History: PA Archives: Second Series, Vol. 18: LETTERS FROM THE PENNSYLVANIA CLAIMANTS : 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 _____________________________________________________________________________________________ <323> LETTERS OF THE PENNSYLVANIA CLAIMANTS TO THE STATE'S COMMISSIONERS. <325> LETTERS FROM THE PENNSYLVANIA CLAIMANTS. _ _ _ Memorial of Joseph Wharton. The Memorial and Representation of Joseph Wharton, of the City of Phladelphia, to the honorable William Irvine, Thomas Boude and Andrew Porter, Commissioners appointed by law, to adjust and ascertain the value of Lands in the Seventeen townships, in Luzerne County, belonging to Pennsylvania, setteth forth: 1st. That your Memorialist was one of the earliest purchasers of land, after the treaty at Fort Stanwix, on the North East and Easterly sides of the river Susquehanna, formerly in Northumberland County, and of other tracts which lay on a path leading from Wyoming to Onaquaga town, but now in Luzerne County. 2nd. That 12 of the said tracts are on the said river. 3d. That 10 of these 12 tracts were surveyed the 23 Septem'r, 1773, In pursuance of Order dated the 23d April, 1769. One other tract the 23d September, 1773. Order of the 3d April, 1769, and that the 12th tract on the river was surveyed the 25th August, 1774, in pursuance of an order dated the 9th day of May, 1774. 4th. That the two other tracts situated on the creek Micheanga or Red Bank creek (but is laid down, I am told, in Reading Howells map to be Wappasining creek), and empty themselves into the Susquehanna, were surveyed the 15th and 16th days of August, 1774, on Warrants dated the 9th May, 1774, lying within the Seventeen Townships aforesaid. 5th. That 8 tracts are on a path leading from Wyoming to Onaquaga town in the names of Thomas, William, Solon, Isaac, Carpenter and James Wharton, and of Charles Jervas and John Shaw, Jun'r., and were all surveyed on or about the 18th or 19th of September, 1774, on Warrants dated the 9th May, 1774. 6th. That the whole of your memorialists Land in Luzerne County aforesaid, consisting of twenty-two tracts, were surveyed by Charles Stewart, Deputy Surveyor, and are herewith handed to you in regular Drafts taken from the Land office, and all of them distinctly and separately laid down on a Sheet <326> LETTERS FROM THE of paper with the dates of Surveys, respective Boundaries, and names of the adjoining proprietors, so that your Memorialist apprehends the descriptions are so clear, as to render the discovery of each tract eligible and pleasing to the Commissioners. 7th. That the two tracts in the names of Jac. Burkholder and Samuel Lefever, situate, the one about 1/2 mile above the mouth of Meshawping creek, and the other about 1 1/2 mile above the mouth of said creek, are caveated, I have been told by Colonel Hartley, but I am assured by Mr. Hall and the other quondam officers of the Land office, that the Col's. Lands are on the other side of the river, and consequently that his claim cannot affect me. You will, however, be pleased to examine the two tracts and ascertain the value of them according to law, leaving the title hereafter to be decided by the Board of Property, if this is the right mode of procedure. 8th. That 19 tracts were patented by me in Mr. Reed's administration, and the remainder under Governor Mifflin, and that these as well as my Deed of Conveyance to the State of Pennsylvania are duly lodged in the proper office at Lancaster, observing, however, that my Conveyance was the 1st made to the State, under, and conformable, to the Wyoming Law. I believe, Gentlemen, I have given every description necessary respecting the Situations and titles of my Lands. It remains for me to mention that my claim is evidently unquestionable, and from their being nearly the first which were located and surveyed after the Indian purchase at Fort Stanwix, the Lands must, in general, and on the Micheanga or Red Bank creek, be of the 1st quality; and hence I confide, will be entitled to the highest legal valuation (altho' to my sorrow * * * * inadequate to their worth after a 30 years villainous detention from me,) by your equitable allowance. I am aware of the industry and insinuations which the Connecticut people will make against the quality of the Soil, and their hope to have each tract divided and subdivided, so as to be able if possible, to reduce the valuat'n to their great benefit, and to my extreme injury, but your knowledge of Land, your characters, and the sacred trust reposed in you by the State, dispel every fear and apprehension from their evil suggestions and machinations. Whether the Eight tracts lying in the path leading from Wyoming to Onaquaga will fall within the limits of any or either of the 17 towns, I cannot tell. If they should not, and my presumption may not be too great, I shall hold it a singular favor in you to enquire their Quality and exact Situation with the probability of a Speedy sale, and at what price, and to honor me with your answer verbally or by Letter. <327> PENNSYLVANIA CLAIMANTS. There is one thing more I an anxious to engage your attention upon and Compliance with, and that is that you will indulge me in proceeding to and estimating the Northernmost land in the 17 townships first. My reason for this Solicitation is that I have repurchased the remainder of my Estate from certain obdurate Assignees, who are as flexible to ill as they are cruel by nature, and to these men I an constrained to pay Interest of at least £400 p'r Annum, until your honorable Board make your return into the office, and thereby enable me to discharge my Contract. There is no other Pennsylvanian in this unhappy predicament, nor any man whose misfortunes have been more calamitous, and whose deprivations of fortune has been so great, and for so many years so afflicting as mine, by these men, "if men they can be called." Therefore, I cast myself on your Justice and Kindness, and remain, Gentlemen, Your obedient, humble Servant, JO. WHARTON. Philad'a., Mar. 28, 1800. Generals William Irvine, Thomas Boude and Col. Andrew Porter, Commissioners. P. S. the Map of my Land is delivered to _ _ _ . _ _ _ Memorial of Isaac Wharton and Others. To the Commissioners appointed in pursuance of the Act of Assembly, entitled "An Act for offering compensation to the Pennsylvania Claimants of certain Lands, within the 17 townships, in the County of Luzerne, and for other purposes therein mentioned." The Memorial of Isaac Wharton, Samuel Howell, Samuel Pleasants and Caleb Foulke, surviving Assignees of Joseph Wharton, Philadelphia, merchant, respectfully sheweth, That the said Joseph Wharton, on the third day of November, 1774, made a general assignment to your memorialists, together with Rees Meredith, Thomas Wharton and John Shaw, who are since deceased, of all and singular his Lands, tenements & hereditaments, in trust for the paym't of his debts, among which were the following tracts of Land, viz: Three certain tracts or parcels of Land, situate near a path leading from Wioming to Annaquaga township, in the County of Northumberland, in the said State of Pennsylvania, one of them called "Wharton's Lake." Beginning at a Maple tree, in a line of John Shee's Land, thence by the same and by lands of Benth, Shee, N. 45 degrees , East <328> LETTERS FROM THE 200 perches to a post, a corner of Charles Stewart's Land, thence by the said Charles Stewarts land N. 45 degrees West 290 perches to a Maple, a corner of John Wharton's Land, South 45 degrees W. 200 perches to a Beech, a corner of William Jones's Land, thence by the said William Jones's Land S. 45 degrees East 290 perches to the place of beginning, containing 342 acres, besides the usual allowance of 6 per Cent, for roads, &c. One other of them adjoining lands, surveyed to Samuel Richards and others, Beginning at a Maple, in a line of vacant Land, thence by the same S. 45 degrees East 180 perches to a Maple, the corner of Isaac Wharton's Land, thence by the said Isaac Wharton's Land and Lands of John Shaw, Jr., N. 45 degrees E. 312 perches to an ash, in the line of William Jones's land, thence by the said William Jones's land and land of Judah Foulke N. 45 degrees West 180 perches to a post, a corner of the said Samuel Richards Land, thence by the same S. 45 degrees W. 312 perches to the place of Beginning, containing 331 acres and the usual allowance aforesaid, and the other of them adjoining land surveyed for John Wharton. Beginning at a Beech tree in a line (words here erased) * * * * Land, thence by the same N. 45 degrees East 160 ps. to a post in the line * * * * (words here erased) * * * Land, thence by the same and Land of Thomas Wharton N. 45 degrees W. 320 perches to a post in a line of Isaac Wharton's land and Land of * * * (words here erased) * * * S. 45 degrees West 160 perches to a Maple, thence S. 450 East 320 perches to the place of Beginning, containing 302 acres, besides the usual allowance of 6 per Cent. for roads, &c; one other of them called "Constitutional right," containing 310 acres, and allowance of 6 per Cent. for roads, &c.; one other of them called "Wharton Farm," containing 280 3/4 As. & allow'ce aforesaid; One other of them called "Independence," containing 324 as., 31 p. & allowance aforesaid; One other of them called "Revolution," containing 322 1/4 and allowance aforesaid; One other of them called "Washington Farm," containing 336 As., 130 p. and allowance aforesaid; one of them called "Rochambeau," containing 317 acres and allowance aforesaid; One of them called "Congress," containing 302 acres and allowance aforesaid; One other of them called "Bancroft Hall," containing 286 3/4 as. and allowance aforesaid; One other of them called "Bromley Farm," containing 342 as. and allowance aforesaid; One other of them called "Great Meadows," containing 305 1/4 and allowance aforesaid; One other of them called "Luzerne Farm," containing 342 as. and allowance aforesaid; One other of them called "Westover," containing 253 1/2 as. & allowance aforesaid; One other of them called "Bunker's hill," cont'g 263 acres and 3/4 & allowance aforesaid; One other of them called "Whigs Delight," containing 301 3/4 as. & allowance afores'd; One other <329> PENNSYLVANIA CLAIMANTS. of them called "Camden Place," containing 330 as. and allowance aforesaid; One other of them called "Financier," containing 318 acres and allowance aforesaid; One other of them called "Relief from Tyranny," containing 304 acres and allowance aforesaid; One other of them called "Royal Lewis," containing 319 acres and allowance aforesaid; One other of them called "Walpole Farm," containing 320 3/4 as. and allowance aforesaid; Which Lands your Memorialists believe & are apprized, fall within the purview and description of the Act of Assembly under which you are empowered to act. That on the 19th day of August, 1796, your memorialists sold and conveyed the said Lands to the said Joseph Wharton in fee, taking from him a Mortgage to your Memorialists, dated the 19th day of August, 1796, for securing the payment £8,127, current money of Pennsylvania, being the amount of the purchase money, at the following periods, viz: £4,063.10 thereof on the 19th day of August, 1798, and £4,063.10 thereof on the 19th day of August, 1799. That your Memorialists are informed that the said Joseph Wharton hath filed his claim, for the value of the said Lands, according to the provisions of the said Act, without the said mortgage due thereon. Your Memorialists therefore respectfully request that a due consideration may be had of the premises, and unless they shall be otherwise satisfied, by the said Joseph Wharton, for the principal and interest due on the said mortgage, as aforesaid, that the Certificate which may be ultimately awarded in pursuance of the said Act of Assembly, may, to the Extent of the said Mortgage monies, be issued to and in the names of your Memorialists in trust, as aforesaid. SAM'l HOWELL, SAM'l PLEASANTS, CALEB FOULKE. 13th, 7 M'o. , 1800. _ _ _ Letter of Owen Foulke. Philadelphia, August 1, 1800. Gentlemen: Enclosed is a memorial signed by the acting Assignees of Joseph Wharton, which they have requested me to forward to you. As those Lands have represented as of the first Quality, the Assignees would be glad to find that your opinion corresponds therewith. Yours, &c., OWEN FOULKE. W'm Irwine, Esq'r., one of the Comm'rs, &c. <330> LETTERS FROM THE Letter of William Bingham. Philadelphia, Sept'r. 24, 1800. Gentlemen: I had just purchased of Mr. Willing twenty-two tracts of Land, for which Warrants were taken out in the year 1774, in the County of Northumberland, now Luzerne; 12 of them were regularly returned into the Surveyor gen'ls. Mr. Lukens, Deputy Surveyor, was killed whilst in the discharge of his duty in compleating the remainder. I have enclosed the copies of these 10 warrants to Mr. Sanbourne, Deputy Surveyor of the District, & have requested him, as soon as the Lands are surveyed, to furnish you with copies of the Returns, in order that you may have the means of forming an Estimation of the value of this property, which according to the State¾ _ This arrangement has been pointed out & recommended to me by the Secretary of the Land Office. I shall deem myself essentially obliged to you, if you will pay attention to this object. If you should think proper to view these Lands in the course of the present Season, Mr. Sanbourne will procure a person who will accompany you and point them out. I beg leave to mention that I only wish to be indulged in this request as far as may be consistent with the other arrangements you may have made, as well as duties you may have to perform. I have the honor to be with respectful Consid'n, Gent., Your obedt. Hble Servant, WILLIAM BINGHAM. Gents Boude, Irvine and Porter, Commissioners of Pennsylvania, &c., &c. _ _ _ Letter from Daniel Montgomery. Danville, August 16, 1800. Gentlemen: Being entitled in three tracts of land in Huntingd'n township, Luzerne County, warranted in the name of John Pryor, Conrad Appleman and George Dudley, and conveyed to the State by Elias Boudinot, of the City of Philadelphia, and not knowing weather any steps farther would be necessary on my part to enable you to ascertain the ground or not, Therefore would be very much oblidged to you for a line of information by Mr. Hall or Mr. Levi. I remain with due respect, Your most obedient and verry humble Servant, DANIEL MONTGOMERY. gen'ls Irwine & Porter. <331> PENNSYLVANIA CLAIMANTS. Letter from William Y. Burroughs. Hudson, State New York, 30 Aug't., 1800. Gentlemen: I herewith send you the numbers of several lots of land lying in the town of Athens, County Luzerne, which I hold under the Connecticut title, and which I submit to you, agreeable to the late Law of Pennsylvania. I am not certain that I send you the numbers of all the lots I have in Athens, if not, it is my intention to do it. You will please to acknowledge the receipt of this, and let me know what more is required of me; if my presence is necessary, I will attend. John Shephard can point out to you all the Lands I claim in Athens. Lot No. 23, 4th Division, contains 100 acres, conveyed by J. Jenkins; Lots No. 21 and 22, 4th Division, also the 3d Division, lot laid out to Colonel Nathan Denison, containing 100 acres. The three last mentioned lots were conveyed by Colonel John Franklin to Colonel McKinstry. Lot No. 40, adjoining Northerly on the above lots, cont'g 100 acres; all the above lots lay adjoining Easterly on the Susquehanna river, Westerly on the road from Tioga point to Shephard's mills; the S. line being about a mile from the settlement at the point. Lots No. 2 and 3, in the 4th Division, containing about 340 acres. One 4th Division lot drawn in the right of Zera Beach & Justus Gaylord. J. Shephard knows the number. Also lot No. 13, in the 4th Division, estimated at 190 acres. Lot No. 1 being 100 acres on the South line of the Farm now or late in the possession of Loomis, Drawn in the right of Daniel McDowle. Also the 4th Division, lot drawn by McDowl, And generally all the land that I am entitled to in the town of Athens is submitted by Your Obedt. Servant, W'm. Y. BURROUGHS. To Generals Irvine, Porter and Boude, Commissioners at Luzerne. _ _ _ Letter from John Buyers. Sunbury, Sep'r 10, 1800. W. Irvine, Esq'r., Sir: Mr. Charles Hall of this place informed me that a title paper of mine for a tract of Land lying in the 17 townships, about 3 or 6 miles above Nescopeck, on the West side of the river, in the name of Joseph Wetheral, was got into your <332> LETTERS FROM THE hands; for that place I am a second hand purchaser; and was I to get all the Law alows for the 1st rate Land, it would not indemnify me; however, that can have no weight with you. I have not seen the Land this 20 Years, but is told that it is valuable and may be considered as belonging to the 1st class. Should you, and the other Gentlemen conserned with you, think as some of the neighbours to said Land does, viz: that it is worth 12 or 15 Dollars per acre, then I should have the highest price for it that the Law will warrant you in allowing. Even then it would turn out a poor speculation to me, for at the time I bought it I could had Land for the same price that I might get 16 Dollars per acre for before this time; it has a handsome front on the river of 208 perches, which makes it very valuable; to your Wisdom and integrity I rest the matter, not doubting but you will consider all Sircumstances and do substantial justice, as far as the law warrants you, which in my humble opinion is too limited; with all due respect, I am, Sir, Your very humble Servant, JNO. BUYERS. P. S.