Esq., and Nathan Denison be, and they are hereby appointed a Committee, to determine the quantity of lands each of the above named persons shall have an equivalent to said right in Kingston. Voted, that James Forsythe shall be, and he is hereby restored to his Settling right in the township of Kingston that belonged to Joseph Funk. To the Gentlemen, Members of the Susq'a Comp'y in regular meeting Convened: Your Committee appointed to hear all persons agrieved or are sufferers, and report make of the State of those matters together with our opinion thereon. We find nothing different in the Case of Nash than there was found by the former Committee, viz: Doc. Wolcott, &c., but that Nash be Considered and admitted upon the right of James Ray and dealt with as Sufferers heretofore have been dealt with. We further find that Thomas Heath was accepted as a settler in the township of Plymouth, on the 6th day of March, 1772, and on the 16th of the same Month, Heath had a furlough to go after his family, who then were at Loyal Sock on the West Branch of the Susq'a river, and to return as soon as he could, which Heath with the greatest distress and difficulty, on account of His poverty, and the circumstances of his family, and the season, was prevented from getting to Wyoming until the 23d of May following, which was as soon as was possible for him to get there, and in the absence of Heath, the Committee, on the 22d of May, 1772, declared Heath's rights vacant, by mistake, as the Committee now agree, which right was given to one Frasler, who was then absent, which right was by the Committee declared vacant after eight months absence, immediately upon which the Committee put one Reynolds upon Heath's original right, by mere Mistake, when they supposed they had put Heath to his original right, but it appears Reynolds' name is put thereto, and it is our opinion that said Heath be quited in his original right. We also further report, that Mr. Wm. Stewart has lost that right given to him in Kingston; it is our opinion that Mr. Stewart be Considered by the Comp'y on that account elsewhere. We also find, that Caleb Bates ought to have his right in Pittstown, and upon his paying the 40 dollars agreed with the <95> CLAIMING LANDS IN WYOMING. Committee for which he be entitled to his right in Muncy Creek township, and not otherwise. We also further find, that Comfort Shaw forfeited his right by absence, and he has been provided for by the Committee in one of the suffering towns, which is all he deserves, in our opinion. We also further find, that Matthew Hollenback was one of Capt. Stewart's associates, but had so neglected his duty, that Capt. Stewart and his associates judged him unworthy, and have refused to allow him a settling right in Hanover, and we find no reason to dissent from Capt. Stewart's doings. We also further find, that the matters of Jeremiah Ross, and Enoch Judd, are so particularly Circumstanced, that Ross ought to be restored to his former right, and Judd be established in the right he purchased of Stevens, and that all disputes relating thereto Cease, and their title be amply secured to them respectively. We further find, Ezra Bewell, Gershom Breed, Gershom Hewitt, Benj. Hewitt, John Wooster, Gideon Lawrence, Ephraim Fellows and Joshua Whitney, have been sufferers, and are recommended to the favor of the Comp'y and provided for as they shall think fit, and that the matter of John Stevens, Eleazer Carey and Austin Hunt be Continued to some future meeting, all of which is submitted by Ebenezer Baldwin, Josiah Coles, Jos. Hurlburt, Gad. Stanley, William Judd, Committee. This report accepted. Whereas, Wm. Stewart is by this meeting voted out of his right in Kingston, it is now voted that the Committee for regulating the Settlement, shall see that the said Stewart has equivalent thereto. Voted, that the Committee of Settlers at Wyoming, viz: Capt. Zebulon Butler, Maj. John Durkee and Obadiah Gore, Jun'r, or either two of them, be directed to lay out to Capt. Judah Woodruff and his associates, a Township of land on the South Side of the West Branch of the Susq'a river, opposite the mouth of Pine Creek, to Extend up and down said West Branch, and to Extend as far south upon the side of the Mountain as land Can be found fit for improvement, to Contain the quantity of five miles square, including the Long Island so called, under the Same regulations as the other townships heretofore have been laid out. _ _ _ [Windham, March 9, 1774.] At a meeting of the Susq'a Comp'y lawfully warned and held at Windham, March 9, 1774. Col. Elizur Talcut, Moderator. Sam'l Gray, clerk. <96> MINUTES OF THE SUSQUEHANNA COMPANY Whereas, the General Assembly at their sessions in October last, required the several Companies and settlers who have made purchases of the native right to any part of the Western lands, within the limits of the Charter, and the Governor of Connecticut, as soon as may be done with Convenience to lay the state of their purchase before the General Assembly, that whenever the title to said lands is determined in favor of this Colony, that Such part of their respective purchases may be granted them as shall be a reasonable Compensation for the Cost, trouble and expense, in purchasing and settling the same, as by this assembly shall be thought fit and reasonable, as by records of said assembly may fully appear. The Committee of the Susq'a Comp'y in Consequence of such requisition have duly warned a meeting at Windham on the 9th day of March, 1774. When, and Where in said meeting, it is Voted, that Jedediah Elderkin, Nathan Wales, Junr., Sam'l Gray of Windham, AlEx'r Wolcott of Windsor, Esq., and Mr. Joseph Trumbull of Norwich, be a Committee fully to state the Comp'ys Claim to that part of said lands purchased by said Comp'y to the Committee appointed by the General Assembly at their adjourned Sessions in July last, or the General Assembly to be holden at Hartford in May next, or Such Committee as they shall appoint at that time for that purpose, agreeably to the requisition of the General Assembly aforesaid. And Whereas, the Expenses that may arise in disputing the Colony's title to the Western lands, are objected by many against the Colony's prosecuting their title, to obviate such objections as far as may be equitable, taking into Consideration the great Extent of the lands lying west of this Colony's Claim and within the limits of the Charter. Voted, that said Committee be, and they are hereby directed, to propose to the General Assembly, or their Committee, that this Comp'y have now voted a tax of 24s lawful Money on each whole share, and 12s on each half share in this Company's purchase which will amount to £1600 lawful money, to be paid into the hands of the Comp'ys Treasurer, to be by him paid over to the Colony's Treasurer, by the first of Jan'y next, towards defraying Expenses already arisen or that may hereafter arise, in the dispute with Mr. Penn, Concerning said lands, and as an equitable Consideration for the Crown title to the lands within the said Comp'ys purchase, and in Case any of the proprietors of this Comp'y shall not punctually pay up the said sum of 24s on their whole right or share, or 12s on their half share or right by the first of Jan'y next, they shall forfeit their said rights or shares to the Colony; except orphans, or such as <97> CLAIMING LANDS IN WYOMING. may be absent beyond the sea; provided only that the Colony prosecute their Claims to their Western lands within the limits of their Charter, and grant the said Comp'y the Crown title to the land within their purchase. Voted, to raise 24s on each whole share, and 12s on each half Share, for the purpose mentioned in the foregoing vote. Whereas, by the votes of the Susq'a Comp'y, no person has any right to take up any lands in the Susq'a purchase, but such as obtain a Certificate according to the votes of Said Comp'y that such person is a proprietor in said purchase, duly admitted, and hath duly paid all the taxes granted by said Company, and Whereas, it is said that the names of Sundry persons are inserted in the deed to Said Comp'y of the Indian title, who have never Claimed any interest therein, or paid any taxes granted thereon, and who though named in Said Deed, or enrolled in the records of said Comp'y have treated the Same with neglect, and wholly failed to pay their taxes, and are now moving for liberty to pay their taxes, and to have Certificates granted so as to enable them to take up lands, and Whereas on Consideration of the Case, it appears to this meeting, that the taxes granted amount to but a Small part of the Expense which those proprietors have been at who have been active in presenting the Claim of said Company to said lands. Yet, nevertheless, this meeting being desirous of promoting harmony among the proprietors, and willing that all who are now desirous Should be benefitted by their purchase, do therefore vote, That whenever any person named in Said deed, or Enrolled in said records, who have neglected to pay their taxes aforesaid, shall apply to the Clerk of Said Comp'y for a Certificate on the following Conditions, namely: That such persons so applying pay to the