History: PA Archives: Second Series, Vol. 18: LETTERS FROM SECRETARY OF LAND OFFICE : 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 _____________________________________________________________________________________________ <387> LETTERS FROM THE SECRETARY OF THE LAND OFFICE TO THE STATE COMMISSIONERS APPOINTED UNDER THE ACT OF APRIL 4TH, 1799. <388> [The Letters which follow are simply designated by Numbers.] <389> LETTERS FROM THE SECRETARY OF THE LAND OFFICE _ _ _ To the Commissioners appointed under the Act of April 4th, 1799. _ _ _ (1.) Land office of PENNA, Mar. 31, 1801. Sir: I made two attempts to find you on the 29th without success. A general draught of the lands in the Angle made by the N. Y'k. line and the East bank of Susqueh'a. was left at your lodgings. It was prepared for the use of Colonel Abraham Horne of Easton, the Agent under the Act of the 16th Ult. The tracts near the river marked thus *X*, with a Black lead pencil, are possibly within the Seventeen Connecticut Townships. If so they are within your Jurisdiction. It may be well, therefore, to have a Copy made of all that part of the draught which lies between the East Branch of Susq'a. and the Curved pencil line which I drew on it; that part of the Map includes all the tracts marked thus *X*, the rest of the Map is necessary for the use of Col. Horne. After you have caused that part to be Copied, I wish the whole Map transferred by any safe hand to Easton, for Co'l. Horn, who lives there. It is very desirable to have this very soon done. I presume M'r. Sambourne can execute this little Matter for you. You know that Mess'rs. Thomas Boude, of Columbia, Lanc'r. County, Gen'l. W'm. Irvine and Gen'l. Andrew Porter, of Montgomery, were the first Comm'rs., and John Shippen, Esq'r., of Shippensburgh, Pennsyl'a. was their Clerk. It will be well to ascertain quickly whether all these Gentlemen, of whose resignation you are not Certain, mean to go out. It will be a very desirable thing to have any vacancies filled well and instantly; a very early going out, and a long Season of active and judicious exertions, appear to be necessary. Gen'l. Boude will get your letters by post, as he lives at Wright's Ferry; he is chosen for Lancaster County, a Member of the house of representatives, to meet in december next; but if sooner called he must be unable to attend to both. It would be well to ascer- *X* - Transcriber's note: X is shown on its side. <390> LETTERS FROM THE tain his Intentions of serving, and to press upon the Gentlemen the Necessity of going out early and taking order for that purpose soon. A meeting at Lancaster may be useful or Necessary, and will be Convenient to M'r. Boude. It took place last year; every preparatory exertion is necessary to prevent delay, Where Business rests on three Commissioners, a Clerk and the Surveyors. Gen'l. Irvine can give you information where to take up the Business, to find the Surveyors, &'ca.; one of them, M'r. Samuel Rees may be reached by the Mail to Norristown, in Montgomery County; another, M'r. Samuel Baird, lives in the same County, and his direction may be had from M'r. Anthony Carothers, Corner of 4th and Branch Streets, above race, or at his Ironmongery Store, almost opposite to M'r. Atty. Gen'l. McKean. Gen'l. Irvine was hourly expected in the City and will be at M'r. Beckley's. There is another Sheet, like that I left at your house, which joins it on the Southside and on the river; this M'r. Carothers has, and he promised to lend it to me to have copied by a M'r. Jones, who lives at Capt. Loxley's, between front and second, in Spruce Street. I think M'r. Carothers would lend it to you; have copied all that part within 5 or 6 miles of the river which is in tracts less than 40 acres. The 400 acre tracts are subsequent to the decree of Trenton. The tracts held by title before the decree of Trenton are less than 400 tracts; the latter then need only be copied, because the former are not within your Jurisdiction. I finish in haste, tho' I had expected to be more full. A person going to-morrow offers to take my letter. I will write again. I am, Sir, very respectfully, y'r. m't. ob't. Servant, TENCH COXE. Thomas Cooper, Esq'r. You will be pleased to observe I do not Claim to instruct the Commissioners, but in Consequence of your invitation, shall Constantly offer information and suggestions, which appear likely to promote the public interests, or facilitate the operation of the Commissioners. _ _ _ (2.) Lancaster, June 2, 1801. Sir: I find M'r. Wilson is to be here this Evening, so that I have an op'ty. to cover to you a rough Article of Information, which it may be useful to insert in both the papers at Wilkesbarre. I think the publications of facts, from the paper I ad- <391> SECRETARY OF THE LAND OFFICE. dress to you in print, will be usefully made in both the federal and republican papers. I shall be glad to receive a file of the federal Newspapers back to March 1st, if you Can procure it for the public service and send it to me here, or Under Cover to the Governors, Philadelphia. I am told there are things in it that ought to be disproved and answered. This Morning about 1/2 after 11, poor M'r. Muhlenberg was taken after an hour's regular Business with an Apoplexy, which threatens him seriously; he would certainly have died had he been alone and in his Bed. He had every Assistance immediately. In haste, Your most Obedient h. Servant, TENCH COXE. Thomas Cooper, Esq'r., Northumberland. Late Connecticut Claim * * * the thousand and twelve lots and tracts of Land, formerly claimed under Connecticut, have been submitted by the late Claimants thereof, and Applications have been made to obtain Pennsylvania titles and patents for the same, for a valuable Consideration to be paid thereof by the late Connecticut claimants. The quantity of land is nearly equal to the whole contents of the Seventeen townships. It is known that a very few of the old Settlers have omitted to submit, but it is plain that the Numbers and the extent of their Claims must be very small since there is very little land in in the Seventeen townships, that is not submitted. It appears that the Pennsylvanians have been so respectful to the plan of the State, and so liberal towards the old Settlers, as to release very large quantities of land. These releases appear to be much greater than the quantity reported to the Commissioners under the Confirming as belonging to the Pennsylvanians within Townships. Those Commissioners reported about 110,785 Acres. _ _ _ (3.) Lancaster, June 3, 1801. Gentlemen: It is probable that it will be useful to publish the letter of Mess'rs. Tilghman and Hodgdon, with the form of disclaim and Submission in the Wilkesbarre papers. Copies are in the enclosed Lancaster paper of this day. In the same paper is an Article with respect to the Commissioners under the Lancaster head, which it may be well to have republished, as it shews the great extent of the Submissions; the incipient droppings of the Waters of truth of important facts is necessary to Conviction in prejudiced Minds. <392> LETTERS FROM THE I beg the favour of your procuring at the public expence, and for the public use, the paper (not Wright's) considered as federal from the 1 of March to this time. I hear that there are many things therein that require to be explained on the part of Government. It appears by the paper I gave you that about 110,000 acres of Land was supposed by the Comm'rs. of 1787 to have been taken up under the Penns within the 17 townships. The Office opened in the old purchase July 1, 1784, and in the new purchase (north of Tawandee and west of the N. E. Branch of Susque'a. in May, 1785. It would be useful to obtain from the Connecticut people a list of the Warrants that are laid, as they conceive, upon Lands in the Seventeen townships. The Warrantees names, the dates and the quantities, both in the Warrant and return would be useful. It would be well to get it in every township, where it may be found practicable, merely as useful general information. It is probable that Judge Wells might give or get it. Wright, Hollinback, Beach, Bowman, &'c., who have been purchasing Pennsylvania rights, might avoid or even frustrate it. But I should think Franklin, Jenkins, Lord Butler, Gore and Wells, and others who have taken little or nothing under Pennsylvania rights, would be likely to possess such information now; it would be well to draw it out of them at once; they probably have papers on the Subject. It appears that the rights prior to 1783 are about 2/5 of the townships; all the rich flats or bottoms on the east side and on the west above Tawandee are taken by old rights, so that the remainder in the old purchase must be generally. The Susquehanna Company did not include Iron, coal and other Mines in these papers purporting to be grants. I hurry this off for fear of losing the Conveyance. Y'r. respect., humble Servant, TENCH