--Should my attendance be deemed absolutely necessary, I w'd beg a line at the time you w'd please to request. J. B. _ _ _ Letter from Col. Thomas Hartley . York, Pennsylvania, Sep'r 17, 1800. Gentlemen: The following is a copy of a letter sent by me to Mr. John Hall, when Secretary of the Land Office, on the subject of my claims in Luzerne County, which will explain the matter to the Commissioners: "Yorktown, Pennsylvania, Aug't 26, 1799. Dear Sir: I sent you two Deeds for granting and releasing to the Commonwealth and State of Pennsylvania all my right, Estate, Interest, & of and in and to 4 tracts, and a part of a tract of Land, situate on the waters of the N. East Branch of Susquehanna; the two first held under Warrants in the names of Thomas Smith and Peter Dehaven, which were conveyed by them to me and in which Deed there was a Caveat against granting a Certificate to M'r. Wharton & Co., or any other person but me, without 1st having a hearing before the Board of Property. The other Deed for two tracts, held under warrants in the names of James Thompson and Thomas Walker, and part of the tract <333> PENNSYLVANIA CLAIMANTS. held under an order to Benjamin Luce, which were regularly transferred to me, and for which Patents were granted to me; to neither of these Deeds of Grant and release is there an affidavit annexed, and the last tho' executed before respectable witnesses, has not been acknowledged, because we had no associate Judge here. President Henry will be here at our Court next week. I must beg you to deliver those two Deeds or releases to Mr. Ralph Bowie; he will bring them over. I will have the necessary done, and will send them safe back to you immediately after the Court. The Submissions and other papers (except the two Conveyances or releases) may remain in your office. I beg again that the Conveyances may be sent by Mr. Bowie; they shall be most certainly returned to you. A note may be taken on this letter of the time of Delivery to Mr. Bowie. Excuse the trouble I give, as the business is of serious importance to me, and I am, with respect, your obedient Servant, THOMAS HARTLEY. John Hall, Esq'r., Secretary of the Land office of Pennsylvania." As to Eight hundred and Eighty acres, in the names of James Thompson and Thomas Walker, and part of the tract in the name of Benjamin Luce, there can be no kind of dispute, and there are no doubt first quality lands. As to those in the names of Smith and Dehaven, my warrants are pointed; if you think proper to value them and return them in my favour, it is well, if not, I have Caveated in the office against my compensation being given to Mr. Wharton and Co., until the right is determined. I have the strongest reliance on and Confidence in the Commissioners, and am, with great respect, their humble Servant, THO'S. HARTLEY. To Gen'l Thomas Boude, W'm. Irvine and Whelen, Esq'r. _ _ _ Information from James Rose, Attorney of Patterson. In answer to the queries put by the Commissioners for offering Compensation to the Pennsylvania Claimants of Lands within the 17 townships, the Administrators of Galbreath Patterson return the following Documents in support of their Claim: <334> LETTER FROM THE 1st Query by the Comm'r, Is the release of a Moiety of a tract of land in the name of Robert Wood the same with one claimed by Ewing and Wife? Answer. The heirs of G. Patterson herewith produce a Deed Poll by Robert Wood to Stewart and Patterson for 300 as., but they have not at present the release from Stewart and Patterson, at least the release from Cha's. Stewart does not sufficiently describe the tract alluded to by the Commissioners. 2d Query. There appears to have been an agreement between Mr. W. Patterson and John Cox, dated the 2 Jan'y, 1774, for taking up land in partnership of which Mr. Patterson was to have 1/3. The tracts so taken up are in the names of John Vansant and others. Can you furnish the Comm'rs with any transcript or abstract of the agreement of Cox tho this purpose? Answer. The agreement is in the hands of the administrator, and is dated 20 Jan'y, 1774, by which it appears that Patterson was to have 1/3 of all the lands taken up under s'd agreement, in the Names following, to-wit: 1. Anthony Snyder's Deed to Joseph Wharton, dated 1 April, 1777, for 200 acres: this is Conveyed by Joseph Wharton, 31 March, 1780, to William Patterson. 200 as. 2. Peter Kuntz's Deed to Matthias Slough, dated Nov. 5, 1771, for 300 as.; this is conveyed by M. Slough to William Patterson the same day. 300 as. 3. Jacob Witmer's Deed to Matthias Slough, 2 Mar., 1780, for 300 as.; this is conveyed by M. Slough to William Patterson, 31 Mar, 1780. 300 a. 3. Deed Poll by Anthony Morris, Jun'r., to Jos. Wharton, dated the 3d Oct., 1774, for 300 acres; this is conveyed to W. Patterson, by Deed dated 31 March, 1780. 300 a. 4. Deed by Peter Ney to Matthias Slough, dated 23d Nov., 1773, for 300 acres; this is also conveyed by Matthias Slough to W. Patterson, the 31 March, 1780. 300 a. 5. Deed by Jacob _ _ to Matthias Slough, dated 26 March., 1780, for 279 acres; this is conveyed by M. Slough to William Patterson the 31 March, 1780. 279 a. 6. Deed by John Millar to Matthias Slough, dated the 2d Nov'r., 1773, for 300 acres; this is also conveyed by W. Patterson, by Deed dated 31 March, 1780; in the reconveyance it contains 339 1/2 acres. 339 a. N. B.-The adm'rs have no office copies of these Surveys, but it is thought that they have been already lodged with the Comm'rs. The administrators cannot with certainty at present ascertain the Surveys in the names of William Smith, Tho's. Smith; they, however, conceive that D. Smith had no right to return them. <335> PENNSYLVANIA CLAIMANTS. These Copies shall be transmitted with all convenient speed to the Comm'rs. _ _ _ Letter from Joseph Wharton. Philad'a., May 28, 1801. Sir: I am told there is a new appointment for completing the Wyoming Business, and that General Steele, Mr. Cooper, with another person, whose name I do not know, are the present Commissioners, and being deeply interested in the speedy and equitable conclusion of the valuation, I have to request the favor of you, to mention my name to the Comm'rs as a Citizen of some respectability, and one whose sufferings for our Independence has been singularly afflicting; for when I was in London, on my unhappy mercantile affairs, in 1778, I was compelled to abandon my lawsuit in Chancery, and fly to France for the preservation of my Life, because of the intelligence I constantly gave to our ministers there, which were partly interrupted and by which Secession, I lost that fortune that would otherwise have rendered me happy in my old age. The reverse is now the case. Will you therefore be pleased to speak of me to those Gentlemen in the manner you deem proper. My Lands on the river Susquehanna begin at Meshawpen creek, and terminate in the vicinity of Tioga. The rest are at a distance from it. All my Surveys are delineated on one sheet of Paper, which, with a Letter, I wrote to the former Commissioners and delivered to Colonel Porter; and from him, or them, I hope the Commissioners will receive them. But if the Drafts and letter should be mislaid, I will, on information, forward by Post, copies of them to you. I beg you will continue your favours to me, and gratify me with an answer to this letter, and believe me, respectfully, Sir, Your Ob't h'ble Serv't, JOS. WHARTON. Tench Coxe, Esq'r. _ _ _ Letter from Col. William Irvine. Philadelphia, 25 June, 1801. Gentlemen: In answer to your note of the 16th Instant, I inform you that the Surveyors employed by the Commissioners in Luzerne last <336> LETTERS FROM THE year were paid three Dollars a Day, and the Chain carriers and ax men Six pounds ten shillings pr. Month, Pennsylvania Currency. I am, Gentlemen, Your obedient Servant, W'm. IRVINE. Mess'rs. Cooper, Steele and Wilson. _ _ _ Representation of Rosewell Welles . June 27, 1801. Gentlemen: From a constant headache, with which I have been troubled for some days past, I have not been able to make an answer to your note of the 18th Instant earlier. Upon reflection, as also from an examination of my notes preserved in every considerable cause decided while on the Bench, I find no Ejectment during that period ever was tried. From this circumstance my reply must consist very much in stating the opinions of the Court and the practice of Counsel on such of the questions by you enumerated, as took place antecedent to that time. In doing this, and following the order observed in your note, I have to remark: The Court in deciding questions of title, resting solely upon the Connecticut Claim, adhered to the rules of the Sysqueh'a Company as nearly as they possibly could. In order to recover the land in controversy, they required Plaintiff to shew title out of the Company, and then one in himself by the rules of the Company. The Court never required the Deed from the natives to be produced, or the authority by which from the State Connecticut the Company made the purchase. If title could be shewed agreeably to those rules (as in all cases ever tried both Plaintiff and Defendant claimed under them), the court seemed willing always to sustain it, and made the Rules, &c., their only guide. In cases of parol, to supply written testimony, the Court embraced and took a very liberal ground. From their own knowledge, they were sensible that most of the Public Records, as well as private Documents of the people necessary to their claims, were destroyed in '78. However, they always, upon oath, required to be informed, as a Court, of the Fact, and then let in oral testimony, not interested in the Event of the Suit, to prove their contents. In all cases of lost papers, &c., destroyed Records, &c., Counsel usually regulated themselves by the common rules of Evidence. To Enquiry 2nd.-No Proof of the Incorporation of the said <337> PENNSYLVANIA CLAIMANTS. Company was never required, and aways dispensed with by the Court. The Copies of the Rules, &c., of the Company now in your possession, were uniformly admitted as evidence, and for this reason the originals were the property of the Company and not the Settlers, and, therefore, not within their contract. To Enquiry 4th.-In the hands of Colonel John Franklin, of Tioga, are all the papers, votes and resolutions of the Company, from May, '74, down to this day. From him I should suppose a transcript may be had. But I do not know that any of these Votes, &c., can be regularly certified by the Clerk; for I hardly think the present Clerk was ever sworn into office. To Enquiry 5th.-The votes and resolutions of the Committees of the Company, made at this time, are not considered as having any binding force upon the Inhabitants in the Seventeen townships. At an early period of the Settlement they had their fullest force upon the actual Settler, and, where they were of a general nature, had a like influence upon those who might afterwards become Settlers. The Committees were always appointed by the Company. To Enquiry 6th.-Original rights, whether of Townships, or of Individuals, might be forfeited; but as applying to actual Settlers, a forfeiture of the former did not always imply a forfeiture of the latter. If there were any conditions in the grant of the Township, which were not complied within due time, the Committee might declare the town forfeited, but could not forfeit (by such order) the Rights of those who were at that time settled within the townships; but in the 17 townships I have known no forfeiture declared before the change of Jurisdiction, nor any condition of Settlement left uncomplied with, but What the intervention of the revolutionary War made impracticable to fulfill. I mean as it respects township rights of what are called proprietors townships. Nor do I know of any Individual Rights in those townships forfeited, by the Committee, for non compliance with the Regulations, &c., of the Company; but still, there may be instances. To Enquiry 7th.-In the original Establishment of Township Boundaries, I do not feel myself very competent to answer. But as far as I could ever learn they were established by the Committee's approbation, certified in the original Survey itself. There never was a Record of Courses and Distances entered upon the Books. All that ever were rested on file was the Petition for a grant of the Township, containing only some words of general description of the place where the Grant went out (as to Description) in words as general. But this grant, I have been told by some of the Committee, was never made a matter of Record with them. The Survey, therefore, 22-VOL. XVIII. <338> LETTERS FROM THE thus certified by the Committee, was considered as the only Evidence of Boundaries, and was the only Voucher which could establish and ascertain them, and so it ever was considered by the Court. I know of no Authentic minutes of the Surveys. I believe none ever existed, and, therefore, not produceable. No case has occurred in which latterly Boundaries were disputed. To Enquiry 8th.-No question has arisen bringing up lot Boundaries. All the cases ever decided title to, and not the Boundaries of the Lot, was the point contended. But in case boundaries had form'd any part of the dispute, we should have never been driven by the Court for certainty (I am persuaded) to anything further than measurement, conformably to the Survey first made. The original grant of the Town by Counsel was generally acceded to. With respect to oral testimony, in cases of prescriptive possession, and Surveys made within the knowledge of Witnesses, as I have before observed, it was uniformly admitted by the Court, Where it was made to appear on oath that the Docum'ts from which a claim might be deduced were not within the party's power. To Enquiry 9th.