Treasurer of said Comp'y for the use of Said Comp'y, all the taxes granted by said Company, and the lawful interest thereon, and also a further sum of £10 lawful money, Excepting only orphans and those absent beyond seas or other equitable good Cause who shall be admitted on paying the whole taxes due and interest due thereon, and Whereas, it is said that Some of the proprietors who have actually paid their taxes, or some part of them, by which they were justly entitled to an interest in Said purchase, and others have purchased rights and taken receipts, and have also paid those taxes granted subsequent to their purchase, and by some accident have lost their receipts and are thereby prevented from obtaining Certificates according to the votes of Said Comp'y, whereby great injustice is likely to happen, which to prevent, it is Voted, That whenever any person shall have lost any receipt or receipts as aforesaid, such person may make application 7-VOL. XVIII. <98> MINUTES OF THE SUSQUEHANNA COMPANY unto any two or three of the Standing Committee of said Comp'y, who shall have full power to Enquire into the matter, and if said Committee, or any two of them, shall be satisfied that such person has been duly admitted a proprietor in said Comp'y, and has paid the taxes in part, or in whole, Said Committee shall Certify to the clerk that such person is a proprietor, and what part, if any, of the taxes appear to be due, which Certificate being produced to the Clerk and the balance of taxes (if any there be) being paid, and the interest thereon, the Clerk or others authorized thereto, shall give such person a certificate, Certifying that such person is a proprietor, and hath paid his taxes, whether his name is inserted in the deed or records or not; and if such person's name is not inserted in the deed, &c., the Clerk shall enroll the same in the records of said Comp'y provided that those persons that Come within the first part of this vote, do apply to the clerk of the Committee of this Comp'y, and Comply with the tenor & Condition thereof, on or before the first of Jan'y next. Whereas, this Company formerly Voted that those proprietors that should survey and take up townships on their rights in the Susq'a purchase according to the votes of this Comp'y shall have twenty settlers settled in such towns within two years after the laying out of such towns, and whereas, the settlers have met with such opposition and hindrances that it has not been possible for said proprietors to settle on such towns within said term and that great opposition still remains. It is now Voted, that the proprietors that have or shall take and lay out towns in said purchase according to the votes of this Comp'y, shall have three years from the time of taking up and [Time of filling up Townships Extended to 3 years.] Surveying such towns, to Carry on and settle twenty settlers, Mentioned in said vote. Whereas, Matthew Hollinback is one of the associates of Capt. Lazarus Stewart and Wm. Stewart, and ought to be one of the thirty-six Settlers to whom the township of Hanover was granted as a gratuity, and drew in said town the lot Number five and the Said Stewarts have pretended to Exclude said Matthew Hollinback from his said right, upon a report of a Committee for that purpose appointed. It is now Voted, that the said Matthew Hollinback shall have and enjoy his said right in said township of Hanover, viz., his lot No. 5, with all the after divisions in said town to be laid out to said lot No. 5, in Equal proportion with the proprietors in the said town of Hanover. Voted twenty dollars to Mr. Speedy. <99> CLAIMING LANDS IN WYOMING. Voted, that Wm. Judd, Increase Mosely, Silas Dean, John Owen and Eliphalet Whittlesey, be added to the Standing Committee. Voted, to print Doctor Stiles' piece. Adjourned to meet at Hartford, on the 24th of May next. _ _ _ At a meeting of the Susquehanna Company held by adjournment, at Hartford, May 24, 1774. Elizur Talcut, Moderator. Sam'l Gray, Clerk. Voted, that Benj. Stevens, Josiah Cowles, Benj. Yale, Jon'a Root, Aaron Cleveland, Wm. Judd, Gad Stanley and Jos. Slewman, be a committee to hear and Consider sundry Complaints and matters of grievance now preferred to this meeting. We the subscribers, being appointed to hear, Examine and redress, the grievances of Thomas McClure wherein said McClure Complains that his settling right in Kingston No. 36, &c., was voted to James Forsythe in June, 1773, beg leave humbly to report, That Thomas McClure be restored to the above settling right in Kingston, and quieted in possession thereof, and that James Forsythe be quieted in the suffering right in the six miles square at Muncy Creek; as we find his name enrolled among the sufferers in that township, which enrollment was made in lieu of the above right after it was voted to the above named McClure, appeared by evidence laid before us, and we also find that the above named Forsythe was duly notified to appear at the meeting. All of which is submitted to your wise Consideration. BENJ. STEVENS, JOSIAH COWLES, BENJ. YALE, GAD STANLEY, JOS. SLEWMAN. The foregoing report is accepted by this meeting, and ordered to be recorded, and the parties to be Concluded thereby. To the Gentlemen proprietors of the Susq'a purchase in meeting Convened: Your Committee appointed to hear, Examine and adjust the several grievances now lying before said meeting, having heard the Complaints, Examined and adjusted the same, beg leave to report: That the Matter of Capt. Lazarus Stewart and associates against Matthew Hollinback, be and remain as it was last settled by the Susquehanna Company, until the parties shall be duly heard before the Comp'y, or they be duly Cited to appear before the Comp'y. As to the matter of the Survey made to Lazarus Stewart at Wapwallopen, and afterwards located to others, We are of opinion, doth not fall within the authority given us by the Comp'y, neither Can we find any vote of the Susq'a Comp'y au- <100> MINUTES OF THE SUSQUEHANNA COMPANY thorizing any Committee to locate or Survey any lands within the purchase, but such lands as are within the limits of Some town, taken up pursuant to the votes of the Comp'y. It appears that, Slocum accepted a right in Providence in lieu of a right in Pittstown in behalf of Mr. Updike and ought to be Content therewith. It appears to us that Mr. Elijah Shoemaker has had meet recompense in one of the suffering towns, for the rights he lost at Kingston or 40. We are of opinion that the right Rob. Frazier has had, and disposed of in Wilkesbarry, is a sufficient Compensation of all that he has done for the Company. John Steavens and Son have been duly provided for by the Committee of Settlers at Westmoreland, the Father having had a right in Wilkesbarry, and the Son in Providence. As to the Complaint of Mr. Ebenezer Newton, we apprehend by the votes of the Susq'a Company, by his own neglect has justly forfeited all further favor from the Company. We further recommend to the Consideration of the Susq'a Comp'y, whether it is expedient that any particular location or Survey be made by any particular person or persons, out of the limits of Some town laid out pursuant to the votes of the general Comp'y, and whether any such survey as has heretofore been made, be Confirmed by the Comp'y. All of which is submitted by your humble servants, BENJ. STEVENS, JOSIAH COWLES, JON'a ROOT, AARON CLEVELAND, JOS. SLEWMAN, GAD STANLEY, and WM. JUDD, Committee. The foregoing Report is accepted by this meeting, and ordered to be recorded, and the parties to be Concluded thereby. To the Gentlemen proprietors of the Susq'a purchase in meeting Convened: Your Committee appointed to hear and Consider the petition of James Bidlack, now lying before this Meeting, wherein he prays to be restored to the right that was originally Jeremiah Ross's, or to his original right in Plymouth, and having heard the evidence in the Case, and fully Considered of the Matters, are of opinion, that the said Ross be quieted in the possession of his said rights agreeably to the votes of this Comp'y on the 2d day of June last, and as to the said Bidlack being restored to his original right in Plymouth that he made over to Uriah Marvin, we are of opinion that it is out of our province to Consider, as said Marvin was not Notified of Said petition. All of which is submitted by your humble servants. GERSHOM REED, BENJ. STEVENS, JOSEPH COWLES, Committee. <101> CLAIMING LANDS IN WYOMING. The foregoing Report of the Committee was accepted by the Comp'y, and ordered to be recorded, and the parties to be Concluded thereby. Wm. Whiting, Esq., &c., Memorial for Warwick. On the memorial of Wm. Whiting, Esq., and proprietors of the town of Warwick, on the east Branch of the Susq'a river, showing to this meeting that they had pitched upon a tract of land on the Southerly side of said river, at a place Called Nescopeck Falls. Said purchase about 2 1/2 miles wide from said river to the mountains, and ten miles long, Surveyed to Zachariah Lothrop on the 8th of November, 1773, containing the quantity of twenty-five square Miles, praying that the said survey of Said town May be accepted and approved of by