COXE. The Commissioners. _ _ _ (4.) Lancaster, June 16, 1801. Gentlemen: I learned with pleasure to-day that you had been able to proceed last Wednesday. A great deal of uneasiness is given here by a report that one Thayer, who has sold 100,000 acres of Land as in the Connecticut Claim, has been released from Bail and Consequences at the last Luzerne Court; it will be useful to obtain a precise knowledge of the Case. <393> SECRETARY OF THE LAND OFFICE. Misrepresentations have been made of some offer of Co'l. Horn to compromise the Business of the Claim within the Intension, which I am sure he had no authority to do, and would never think of offering without Authority. I wish a Copy of his letter and his Message thro' M'r. Hollenback, J'r., could be got and sent. I am getting the Statement into Lycoming, Wayne, &'c., but I think the Copies in the 2 papers of Wilkesbarre will be the most useful and important. I hope you have succeeded to get them to insert them. I sent you a Complete Copy, and desired another to be sent from Philadelphia, and now send you a third. 20 persons have been applying here to find out the Pennsylvania owners of Land on Tyoga heads, I believe with Sincerity; but we are not to trust to anything but explicit written Submissions. This goes by a person bound to Tyoga point; he does not stay long, so that I am forced to conclude myself, Gent'l. Y'r. Mo. Ob't. Servant, TENCH COXE. _ _ _ Board of Property of Penns'a., June 6, 1801. Present, Tench Coxe, Secretary of the Land Office, Samuel Cochran, S. G., Timothy Matlack, M. Rolls. On Sundry connecticut Settlers Submissions. It appears from a letter and endorsements of Nathan Palmer, Esq'r., prothonotary of Luzerne, and otherwise that had been delivered at his Office, and subsequently to the last day of December, 1800, that sundry like submissions had been received through other Channels, but that for want of timely transmission by the Submittees, or for want of timely execution by them, the Submissions had not reached the Land Office until after the last Day of December aforesaid; Whereupon, the Board are of opinion that the acceptance of all Submissions be suspended, which have not been actually received at the Land Office before the first day of January, 1801; the 5th Section of the act of April 4th, 1800, requiring that the Claimants should make application at the Land Office before that day. A true Copy, TENCH COXE, Secretary of the L. Office. <394> LETTERS FROM THE (5.) Land Office of Penns'a., June 24, 1801. Gentlemen: It was necessary to pass under the View of the Board of property sundry cases of Submission, who had not actually placed their Instruments of Submissions in their Office before the first day of January, 1801; they were variously circumstanced as to dates; receipt here by post after December, by the prothonotary of Luzerne, before and after 31 Dec'r., 1801. &, &'ca., but they all where under one Circumstance, that of not being in this Office on or before the 31 Dec'r., 1800. They appeared to the Board incapable of being accepted, but they deemed it best not to take order preremptorily. The Submissions may, if they see proper, make application upon the Subject. It will be well to let your Clerk make a Copy of the above Act of the Board and insert in a Newspaper or put it up in your Office or both. It can be mentioned to M'r. Palmer from whom the greater part of them were received. I have sent you by 2 or 3 Channels complete Copies of the Statement of the 25th May, and many others have gone to Lycoming, Sunbury, Easton, Philadelphia, Bethlehem, Allentown, &'a'c., to be forwarded also to our different Counties, to N. Jersey, N. York, Connecticut and Havre de Grace. M'r. Jacob Hart took some for you. The paper here has published the Evidence N'o. 1 to 22. I shall be glad to learn what symptoms appear from the publication. It is a very astonishing thing that these people will still publish that they have "a grant" from Connecticut; in that respect the statement must be useful. The falsity that the Pennsylvanians are seeking to Compromise is very scandalous and gross. The letter of Hogdon and E. Tighlman in behalf of the Land holders is in a very firm Spirit. We shall be glad to know what appears to be the disposition of the late Connecticut from their Conversations and professions; What from the proceedings, Unequivocal acts. It will be very useful to ascertain as far as possible the views and ideas of the people of