-I never (in cases of lost Papers, &c.), knew the Court to let in oral testimony of their Contents upon mere suggestions. They always required to be informed of the fact of loss upon oath before oral testimony could be admitted; any neglect in not procuring written Evidence from the Grantors of such Rights as to which a claim was made, was never aided thro' suggestions, nor by the consent of counsel. As before remarked the regulations of the Company were made the only Star by which to steer; still, in the improvement of those Rules & Regulations, the best Evidence of them possible to be obtained was always required, and never dispens'd with, by Counsel or Court. However, this best evidence in some cases necessarily became remote, and, indeed, when the variety of misfortunes Which have attended this ill-fated Country are really consid'd, it would be difficult to suppose it otherwise. From the Descent of the Enemy in '78, one single engagement laid in the Dust most of the males capable of bearing arms. To this, in the course of the next and succeeding day, succeeded one general destruction of houses, papers and most of the Public Records by fire. Hence very little of satisfactory testimony would be given in several Instances. The Court found it necessary to the liberal in conducting the causes, and tho' many Decisions seemed to have been made upon proof somewhat remote in degree, yet I believe they were consentaneous to Justice. It is now nine years at the least since the last Ejectment in the Connecticut claim was tried. At that time I had <339> PENNSYLVANIA CLAIMANTS. fresh in my mind every point settled, but at this distant hour I find it impossible to state them with any great degree of accuracy or precition. I am sorry that it is thus with me, but it must be an apology for my Silence on some points and inexplicitness in others. As to a system of Rules to be adopted with respect to claims resting upon Evidence, apparently defect've, I feel an incapacity to decide. From the little Experience I have had in looking into the claims of individuals, in times past, I am confident that such a task would be truly difficult. The circumst'ces & condit'ns as to proof, in which the sev'l claims are envolved, will not only be found perplexing but exc'dgly dissimilar in very many cases. From this consideration, I am led to believe, as you progress in the examination, rules, regulations, and directing your Enquiries to the kind of proof reasonable to be admitted, will _ _ themselves much more satisfactorily than any to which I may advise. I am Gentlemen, With Due respect, Yours, ROSEWELL WELLES. Thomas Cooper, John Steele and William Wilson, Esq'rs. _ _ _ Letter from Elias Boudinot. [June, 1801.] Sir: In answer to your Letter of the 24th Instant, I am to inform you that I am under an agreement with D. Montgomery, for the Lands you mention, to convey them to him under certain conditions, not yet complied with, which rendered it necessary that he should release. From this you see that this claim is joint and not contested. I am, &c., E. BOUDINOT. M'r. Thomas Lloyd, Cl'k to th Comm'rs. _ _ _ Letter from John Cook . North'd, July 1, 1801. Sir: Since the Receipt of your Letter I called upon M'r. Alexander Hunter, to obtain the Dates of the Warrants, and Names of the original Warrants, in the partnership of Hunter, Moore <340> LETTERS FROM THE and McCord, for Lands in Lackawany Creek, to transmit to you, Who informed me that he had delivered them to you some time since. I have enclosed you a Copy of the original Article of agreement between Hunter, Moore and McCord, Which will explaine to you the nature of the Partnership Copies of the returns of Survey I have not, but I presume it is immaterial, as they will be forwarded to you from the L'd Office, and you will easily distinguish them from others by comparing them with the names of the Warrantees. Loughlin McCartney claims & has released a tract in the name of _ _ Templeton, under the will of McCord. I am, Sir, Your friend & Serv't, JOHN COOK. Thos. Cooper, Esq'r. _ _ _ Letter from James Rose. Northumberland, July 5, 1801. Gentlemen: In answer to the queries by your clerk, I have to remark that with respect to the tract of Land warranted in the name of W'm. Thorp, that the same was conveyed to James Rose (my father) by W'm. Thorp on the 4th day of June, 1773. In the release made by me as the Attorney of Rob't. H. Rose, the power, if not noted therein, is dated 8th of May, 1798, and recorded in Sunbury, in Deed Book L, page 266, the 8th day of July, 1800. M'r. James Rose of Philadelphia, my Father, and the Father of R. H. Rose, died intestate in 1777, in consequence of which we the heirs of became possessed of the Land in question. The necessary releases, &c., shall be laid before you in a short time, and every further explanation made that will be satisfactory to the Commissioners. I am, Gentlemen, with due respect, Y'r Ob't humble servant, JAMES ROSE. The honb'le the Comm'rs appointed to carry into effect the Act of Ap. 4, 1799. _ _ _ Letter from Daniel Montgomery. Danville, July 6, 1801. Gentlemen: I received your favor respecting 3 tracts of Land in Huntingdon, Luzerne County, releas't by Robert Montgomery, as my <341> PENNSYLVANIA CLAIMANTS. attorney, to the State of Penns'a.; the same also being released by M'r. Elias Boudinot, of the City of Philadelphia. The land I purchas't, but had not obtain the Conveyance; I therefore (after we had made the first conveyance), thought best to get M'r. Boudinot's Conveyance also; of course you will value the Land as M'r. Boudinot's, altho' the property is myne. I remain with Esteem, Your very humble servant, DANIEL MONTGOMERY. _ _ _ Letter from William Tilghman . Philad'a., July 6, 1801. Sir: On my return from the Circuit Court in Bedford, a few days ago, I received your favour of the 24th June last. There will be no occasion to trouble the Commissioners with respect to the warrant for 300 acres in the name of W'm. Hamilton, that land is without doubt on red Bank Creek, and consequently out of the Jurisdiction of the Commissioners; with regard to N'o. 30, in the "manor of Stoke," originally allotted to Alexander Patterson, and N'o. 24, in Sunbury Manor, originally allotted to William Armstrong; all the evidence in my possession is the original Deeds to my deceased Father, James Tilghman, an exact copy of which I take the liberty of subjoining. I keep the originals for fear of accident, but they shall be produced whenever the Commissioners please to call for them. I beg leave to offer my thanks to the Comm'rs, & you Sir, for your attention to my Claims. And am, Y'r most obedient servant, W'm. TILGHMAN. Thomas Lloyd, Cl'k, &c. _ _ _ Conveyance from Alexander Patterson. Know all men by these presents, that I, Alexander Patterson, of Northampton County, farmer, for and consideration of twenty Pounds current money to me in hand paid by James Tilghman, Esquire, of the City of Philadelphia, have granted, bargained & sold, & do hereby grant, bargain & sell unto the said Ja's. Tilghman, his heirs and assigns, all that Lot of Land distinguished by the N'o. 30, in the Survey of the Proprietors Land at Wioming, which was allotted to the s'd Alexander in the distribution of the said Land; the Lot containing by estimation 94 acres and 54 perches, together with the Appurte- <342> LETTERS FROM THE nances. To have and to hold the said lot of Land to the s'd James Tilghman, his heirs and Assigns, to his and their perpetual use & behoof for ever. In Witness whereof I have hereunto set my hand and Seal this 16th day of June, A. D. 1774. ALEx'r. PATTERSON [Seal]. Sealed & delivered in presence of D. Kennedy & William White. _ _ _ Conveyance from William Armstrong. In consideration of the sum of twenty two pounds, five shillings, lawful money of Pennsylvania, to me William Armstrong of the City of Philadelphia, Stone mason, paid by James Tilghman, of the said City, Esq'r., I have granted, bargained and sold, & Do hereby grant, bargain and sell, unto the said James Tilghman, all my right, title, Interest, Claim and Demand, of and in & to one tract of Land in the Proprietary Manor at Wioming, known & distinguished in the division of the said Manor into Plantations by John Lukens and Charles Stewart by the number twenty four; containing about one hundred & fifty acres, by an addition made to the first tract by the said Charles Stewart; the first tract containing only Eighty five acres or thereabouts. To have and to hold the bargained & sold Premisses, with the Appurtenances, to the said James Tilghman, his heirs and Assigns for ever, to his and their own proper use and Behoof, subject to the Proprietary Demands on the same. Witness my hand and Seal this 17th day of October, Anno Domini, 1774. WILLIAM ARMSTRONG [Seal]. Sealed and delivered In presence of David Kennedy. P. S.-I shall search for further Evidence of the Surveys & hope I shall find it. When my Father made the purchase he was Secretary of the Land Office, and probably had seen papers since mislaid or lost. W'm. TILGHMAN. _ _ _ Letter from Alexander Hunter . Sunbury, July 7, 1801. M'r. Cooper: Sir: Since I seen you I have had in my hands a copy of the proprietaries Draft of all the Manors in Luz. County, the originals I have no doubt must be in your Possession. Where you will find a Thomas Osbourne, N'o. 54, in consequence of Which Grant a Survey was made, a Copy of which I gave you. <343> PENNSYLVANIA CLAIMANTS. So that he must stand on the same footing with any other Grant or Sale of the Proprietaries in any of the Manors. The office papers of the lands on Lachawannock, if not furnished by M'r. Moore, shall be immediately procured. I am with Respect, Your obedient Humble Servant, ALEXANDER HUNTER. _ _ _ Letter from John R. Coates . Phila., July 22, 1801. Gentlemen: A Letter from your Secretary, dated 24 Ult'o., came to hand the day before yesterday. I regret extremely that the want of further information should be found necessary for the adjustment of the Proprietary Concerns in Luzerne; It has been out of my power to discover any other Record in the Land Office, or elsewhere, than those which I left Gen'l Irwine, in possession of when I was at Wilkesbarre last fall. They consisted of 1st, A List of Persons who had agreed to purchase Lands in the Manors of Stoke and Sunbury (which List exhibited the Nos. of the different Allotments, the price to be given and the quantity of ground; and 2dly, A large Draught, an Office Copy of the two manors in question, with the divisions, Which corresponded with the above mentioned List of persons who contracted in 1771 at Easton. This Draught I requested Gen'l Irwine to deliver to Thomas Duncan, Esq'r., at Carlisle; he may have done so, and, in that case, I have written to that Gentleman, Who will forward it to you, if it is in his keeping. If not, I presume you now have it. If my attendance at Wilkesbarre could advance the objects of your mission, or promote the Interest of my Constituents, I would immediately set off; or if you know of any particular information or document likely to be serviceable I will immediately procure them, if possible. I am, Sir, Very respectfully, Y'r. Friend, &c., JOHN R. COATES. _ _ _ Letter from William Bingham . Philadelphia, July 22d, 1801. Sir: I received your Letter of the 14th Instant, informing me (on the part of the Commissioners,) & some difficulties <344> LETTERS FROM THE which have occurred, which prevent the Commissioners making valuation of Several of the tracts which I conveyed to the State. I will procure from the Office, and have immed'ely forwarded, a return of Survey for the tract named "Dublin." This Document, I conjecture, has been mislaid, as the returns of Survey of the whole Quantity have been transmitted. If it should be found necessary to procure an order for surveying the three tracts, the Boundaries of which cannot be ascertained, I will apply for the same, but I hope on a further examination of the returns of their former Survey, they may be discovered. I am aware that the two tracts recently surveyed by M'r. Sambourne are not included within the letter, altho' they are embraced within the Spirit of the Act of April 4, 1799. I am, Sir, Your Ob't Serv., WILLIAM BINGHAM. M'r. Thomas Lloyd, Wilkesbarre. _ _ _ Letter from Charles Hurst. Philadelphia, July 27, 1801. Gentlemen: Your favor received. You desire to be informed by what Authority these Surveys are made. I expect by your seeing them done by no regular Surveyor they are not satisfactory to you. The Surveys are all from original Purchasers of William Penn, the 1st Proprietor, and from his Warrants to his Children, And to Arrent Summers, a Purchaser of 5,000 acres. Also to Sir William Petty, L'd Shelburne's ancestor 5,000 acres. Before the Surveys was made, both for City Lots and Country land, the Surveyor General was applyed to before on Evidence, desiring he would order the Deputy Surveyor to lay them out, but he refused, saying M'r. Penns ordered him to survey no old rights as they was stiled. Our Council ordered us to Imploy any Surveyor we pleased, we got the City Lott for Sonmans laid out by one Hall, a Surveyor, & fenced it up, 132 feet on market street & 306 feet deep the size for a 5,000 acres Purchase; they ordered our Fence cut down & it was tryed and the and the proprietor cast, when their Council said the lott was not surveyed by a regular Surveyor, we proved by Affidavit our requesting the Surveyor General to do it, and his refusal sanctioned us in getting <345> PENNSYLVANIA CLAIMANTS. another, and the Court was satisfyed; the same on the Lott in market Street laid out for Lord Shelburne, of one hundred and thirty-two feet and 306 deep, with other Lotts making about 208 feet; the Proprietor was ejected out of the Lott and M'r. Burd got Judgement for me in 1781 for 200 feet; its to be found in Charles Biddle, Esquires, Office the Prothonities on Record. We have about 12,000 acres laid out in Wayne County by order of Gen'l. Brodhead, who we employed, & one John Seely surveyed them for him; some of them have been sold by Gaskill's attorney, & sold 2,200 acres on Lachawannock Creek to one Silas Kellogg, & one Deputy Surveyor wanted to survey them again. Kellogg came down for a Patent for his 2,200 acres; he waited on the Board of Property; two or them would have gave him a Patent but the other said as they were not surveyed by a regular surveyor he thought they should have advice before they did it; they then stated a case to the attorney general, Jarred Ingersoll, Esq'r., desiring his opinion whether they should grant a patent where the Land was laid out by a private Surveyor; his answer was if the Person had applied to the Surveyor General & had been refused, they had a right to get one themselves; on that account a patent was granted; the opinion is recorded in their Office about 12 months since. There is no titles that will stand the test better than the above. 5 tracts of mine, on Lachawannock, I had ordered M'r. Daniel Levy, of Sunbury, to eject Samuel and William Miller, who have a Grist and Saw mill on the Premisses, but he said they would like to purchase them of the State, and as I had seen Tench Coxe, Esquire, some time before, he advised me and M'r. Gaskill to make a Deed to the State, but desired we would send our title first to him for Examination, Which I did and he then desired me to send the Deeds as soon as possible, as the Commissioners was going out. I am wishing you Success in y'r arduous undertaking, Gentlemen, Your very humble Servant, CHARLES HURST. P. S.-When you Gentlemen come to Philadelphia, shall be happy to see you at my house. _ _ _ Letter from Isaac Tripp . Providence, July 28, 1802. Gentlemen: I wish to inform you that I am interested with the case of half a Lot N'o. 6, in the town of Providence, belonging to Lodo- <346> LETTERS FROM THE wick Updicke, of _ _ . In compliance to the Law I wish to make applycation for the same, if consistant, until he can be acquainted with the Business. Gentlemen, I am, with respect, Your Hble Servant, ISAAC TRIPP. _ _ _ Letter from W. A. Thompson. Williamsport, August 12, 1801. Thomas Lloyd, Esq'r. Sir: We received your letter, dated the 24 of June last, containing queries with respect to the lands claimed by the Heirs of W'm. Patterson, deceased, only a few days since, otherwise you may rest assured it should not have remained so long unanswered. We have searched the papers of the late M'r. Galbreath Patterson, but have not been fortunate enough in finding any clue which can enable us to answer fully your Enquiries. We send a transcript of the agreement between Cox and Patterson. We apprehend the probable source for obtaining any information with regard to what Surveys have been made will be the Land Office, Where we shall, as soon as possible, direct our Attention, and the facts, which can be ascertained, shall be forwarded to you without delay. We are, Sir, With respect, Your obed't Servant, W. A. THOMPSON. JOHN ROSE. _ _ _ Letter from John R. Coates. Philad., Aug't. 19, 1801. Gentlemen: I attended as soon as possible to procure such docum'ts as your last letter informed me were necessary for you. It is impossible for me to wait personally on you, nor do I think it will be deemed necessary, after the Rec't of the Package in which this is enclosed. I believe that the papers now sent will afford all the elucidation which you require, and all which I have been able to obtain. I remain, Sir, very respectf'y., Your mos. Ob. Servant, JOHN R. COATES. When you have no further use for the Draught & List I will be obliged by y'r ret'ng them. <347> PENNSYLVANIA CLAIMANTS. Letter from P. Snyder. Easton, Aug't. 19, 1803. Thomas Lloyd, Esq'r. Sir: We have delayed acknowledging your favour of the 14th Ult'o (Wherein you mention that it will be necessary to procure certified copies of the Returns of Survey of the Lands owned or claimed by our testator, M'r. Peter Kachlein, deceased), untill we had wrote to a friend at Lancaster to make searches in the Land Office, and Certify to us the facts how he shall have found them. We have this week received his answer, Who informs us that there are no returns of Survey filed in the Office, he therefore has sent us copies of the original Warrants and Applications, Which the Surveyor General has directed to M'r. Sambourne, to execute and make return thereof into the Surveyor gen'ls. Office. How to proceed in the business now we are totally at a loss. We as Executors know nothing at all about the Situation of the Land called for in the Warrants, &c., and perhaps never will be able to find the identical spot; for these reasons, we did not now forward the Warrants to M'r. Sambourne. We would, therefore, beg the favour of your Consulting with that Gentleman, and if not too troublesome for you to be so obliging as to write us p'r mail advising What in your opinion We had best to do in the business. Your compliance will be gratefully Acknowledged by Sir, Your very humble Servant, P. SNYDER. For myself and the other executors Luzerne County. _ _ _ Letter from Aaron Levy. Philadelphia, August 26, 1801. M'r. Thomas Lloyd. Sir: The above Lands conveyed by me to the State are held by locations dated in April, 1769, and which were lodged in the Deputy Surveyor's hands to be executed and returned to the Office. From Ill health I have not been able to attend at Lancaster, and the Dfts. I could obtain I enclose you; so soon as I can procure the Copy's of any of the other tracts I will forward them to you. I am, Sir, Your obedient Servant, AARON LEVY. Draughts herewith transmitted: John Wolf, 308. 