this Comp'y, as though the same had been laid out five Miles Square, according to the votes of said Comp'y, as per Memorial on file dated March 9, 1774. This meeting, having duly Examined and enquired into the quality of the land lying Southerly of the Said 2 1/2 Miles from the river, which appearing from the evidence to be Mountainous and unfit for Cultivation, do thereupon accept and approve of the survey made by the said Lothrop of said town of Warwick, as though the same had been laid out 5 miles Square. Voted, that all those pitches of land at Susq'a without the limits of any town that have already been Made, shall not be good nor valid, nor of any influence without the grant and approbation of this Company. Whereas, Ebenezer Watson, Printer at Hartford, in his paper of the 5th of April, 1774, published false and Scandalous accounts of, and Concerning the Susq'a Comp'y without any Just foundation therefor, and being Called upon to disclose his author, refused to do it. Voted, that the Standing Committee of this Comp'y be, and they are hereby authorized and fully empowered, to pursue such measures against said Watson, as they shall judge necessary for the credit of said Company. Voted, that Benj. Steavens, Isaac Lawrence and Elisha Baker, be, and they are hereby appointed a Committee to hear those persons that have paid Money or taxes that have lost or did not take receipts for Money paid for the use of the Comp'y, and give proper Certificate to the Clerk thereof. Voted, that Zebulon Butler, Esq., and Mr. John Jenkins be, and they are hereby appointed a Committee at the Expense of this Comp'y, to look out the best place for a road from the east Branch, in the most Convenient place to the town of the West Branch of the Susq'a river, and to Cut a horse road in such Convenient place as soon as may be, and the expense to be paid <102> MINUTES OF THE SUSQUEHANNA COMPANY out of the Monies in the hands of Capt. Buter and the other Committee of Settlers at Westmoreland. Voted, that each of the towns that are pitched in Said purchase, shall as soon as they Can with Conveniency, transmit to the Committee of settlers at Wyoming an Exact list of the persons and their names that are proprietors in such towns, and such towns as are not filled up according to the vote of Said Comp'y, may be filled up by order of the Committee for directing the Settlement of said towns; Such persons paying their Just proportions of the Expense of taking up and laying out said town. A true Copy of Record, Teste Sam'l Gray, Clerk. _ _ _ At a meeting of the proprietors of the Susq'a Comp'y legally warned and held at Hartford, Nov'r 13, 1782. [Chosen Agents jointly & severly to act for this Company.] Elizur Talcut, Moderator. Sam'l Gray, Clerk. Eliphalet Dyer, Esq., Wm. Sam'l Johnson, Esq., Jesse Root, Esq., Sam'l Gray, Wm. Judd, Agents for this Company, to make all preparations that are yet necessary to be made, and do any other thing necessary for the benefit of said Company. _ _ _ Nov. 14.--Voted that Elizur Talcut, Esq., and Phineas Lewis, be Collector for the County of Hartford, Dan'l Lyman, Esq., for the County of New Haven, Thomas Morgan of Killingsworth and John Owen of New London, for the County of New London, Nehemiah Depew, for the County of Fairfield, Sam'l Gray, for the County of Windham, Abram Bradly, Esq., Jonas Lawrence, Collectors for the County of Litchfield, Obediah Gore, Esq., Collector of Westmoreland County. Voted, that Col. Eleazer Talcott shall have one full right in said purchase for his Extra services. That the Committee of this Comp'y or either three of them, be and they are hereby appointed and fully authorized and Empowered, to make out proper and authentic power of Attorney, or Commission to the agents appointed at this meeting, namely, the Hon. Eliphalet Dyer, Esq., Wm. Sam'l Johnson, Jesse Root, Esq., jointly and Severally, or any number of them, to manage and transact all manner of business to be done and transacted on behalf of the said Company before the Com- <103> CLAIMING LANDS IN WYOMING. missioners appointed to hear and determine the right, title and jurisdiction, and such like between the state of Connecticut and the State of Pennsylvania as to the lands west of the Delaware river, part of which land is Claimed by this Comp'y, and seal and authenticate such power or Commission on behalf of this Company. Voted. Whereas, the trial of the right of the State to the Western lands is soon to be decided, and the interest of this Comp'y is Concerned therein, and it is uncertain whether the taxes already laid by this Comp'y will raise monies sufficient to defray their proportion of the Expense of the trial in Season and, therefore, Voted and resolved, that the Committee of this Comp'y be, and they are hereby empowered to sell rights in said Comp'y, not Exceeding 50 shares, at Such prices as they shall judge fit, in case in their opinion it becomes necessary to raise further sums of money than are already granted, or the taxes shall not be raised in season to answer the necessary Expenses in Carrying on the trial of the Cause. Voted, that the Collectors appointed at this Meeting to Collect of the proprietors of the Susq'a Comp'y the 4 dollars tax granted in March, 1774, and the said Collectors are hereby directed to Collect the said tax, and to account with the Treasurer of the said Company for the same by the 30th day of Dec. 1782; and that the rights of all proprietors that neglect to pay their respective taxes to the Collectors appointed in the County where the said proprietors reside, by the 20th of Decem'r aforesaid, will be sold in pursuance of an act of the General Assembly of the state of Connecticut, passed in October last, and that all Collectors heretofore appointed to receive the taxes granted by the Susq'a Comp'y, be and they are hereby Called upon immediately to settle with the Treas. Of said Comp'y, and that all proprietors who have not paid the former taxes, be directed to pay the Same to the Collectors named in their vote, and that this vote be published in all the Newspapers in this State, as soon as may be. Voted that this Comp'y to give and grant to the Hon. Eliphalet Dyer. Wm. Sam'l Johnson and Jesse Root, Esq., to each of them, their heirs and Assigns, one whole right or share in the Susq'a purchase of land, as a gratuity to them, and that Sam'l Gray, Clerk, to this Comp'y, give to each of said gentlemen a proper Certificate therefor. Voted, that a triangular tract or piece of land situate on the Mountain, on the west side of the East Branch of the Susq'a river, abutting on the towns of Kingston, Plymouth, Bedford and Northmoreland, be and the same is hereby appointed and set out to Major Wm. Judd, for such proportion of land in <104> MINUTES OF THE SUSQUEHANNA COMPANY the Susq'a purchase as the Committee of Settlers, or either two of them, shall judge the same to be equal in value Compared with the Susq'a purchase at large; and that the said Judd be debarred from any Claim for such right, rights or parts of rights, belonging to him the said Judd in the Susquehanna purchase, that may be esteemed equal to the grant aforesaid, and Considered as laid upon the land aforesaid, that the said granted premises be, and the same are hereby fully apparted from the general interests of the Comp'y, and to be enjoyed by him the said Judd and his heirs, in severalty. Voted, that the Committee, Sam'l Gray, Esq., and Major Judd, be desired to address the Governor and Legislature of the Commonwealth of Massachusetts, desiring them to furnish such documents and papers to be found in the Records and files of that State, which will reflect any light on the cause depending between the States of Connecticut and Pennsylvania, and the Susq'a Comp'y; and inform them, that if the Commonwealth on their behalf should see fit at their Expense to appoint any person to attend that trial, the Comp'y have directed their Committee to furnish him with a power of Agency in behalf of the Comp'y, and the Committee are empowered to do the Same. _ _ _ At a meeting of the Susq'a Comp'y legally warned and held at Hartford, May 21, 1783. Eleazer Talcott, Esq., Moderator. Sam'l Gray, Clerk. Adjourned till 2 o'clock. Col. Tolcott, ü Gen. Parsons, ý Committee. Sam'l Gray, | A Committee to lay in a Memorial to the General Assembly now Sitting at Hartford, in behalf of the Susq'a Comp'y, that said Assembly would desire Doc. Johnson and Col. Root, agents for this State, to give said Assembly an account of the trial of the Cause between this State, and the State of PENNA, at the Court holden at Trenton, Nov., 1782. Voted, that this Comp'y are determined to pursue their just Claims to the lands Contained in our Deed from the Indian Native proprietors, of the Susq'a lands, and make application to the Hon. Continental Congress for a proper Court or Commission to hear and determine the Same according to the 9th Article of the Confederation of the United States; and that they will use all lawful means in their power, to maintain the <105> CLAIMING LANDS IN WYOMING. present settlers in their possessions until the Congress appoint a Court, and that Court determine the right of Soil between this Comp'y and Pennsylvania. And that the Standing Committee, or any three of them, be desired to warn a Meeting of the Susq'a Comp'y, to meet at Hartford as soon as it is Convenient, giving three weeks' notice in the public papers of the time and place of said meeting, to choose an agent or agents to represent Said Comp'y at Said Congress and Court, and to make all necessary preparation therefor, and the proprietors are desired to be present at said meeting by themselves or their agents. This is a blank in the Copy. _ _ _ At a meeting of the proprietors, purchasers and Settlers, of the land on the Susq'a River, under the Countenance and title of the state of Connecticut, legally warned and held at Hartford, July 13, A. D. 1785. The meeting taking into Consideration the Situation of their Claim, the large sums of money Expended in the purchase, settlement, and defense of the same, and the justice of their Claim to the said land, do Resolve 1st. That the purchase they made of the Indian native proprietors of said land, was fair bona-fide, and for a valuable Consideration, paid previous to any other purchase of Said land from Said Indians. 