the 17 townships, and those without, whether the latter seem tenacious, bold, threatening or the reverse. I should much like to know by draught the Land within the 17 townships covered by Pennsylv'a. rights later than the decree of Trenton, or by unleased rights of any age and the owners, gen'l. value, &'ca. There are some rights for land on the West of the N. E. Branch of Susquhanna, above Tawandee, and below the N. York line, which being laid before 1785, when the Office opened for that <395> SECRETARY OF THE LAND OFFICE. place, will be of doubtful validity. I speak thus because I am interested in some rights in 1785 that interfere with them, and in my private capacity I deem the opposing rights invalid there. I shall not sit in the Case, being interested. A right of the Marquis of Lansdown, Gaskill and Hurst interferes in one or two places with us. If you could procure a Copy of the general tax advertisement and send hither, it would be useful. Do they tax the Unsettled, unimproved land, claimed by Connecticut people? Few or none of the Connecticut people have taken the oath of single Claim as under Connecticut and not under Pennsylvania and Connecticut. It is said a Number have purchased both titles. I hope it may be in your power to give early attention to the Lands of M'r. Charles Stewart, M'r. Robert Wilson, &'ca.; they expected it when they furnished the Map. We have not our vacant seat filled at the Board, that I mean of the late M'r. Muhlenberg. But we have three on the Spot who make a legal Board; the place will be filled this Week I think. I shall be particularly glad to hear of anything relative to your Business, which promises a great progress towards an end this Year. The Matter should be as far as possible Concluded this Season; delays always dangerous; have been particularly so in this Case. I am, Gentlemen, Y'r. mos. Ob't. Servant, TENCH COXE. _ _ _ (6.) Lancaster, June 26, 1801. Thomas Cooper, Esq'r. Dear Sir: I have received your two favors of the 13th and 16th June; this I think is my third letter to the Commissioners or you. We have had Kinney and Baldwin's resolutions, on which I think you pass a just Judgment; they have been republished by Dickson here and Duane in Phil'a.; perhaps by others. I sent them to the Comm'rs. It is a most unhappy thing to see those persons make a public declaration that they have "a grant" from Connecticut and that the Pennylvanian are disposed to Compromise in order that the deception of the farmers may be kept up. The letters I sent your were by private hands, except one by post. The people should be taught that your Business is to do every- <396> LETTERS FROM THE thing that the laws authorize and require to be done in relation to the Connecticut Claim within the 17 townships, and no where else, and that there is no ground to say that the Assembly will do anything more. I perceive that you are taking pains to shew them the true state, Course and prospects of the Business. It is all necessary from the ingenuity and Activity that was exercised. I am doing what I can to give the New England States Correct views of the injuries and deceptions which have been passed upon them for this purpose. I have covered Copies of the Statement to a great number of Considerable men in all the States north of us. The Governors, Senators & Representatives, Judges, Members of the State legislatures, Lawyers, Landed men, &'ca., the Attorney general of the United States, and every other public Man from N. England, from Washington to Massachussets are served with Copies. I have sent large parcels to Co'l. Pickering, Doctor and Joseph Priestly, Mess'rs. Kidd, Donnell and Hepburn, D. Smith, D. Levy, W. Montgomery, Byers, W. Gray, W'm. Ellis, W. and S. McClay, Evan Owens, N. Beach, Adlum, Caton, the Carsons, G. Palmer, Strouds, Horsefield, Hodgdon, Drinker, Strawbridge, Francis, E. Tighlman and every other person I can think of, who from interest or situation can be of use in circulating the pamphlets or supporting or explaining our title. I have got a few to the heads of Tyoga, the Mouth of it, Salem, Exeter, Kingston, Wilkesbarre, Wayne, &'ca., and shall continue to distribute them. I shall be glad of your opinion, whether a publication of 3,000 of them at 200 Dollars would not be useful; my idea would be to put them into every hand we could reach in the 42 degree east of Allegheny river; there might be a few additions. M'r. Dickson has published all the papers, and N. 1 to N. 