2. 26; George Tanner, 302 3/4. <348> LETTERS FROM THE Letter from P. Snyder. Easton, Sep'r. 2, 1801. Thomas Lloyd, Esq'r. Sir: Your favor of the 26th Ult'o was duly received by me p'r Mail, & return you my thanks for the trouble you have taken in the Enquiry, and of informing your advice on the Subject; therefore, agreeable to the same, I herewith enclose the Copies of the Warrants and Applications which we have procured from the Land Office, and by the further favor of your putting them into the hands of M'r. Sambourne, for him to Execute if possible, and further, to assure that Gentlem'n that I should also have sent on his fees, If I had known the amount, and had not dreaded the risqué of some accident that might happen if this letter was miscarried before it reached you; that so soon as the service is performed M'r. Sambourne will be so obliging as to make out his acc'ts. and draw on me in favour of any person he may think proper; that the reasonable and legal amount thereof shall be honour at sight, or paid to himself, if he should happen to come thro' this place, leaving the option of conveniency entirely to himself. I am, with respect, Sir, Your very humble Servant, P. SNYDER. Thomas Lloyd, Esq'r. [In the above letter the following Warrants were transmitted to M'r. S. D'y. Surveyor: Peter Conrad, Henry Schreider, Michael Kocher, Christ. Wolf, Jacob Millar, May, 1774.] _ _ _ Letter from Putnam Catlin. Sept. 25, 1801. To Thomas Cooper, Esq'r. Dear Sir: I have considered the contents of your obliging note of the 11th Instant, & have agreed to waive the exception contained in my oath of single title, because I agree in opinion with you, that the form of the oath prescribed in the act meant no reference to a title claimed under the confirming law, & because I have no disposition to reserve any point or quibble for the decision of the Board of Property. Since that Board intend formally to object to granting patents, where the oath shall be thus modified, it would not be prudent for me to spin out the Controversy in a dispute about words merely. I am anxious to have the act carried into Effect, <349> PENNSYLVANIA CLAIMANTS. as far as possible, and as soon as convenient; it will, therefore, be very far from my intention to introduce difficulty in any stage of the proceedings. Should it ever happen that this act shall be repealed, defeated, or not carried into Effect, so that I may be driven to rest my title on something else, I shall trust there will be too much magnanimity and Justice in the State of Penns'a. to suffer any advantage to be taken or attempted, by reason of the form of said oath. I hope the Commissioners will not believe that the exception relative to the confirming law was introduced into the oath for any other purpose than as a necessary caution. Considering the peculiar circumstances in which the claim'ts under that law stand, especially since so much has been said, written and published, by one of the Members of the Board of Property, about Submission of claim, abandonment of claim, and of final and fatal Non pros. I am, Sir, Y'r. obliged and humble Servant, PUTNAM CATLIN. Tho's. Cooper, Esq. _ _ _ Letter from Rev. William Smith. Phila., Oct., 1801. Sir: Your letter of July 14 came to the hands of my Son William, when I was absent in Maryland, at the City of Washington, & I write these few lines from this place on a Journey to Huntingdon, Bedford, &c., if I am able to make it out. The queries in your letter are very proper, and shew the attention of the Commissioners & yourself to the tedious and troublesome business of the Commission. But that it should be laid under the necessity of applying to the owners of Lands ceded to the State, for the Purpose of (accommodation), requesting from them not only Drafts, but the Title Rights of the Lands ceded. Surely the Officers of the Land Office were able to furnish these, and they are the Judges, with advice of the State of the State law Officers, of the Validity of the Titles & claims, and the Drafts of the returns of Survey are easily to be found in the Surveyor General's Office, if it be under any proper arrangements & it is his duty to furnish them, for few of the owners will take that trouble. Some cannot copy Drafts, and many have no copies of the Drafts of their Land, &c. As to my partnership Contracts, the Commissioners may depend they are valid; they have been exhibited to the former Land officers; the Substance of my Contracts with John Coxe <350> LETTERS FROM THE is expressed properly in the same, and cover everything I claim in my release to the State, and if my Co-partners have mistaken or mistated their Shares, that is to be adjusted afterwards, and I cannot see how or why the Comm'rs should be at a loss to proceed, because they do not know the precise chain of title, or particular Share of every person who has released. If it were to be presumed that the Names or Persons of Claimants, could have any influence over the Commissioners, it were better they knew not either of them, but only to proceed to value the tracts according to Justice, and their powers having only the returns of Survey and the names of the original Warrantees, without any regard to mesne Conveyances or who may be the present owners. It surprizes me to hear you say "That I have not stated any chain of title to the Surveys in the names of Richard Smith (my Son) John Parkinson and Simon Armstrong." I have regular Conveyances from them all, such as is usual for obtaining a patent, and how could it be supposed I would release to or trifle with the State, unless I had such title? The same is the case respecting the answer to your other Queries; except so far as respects my authority from the Representatives of John Lukens. That was derived from his Executors and my Son Charles, as the Agent, and as Executor to Laurence Keene, will confirm it. I am happy to have it in my power to furnish a copy of the whole Survey of Abraham's Plains, divided into lots, with the names of the owners, certifyed by the late John Lukens. I deposited it two days ago with the present Surveyor General at Lancaster, who promised to make out a Copy and transmit the same to the Commissioners in a few days. Excuse this hasty Scrawl. If you can find a Conveyance to Huntingdon and have anything further to enquire of me, whereby my answer can expedite the business of the Comm'rs., I shall be glad to hear from you any time before the 10th Nov. Direct to my Son Richard, who lives at Huntingdon. I am, Sir, Y'r, most humble Serv't., W'm. SMITH. Letter from William Montgomery. Danville, Oct. 15, 1801. Dear Sir: By Post I received your note relative to the minutes of the Commissioners under the confirming law. I do not recollect that I have ever seen them since we were broken up, but I <351> PENNSYLVANIA CLAIMANTS. have always understood that Col. Pickering and Griffith Evans took them with them to Philad'a. and lodged them with the Supreme Executive of Penns'a.; but how they should have gotten into the hands of M'r. Bradley at Washington I can't conceive, unless they had been first copied before they were lodged in Council; but this is conjecture. I know nothing more of them. I am, Sir, Y'r. ob. Servt., W'm. MONTGOMERY. M'r. Th's. Cooper. _ _ _ Letter from Matthias Hollenback. To Thomas Cooper, John Steele, William Wilson, Esquires. Commissioners for hereing Disputes between Connecticut Settlers, &c. Wilkesbarre, Oct. 12, 1801. Gentlemen: I have objections against the present Plan of Survey of the two back tier of town lots in Wilkesbarre, say the second Division Lots, numbered as follows, viz: in the first tier, N'o. 38, 37, 36, 35, 34, 33, 32, 31, 30, 29, 28 & 27, and in the second, or back Tier, N'o. 50, 49, 48, 47, 46, 45, 44, 43, 42, 41, 40 and 37, alledging that there is more land taken into the Length of the said lots then they are entitled to, and by which mains the Land so taken into the before going lots is taken off of my third division or back lots (that is in part), N'o. 36, 37, 38, 39 and 40. I wish a delay of the Certificates being granted to, or that Patents may not issue to Joseph Slocum, Eb'r. Slocum, Benjamin Perry, Jacob Johnston, John P. Schott, Putnam Catlin, Hugh Connor, Jesse Fell, Samuel Bowman, Jacob Hart and W'm. Ross, or any one else, on any of the beforegoing Division Lots, as the may be numbered, untill I may be regularly heard before the Board of Commissioners, or untill there may be a Suit entered on the cause at common law. MATTHIAS HOLLENBACK. _ _ _ Letter from John Ewing, Jun. Philadelphia, Dec'r. 3, 1801. Sir: Hearing that you have returned to Lancaster, I take the liberty of requesting you to inform me whether the Lands belonging to my father, in partnership with Conyngham, Nesbit, and the heirs of Charles Stewart, situate in Nanticoke and <352> LETTERS FROM THE Jacob's Plains, have been surveyed, and whether the Business is in such a situation that we shall be able to obtain our money upon going to Lancaster for it. A line in answer to this as soon as convenient will greatly oblige us. We are now much in want of that Money, which we should have received many years since. I am, Sir, Your most obed't., hble Servt., J'no. EWING, JUN'r. Thomas Cooper, Esq'r. _ _ _ Letter from John Mulhallon. Easton, Dec'r. 14, 1801. Dear Sir: When I had the pleasure of seeing you in the City, I mentioned to you to inform me with respect to a small back track of Land lying on the Mouth of Lackwany, with a Saw Mil on it; the information I wish to have, Who is the rail Connecticut Claiment, and who the Pensylvania proprietors? if relinquished, What the valuation is and any other matter material for me to know, in order to obtain an indisputable title for the same; this information I wish you to communicate me by post as soon as posable, as my intention is to proscede through that Country to the pented post about Chrisamus. You attention to the Subject will ever be remembered by your Sincere friend and humble Serv't., JOHN MULHALLON. Thomas Lloyd, Esq'r. _ _ _ Letter from D. H. Conyngham. Wilkesbarre, May 27, 1802. Gentlemen: I received your note in answer to my application of last Evening. It has distressed me beyond anything I have met with, and altho' I must not call in question any official determination, yet you will allow me personally to state my situation, and to beg, if in your power, you will render me such assistance as you consistently can. Embarrassed in Circumstances, from a too great confidence in former friends, I have retired from every Business but a Liquidation of the affairs of Co'n. Nesbitt and Co., from whom there are several heavy Debts still due, for which Mortgages on my property about the City are given, and if pressed to Sale <353> PENNSYLVANIA CLAIMANTS. and really put up would bring but little in proportion to its cost and value at this unfortunate moment; to the Banks we have also a Sum to pay and having given to our Endorsers an engagement to apply the amount of our Lands Surrendered to the State, they have indulged us by renewing our paper to this moment, but on my return to the City with your Letter I dread a stop to the whole, and an accumulation of distress will fall upon me; perhaps, therefore, some plan for my private relief can be suggested, & as besides our own part the Estate of Colonel Stewart owe us a debt of D'rs. 5,000, Which they can only repay from the Certificates; a general Schedule of the Lands surveyed, with the acres and value, might enable me to induce one of the Banks to relieve me, giving up our Claim on the Certificates when issued by you to their order; as it would be signed by y'r Clerk, no other use could be made of it, and when you consider I am in fact deprived of all title by my Act of Surrender, I hope my private distresses will lead you to approve of this or suggest some mode equally satisfactory. I again Apologize for my Importunity, but hope your Friendship for me will excuse me. I shall leave town to-morrow morning if the weather will allow me, and am, with regard, Y'r. h'ble Serv't., D. H. CONYNGHAM. _ _ _ Letter from Col. Francis Johnston. Blockley near Philad'a., July 30, 1801. Gentlemen: Your Letter of the 14 Inst. came duly to hand, in reply for which I have enclosed for your perusal a List of Patents, &'ca., belonging to the Estate of Lawrence Keene, dec'd., but Whether they, or any of them, are situate within the Seventeen Townships I cannot say, not having in my possession the line of these townships. There are two or three tracts in which the Estate of Lawrence Keene is also interested, lying in Bently's creek, above Tyoga, and adjoining the N. York line; but whether these are within or without the Townships, for the reason already assigned, I cannot tell. I am sorry it is not in my power to furnish you with documents relating to the specific tracts, having no papers in my possession but the Patents. Gentlemen, Your Obedient Servant, FRANCIS JOHNSTON. Mess'rs. Cooper, Steele, & Wilson, Comm'rs, &'ca. 12-VOL. XVIII. <354> LETTERS FROM THE Patents N'o. 429, dated 24 May, 1788, Major Keene, Luz. Co., 400. 522, do. do. 553. 403, do. do. 502. 435, do. do. 602. 267, do. do. 346. 369, do. do. 400. 69, do. do. 500. 166, do. do. 500. 