2nd. That at the time of Making Said purchase there was not, nor ought there ever have been, a doubt respecting the right of Connecticut to the jurisdiction and preemption of that Territory, the charter and Letters-patent of Connecticut being in fact eighteen years prior to the patent to Sir William Penn, which in terms most Explicit did cover said land. 3d. That in Confidence in the Charter of Connecticut, which they judged to be sure and sacred as the Solemn acts of any public body Can be, and with the Countenance and approbation of the Colony of Connecticut, they made the purchase and Settlement aforesaid; and have at vast Expense of blood and treasure, purchased and defended their possessions against the Common enemy, to the great emolument and Security of the United States. 4th. That although the Court Constituted to determine the right of jurisdiction between the States of Connecticut and PENNA, have astonished the world with the decision in favor of Pennsylvania, yet our right to those lands in possession, are <106> MINUTES OF THE SUSQUEHANNA COMPANY founded in law and Justice, is Clear and unquestionable, and we cannot, and will not give it up. 5th. That the Conduct of the State and people of PENNA towards the proprietors of the lands on the river Susq'a in consequence of the Decree of Trenton in A. D. 1782, was impolitic, unjust and tyranical and has a tendency to interrupt the harmony of the States. Voted, that this Comp'y will support their claim and right of Soil to all lands lying on the waters of the river Susq'a, included in their deed of purchase from the Six Nations of Indians, native owners & proprietors thereof, and Confirmed to said Comp'y by the Legislature of the State of Connecticut, agreeably to the laws of said State, and that the Committee of Said Comp'y be, and they are hereby authorized, to dispose of all non-resident delinquent proprietors' rights who have, or shall neglect to pay their taxes agreeably to the votes of said Comp'y, taking the previous steps pointed out in the act of Assembly regulating the same. Voted, that this Comp'y will support the proprietors, owners, Settlers and Claimants of the Country aforesaid, in their new application to Congress for a trial of the right of Soil, agreeable to the 2d paragraph of the 9th Article of the Confederation of the United States of America, and that we will protect our Settlers in said Country, from all lawless outrage, unjustifiable and wanton depredations of property or personal abuse whatever, under Countenance of law or otherwise, until Such right is Judicially determined. Voted, that every able bodied and effective man approved by any one of the Comp'ys Committee, not being a proprietor, and that will repair to Wyoming, submit himself to the orders of this Comp'y and their Committee at this place, shall become a half share man proprietor in said Company, entitled to [Half share men.] all the benefits of any proprietor thereof that has paid his full taxes to this time; provided he remains in Said Country for the space of three years and does not depart therefrom without the permission of such committee, and also, provided that such half share proprietors do [Limited to 400.] not Exceed 400, and provided they arrive by the first day of October next. Voted, that Col. Ebenezer Gray, Col. Thomas Dyer, Ralph Pomeroy, Esq., Timothy Edwards, Esq., Mr. Moses Sherrard, Joseph Hamilton, Esq., Zera Beach, Esq., Col. Zebulon Butler, John Franklin, Esq., Ludwig Updike, Esq., Obadiah Gore, Esq., and Capt. Sam'l Street, be and they are hereby appointed a Committee, in addition to the standing Committee of the Company. <107> CLAIMING LANDS IN WYOMING. Voted, that the Standing Committee be and they are hereby full authorized to dispose of six hundred rights in said general Tract of Country, for the use of said Comp'y using their discretion therein, and [600 rights to be disposed of.] to amount when required, and the Clerk of said Comp'y is hereby directed to furnish said Committee with such number of Certificates as they or any of them shall require, not to exceed the number of Six hundred in the whole, each Committee man to be accountable for the number he receives. Voted, that this Comp'y will Circumspectly conform themselves to all decisions of their Claim Constitutionally had; but at the same time Cannot omit despising the treatment this state met with upon a former trial, the Secretion of material papers by our opponents until after the trial was over ; and being fully assured, the New England Ancient Royal Charters were the only ground of the Northern and Western Extension of the United States, in the Settlement with the late peace with Great Britain, as far south as the Completion of the 40th degree of North Latitude, Cannot Content themselves with idle speculation only, and tamely yield a tract of Country; the grant of their ancestors, that purchased themselves, Established by the only Legislature on Earth that had right to Confirm the same; and defended through a long and cruel war, at an amazing expense of property, and of more than 1000 lives. Voted, that the Clerk of the Committee furnish each Committee man with a list of the names of the proprietors, and the sums due from each, for taxes already granted. Voted, that the Treasurer forthwith Call on all receivers of Taxes and other, to account for the monies by them received. Voted, that the Hon. Wm. Sam'l Johnson and William Judd, Esq., be and they are hereby appointed agents in behalf of this Comp'y, in all matters wherein this Comp'y is interested, before Congress or Elsewhere; and that the Clerk of this Comp'y be and he is hereby authorized to make out a proper power of Attorney, fully authorizing said Wm. Sam'l Johnson and Wm. Judd, Esq., for the purpose aforesaid, and they have a joint and several Authority in all matters wherein the interest of this Comp'y is Concerned, and that the Treasurer be directed, and he is hereby directed, to furnish such sums of Money to said Agents as may be necessary for the purpose of this agency, and they shall draw upon him accordingly. Voted, that the Standing Committee be receivers of all Taxes granted by said Comp'y and account with the Treasurer when thereunto required. Voted, that the Clerk of this Comp'y advertise in the public prints, that any person Claiming a right in this purchase, <108> MINUTES OF THE SUSQUEHANNA COMPANY shall send in the Evidence of his title to the Clerk of said Comp'y by the first of November next, or be forever Excluded from any right in the purchase. Voted, that any three of the Standing Committee here, have authority to Call a meeting of the Comp'y whenever the Exigency of the Case may requires the Same. Voted, hat a tax of one dollar on each whole share, and half a dollar on each half share, be immediately paid to the Treasurer of this Comp'y, or any of the Standing Committee. This meeting is dissolved. _ _ _ At a meeting of the Susq'a Comp'y held at Hartford, May 17, 1786. Col. Elizur Talcott, Moderator. Sam'l Gray, Clerk. There Voted, that all persons settled under the authority of the State of PENNA, now actually inhabiting upon that Tract of Country situate upon the Westerly waters of the Susq'a River, and purchased of the natives by the Comp'y Called the Susq'a Comp'y, be and the same are hereby fully Established and Confirmed, with full and absolute possession of the lands by them actually possessed, under said State of Pennsylvania (P. A. 1780-90, P. 114). Voted, that this Comp'y Conscious of the Equity of their title to the lands bona fide purchased of the Natives, and Situate upon the waters of the River Susq'a, will support and maintain their Claims to the lands aforesaid, and effectually justify and support their settlers therein. Voted, that Sam'l Gray, Esq., Col. Thomas Dyer and Col. Ebenezer Gray, be and they are hereby appointed a Committee, with full power and authority to make out a list of all such persons as are proprietors of the said Comp'y, and have paid their taxes agreeably to the votes of the said Comp'y, and