22, which gives 500 Copies of that important part; but these go chiefly among the Republicans in Chester, Lancaster, Dauphin, York, Adams, Franklin and Cumberland, and among the printers in various states. I think it unnecessary to justify the State in the ground she may be compelled to take, that all America should know this Affair; I have therefore sent some copies to Washington, Delaware, Maryland, N. Jersey, and have a promise from Duane to publish the paper in 3 or 4 Aurora's which go through Virginia, the Carolinas, Georgia, Kentucky and Tennessee. I rely much upon the influence of shame on the public people of Connecticut, for checking all further proceeding in such a transaction. I shall be glad to receive a Copy of the renunciation of the Joint title. I am of opinion that if a man has held both he can not renounce one to bring himself within the Law. Be pleased <397> SECRETARY OF THE LAND OFFICE. to give particular Attention to the Section and to our form, when you Consider this point. A man cannot get 5 dollars for a Pennsylv'a title, and have a trustee purchase the Connecticut title, to the same lands, for 2 dollars. I am mistaken if you do not find considerable Union of the two titles. The deposition should be close to the law and generally well drawn. It would seem well that the tracts and titles to which each man's oath applies should be identified. If many of the half share men have settled in the 17 townships, there must be disputes among them, for there are near 300,000 A's. submitted. I am of opinion, Sir, that the plan of Communication you have Commenced, will be highly serviceable to the State, give great facility and precision to the Operations of Government and be of much use to the private owners of Land; to those and every other good end I shall promptly and carefully use what you may Communicate as fact, or rumor; the necessary discriminations between certainty, possibility and probability will be duly attended to. The resolution of M'r. Franklin with M'r. Kinne, if it should take place, will prove the body of the Country unfaithful to Pennsylv'a. Those who regard the prosperity of Luzerne will do well to oppose it; no man can believe them sincere if they do not. It would seem to be friendly to put them Cautiously on their guard. I do not learn that Co'l. Horn has yet served any of the Settlers with notices, or obtained their Submissions. The State of Pennsylvania does not take into its consideration the decision of the cause. It believes, knows and affirms that Connecticut has lost its claim, by a conclusive trial, had, admitted and released; has never conveyed its claim to any Settler or Company; could not convey a right, having itself no right, and it therefore passes penal laws for setting up and acting upon a foreign title, derogatory to its rights and peace, and to the sovereign Authority of the U. S.; it acts as if Tennessee, the youngest State, were to set up a groundless foreign title to Greene, Washington, and Fayette. It acts more mildly than it did with Virginia in the Law of 1780, and more mildly than N. York did with Connecticut in its law of 1796, Jay, Governor; of the 1st law you will see a Copy in the State laws, p. _ , and of the latter I gave you Copies to distribute. It is my opinion, Sir, that proofs of any lawful Conduct at the Meeting should be procured and transmitted without delay. Anything that is against law should be attended to in like manner, upon every occasion; and in the case of every person, great and small, my opinion is, that the laws must be completely <398> LETTERS FROM THE executed, without warmth or hesitation, but that they must be executed. Evan Owen, Esq'r., was here, but he did not tell me so much as you Mention, nor indeed anything like it, I however fully Credit it from his Conduct. It will be of great Consequence to ascertain in what of the 17 townships half share men have settled since 1795, or how much land, or what land, who owns it, and every other useful part. I wish also to know precisely on what land, who owns it, and every other useful fact. I wish also to know precisely on what land, and where, Co'l. John Jenkins has settled; a draught shewing the Connecticut lines and the Pennsylvania lines, warrants and owners, could be highly useful, and so Franklin and any of their first Q. S. Misleaders. Wright's Conduct is highly Culpable, dangerous and unjust; he has bought largely of Connecticut and Pennsylvania and so has his