281, do. do. 500. All in the new Purchase. Patent to Lawrence Keene, dat. 6 Jan., 1784, 308, North'd County, situate in Augusta township. Warr't and Survey to Lawrence Keene, July 17, 1787, 300. A small tract in Lycoming, then North'd Co., 147. Patent to the Executors in trust, dat. 12 Ap., 1797, 99 3/4, situate in Augusta. Ditto, Ditto, 12 April, 1797, 286, situate in Washington Township. _ _ _ Letter from William Deane. Easton, May 31, 1802. Dear Sir: Yours of the 28th Instant I received, and in answer beg leave to inform you that I have obtained the release spoken of (signed Thomas Hayes) and transmited the same to Tench Coxe, Esquire, in Nov., 1800, which you will find amongst your releases. I have recently been informed that Hays conveyed to Col. Stewart, who conveyed to Conyngham, Nesbitt and Co. 20 Years ago, that the case Hays has no title. My respects to General Steele, M'r. Wilson & Col. Horne. Yours truly, W'm. DEANE. Thomas Cooper, Esq'r. _ _ _ Letter from Judge Jesse Fell. Wilkesbarre, May 29, 1802. Sir: In compliance with the request of the Commissioners, of the 26th Instant, I waited on Lawrence Myers, Esq'r., who I understood was interested in the township of Northmoreland; we called on Captain Gallup, Sh'ff. Dorrance and John Dorrance, who are all considerably interested in the same town- <355> PENNSYLVANIA CLAIMANTS. ship; they agreed to call a town meeting next fryday in that Township. I understood M'r. Meyers was considered as town Clerk and agreed to advertise the meeting. M'r. Gallup informed me that he was in possession of a certified Plan of the township of Northmoreland, the original field Book of Parks that surveyed it, and also a List of original Proprietors, but declined giving up the Plan until a town meeting was called, or he refunded the Expences he had been at in obtaining it; these Gentlemen proposed having Committees appointed to conduct the business of the town, Collect papers, &'c., and comply with the request of the Commissioners without delay, and informed me that it would be unnecessary for me to go into Northmoreland, as they would take every step Necessary in the business. Then taking with me Sh'ff Dorrance, who very obligingly accompanied me to the house of M'r. John Jenkins, I told M'r. Jenkins I waited on him with an arrent from the State Commissioners. I had a memoranda of my business and would hand it to him for his information; after reading it he replied he did not know the Gentlemen, that he had no business with them, or had he any papers for them; that he had no papers but his own, and that he should not deliver the papers to any Pennsylvanian; that he was not town Clerk of Exeter, nor did he know who was town Clerk; that he did not want his Land surveyed; if he did he could do it himself. I saw M'r. Jenkins the next day at the house of M'r. Barnum, at Pittstown, he requested to see my memoranda, which I handed to him; he again replied, he should deliver none of his papers to any Pennsylvanian. M'r. Dorrance informed that Peter Harris, James Scovell and Moses Scovell were proper persons to apply to. I then waited on James Scovell; he informed me that Moses Scovell had acted as town Clerk and shew'd one part of a plan of Exeter; it contained only some lots on the river without distance or Number, which I considered could be of No Service to the Commissioners. I then waited on Peter Harris and Moses Scovell. Moses Scovell informed me he was not what was called proprietors Clerk, and that he only acted as Clerk at their township Elections; the information was generally that all the papers were destroyed in the Indian Wars; they proposed to call a town meeting and take immediate steps to come before the Commissioners with their claims. I next proceeded to providence township. I waited on Esq'r. Searl, Who informed me that he had some papers belonging to this Township which he was willing to give me, but thought it better to deliver them to a Committee of the town; he informed me that Reuben Taylor was town Clerk. I then waited <356> LETTERS FROM THE on M'r. Taylor, who informed me that he had no other papers than a few town Votes; that what papers there were respecting this Township were in the hands of Esquire Searle; that he by request had advertised town meeting to be held next Thursday, on other important Business to the Township, and went with me to Isaac Tripp, whose Father had obtained the Grant of the Township. M'r. Tripp informed us that all their original papers were destroyed in the Indian Wars, but expected they were on Record; they proposed to notify those concerned, and attend to the request of the Commissioners without delay. I returned, believing from the general disposition that these Townships will be before the Commissioners in a few days. JESSE FELL. _ _ _ Representation of the Settlers. Salem, June 3, 1802. To the Board of Commissioners for carrying into Execution the Act of 4th April, 1799, entitled an Act for compensation to Penns'a. Claimants of certain Lands within the 17 townships in the County of Luzerne. The Subscribers, a Committee appointed by the Connecticut Settlers, residing within the township of Salem, for that purpose, beg leave to address upon the subject of their claims. The township of Salem was regularly granted by the Susquehannah Company, and every condition requisite to vest in the Proprietors every right or lot in s'd township was promptly fulfilled. But from the intervention of the revolutionary war some rights in the said Township were not improved nor occupied, until since the Decree of Trenton. The Settlers, therefore, wish to be informed from those Circumstances wether the Township of Salem generally Comes within the act or not. If not, wether the rights or lots unoccupied from the Circumstances af'sd are excluded. An Answer from the Board to those questions will much oblige. We are, Gentlemen, Your mo. Obt. Humble Servants, ALEXANDER JAMISON, NATHAN BEACH. Committee. Mess'rs. Thomas Cooper, General Steele, William Wilson. <357> PENNSYLVANIA CLAIMANTS. Letter from William Slocum. June 3, 1802. To the honorable Commissioners now setting in Wilkesbarre to Put into Execution the act of April 4, 1799, entitled an Act for offering Compensation to the Pennsylvania Claimants of certain Lands in the County of Luzerne, &c., &c. Whereas difficulty is likely to arise respecting the Sale of our Public Lands in the township of Pittstown, as I am told the honorable Commissioners do not cognize the Sale of Lands in the same situation in other townships, I humbly ask an answer in writing, as we are to have a town meeting to-morrow, by which means we shall be able of conducting our Business regular. I ask this as I am one of the Committee that sold the land; if it is inconsistant with your manner of Duing Business, I hope your honor will excuse me for the liberty I take. I am, Gentlemen, Your very humble Servant, WILLIAM SLOCUM. Tho's. Cooper, Esq'r. _ _ _ Answer to the above. June 3, 1802. The better way will be for the Inhabitants at a town meeting to appoint a Committee to apply for the Lands as trustees on behalf of the Inhabitants and proprietors of the Town; the sooner this is done the better. THOMAS COOPER. _ _ _ Representation from Berwick. Berwick, June 12th, at 5 o'clock, 1802. We the people of Berwick, at Common Council, met and think it our duty to give your Honours an early notice of our Situations. We understand that they have had a meeting in Salem Township, and they have unanimously agreed to support each other to git the whole Township or not to let you come into the Township to settle the disputes. We holding Pennsylvania titles, which we have purchased at a high rate, laying in the lower Eadge of Salem Township, we think to be enabled to prove by some of the old Settlers that they did not settle under the Connecticut title, and further, that there is <358> LETTERS FROM THE several lots in the lower end of the Township that they cannot prove the settlement of them before the Decree of Trintown, which the lower lot runs in our Land and likely will take away the water works, fishery and ferry, which may in time be valuable; which is granted to the Town by the Bill of rights; hard it appears to us, being the Frontiers in this disputed Country and haveing our Deeds of Land from the State, being in peaceable possession, we confide in your honours that where they cannot prove up the Settlement of those Lots under Connecticut to the very Extent of the law in the lower end of Salem, that you will not think it proper to grant them a Certificate for their Lands. But they say that they can prove up 20 Settlers. WILLIAM BRYAN, Clerk. Mess'rs. Cooper, Steele and Wilson, Esq'rs. _ _ _ Representation from Kingston. Kingston, Wednesday, 27 minits past 8 a. m. To the honourable the State Commissioners appointed under the Act of 1799. Gentlemen: The Committee of Kingston seize the earliest moment to state to your Board that until your decision is made known, where the middle line of the Town is by your opinion established, it will be necessary for them to make any enquiries as to the rear Bounds of the town, as the west corner is Vague and M'r. Cooper gave his oppinion Yesterday; notwithstanding all that was shewn the north Corner Bounds remained indefinite. Should it be your oppinion that the ancient Corners and the lines run by M'r. Woodworth are of no Consequence; then the objects of the proprietors of Kingston cannot be obtained thro' the medium of their Committee, agreeable to the votes of their meeting, viz: that a Committee be appointed to assist the State Surveyor to ascertain the old lines and Bounds of said town and the lines of the head of every tier of lotts in said town as run by M'r. Woodworth. We should not have hesitated a moment on the propriety of the object in view in our appointment, had not M'r. Cooper have said, "We will fix the corner whare we please, and order our Surveyor to run the line as we please, and give Certificates, &c." Should this be the oppinion of your Board in Bank, the Committee consider their appointment useless and their <359> PENNSYLVANIA CLAIMANTS. Business superceded, and may not pay any farther attention to the Enquiry. Wait the issue. Gentlemen, with all due respect we subscribe ourselves your mo. ob't. and very humble Serv'ts, B. CARPENTER, B. SMITH. Committee. [To this Letter no answer was returned. See the notes taken at the time of the trial upon the contested Line, where all the proceedings are accurately reported.] _ _ _ Letter from Abraham Van Courtright. Bloom Township, Northumberland County, June 17th, 1802. Gentlemen: I have received Enformation that three Lots, East side of the river, lying in the manner above Buttonwood, on the E. side of the river, about one mile below Wilkesberry town, in the County of Luzerne, distinguished by Numbers thirty-six, thirty-seven and thirty-Eight, Has Been Released by some Pennsylvania Claimant agreeable to the laws and provided for that purpose and releasing their claim. But the rail title for said lots is invested in myself the Subscriber and Beni Hundy. Having in the Year one thousand seven hundred and Seventy-three, I purchased the same of Philip Johnston, as the rail title was then invested in s'd Johnston, and neither of us has released any part of the said lots to the State. Gentlemen, I would not wish to be tedious, but if you please to Inform the Bearer, M'r. Mundy, and also write a few lines to me how the business stands. I am, Gentlemen, Yours, &c., ABRAHAM V'n. COURTRIGHT. To the honorable Body of Commissioners app'd., &c. _ _ _ Letter from Samuel Jackson. Berwick, June 21, 1802. Gentlemen: I herein send you a Plan of our town, marked as near as possible, with a chain shewing near the middle of Water lot N'o. 16, <360> LETTERS FROM THE is in the township of Salem; one Draft surveyed from the Town land for Jacob Smithers adjoining the Town plan, and Land surveyed for Alexander Patterson, and also s'd Patterson's Draft occupied by or for W'm. Bryan since the year '88, for your perusal, and if it should suit you, when you remove your offices for Salem, You may be accommodated in the Town of Berwic, and in Salem on Lot N'o. 16 with a tolerable two Story house, rent free, now unoccupied, where I expect you can be accommodated as reasonable and as genteel as in any part of this Country. I therefore submit all to your Superior judgment, and remain, with due respect, Your real Friend, &c., SAMUEL JACKSON. Thomas Cooper, Gen. Steele, & William Wilson, Esq'rs., Commissioners. P. S.--Please to excuse bad writing, as the mail is just closing. _ _ _ Letter from Reuben Taylor. Providence, July 15, 1802. Sir: Pleas to let the Bearer, Daniel Taylor, have the Extracks from M'r. Hart's office that belong to me, which I left at the Commissioners office when I exhibited my clame, my Deeds refers to the Partition of the Estate of Jedediah Hoyt, deceist, and shall want the said papers to describe the bounds to the Surveyors. One paper the order of the Orphans' Court, one D'o. the Extract Deed of the administrator of Timothy Keys to Jedediah Hoyt, one other paper the partition of the Estate of Jedediah Hoyt, will oblige, Your humble Servant, REUBEN TAYLOR. The honorable Thomas Cooper, State Commissioner. _ _ _ Letter from Evan Owen. Berwick, July 26, 1802. Sir: After reading your observations on the Wyoming disputes, and viewing a Catalogue I made some time past of many acts on the Subject, at a moderate calculation of the Expenses making and repealing will far exceed the sum limited to value the Land to the Pennsylvanians in the whole of the 17 townships, and if the sum to be paid by the Connecticut Set- <361> PENNSYLVANIA CLAIMANTS. tlers will more than pay the Expence of the Commissioners, the State will be gainer by paying the Pennsylvanians the full value for all the hold, rather that continue disputes as long again, and shall chearfully coinside in Judgment with you on the proceedings of the Legislature, as to inspire confidence or terror, but on the contrary invited insult to insult, made one necessity beget another, and leave the Pennsylvanian supporting the Interest of the State, with his property embarrassed, without opening a Door to recover the damage; yet I consider all those done away by application to the act of 4th April, 1799, and Supplements makeing part of the Township Salem a Common Stock with a cause of Sute from the 12th May, 1776, if allowed to be run by you Deputy by courses and Distances from the Beginning horn Beam, with notice to those whose titles it may effect, then will the Law of occupancy prevail, subject to other Laws of this State, and the only Differences amongst the Settlers is different modes of Surveys, one interfering with the other, and Justice and Equity if Conciliation is to be pursued towards the Settlers will secure to the Settler the Lot he occupied in the mode he settled, as each Lot is a separate tract in Pennsylvania. I shall add that though the Legislator may have a right to take land from an Individual for roads and Canals, for a just Compensation in money, to benefit the public, yet I know of no law in this Commonwealth to remove one Settler for another, unless the possessor should be proved insain and fall under the protection of the Court here. I submit the Premises to your superior Judgment, in hopes to see you at the time you appointed, I am, with due Respect, Yours, &c., EVAN OWEN. P. S.-Excuse Error of Judgment. I think as I say. To Thomas Cooper, Judge of the Court of Commissioners, Luzerne County. _ _ _ Letter from Ebenezer Bowman and Others. Wilkesbarre, Sep'r. 3, 1802. Sir: We have to acknowledge your communication of yesterday on the Subject of Appeals, and to apologise for not making you an earlier answer. We have attended to the propositions you have been pleased to make, and cannot, circumstanced as we are, find ourselves warranted in acceding to them. We have had no opportunity of seeing any of our Clients interested in the Subject of Appeals, and should we <362> LETTERS FROM THE agree to anything (however reasonable in itself), We might incur their displeasure. We entertain hopes that between this and next term (April), some legislative interference or Judicial determination will take place, removing every doubt which the Subject may excite. We are, Sir, with due respect, Yours, &c. ROSEWELL WELLES, EBENEZER BOWMAN, THOMAS GRAHAM. Thomas Cooper, Esq'r. _ _ _ Letter from Capt. John Paul Schott. Wilkesbarre, September 18, 1802. Dear Sir: I received a few lines from you, together with the Deposition of Thomas Wigton. I can't say how it is, I would request you to suspent your judgement ontill I can write to Thomas Neil to find out the truth. Thomas Wigton then had a good Caractor, and when that place or lot was sold nobody forbid the Sale thereof, altho' they knowed it. our best respects to you and Son, and I am, Dear Sir, Your most humble Servant, JOHN P. SCHOTT. Thomas Cooper, Esq'r., Braintrim, Luz. Co. _ _ _ Representation of David Moore. Feby. 17, 1803. Sir: Having the honour of a slight acquaintance with you, I take the liberty of enclosing to you a few lines for the consider'n of the Commissioners who value the lands ret'd to the Commonw'th within the 17 townships. You will be so good as to present them to your Colleagues. I trust there is no impropriety in addressing the Commission on a subject in which I am interested, and over which they exercise such unbounded Powers; business prevented my addressing them earlier. A Line addressed to me at West Chester, informing when it is expected the Commissioners will report, will be gratefully rec'd by your obed't Serv't., DAVID MOORE. William Wilson, Esq'r. <363> PENNSYLVANIA CLAIMANTS. Mess'rs. Cooper, Wilson and Steele, Commissioners, &'ca., Gentlemen: The death of my father (James Moore, Esq.), and my consequent interest in the appraisement of the lands released to the Commonwealth within the 17 Townships, induce me to submit to your consideration the following circumstances: That J. Moore had paid for those lands as early as the year 1773, that he esteemed some of the tracts valuable alone for their woods and Sawmill seats, Others on account of Ore mill seats, & that he once refused an offer of 5 Dols. the acre for the greater part of them. That Commissioners, under the act of 1783, made a favourable report on those Lands, and that David Mead, under an Act of Assembly for compensation, rec'd from the State £5 the acre for one of the tracts to which he set up a false claim. My father was induced to make the release to the Commonwealth from these reflections, viz: 1st. That the measure was necessary for the peace of the State. 