that all persons that have neglected to pay their taxes, and shall neglect to pay the Same by the first day of September next, shall, and the Same are hereby Excluded from any right, interest or property, within the Territory aforesaid; Said list to be Completed by the first day of November next. Voted, that the Committee of the Said Comp'y be, and hereby are fully authorized, to apply to the Honorable General Assembly of this State for such justice as shall be due to said Comp'y and for such other advantages, benefits, and emoluments as said Assembly may see Cause to grant to the said Comp'y; and further to do, and transact other matters necessary to be done <109> CLAIMING LANDS IN WYOMING. for the benefit of said Comp'y, according to their best discretion. Voted, that Col. John Franklin, Gen'l Ethan Allen, Major John Jenkins and Col. Zebulon Butler, be and they are hereby appointed a Committee, with full power to locate townships within the Territory aforesaid, agreeable to the votes of the said Comp'y, in the room and stead of the former Committee appointed for that purpose, and the Said Committee are also hereby fully authorized and empowered, to inquire into the Claims of all persons now settled at Wyoming, and such as shall make out their Claims in pursuance of the votes of the said Comp'y, said Committee are hereby authorized to quiet them in such lands as they shall find them justly entitled to agreeably to the votes of said Comp'y; and that Col. John Franklin be and is hereby John Franklin appointed clerk of Standing Committee. Appointed Clerk of said Committee, and directed to keep fair records of the proceedings of said Committee, and the transfers of all property in said settlement, and that Said Clerk transmit from time to time, fair Copies to the Clerk of this Comp'y, of all such locations of townships, and the names of such as shall be admitted proprietors by such Committee in virtue of the authority aforesaid. Col. John Franklin was duly sworn, faithfully to Execute the Said office of Clerk of said Committee, according to the above vote, before Sam'l Gray, justice of the peace. _ _ _ [Hartford, Dec. 26, 1786.] At a meeting of the proprietors of the Susq'a purchase, duly warned, and held at the State House in the City of Hartford, December 26, A. D. 1786. Col. Gad Stanly, Moderator. Joel Barlow, Clerk pro tem. Several public papers and private letters relative to the present situation of the settlers at Wyoming, were read. It was then moved, that a Committee be appointed to prepare the business for to-morrow, and that this meeting adjourn to that time; Accordingly, Major Judd, Mr. Pomeroy, Mr. Hamilton, Mr. Beach, Mr. Barlow, Mr. Benton, Mr. O. Wolcott, Mr. A. Wolcott and Mr. Hosmer, were appointed. The meeting adjourned till 10 o'clock to-morrow Morning. _ _ _ [Dec. 27.] December 27. The meting opened according to adjournment, and the Committee reported. Whereupon the following Resolves were passed: Whereupon the following Resolves were passed: Whereas, it is an object of great importance that the rights <110> MINUTES OF THE SUSQUEHANNA COMPANY of the proprietors under the Susq'a purchase be ascertained and the Claims of the Settlers be reduced to a Certainty and their titles Confirmed therefor. Resolved, that Major Wm. Judd, Sam'l Gray, Esq., Joel Barlow, Esq., Oliver Wolcot, Junr, Esq., Al. Wolcot, Junr., Esq., Col. Gad. Stanley, Jos'h Hamilton, Esq., Doc. Tim'y Horseman, Col. Zeb'n Butler, Col. Nathan Denison, Obadiah Gore, Esq., Col. John Franklin, Zerah Beach, Esq., Capt. Simon Spalding, Maj'r John Jenkins, Maj. J. Paul Schoots, Abel Pierce, Esq., Capt. Jn'o. Bartel, Capt. Peter Loop, Junr., John Bay, Esq., Col. Ebenezer Gray, be and they are hereby appointed a Commission, and authorized with full power to ascertain by reference to the records of the Clerk of the Susq'a Comp'y, and the records of the settlers at Wyoming, the names of the proprietors Claiming under Said purchase, that as soon as may be they make out a fair and complete list of the names of all the proprietors, and annex thereto the proprietor of land to which they are severally entitled. That as soon as said list shall be Completed, it shall be entered at large on the records of the Commissioners, and shall be Considered as full and Complete evidence of the title of the Said proprietors. That the said Commissioners shall thereupon make a scrutiny of Every person Settled upon said lands, and that such settlers as shall appear to have been proprietors, heirs or assigns of proprietors, shall immediately procure the locations to be surveyed and ascertained, which after being approved by said Commissioners, shall be recorded as parcel of their proprietary right. That whenever it shall appear that any Settler or proprietor, has made a location by permission, and under authority from any proprietor, or the Company, the quantity of land located, shall be Surveyed as aforesaid, and if approved by said Commissioners, shall be recorded and Considered as parcel of the right of said original proprietor, unless otherwise provided by the votes of this Company. That Said Commissioners be and they are hereby directed, to ascertain, locate, and Survey to each and Every person, who has in Consequence of any former grant or vote of said Susq'a Comp'y, gone on, and Settled on Said lands, the amount of his grant which being recorded, shall vest a full and Complete title thereto in favor of Such person. That said Commissioners be also directed and Empowered to locate and Survey in favor of such persons as they shall judge proper, who shall actually Settle and occupy Said lands by themselves their heirs or assigns, not Exceeding 200 acres on <111> CLAIMING LANDS IN WYOMING. any proprietors' right who has either by himself or by some other person under him Settled and removed on Said lands which survey and location being recorded Shall vest a Complete title in such Settlers, and shall be Considered as parcel of such proprietors' right. That said Commissioners shall locate and survey all such grants as they may make in favor of any new Settler on said lands in such towns as have been already granted, as far as vacant lands Can be found for that purpose, or on such gores of land as remain ungranted between said towns; provided, that nothing herein shall be Construed to affect the title of any actual settler in Such town. Said Commissioners are to take special Care that the property of Widows and Orphans be in no instance infringed. That the said Commissioners shall as soon as may be Convene together and appoint some particular place for their holding their Court and they shall in no instance hold their Court in any other place than that first agreed upon unless it shall not be convenient to meet at such place, in which Case it shall be in their power to adjourn to any other place and they shall appoint Some proper person for their Secretary, who shall keep fair and Accurate records of all their proceedings and determinations. That said Commissioners be and they are hereby authorized to make locations and surveys in favor of any Settler or proprietor on any of the broken or mountainous lands lying within five miles of the river not Convenient to lay out townships five miles square, and annex the same to such townships as they shall judge proper, provided, That such location shall in no instance Exceed 600 acres to the proprietor of a full right, or in proportion to a proprietor of a less quantity than a full right, including any location heretofore made by such proprietor, or any person under him, and also including such locations as may be by the said Commissioners made in favor of any settler on his proprietary right. And said Commissioners are hereby authorized to grant new townships agreeable to the former votes of this Comp'y, and the powers heretofore granted to any Committee for that purpose are hereby declared to cease and determine. And said Commissioners are hereby authorized to enquire into the particular Circumstances of any location, and settlements, that have been made Contrary to the former regulations of this Comp'y, and Confirm or disallow the Same as they shall judge most Conducive to the interests of this Comp'y; and it is hereby ordered that no location which may hereafter be made, Contrary to the regulations Contained in this Act, shall in any instance be admitted or Confirmed. <112> MINUTES OF THE SUSQUEHANNA COMPANY That any three of the said Committee, together with their Secretary, shall be a quorum to transact any of the business aforesaid. That the Expense of locating, surveying, and determining all matters aforesaid shall be paid by persons in whose favor such locating, &c., shall be made or done, and that said Court of Commissioners shall in no instance exact or receive unreasonable or exorbitant fees. That any five of the said Commissioners, with their Secretary, shall be a Court with power to hear and finally determine, all Controversies between Actual occupants, respecting the title of lands, and to award equitable Costs in the usual form of trials at law; this power to determine, whenever a form of internal government shall be established in that Country. Resolved