2. That the very limited price allowed by law was only to be considered as a compensation, and not as a purchase. 5 Dols. could not be considered as the purchase of Lands worth 50. Dols; yet it would be an adequate compensation for all the costs and trouble of the releasor; under the constitution he knew the property could not be taken without a just compensation, even for the public, he therefore, did not believe the legislature for the use of some of their worst Citizens would obtain the property at a less than just compensation by the fraud of delusive Offers and terms, by denying protection to the possession of the property itself. 3d. That it would be the duty, and of course the conduct of the Commissioners, to give the law its true construction and so act as not under the law unreasonable, unconstitutional or unjust. In ascertaining value he considered the Commissioners as exercising the important rights of a Jury, and like a Jury he trusted they would receive inform'n and reasoning and decide according to equity as well as law: he conceived their powers to be all important, the superceded the trial by Jury and had the honour of the State and the rights of their fellow-citizens in their hands, without the smallest controul either by new trial, rehearing or Appeal. 4. That it would be the duty of the Commissioners sent, to ascertain what purchase money was paid and when, and by proper calculations of Interest to equalize all the releases as to reimbursements, then to take into consideration the several values of the property released and average the appraisement so as to make a Just and equitable compensation (in the way of Damages), according to the sacrifice of value each releasor may be supposed to have made to the State. The State in de- <364> LETTERS FROM THE fault, not only for Neglect in not protecting the rights it granted, by the various interferance of its Legislatures in preventing a possession of the land it had granted, and as a defaulting individual was bound in conscience, not only to reimburse but to compensate with adequate damages within the limits prescribed by law. He belives that improvements, and all natural advantages of ores, Water, &'ca., would have their values considered as well as Soil. 5. His claim for reimbursements at the time of his release, Sep., '99, stood thus: Cash p'd the Receiver General, receipt dated 9, 21 June, 1773, for Lands in the names of Forster, George Lurgan, Moore, Mead, McClay, McCord, Parr, Russel, Smith, Templeton, J. Wilson, W. Wilson, J. Weitzall & C. Weitzall, am't., 362.10.0 Interest on that Sum from 1 July, '73 to 1st Dec'r., 1774, when fees of Survey was paid, 1. 5 Mo., 30.16.3 Add Surveyor fees then paid, 36. 0.0 Add the moiety of the Sums p'd the State on the Warr'ts of Kess and Kachlein, J. Moore p'd £100 for this moiety but the State is only to be charged with its receipt, 24.15.0 Add Expences in discovering Warrenty & Survey'g, at least, 45.18.9 ________ Total, £500. 0.0 Comp'd Int't on that Sum from 1st Dec'r., 1774, to 1 Sep., '99, when he made the release, is Y'rs. 24, 9 Months Interest from then to valuation, 1,518.15.0 _________ Total claim for reimbursement, and if a Cent less is allowed a fair reimbursement will not be made, £2,018.15.0 =========== My father took up those lands early, and if they were not all of the first rate, he trusted from their natural advantages, and his early oportunity of choice, that they were fully within the Second rate. Under these ideas he rested satisfied that he would not only be reimbursed, but receive a considerable compensation. In addition to the foregoing, I will only add that Compound Interest in this case is not only equitable but necessary to Justice, and can lawfully be allowed in the valuation. The man who did not pay the State, but traded on his money, or put it to interest, made compound interest, he ought not to be in better situation than the Citizen who with more honesty paid for his land. Again, unless the most liberal Valuations are put upon the <365> PENNSYLVANIA CLAIMANTS. lands released, another instance will be afforded where the delinquent or refractory citizens will be placed in a better situation by law, than those who with the greatest promptitude submit to the will of the Legislature. It is in the instance of the late law enabling those who did not rlease their right, to recover from the State the Value of their Lands, to be found by a Jury who will be under no limits in price, and who can take into consideration every equity and every species of value. With the fullest reliance on the Wisdom of the Commr's, I subscribe myself their devoted, Humble Serv't., DAVID MOORE. _ _ _ Letter from Charles Hurst. D'r. Sir: I sold the State near 8,000 acres of land, ab't. 1,500 on Lacawanna creek. M'r. Lloyd & the Survey'r spoke to me ab't. 12 M's. since, & told me the land above lay at Pittstown & was surveyed; shall esteem it a favour to be acquainted with the valuations and when you expect we shall have Certific's for it. I believe them lands were good one. Samuel & William Miller has a mill on part of it, and I am told its mostly settled. Shall be glad to hear if the Lands on Susquehannah are surveyed under the Rights of S'r. William Petty, now Lord Shelburne, Arent Sonmans & W'm. & Letitia Penn, Guilielma Maria Penn. Y'r. ans'r. will oblige Y'r. Most Hble Servt., CHA'S. HURST. Nov. 18, 1802. Thomas Cooper, Esq'r. _ _ _ Letter from Robert Harris. Harrisburgh, December 1, 1802. Dear Sir: In consequence of the death of the late D'r. Ewing, of Philadelphia, I have become interested in the procurement of some Certificates which I understand is to be issued by you and other Commissioners on the part of the State, to the Estate of D'r. Ewing and others, for Wyoming lands, subscribe to the State of Pennsylvania; would thank you for information as to the time you expect the certificates will issue, as the Estate is much in want of some cash; the family would take it as a particular <366> LETTERS FROM THE favour if you would pay some attention to this business as soon as you can make it suit your official engagements. I have understood from the Governor that certificates have issued to some individuals; would thank you to mention whether our Lands have been surveyed and valued or not, as D'r. Ewing died intestate; perhaps it will be necessary to issue the Certificates in the name of the Administrator; they are his two Sons John and Samuel Ewing, both of Philadelphia. I would thank you for a line in answer to this letter, or if you should be going to Lancaster to meet the Legislature, would thank you to give me a call. I am D'r. Sir, yours sincerely, ROBERT HARRIS. Thomas Cooper, Esq'r. _ _ _ Letter from Judge Jesse Fell. Wilkesbarre, 15th Feby., 1803. Dear Sir: This will be handed to you by William Ross, Esq'r., to whom I have given a Draft on you for 50 Dollars at 10 days sight; the payment is to discharge a debt in the hands of John Ross, Esq'r., of Easton (now in the Legislature), for somewhere near that Sum. I have also drawn another order on you in favor of Ben. Perry, also payable at ten days sight, at 100 Dlls. We are progressing with enteries, &c., in the Office. Your letter to the Governor has been published, and remarks thereon by the Printer, or some other person, in the Wilkesbarre paper; this at first made some noise, but now it is over and I believe your reasoning will be generally assented to. I am in hopes the late riot at Wylusing Creek, if rightly improved, will be the occasion of bringing matters to a speedy Settlement. I have enclosed to M'r. Welles a Copy of an address from the Settlers in the 17 Townships, which I have requested him to shew to you, and I fondly hope there is such a disposition in the actual Settlers as will bring about a speedy accommodation of this too long and destructive dispute; they have determined to come forward as settlers, unclogged by the Delaware and Susquehanna Companies, and the present measures as by you recommended, pursued in the 17 Towns. If there should be a disposition in the Pennsylv'a. Claimants to meet the Settlers at reasonable price, I hope the whole will be brought to an amicable conclusion. As John Cooper also writes, I shall conclude on this side of the Sheet, by saying I am your sincere Friend, JESSE FELL. Thomas Cooper, Esq'r. <367> PENNSYLVANIA CLAIMANTS. Letter from Col. Clement Biddle. Philadelphia, Feb. 2, 1803. Gentlemen: In the month of May 1800, on Application to me by M'r. Lloyd, who he said was sent to me by his Excellency the Governor, I procured a Horseman's tent for your use and paid for the same $27 60/100. I furnished the Bill to M'r. Lloyd, but he has never paid for it, therefore, I request that you will order payment to be made to me for the same or that you will certify the amount, that I may Apply for Payment to the Register or Controller General. I am, respectfully, Gentlemen, Your mo. obt. Serv't., CLEMENT BIDDLE. Commissioners for Settling Differences in Luz. Co. to Clement Biddle, May, 1800, P'd. Ja's. Stew't for a horseman's Tent, delv'd to Mr. Lloyd, 27 60/100. _ _ _ Letter from William Bell. Philadelphia, April 1st, 1803. Sir: On the 5th January I took the liberty to address to your humanity, in behalf of a very distressed family, viz: David H. Conyngham's. If he could get the certificates for the lands ceded to the State of Pennsylv'a, the Banks have offered to take them as security, and give up or exonerate the Indorser on their notes, for which notes Conyngham is sued. Some Judgments are on record, and at September term many more will be obtained against them. The Banks have agreed to wait any reasonable time on being paid Interest on State security. All I wish to ask of you is do as much as you can with propriety for their relief. I will not add more, but leave your Benevolence to determine and do what your better judgment may think right. I am, with the greatest respect, your obedient Servant, WILLIAM BELL. N. B.-I am myself one of the most trifling creditors. I have taken trouble to assist that family. I have no other object. _ _ _ Letter from Alexander J. Dallas. April 2, 1803. Dear Sir: Let me trouble you with a letter, from M'r. Bell on the case of M'r. Conyngham's claim for a Wyoming Certificate. I men- <368> LETTERS FROM THE tioned what passed between us on the subject last January; and he feels perfect confidence in your Benevolence. Do me the additional, to direct M'r. Trimble to communicate answer. In expectation of seeing you in a few days, I remain with sincere respect & attachment, D'r. Sir, Your mo. obt., A. J. DALLAS. To his Excellency Tho's. McKean, Gov., &c. _ _ _ Letter from Richard Manning. Jersey Shore, July 7, 1803. Sir: Understanding you are a Commissioner, appointed by the State, to determine the claims of the Citizens of this State, on Lands situated in Luzerne County, at present possessed by New England intruders, I take the liberty of stating a claim I have on 120 acres, in the manor of Stoke, I have conveyed to the State in last July, 1802. I had entrusted the business in the hand of William Wilson, Esquire, deceased; after his return from the Assembly, I had not time to inform myself respecting the manner I ought to follow in having my just claims redressed, as he was taken of in a sudden; therefore, Sir, I pray you to inform by letter what method I shall pursue to obtain my property, for which I will consider myself bound to you, and will remain your Humble Servant, RICHARD MANNING. N. B.-The land is situated in the Township that Wilkesbarre is in. _ _ _ Letter from Anthony Morris. Philadelphia, August 16, 1803. Sir: My Friend Samuel Roberts, Esq'r., informs me that he has put into your hands the papers relative to some Interests of mine in North'd and Luzerne Counties. I am well satisfied Sir, with his disposition of them, and will be obliged by your attention to their several objects, for which I will willingly hand you the quid pro quo when I have the pleasure of seeing you, which will probably be in the Autumn; should you then be at Northumberland in the mean time, you will oblige me by having prepared what remains to be done on my part (to Entitle me to the Benefits of the Act of Assembly of 1799, rel- <369> PENNSYLVANIA CLAIMANTS. ative to the PENNA Claimants of Land in the Seventeen Townships), with the tract of Land, a rough copy of the draught of which is enclosed, and which I find by a Mem. of yours furnished to M'r. Roberts is in Putnam Township; my requests to M'r. Roberts were that my tracts in the Townships might be released, and that he would inform me what was to be done by me pursuant to the act, the practice under which I have not been informed of: the same thing I wished also should be done for the Representatives of the late James Morris, Esq'r., with a tract of land on the second fork, I think of Fishing creek, in one of the Townships, the papers relating to which M'r. Roberts also had, and I presume are now in y'r possession. What other Interests of mine, or the Estate of James Morris, are under your care, You will oblige me by being made acquainted with by M'r. Roberts before he leaves Sunbury. I am, Sir, with much Respect, Y'r. obed't. Servant, ANTHONY MORRIS. Thomas Cooper, Esq'r. _ _ _ Letter from Samuel Baird. Wilkesbarre, October 7th, 1803. Sir: I was sorry to learn on my arrival at this place, a few days since, that you had had a severe time of sickness. But on enquiring of your Son was informed you were so far recovered as to be able to ride out. As I well know it will afford you a great satisfaction to hear of the Success of any measures taken towards settling the disputes about titles in this Country, I take the liberty of mentioning to you my progress up the river. Altho' on my first arrival at the mouth of Tawandee I found several determined to oppose my surveying: a meeting was called for that purpose, and strongly urged by one Fowler, who from the number of his Sons and Sons-in-law is as formidable as an Eastern Patriarch (all on the Asylum lands). Yet owing more to good fortune than any peculiar address of mine, I have not only been able to survey, but of 48 Settlers on the Asylum lands on Tawandee, I have actually contracted with and run off the lots of 43; some trifling cicrumstances prevented my contracting with 4 others. But I have verbal agreements with them that satisfies me they will give no further trouble. One only remains, and he has put me at defiance. I have succeeded, however, beyond my Expectations, and hope 24-VOL. XVIII. <370> LETTERS FROM THE D'r. Rose will follow up the measure. I agree with M'r. Minor, who observed to me that a few strokes of this kind would make the Connecticut title of bad credit. I feel a regret however in mentioning that the Doctor has not yet made a single contract. Whilst surveying the South branch of Tawandee we discovered an interference between M'r. Priestley's lands of Captain Sam. Morris of Philadelphia. I thought it best to have it ascertained and M'r. Whitacre has done so and will write M'r. Priestley. I am, Sir, with much respect, Your obed't. Servant, SAM'l. BAIRD. Thomas Cooper, Esq'r. _ _ _ Letter from William Witman. Reading, August 6, 1803. Sir: I understand that the Commissioners are issuing Certificates to the Pennsylvania Claimants for the Lands that have been valued. I claim about 650 acres of Land within the Seventeen Townships, and in the Township of Newport, which I have conveyed to the State, under the Act of Assembly, and which I am told have long sice been valued. You will much oblidge me by forwarding the Certificates for