likewise, that the Commissioners aforesaid, or a majority of them, be and they are hereby fully authorized and empowered to do, and transact any other matters and things which they May judge necessary for the security and protection of the Settlers on said lands, and for the benefit of the Comp'y of Proprietors, hereby ratifying and Confirming whatever said Commissioners may do in the premises. That no new settler be entered in the town of Claverack, by the Court of Commissioners, until after the first day of May next. Whereas, Nathaniel Wales, Junr., late of Windham, Esq., formerly a Committee of this Comp'y, and had their monies in his hands, and has since deceased, leaving his accounts with the said Comp'y unsettled. Voted, that Col. Ebenezer Gray be appointed a Committee, to adjust and settle the accounts of the Comp'y with the Executrix of said Wales, and receive the balance if any there be, and account therefor with the Treasurer of this Comp'y. Voted, that each person that was Considered by this Comp'y as a sufferer, and was Compensated therefor in a township at Muncy Creek, which is now possessed under PENNA, be admitted by the Court of Commissioners, to take an equal quantity of land in any township to be laid out in lieu of said grant upon said Muncy Creek, provided he settle the same the next Summer or season. Test Joel Barlow, Clerk, pro tem. _ _ _ [Liber C. p, 199.] Proceedings and resolutions of Connecticut Susq'a Comp'y at their meeting held at Athens, Feb. 18, 1795. [Notification.] The proprietors of the Connecticut Susq'a Comp'y are notified that a meeting of said pro- <113> CLAIMING LANDS IN WYOMING. prietors held at the dwelling house of James Irwin in Athens, on Tioga Point, and County of Luzerne, on Wednesday the 18th day of February next at 10 o'clock A. M., of the same day, on business of importance to the Comp'y. Dated this 26th day of December, 1794. The printers in the States of Massachusetts, Rhode Island, Connecticut and New York, are requested to publish the above as a matter of public Concern for the benefit of their Customers. JOHN FRANKLIN, SIMON SPAULDING, PETER LOOP, JOHN JENKINS, Commissioners. [Feb. 18, 1795. Preamble.] Agreeably to the above notification published in Conformity to the rule of the Connecticut Susq'a Comp'y, 1200 proprietors of said Comp'y, being a large Majority, Convened on the 18th day of February instant, at the dwelling house of Mr. James Irwin, in the township of Athens, County of Luzerne, and State of Pennsylvania, Inn keeper; and having elected Elisha Hyde, Moderator, and David Paine, Clerk, of said meeting, and having heard read a Charter of Charles the Second, late King of Great Britain, &c., bearing date 11th of April, 1662, granting to the inhabitants of Connecticut all the lands, &c., lying and being in New England, Butted and bounded on the North by Massachusetts Plantations, on the east by Narragansett Bay, on the South by the Sound, and in Longitude of, and within all the breadth aforesaid throughout the mainland to the South sea on the west part, together with the privileges, &c., and also sundry Statutes, acts, deeds, and other documents, granting and Confirming the Claim and title of Certain lands to said Comp'y, described and bounded as follows: Beginning from the one and fortieth degree of North Latitude, and ten miles east distant from the Susq'a River, and thence with a Northerly line ten miles east of the river, to the forty-second degree, or the beginning of the forty-third degree of North Latitude, and to Extend west two degrees of Longitude 120 miles, and from thence South to the beginning of the forty-second degree, and from thence east to the aforementioned bounds, which is ten miles east of the Susquehanna, together with the proceedings, resolutions, rules, and regulations of former meetings respecting the same. Adjourned until the 20th instant at 9 o'clock in the morning, to meet at the same place. _ _ _ On the 20th of February instant at 9 o'clock in the morning the meeting opened, made some rules and regulations and passed the following Resolutions, to-wit: 8-VOL. XVIII <114> MINUTES OF THE SUSQUEHANNA COMPANY This meeting entertaining a high sense of the importance of order and good government, will use their utmost endeavors to prevent any ill-disposed persons, without due authority, unlawfuly intruding upon, surveying or attempting siege, and settle any of the aforesaid lands, will assist in preserving the public peace, afford a just protection to the property of the real owners, and such settlers as enter on the same land peacably in due Course of law and under real proprietors thereof, being fully determined in a Constitutional and legal manner only, to maintain and defend the title and Claim which the aforesaid Comp'y have to the aforesaid lands, and also to recover such parts thereof as are possessed in opposition thereto. [Standing Committee.] Resolved, that the following persons, to wit: Col. John Franklin, Col. Zebulon Butler, Gen. Simeon Spalding, Col. John Jenkins and Major Elisha Satterlee, of the County of Luzerne and State of PENNA; Timothy Edwards of Stockbridge, County of Berkshire, commonwealth of Massachusetts, Esquire; Doc. Joseph Hamilton of the City of Hudson, in the County of Columbia, and State of New York; Peter Loop, Junr., of New Town, County of Tioga and State of New York, and William Judd of Farmington, County of Hartford, and State of [Proprietors to Exhibit claims prior to March, 1796--or forfeit.] Connecticut, Esquire, be Commissioners of said Comp'y and that each proprietor of said Comp'y exhibit his claim to one of the aforesaid Commissioners, on or before the first day of March, 1796, or the same will be Considered forfeit. That each full share be entitled to two thousand acres of land, and that Eight full shares be a sufficient number to Cover a whole township of 5 miles square, and in the same proportion as to any other shares; That when any part of a share hath been already laid out, that shall be deducted from the said two thousand acres to be laid out, and the deficiency made up with part of another share. [Commissioners to ascertain the names of Proprietors.] That any three of the aforesaid Commissioners residing on the aforesaid lands, be empowered to ascertain, examine, adjudge and determine, by reference to the Records of the Clerk of the Susq'q Comp'y, or any other records, the names of proprietors Claiming under said Company. [Commissioners Empowered to make a list of names.] That they make out a Complete list of the names of the proprietors, and annex thereto the proportion of land to which they are severally entitled at large, on the Records of said Company. [Commissioners Empowered to make grants.] That any three Commissioners residing as aforesaid shall be and are hereby authorized <115> CLAIMING LANDS IN WYOMING. and empowered on the application of Eight proprietors to grant new townships of land equal to five miles square of any of the unappropriated lands of said Comp'y, and also to make grants of any quantity of land not already granted, situated between any of the townships heretofore granted, although the same lands are not Equal to five miles square. [Condition of grants given to less number than 8 proprietors.] That whenever the said Commissioners shall make any grants of any township, on the application of any number of proprietors holding less than Eight full shares, the townships so granted shall be divided into Sixteen Equal parts, as to quantity and quality and the variant rights shall be Subject to be filled up by any other applicants, being proprietors. [Commissioners Empowered to Compensate persons employed in the Company's service.] That the Commissioners, or any three of them, residing as aforesaid, be empowered, and are hereby authorized to fix on a proper Compensation for the Surveyor of the Comp'y, or any other officer or officers, person or persons, acting as agent or agents, or who are or have been employed in the Service of said Comp'y, and a Certificate of said Commissioners shall entitle said Surveyor or any other persons as above mentioned to receive of the Treasurer of said Comp'y the sum Certified under the hands of said Commissioners. [Commissioners to compensate sufferers.] That any three of said Commissioners residing as aforesaid, are hereby authorized and empowered to Examine into any Claim or Claims, of any person or persons, for any service, suffering or losses, which he or they may have performed, suffered or sustained, in Consequence of their attachment to the said Comp'y; and to make such equitable allowance in the lands of Said Comp'y as they shall judge reasonable. [Survey to be approved by the surveyor.] That previous to the issuing of any grant as aforesaid the survey of the land to be granted, shall be approbated by the Surveyor of said Company. [Commissioners' clerk Empowered to issue certificates.] That any three of the Commissioners residing as aforesaid, be authorized to ascertain and examine how many whole or half share rights of the six hundred ordered to be issued on the 13 of July, 1785, have been issued, and that such number as have not been issued may be issued, under