my Lands to the Secretary of the Land office. I am, Sir, your most obedient humble Servant, W'm. WITMAN. Thomas Cooper, Esq'r. _ _ _ Letter from Alexander Hunter. Sunbury, 12 O'clock, December 1, 1803. Sir: Be so kind as to leave with M'r. Hamilton a few lines informing me what time I may attend at Lancaster in Order to have a trial before the Board of Property for them Lands on Lackawannock; please to give me any other Information and direction how to proceed the more speedily to obtain my Certificate and you'l Oblige yours, ALEXANDER HUNTER. Thomas Cooper. From Samuel McClay, A Yankee township, Muncy half Share. Sixteen thousand Acres of land, known by the name of Braintree, lies adjoining the South line of Lancaster, and also joins upon Gilead, and is five miles square; is situated in the County <371> PENNSYLVANIA CLAIMANTS. of Luzerne in the State of Pennsylvania; the chief town of the County of Wilkesbury, or Wyoming, being part of the Susquehanna Connecticut Company's Land. What Situation is this tract of land in, and is the title valid, to those who purchase of David Leonard, who owns 2,000 acres in it? _ _ _ Letter from Col. John Steele. Lancaster, December 19th, 1803. Gentlemen: I have this moment been called on by M'r. David Moore, of Westchester, son to James Moore, who has released land to the Commonwealth, situate in the Township of Providence, and I believe part in Pittston. He is very importunate for his Certificates and requested me to write you on the subject. If the calculations are in such forwardness as to admit your having M'r. Moore's Certificates made out it will render him a particular service. I request the favor of a line from you on the Subject. Am, with Sentiments of Esteem, Gentlemen, Your Ob't., Hble. Serv't., JNO. STEELE. Messrs. Cooper & Taylor. _ _ _ Letter from Col. John Steele. Lancaster, Decem'r. 22d, 1803. Dear Sir: As Financial arangements must be made during the present Session to meet the several demands against the Commonwealth, of which the Claims of Pennsy'a. Landholders, late in the Seventeen Townships, will be the greatest, I beg you will as far as the Calculation made will enable you, furnish a Statement of the Amount to be paid to Pennsyl'a. Claimants, and what will eventually be paid into the Treasury by the Connecticut Claimants. This information will be of importance to the Committee of Ways and Means in particular, and the Legislature generally. I am, Sir, with due respect, Your Ob't. Serv't., JNO. STEELE. Tho's. Cooper, Esq'r. <372> LETTERS FROM THE Letter from John M. Irwin. Philad'a., June 7th, 1804. Friend: I have to request the favor of your assisting me, it being in your power. I hold lands in Company with John Smith; they lay in the 17 Townships and are Conveyed to the Commonwealth by Sarah Campbell and Rebecca Robins. The Warrantees names are: Adam Clock, Benj. Bear, W'm. Smith, Rudolph Hope, Jeremiah Talbot & David Newswanner. By your returning the valuation of them I may get my Certificates, which you may depend I am in want of. I am, Sir, Your Most ob't. Serv't., JOHN M. IRWIN. Thomas Cooper, Esq'r. _ _ _ Letter from John Pawling. Providence Township, Montgomery County, 11 June, 1804. Gentlemen: Agreeable to M'r. Taylor's request that I should Note particulars respecting the Money arising from the Wyalusing tract, I have promised it to my son-in-law, Robert A. Farmer, to enable him to go to Louisianna to prosecute his claims for his Lands in that Country, as the Commissioners have met there and the time is limited for the Claimants to prove their title to 10th September. So, therefore, Gentlemen, if you could facilitate the Certificate, and send me p'r. post, it would be conferring a great favor, and rendering an Essential Service. I remain with great Respect & Esteem, Gentlemen, Your most ob't., Hble. Sev't., JOHN PAWLING. Thomas Cooper and John M. Taylor, Esq'rs. _ _ _ Letter from John R. Coates. Carlisle, July 5th, 1804. Sir: The Secretary of the land office informed me that it <373> PENNSYLVANIA CLAIMANTS. was probable the Certificates were made out for the Luzerne lands belonging to the late proprietaries. I am induced to send an express to you in hopes the papers may be in your possession; if they are at Wilkesbarre, be so good as to direct the Messenger on whom to call there. If they are not all made out I will thank you for as many as are; my reason for Sending at this time is that I may call at Lancaster when I return to Philadelphia. I am, Sir, respectfully, Your Most obed't. Serv't., JOHN R. COATES, Att'y. in fact for J. & R. Penn, Esq'r. Thomas Cooper, Esq'r., Sunbury. _ _ _ Letter from Nathan Beach. Salem, July 8, 1804. D'r. Sir: The next day after my return home from Lancaster and Philad'a. I went to Wilkesbarre, where I expected to have seen you and given you a full Statement of my interview with M'r. Ellicott, and afterward with the Gov'r., which is too lengthy for me a poor writer to Communicate by Paper, &c. I will only add that M'r. Ellicott says he knows not such a man as Ja's. Stackhouse; that he never said such a thing to any man; that the papers in dispute between the Comm'rs and them, had been long since left with the Attorney Gen'l. for his decission and that they did not care one Cent which way he decided (that part I did not believe); but at the same time telling me should the Att'y. Gen'l. order Patents to issue on the Certificates, as made out, the Office could not attend to our Patents this Summer; said I, not give us one this Summer? they would not promise, so ended that business. On my return to the City, I called at the Att'y. Gen'l., he not being at home and not expected 'till I would leave the City, I then took Courage and dashed down to the Old Gov'rs. I there introduced the Subject without ceremony, and in my blundering, farmer-like manner, gave him a full Statement of what had passed at Lancaster with the Board of Property, also the Situation of our Country in consequence of Patents not issuing on the Certificates, &c.; after asking me where I lived, &c., and being informed my name, &c., he told me he was very happy that I had called on him, that he well knew the Situation of them who had been active in getting the Law of '99 in Opperation, together with the Comm'rs. appointed under said law, on account of delay of Patents, &c. That he was sorry a dispute had taken between <374> LETTERS FROM THE the two boards. But, said he, I believe the Board of Property to be right as to matter of form. But the Board of Comm'rs. are right as to matter of substance. I wish'd to have the Substance and the Land Office Could keep their forms; the Gov'r. then told me the Att'y. Gen'l. had decided in favor of the Comm'rs. Certificates; that the Gov'r. himself would in 4 days from that time go to Lancaster and take with him the decission, order the Board to issue Patents on application of any settler producing a Certificate from the Comm'rs.; that I should inform my Neighbours from him that any of them wanting their Patents to come down in Eight days from that time and they should not be withheld from them. I then told the Gov'r. I saw a Spirit of opposition with Some of the Board should they be directed to issue Patents, they intend to get off by saying they cannot attend to it this Summer. But, said the Gov'r. they shall issue them, and that I will see to it, &c. I then left the Gov'r. well pleased that I had call'd on him. Should you return to Wilkesbarre soon and can make it convenient to come and tarry with me, will be esteemed as a particular Obligation Conferred upon, Sir, Your Friend and Servant, NATHAN BEACH. Tho's. Cooper, Esq'r., North'd. _ _ _ Letter from John R. Coates. Philadelphia, July 9, 1804. Sir: I lately sent an express to you at Sunbury, but you must have left that place before his arrival. I heard of your coming to Philad'a. & hastened from Carlisle that I might see you before your departure. If I do not succeed in meeting with you, be good enough to leave a line at Tomlinson's Bar, informing me whether the Certificates for the Proprietaries land in Luzerne have been made out. And if so where they are and how I am to obtain them? By taking this trouble you will greatly oblige, Sir, respectfully, Your mo. obed't. Serv't., JOHN R. COATES, Att'y. for J. & R. Penn. T. Cooper, Esq'r. _ _ _ Letter from Joseph Reed. Phil'a., July 13, 1804. Dear Sir: Under an idea that the two tracts of land within <375> PENNSYLVANIA CLAIMANTS. mentioned were within the limits of the Seventeen Townships, I conveyed the Same to the Commonwealth. It appears, however, that they are not & I have some difficulty in procuring my Title again from the State, and I am informed that it cannot be done without a Certificate from the Commissioners; will you, my dear Sir, be so obliging as to forward to me a Certificate that they are not within the Seventeen Townships. Your early attention will Oblige, Your humb'l Serv't., JOS. REED. Jno. M. Taylor, Esq'r, Wilkesbarre. Andrew Caldwell 301, 120, situate on the head Waters of Legates Creek and Lackawannock, adjoining Geo. Fullerton. Samuel Caldwell 32,490, about two miles North of the above, and on the head Waters of Tunkanock, near lake Chapman. _ _ _ Letter from John Evans. Philad'a., July 19, 1804. Respected Fr'd., John M. Taylor: Thine of the 7th instant from Wilkesbarre came to hand, and am much obliged by the information, & as my Fr'd. Nathan Beach, Esq'r., is in your Country, & I suppose often at Wilkesbarre, be so obliging as to see him on the occasion of my business; he has seen the Original receipts for the money being paid E. Physick, as Attorney for the Proprietors, & has a Copy of them, & are in the name of John Evans and Robert White, & from Robert White I have a release long Since. I trust my Fr'd. Taylor, as a fellow Citizen, will aid me in legal way in his Appointment in the land business, in detecting this Shameful attempt of deception by those young men that represented the Estate of Reuben Haines, & please to consider this application not only as a Citizen, but so far as regards them and Others in the appointments of the lands as legal applycation, & as I am a Stranger to the mode you will be so obliging as to note it on your Minutes to prevent any payments to the Estate of Reuben Haines, or the young men who effected the release from me, & as to Robert White that I have a release from; he has been dead upwards of twenty years. I need not appologise for this, as I am convinced all those Gentlemen associated in the land business would not Countenance such deception as is endeavouring to be practised on one by the release of my Land. Am with Sentiments of esteem thy Fr'd., JOHN EVANS. John M. Taylor, Esq'r. <376> LETTERS FROM THE Letter from John P. Helfenstein. Lancaster, July 24, 1804. Sir: Your favour of 20 Ins't, was duly handed me, per M'r. Christopher Mayer, and in answer have to inform you from information received of the Secretary of the Land Office, that it is necessary for you to make application to the Commissioners, who reside at Wilkesbarre, in Luzerne County, from whom you will receive authority to get the Compensation allowed. Your Obt. Hble. Servant, JOHN P. HELFENSTEIN. _ _ _ Letter from Peter V. Dorsey. Philadelphia, July 28, 1804. Gentlemen: In December, 1803, I conveyed a Tract of Land lying in Luzerne County, within the Connecticut claim, to the Commonwealth, and delivered the Conveyance, together with the Instruments of writing thereto, to the Secretary of the Land Office. I lately wrote to Lancaster respecting my Compensation for said Land, when I received the enclosed Letter for answer. I have, therefore, to address myself to you on the Subject, and request that you will please to transmit the Instrument which shall be necessary to enable me to obtain from the State for my said tract of Land. I am, Gentlemen, Your Mo. Obt. Serv't., PETER V. DORSEY. The Commissioners, &c. _ _ _ Deposition of William Montgomery. Northumberland, ss: Before me the Subscriber, One of the Justices of the Peace for Northumberland County, personally came William Montgomery, Sen'r., and being duly sworn, according to law, doth Depose and say that by virtue of an Act of Gen'l. Assembly of Pennsylvania, passed 29 Sept'r., 1787, the line of Luzerne County should be from the Mouth of Nescopeck creek North One Degree West, till it should intersect the high lands dividing the Waters of the West branch of Susquehanna from those of the North Branch, and in a subsequent Section of the same Act Timothy Pickering, William Montgomery and Stephen <377> PENNSYLVANIA CLAIMANTS. Balliet were appointed to survey up to that Land, all the lands claimed by the Settlers at Wyoming, in Order to enable them, of whom the Deponent was One, to proceed and execute this Duty, it became absolutely necessary first to ascertain said line; for which purpose they all three met at Berwic, either in the fall of 1787 or 1788, the Deponent is not very certain, but rather believe it was 1788, pretty late in the fall, and proceeded with Surveyor and 2 chain Carriers and a Marker, and ran the line North One Degree West from the Mouth of Nescopeck about Eight miles and perhaps a half or three Quarters, until they were opposite or nearly so to the place called the Town hill in Huntingdon Township, and having taken a view of the top of said hill from two different stations thought they had sufficient information for the purpose intended and ran no farther; and so far as the Deponent can recollect the Sole reason for not going on was because the law was silent as to our pay. The Deponent haveing been lately appointed One of the Commissioners to run the lines between Lycoming, Luzerne and Northumb'd, and in Order to ascertain the point where Luzerne, Lycoming and Northumberland all met, it was absolutely necessary to continue the line from where Colonel Pickering and his fellows had run it before; accordingly the Deponent went to the place, found the marks where they had before left off, and in Company with W'm. Clay, Jun'r., and Henry Donnell the other Commissioners, run it from thence towards the Mountain till Evening came on; the course we ran was N 2 West, allowing this Degree for variation, so that the whole might coincide. The next morning I left the Comm'rs and by the return of their notes it appeared that they ran that line to the top of the Mountain, where it intersected the line between North'd and Lycoming, where they fixed a Corner, and to the best of this Deponent's Recollection the field notes were sent with Colonel Pickering to be laid before the Supreme Executive Council, and further saith not. Sworn and Subscribed before me this 1 Day of Aug't., 1804. W'm. MONTGOMERY. _ _ _ Northumberland County, ss: Personally appeared before me the Subscriber, One of the Justices of the peace for the County aforesaid, Gen'l. William Montgomery, who on his solemn Oath doth depose and say that the within Deposition is just and true to the best of his knowledge. Witness my hand and Seal this 1 Day August, 1804. [Seal] WILLIAM MONTGOMERY. <378> LETTERS FROM THE Letter from Lord Butler and Rosewell Welles. Wilkesbarre, August 3rd, 1804. Mess'rs. Thomas Cooper and John M. Taylor, Commissioners, under the Act of April 4th, 1799. Gentlemen: The uncertainty the Connecticut settlers are still under, when the Certificates by you given will ensure a Patent from the Land Office, the various and contradictory reports that has been circulated on the subject, the hindrance it occasions to the Opperations of the Commission under which you act, by preventing the delivery of Connecticut Deeds, and the confirmation it affords to the hostile prophecies of the enemies to the compromising Law, render it extremely desirable, and indeed absolutely necessary, that some publick information should be given to satisfy (if possible) the agitation of the minds of those who have hitherto relied implicitly on the Honorable intentions of the State, and the integrity of the present Commission. As a committee of a meeting convened for the purpose, we request of you, Gentlemen, to inform us whether if we send down our Certificates to Lancaster, with the money thereon due to the State from the Connecticut Claimants, there is good reason to believe that Patents will issue for the Land certified without delay? The Committee are Also instructed further to add, that certificates heretofore have been presented and patents requested, but the Board of Property have declined issuing them, and their reasons for so doing it is understood are the following, to-wit: That the Patents must recite the Land as being released to the State or not released, and as the Certificates do not furnish this information, the Patents at Present, it seems, cannot be granted. Whether you have made or expect to make arrangements for giving this information, which the Board of Property deem so necessary, is what the Committee wish to know, if You, Gentlemen, should deem it expedient to inform us. We are, Gentlemen, with much Respect, Your obd't. Serv't., LORD BUTLER, ROSEWELL WELLES. _ _ _ Letter from Thomas Lukens Falls of Beaver, June 20, 1803. Sir: I received a letter from you of the 25th of March a few Days ago, respecting some lands released by me to the Commonwealth. The greatest proportion of the lands are in the follow- <379> PENNSYLVANIA CLAIMANTS. ing Situation: left me and others as heirs of the Estate of John Lukens, Deceased, formerly Surveyor General, which papers were deposited by Major David Lenox, the acting Executor in the Bank of North America, when he went to Europe; as he has returned no Doubt remains on my Mind but every attention will be paid to the Business. There is One tract of mine, independent of the above, left me by my Brother, Capt'n Jesse Lukens, of the 2d U. S's. Regiment; this from information of Gen'l. W. Montgomery, of Danville, N. Bra. Susque'a., lies in Huntingdon, One of the Townships in Dispute; the papers and Documents I left with a Friend near Milton, No. Bra., some time ago. I will here insert an Extract from the Will of my Brother. Item.