the direction of any three of the Committee residing as aforesaid, by the Clerk of said Commissioners, and disposed of by him for the same uses and purposes, for which said Certificates were directed to be disposed, by the votes of said Comp'y. That a tract of land not exceeding four towns of sixteen <116> MINUTES OF THE SUSQUEHANNA COMPANY [Land for particular uses. ] thousand acres each, be invested in the hands of three Commissioners residing as aforesaid for the use and benefit of said Comp'y; to be disposed of at the discretion of Said Commissioners. [Common seal to be procured.] That the Commissioners procure a Common Seal for said Company, to be kept in the office of Said Comp'y and that every grant of land made after the first day of June next, be sealed with the Said seal. [Old Commissions to cease.] That all the authority heretofore vested in any Commissions, is hereby declared to Cease and determine as to any future transactions, and the above-named Commissioners are hereby vested with the same power respecting any matters not herein particularly specified. [Clerk.] Resolved, that Col. John Franklin be the Clerk and David Paine be the assistant Clerk of this Comp'y. [Treasurer.] That Col. John Franklin be the Treas. of this Comp'y. [Agents and their duties.] That Col. John Franklin and Col. John Jenkins be agents for this Comp'y to attend on any actions commenced, or which shall hereafter be commenced, against any person or persons in possession of any of the lands Claimed under the Susquehanna Company aforesaid, Wherever the interests of the Company are Concerned. [Surveyor and his duty.] That Col. John Jenkins be the Surveyor of this Comp'y, and his duty shall be to Superintend all Surveys and locations that shall be made in the Susq'a purchase, and also to make an actual Survey or otherwise ascertain the exact boundaries of all grants heretofore given by or under said Comp'y, and make a general plan of said purchase; and the said surveyor is hereby authorized to depute as many Surveyors who shall be deemed and accepted as deputies, as he shall deem necessary. [Agents for ascertaining the Eastern bounds.] Resolved, that Col. John Jenkins, Mr. Sam'l Gordon and Capt. Elisha Matthewson, be agents in behalf of this Comp'y, to meet such agents as may be appointed by the Delaware and Lackawack Companies, to ascertain and fix the boundaries between the respective purchases, and their decision shall be final. [Committee for settling accounts.] Resolved, that Col. John McKinstry, Col. Stephen Hogeboom, Gen. Simon Spalding, Elisha Hyde, Esq., and Doctor Elisha Ely, or either of them, be a Committee to Call upon and Settle with any former Committees and Treasurer of said Company, and report a Statement of the amount to the new Treasurer with all Convenient Speed. <117> CLAIMING LANDS IN WYOMING. [Eight Settlers to be in a township.] Resolved, that Eight Settlers be on each Sixteen thousand Acres, and the same proportion for any less quantity herein After to be granted, within two years from the issuing of the grant. [Meetings when to be warned.] Resolved, that on the application of twenty-four proprietors to the Clerk of Said Company, requesting a Meeting of said Comp'y, the said Clerk shall publish Notification of the time and place, when and where a meeting shall be held, which notification shall be published at least six weeks in two of the Newspapers of the State of Connecticut, and one newspaper in each of the States of Rhode Island, New York, Pennsylvania and Massachusetts, which Shall be deemed a legal notice. [Respecting old grants.] Resolved, that the three Commissioners residing as aforesaid, be authorized to make such arrangements relative to grants heretofore given, where a greater number of Certificates have been filed for obtaining said grants than are at present required, as the said Commissioners shall deem Expedient. [Taxes.] Resolved, that the taxes on each share be paid to the Treasurer or Commissioners previous to the issuing of any grant on said share. [Commissioners empowered to appoint officers.] Resolved, that in Case of death, inability or absence of any of the officers, herein before mentioned, any three of the Commissioners residing as aforesaid, be authorized to appoint such officers for the time being, until the meeting, in his stead. [Adjourned.] Resolved, that this meeting be adjourned until the first Monday in June, 1796, then to meet at the house of Mr. James Irwin, in the town of Athens, on Tioga Point at 10 o'clock A. M. Elisha Hyde, Moderator. Attest, David Paine, Clerk of the meeting. The foregoing proceedings, resolves, &c., beginning at page 399 of this Book and Continuing to this page are truly recorded. Teste, David Paine, Assist. Clerk. _ _ _ [Susq'a Company Records. Liber E, p. 222.] On Monday the 6th of June, 1796, at 10 o'clock A. M. The proprietors of the Susq'a Comp'y met at the house of James Irwin on Tioga Point, agreeable to adjournment, and having elected Elisha Pitkin, Moderator, and heard read the proceedings and resolutions of the last meeting, adjourned until Thursday next, to meet at the house of Elisha Matthewson, in this town, at 9 o'clock A. M. <118> MINUTES OF THE SUSQUEHANNA COMPANY On Thursday at 9 o'clock A. M. the meeting opened and passed the following Resolution, to wit: Resolved, that Chester Bingham of Ulster, County of Luzerne, Commonwealth of PENNA, be an acting Commissioner in the room of Zebulon Butler, late deceased. That the resolve passed the 18th of February, 1795, empowering the Commissioners to fill up townships agreeable to the former resolutions of the Susq'a Comp'y with twenty-five proprietors rights be suspended, until the rising of the next adjourned meeting of this Comp'y. That the resolutions of February, 1795, do not Exclude proprietors from bringing forward their Shares or proprietors' rights for location whose shares were previously entered in the Records of said Comp'y. That the powers of the Commissioners respecting the appointment of officers be Continued until the next adjourned meeting. Resolved, that this meeting be adjourned until the Second Tuesday in September next, then to meet at the house of Elisha Matthewson on Tioga Point, at 9 o'clock A. M. Elisha Pitkin, Moderator. David Paine, Clerk. The foregoing Resolves are truly recorded Attest, David Paine, Clerk. _ _ _ [Susqa Compy's, Records, Liber E, Page 390.] On Tuesday the 13th of September, 1796, at 9 o'clock A. M., the proprietors of the Susq'a Comp'y met at the house of Elisha Matthewson on Tioga Point agreeable to adjournment, and Elected Simon Spalding, Esq., Moderator, read the proceedings and resolutions of the last meeting and Voted, that Col. John Franklin, Col. Matthew Scott, Col. John Jenkins, Gen. Simon Spalding and Isaac Tripp, Esq., be a Committee to prepare and make report of the business necessary to be done at this meeting. Adjourned until 9 o'clock to-morrow morning. _ _ _ Wednesday, 9 o'clock A. M. Committee reported and the following resolves were passed. Resolved, that this Comp'y will in every legal and Constitutional way, support their Claim and title to the lands included in their purchase made of the Natives the 11th of July, 1754. That the Treasurer of this Comp'y be, and he is hereby au- <119> CLAIMING LANDS IN WYOMING. thorized and directed to take such legal measures as he shall judge most Expedient, to Collect all moneys due by bonds, notes, or otherwise for arrearages of taxes heretofore granted by this Comp'y for the rights heretofore sold for the use of said Company. That four townships, five miles square each, in addition to the four townships voted in the hands of the Commissioners by this Comp'y at their meeting held the 18th of February, 1795, be vested in any three of the Commissioners residing on the Susq'a purchase, to be disposed of by them, if they judge Expedient, and the money arising therefrom to be paid into the Treasury, to be appropriated in defending the Claim of this Company to the lands aforesaid. And whereas, at the meeting of this Comp'y aforesaid, the Commissioners were authorized to dispose of the residue of the 600 rights ordered to be vested in the Said Commissioners at a meeting of this Comp'y at Hartford, July 13, 1785; and it appears that said rights have not been disposed of, it is now Resolved, that the Treasurer of this Comp'y be authorized to dispose of said rights agreeable to the former votes, or So many of them, as the Commissioners shall judge necessary, the monies to be used for the benefit of this Comp'y, the Commissioners and Treasurer to account with the Company. That no forfeiture of any township shall take place, which towns have been filled up with the rights agreeable to the rules of this Comp'y, and have been legally granted since the 18th of February, 1798, on account of Such township not being settled, agreeable to the former Resolves of this Company. That all grants of lands in the purchase aforesaid, issued after this meeting, shall be recorded before they shall be Considered as valid to the grants, and all grants heretofore issued which have not been recorded, shall be entered on the Records of this Company by the 1st day of