-I give and bequeth all that tract of Land lying and being in the County of _ _ and on both sides of big fishing creek, on the Susquehanna River, surveyed by W'm. Montgomery, Esq'r., in the Year 1784, by virtue of a Warrant in the name of Jesse Lukens, containing 425 acres and upwards, and the usual Allowance, to my Brother, Tho's. Lukens. If the land cannot be got at by the above information, I would thank you to let me know, and any trouble you may be at shall be cheerfully paid; please to write by Mail, as the letter you wrote lay in Beaver Town better than a Month after the return of General, the great Gen'l. Laycock, by whom it was sent. I am, Sir, Your mo. Obed., THOMAS LUKENS. M'r. Thomas Sambourne. _ _ _ Letter from Robert A. Farmer. Birdsborough, Berks County, 14 June, 1804. Sir: Inclosed is a Letter from my worthy Friend Gen'l. Nichols, as I had not the honour of your Acquaintance he was kind enough to be my Advocate, that I might be enabled through your means recover my Birthright, which was taken from us by the Spaniards in 1781. I perceive by the Newspaper that the Commissioners have met at the Natchez and Mobile, and the time will expire by the 16th Sept'r. for the Landholders to lay in their claims. So you will conceive, Sir, how necessary it is for me to be in that Country by that time, where my Family has upward of two hundred thousand Acres of Land, part of which we have settled and made considerable Improvements on, before it fell to the Arms of Spain. <380> LETTERS FROM THE M'r. Pawling, my Father-in-law, has given me the Money come from the Commonwealth for the lands he holds in Wyalusing, have therefore to beg that you will be pleased to send the Certificates either to him or Me; he has wrote a few Days ago by M'r. Stalford respecting the Business. Do Sir let me entreat you to be expeditious, as it will be the means of saving a large family from want; relying therefore on your Goodness, I subscribe myself, With Esteem and regard, Your mo. obt. Hble. Serv't., ROBT. A. FARMER. [July 27, 1804, Answered that John & H. Pawling alone or their Assignees are entitled to receive the Certificate.] _ _ _ Letter from John Donaldson. Dear Sir: Agreeably to your polite Offer of enquiring into the Situation of Lands belonging to the Estate of E. Milner, I enclose you a list and request you will be so good as to forward the Certificates of such as fall within the Townships to be paid for by the State and advise me thereof. I am, with respect, Your Friend, J'no. DONALDSON. J. M. Taylor, Esq'r. 329 1/2 Acres George Tudor, Hoopenny Creek adjoining J. M. Nesbitt. 287 D'o. Tho's. Ryerson, on the Waters of Lackawannock, adj'g Land of G. Graham. 306 D'o. James Care, on Tunckhannock, adjoining Land of E. Shippen and A. Allen. 291 D'o. Edward Milner, on Tunkhannock creek, adj'g Land of Geo. Fullerton. 237 1/2 D'o. George Fullerton on D'o. adjoining D'o. 297 3/4 D'o. Rob't. Wilson, on Meshopping, adj'g lands of John Wharton. 256-70 John Lad Howell, on Hoopenny Creek, adjoining and above lands of George Tudor. The warrants for the above lands are all dated in 1774, 1775. _ _ _ Letter from James Orbison to George Duffield. Chambersburgh, 18 March, 1804. Dear Sir: I mentioned to you, just before I left Lancaster, that I had written to M'r. Taylor, One of the Commissioners of the Luzerne <381> PENNSYLVANIA CLAIMANTS. Business, to have the Certificates for the lands released by M'r. Patterson prepared, and make any Communication to you; in my letter to M'r. Taylor, I mentioned that if the Clarks would make some Exertions out of Office hours to have this Business finished, I would allow them a reasonable Compensation, which I authorize you to do, should I not have it in my power to see the Gentlemen. If you have received any Accounts from M'r. Taylor I would thank you to inform me. I have been confined by ill health almost since I returned from Lancaster, but hope I am now over the worst. My Respects to M'rs. Duffield, and with esteem, I am, Sir, y'r Hble. Serv't., JAMES ORBISON. M'r. Geo. Duffield. _ _ _ Letter from Col. Stephen Balliet. Whitehall, Aug't. 13, 1804. Gentlemen: I received your letter of the 27 Ult., and will answer y'r Questions to the best of my Memory. 1 Query. I do not remember the time of the running the County Line, it was during the time the Comm'rs were sitting to receive claims under the Act generally called the Confirming Act, when Timothy Pickering, W'm. Montgomery and myself left Wilkesbarre to run the line, as directed by the Act of Sep'r. 29, 1787, in order to ascertain in what manner it would affect the Township of Huntingdon. M'r. Montgomery, a Son of One of my Colleagues, was Surveyor, the line was begun and run as the Act directed, until We arrived in the Township of Huntingdon, on a place called the town plot, which is nearly in the Center of the Township. 2d. The line was discontinued because (having a Map of the Township) we could ascertain the claims on either side thereof, which was the object of running the same at the time. 3d. W'm. Montgomery, and his son the Surveyor, were of Opinion that the line would not strike the dividing ridge, but would cross the river above Wyaloosing. 4th. Agreeably to the provisions of the Confirming law, we considered the whole of the Seventeen Townships in Luzerne County, and believed that the Legislature had no intention or knowledge of the line dividing Huntingdon. 5. I do not remember whether we received any claims West of that line; but if any had been offered, we should have received and filed them, because we considered them fully within the intention and provisions of the Confirming law. And be- <382> LETTERS FROM THE ing well satisfied from the best information, that the line North One degree west would never close the Western Boundary of the County, and that a line run from Nescopeck, to the Ridge dividing the waters of the East and West branches of the River, would leave the Township of Huntingdon entire in Luzerne County. Under these circumstances Legislative Interference was deemed necessary, but I do not remember whether the facts were reported to Government or not, if not, it was owing to the violent Discomfiture of the Board of Commissioners, who never afterwards rallied to resume that Service. This, Gentlemen, is a true Statement from the best of my Memory, not having any Memorandum as to time or Circumstances, it may be probable that Col. Pickering or M'r. Evans, Clerk to the Board, may have some Memorandums or a better knowledge of facts, as they were the last who retreated from the Castle, and may have taken some of the papers with them. I remain, Gentlemen, Your Obedt. Serv't., STEPHEN BALLIET. Tho's. Cooper, J'no. M. Taylor, Esq'r. _ _ _ Letter from Matthew Cavell. Wilkesbarre, Augt. 22d, 1804. Dear Sir: Notwithstanding having had but little incouragement of having placed on the same footing with others those lots in Newport, which have the unfortunate word non residented anaxed to them in the draft by which you were governed in your proceedings relative to said Township; however, 'till lately I have entertained a hope they would be included, but now learning that the time is approaching when you are to leave the business, and that nothing is done to fix us in a Title, and fearful that nothing will be, and if so my property, with several others, will suffer materially thereby, and in my humble opinion, without any advantage being derived therefrom to any quarter whatever. Those circumstances taken into consideration, you will not be surprised, Sir, at my extreme anxiety for a serious and Candid reconsideration of the matter, and if you find admitting them, will worke no publick nor private injustice or inconveniences, but on the contrary establish the rightful owners of the Lands is a title and peaceable possession thereof. I humbly hope and trust that you will be able from the documents you have on the Subject, to make a <383> PENNSYLVANIA CLAIMANTS. chain of title of such perfection as will stand the test, and direct the Certificates to be made out therefore, and thereby preserve many from serious difficulties and from almost inevitable ruin. I am, Sir, your obedient and humb'l Serv't., MATTHEW CAVELL. To Thomas Cooper, Esq'r., State Commissioner. _ _ _ Letter from Robert A. Farmer. Lancaster, 10th September, 1804. Gentlemen: Compelled by necessity to Address you again, must intreat that you will be good enough to forward the Certificate for M'r. Pawling's Land, as I am full empowered to receive the need proceeds, have Shew my power to M'r. Ellicott, who is satisfied with it, and told me I should not be detained a minute if he had the Certificate; remember, Gentlemen, your promise to me a month ago that you would forward it immediately, relying fully upon y'r. goodness. I subscribe myself, With perfect Esteem and Respect, Gentlemen, Your most Ob't. humble Servant, ROBERT A. ffARMER. _ _ _ Letter from Andrew Ellicott. Land Office of Pennsylvania, October 10th, 1804. Gentlemen: Your letter to the Surveyor General, containing remarks on his note to M'r. Beach, has been laid before the Board of Property, to which I am directed to reply. On perusal it seems to divide itself into the following heads: 1st. That the Surveyor General's note contained some improper requests of M'r. Sambourne, which was intended to lead him to be employed in business improper and unnecessary to the Commission. 2d. That reciting the Pennsylvania release in the Patents to the Connecticut Claimants is expressly made unnecessary by Law, and that even the Attorney General's Opinion does not state it as necessary. 3d. That fraud is intended by the Board of Property and the Legislative and Executive branches of the Government, "Which will not on any human consideration consent to be instruments in," the object of which is a repeal of the Supplement of 1802. <384> LETTERS FROM THE So that the Connecticut Claimants, after giving up their title Papers for the whole Lands, will not in return receive Patents for any but the released parts, that an intention of that kind was made by M'r. Matlack to M'r. Cooper at a Meeting of the Board. I shall endeavour to answer each of these heads in Order: 1st. I am authorised by the Surveyor General to state that so far from intending to make any request of M'r. Sambourne that his object was, and he believes he has so expressed it, to inform M'r. Beach that he would not write to M'r. Sambourne as he had been requested, lest it might be considered as an interference with an Officer of the Commissioners. The Board, however, conceive there would have been no impropriety in his desiring M'r. Sambourne to return connected Drafts of the Seventeen Towns, particularly as it is well recollected that M'r. Cooper at the time he made his Objections before the Board, to the recital of the Pennsylvania release in the Commissioners Certificate, as he had at first agreed to do, that he proposed, in lieu of it, that M'r. Sambourne should give the information in his returns of Survey, which has been done in the Town of Newport, by the return of a connected Draft, showing the lands released by the Pennsylvania holders, and the lots Submitted by the Connecticut claimants. 2nd. On the first part of this head, the Subject having been submitted to the Attorney General for his official Opinion on the construction of the Laws in question, and the Board having determined to Act in conformity to his Opinion, decline entering at present into any reasoning on the Subject. With respect, however, to that Opinion, a copy of which was handed to M'r. Cooper, if the Attorney General has not stated that the recital of the Pennsylvania release was necessary, he has stated what is tantamount to it. I will quote his own words: "I have considered the case, and the questions stated by the Board of Property, and I am of Opinion, that it is best the Patents issued to the Connecticut Settlers, under the Acts of Assembly referred to should recite the release." The Commissioners then, it seems, do not think that the Attorney General considered the "best" way as necessary. I shall here take the liberty of recalling M'r. Cooper's recollection to an early Stage of this business. In his letter, dated the 28th of May, 1802, he says, "I send you a form of our Certificate, which I fancy comprizes all the particulars necessary, to facilitate the examination of it on your part. If you approve it, let me know." This Certificate contained a recital of the Pennsylvania release, and was perfectly satisfactory to the Board, except that it wanted the number <385> PENNSYLVANIA CLAIMANTS. of the Connecticut Submission and the date of the Pennsylvania release, for which it is believed Blanks were left to be filled up. A short time prior to this the form of a Patent, on the same principles, was submitted to the Governnor and received his Approbation. It might now be asked who has acted inconsistent? Did M'r. Cooper, at the time he and the other Commissioners submitted that Certificate to the Board, mean to give his aid to enable us to do an Act which he conceived to be morally wrong? or did he intend to furnish us with the means of inserting in the Patents a clause that could answer no other purpose than to throw doubts and suspicions on the Patent itself? 3d. As far as the members of the Board are implicated, I am Authorized by them to State, that not one of them nor any of their connections, to their knowledge own one Cents worth of Property within the Seventeen Towns, or within the County of Luzerne, they, therefore, can have no temptation to commit "fraud," nor any interest in doing wrong. It is not recollected by M'r. Matlack, or any other Member of the Board, that he ever said what M'r. Cooper has asserted. There never was an Idea entertained, much less expressed, by any Member of the Board, that Patents would issue only for the released lands. Indeed it has been their constant practice to declare, to those Interested, with whom they had an opportunity of conversing, what they always believed and still believe to be the Truth, that the Government would carry into effect with perfect good faith, all the laws in force relative to that subject. With respect to your Suspicions of the Legislature and Executive passing a Law with a view to its future repeal, for the purpose of committing a fraud on a particular class of Citizens, does not require an Answer from me. Those respectable branches of the Government need not my aid to defend them against two of their own Officers. Your offer of cheerfully labouring to give us the information we have desired, after it is discovered we have no occasion fro it, is properly appreciated. I am your Ob't. h'ble. Ser't., AND'w. ELLICOTT. Sec'y. L'd. Office. John M. Taylor & Thomas Cooper, Esq'rs., Comm'rs., &c. 25-VOL. XVIII.