May, 1797; or otherwise the Same lands may be taken up by other proprietors. That in case of death, absence, resignation, inability, or refusal to serve, of the Clerk, Treasurer, Surveyor, or any other officer of this Comp'y, any three of the Commissioners aforesaid are authorized and empowered to fill such vacancies, or to appoint an assistant Clerk if necessary, until the next Meeting of this Company. That the resolution of this Company of the 18th of February, 1795, requiring the claims of the proprietors to be Exhibited by the 1st day of March, 1796, be extended to the 1st day of October, 1797. Adjourned without day. [The records of this meeting not signed or attested.] <120> MINUTES OF THE SUSQUEHANNA COMPANY Minutes of two meetings of the Susq'a Company held at Athens, Bradford County, Pennsylvania. Proceedings and regulations of the Susq'a Comp'y at their meeting held at Athens the 20th of Oct., 1801. _ _ _ [Notification.] Susquehanna Company. The proprietors of the Connecticut Susq'a Comp'y are notified that a meeting of said proprietors will be held at the dwelling house of Stephen Tuttle, Junr., in Athens, on Tioga Point, on Tuesday, the 20th day of October next, at __ of the clock A. M., of the same day, on business of importance to the Company. Dated at Athens the -- day of Aug., 1801. John Franklin, Clerk. The proprietors of the States of Massachusetts, Rhode Island, Connecticut and New York, are requested to publish the above for the benefit of their Customers. Agreeably to the foregoing Notification, a number of the proprietors met at the time and place above Specified. Sam'l Gray, Esq., Chosen Moderator. John Franklin, Clerk. Notice having been given that the meeting would be adjourned to accommodate the proprietors in Luzerne, Accordingly adjourned until Thursday the 22d instant at 10 o'clock A. M., to meet at the Same place. _ _ _ Thursday, October 22d. Met pursuant to adjournment, and resolved that a Committee be appointed to arrange and prepare business necessary to be acted upon, and make report at this meeting. Messrs. Sam'l Avery, Benj. Bostwick, John Franklin, John Jenkins, Daniel Brown, Job Turrell, Ezekial Hyde, Ebenezer Beeman, John Spalding, Samuel Baldwin and Joseph Kingsbury were accordingly appointed for that purpose. Adjourned until tomorrow at 2 oclock P. M., Friday, October 23d. _ _ _ The Company met pursuant to adjournment. The Committee appointed yesterday made report, which was read, when the following resolutions were agreed to and passed, to wit: This meeting taking into Consideration the situation of their Claim, the large Sums of Money Expended in purchasing the right of Soil, Settling and defending the same, do <121> CLAIMING LANDS IN WYOMING. Resolve, that although the Court Constituted in Conformity to the Confederation of the United States, to determine the right of jurisdiction between the States of PENNA and Connecticut, did pass a decree in favor of PENNA respecting the jurisdiction, &c., so far as respected the Controversy then subsisting between the Contending States; yet the authority of that Court did not Extend to decide the private property in the Soil, and that the Committee who Composed the Court were unanimously of opinion, that the decision was not to reach the question of property in the Soil; "That the right of soil as Claimed under Connecticut should be held Sacred;" although this Comp'y have full faith and Confidence in the justice and equity of their Claim, that their title to these lands was first derived from a Source that never ought to have been questioned, and that the same has been defended through a long and Cruel War, at a vast Expense of the blood and treasure of the inhabitants; yet this meeting, taking into their serious Consideration the necessity of living in friendship, and harmony, and peace, with the Citizens of the United States, and particularly with the Citizens of the Commonwealth of PENNA; of which the Settlers under the Connecticut title are a part; and whereas many of our fellow Citizens Claim the same land under a different title, adverse from the Claim of this Comp'y, and their Settlers, that in Consequence of those Contested Claims, Controversy has many years subsisted, which has not only occasioned a pecuniary loss but the shedding of blood; that having an ardent desire to put end to a Controversy of so long duration, to prevent litigation, and to Cultivate peace and harmony with our fellow Citizens, are disposed to meet our adverse Claimants, and to endeavor to bring into Effect a reconciliation of the Controversy, by an amicable Compromise, and it having been Expressed to this meeting that the Pennsylvania Claimants on their part, are disposed to offer and effect a settlement by Compromise--therefore, Resolved, that five be appointed a Committee and empowered (any three of whom to be a quorum) to treat with Committees or agents that now are, or hereafter may be appointed, and properly authorized by and in behalf of the PENNA land Claimants, and to receive and make propositions in behalf of this Comp'y, to reconcile the Controversy between the Contending parties, respecting the Contested Claim, by an amicable Compromise. Resolved, that Messrs. John Franklin, Sam'l Avery, John Jenkins, Ezekiel Hyde, and Sam'l Baldwin be and they are hereby appointed a Committee in behalf of this Comp'y, to Carry the foregoing resolves into Execution. <122> MINUTES OF THE SUSQUEHANNA COMPANY Resolved, that Messrs. Joseph Kenney, Benj. Bostwick, Dan'l Brown, Noah Murray, Joseph Kingsbury, Elisha Satterlee, John Pierce, Ebenezer Beeman and John Spalding, be and they are hereby appointed a standing Committee of this Company (a majority of whom to be a quorum) to Exercise all Such powers as may be delegated to them by this or any other further meeting of this Comp'y, and particularly to draft and give instructions to the aforesaid Committee, relative to a Compromise with the adverse Claimants, the Committee to have particular regard to the interest of the proprietors and settlers under this Company. Resolved, that in Case the Committee aforesaid should be unsuccessful in an attempt to effect a Compromise, this Comp'y hereby pledge their faith to each other their interest in proportion to the property they Claim in said lands, if necessary, they will unite, and by all legal means to the utmost of their power, will maintain, Support, and defend their Claim and right of soil to the land and possession lying within the limits of their purchase made of the Indian natives, and ratified and approved by the Legislature of Connecticut, antecedent to the settlement of the jurisdiction between that State and the Commonwealth of PENNA, and that they will aid, assist, and defend the settlers on said land, holding and possessing the same under the aforesaid title, derived from Connecticut, against the adverse Claimants in all Cases where the title of lands claimed under grants of different States is Concerned or Called in question, and that the agents of this Comp'y, in addition to the powers and authority heretofore given them, be and they are hereby authorized and empowered (if they deem it expedient) to apply to Congress in behalf of the proprietors and Settlers, for such redress as may be Conducive to the general interest of this Comp'y, and which by the Constitution of the United States we may be entitled to, and the Committee of this Company, be and they are hereby empowered (if they judge it necessary) to appoint and empower a special agent to attend Congress in behalf of this Comp'y, and to do and perform all things proper and lawful for an agent to do to obtain redress. _ _ _ Meeting of Connecticut Claimants at Wyalusing. _ _ _ At a meeting of delegates from a number of townships in the County of Luzerne, holden at the house of Peter Stevens, in Springfield, May 22, 1801, to Consult and advise on the most safe, prudent, legal and Constitutional method of defense <123> CLAIMING LANDS IN WYOMING. against any suits that are now pending, or may hereafter be brought against any settler, or settlers, under the Connecticut title. Daniel Kinne was Chosen Chairman, Sam'l Baldwin, Clerk. Whereas, the Constitution of the United States provides that the Judicial authority shall extend to Controversies between Citizens of the Same State, Claiming lands under grants from different States. And whereas, by the laws of the United States, it is provided, that in actions Commenced in a State Court, the title of land being Concerned, and the parties are Citizens of the same State, and the matter in dispute exceeds the sum of Five hundred dollars, &c., if Either party before the trial shall state to the Court and make affidavit (if the Court requests) that he Claims and shall rely upon a right or title to the lands under grant, from a state other than that in which the trial is pending, &c., and shall move that the adverse party shall inform the Court, whether he claims a right to title to the land under a grant from the state in which the suit is pending, the said adverse party shall give such information, or be debarred from pleading such grant, or giving it in evidence upon the trial, and if he inform. * * * END