father. They are afraid of their ill gotten lands and of their Safety-he is a Magistrate. I think his Case and Conduct must be considered; as to myself I am honored, as an Officer and Citizen of Pennsylvania by the disesteem of the enemies to her peace and rights, and of the property of my fellow Citizens; let M'r. Wright publish the Extract of letters, Copies, minutes, Abstracts from Laws, &'ca., N'o. 1 to 22 without a name, if he chuses, under the head of papers concerning the Connecticut Claim. How does the post Office behave? If it is guilty of anything improper, I recommend the taking of Affidavits. Now, I have the Satisfaction to know you are arrived, I shall go upon the Luzerne business, in order that upon a review you may receive everything which has been overlooked or omitted. I have sent to M'r. Mott for M'r. Sambourne's 2 drafts, but he was not in the way. I will repeat the application with my remembrances to the Gentlemen of and Connected with the Commission. I am, dear Sir, Your most Obedient Servant, TENCH COXE. _ _ _ (7.) Lancaster, June 29th, 1801. The Comm'rs., Luzerne. Gentlemen: An application has been made by M'r. Geo. Welles, formerly of Connecticut, but now concerned with C. Carroll and R. Caton, Esq'r., of Maryland, to know the owner of some <399> SECRETARY OF THE LAND OFFICE. Lands near to Latimer and Pickering's and C'os. land, on the west side of the Susque'a., near Tyoga, for which I have referred him to M'r. Sambourne's Maps. It will be necessary that a disclaim in form should be signed by M'r. Reddington, for whom he applies, or the Pennsylvanians will not treat with him. We are making up for you a list of all the Submissions which are Contemplated in the Act of the Board of property of the _ _ instant, as too late for acceptance. The only Chance those persons have is the general good Conduct of the Connecticut Claimants. There will be little hope if M'r. Jenkins remains Unindicted, intruders should be elected, the agent should be interrupted, The Submittees of 1800 should not be frank and prompt to finish their business, intrusion should continue or increase, or in short, if the body of the people of the County do not act like Pennsylvanians and support the State and check and secure the intruders. M'r. Joseph Wright's refusal to publish our defence, when his Gazette contains adverse papers, ought to attract the Notice of the Government and Citizens of Pennsylvania; he is either afraid to do justice or unjustly disposed; he has refused to publish, to justify the title of his native State Confirmed by the laws. It will of Course be known to the Governor, the Members of the Board of property and other Officers of the Government. It will justify suits against him for defamation if title, when he publishes the false assertion that the Companies have a grant from Connecticut; he published last year false and wicked attacks on me and now he will not allow me to shew by great recorded truth that those falsehoods are such. M'r. Wright's refusal to publish for us, while he publishes for M'r. Franklin, is a desperate, deadly symptom. We must not allow such treatment. It must be known to the Legislature when they meet that the universal hostility of the Submittees, or their being overawed, may be known and the proper remedies applied. If M'r. Wright, who to all things besides is a native of Penns'a., will not so us Justice, what are we to expect? Such Conduct gives a Blind and desperate Obstinacy to the unlawful Conduct by which we are kept out of our property and peace. It is extreme want of Wisdom for M'r. Wright to protract the Settlement of the Luzerne Business, for his family has a vast quantity of submitted claims, the value of which would be great indeed, if the Affair were settled, but it will all be worth little if it shall be kept alive in the Manner of late years. I have good reason to believe that M'r. Wright is extremely wrong in supposing, or rather in saying, that the Connecticut people will concede nothing to what comes from me, for I know that numbers have been convinced, by the facts <400> LETTERS FROM THE and papers published since I have been in Office. I have incessant interviews with and Communications from people in that Connection, and I know it to be with considerable effect. Besides the truths I have collected do not Come from me; they proceed from the Legislatures of the Union, of Penns'a. and Connecticut, from the federal and State Courts, from the public records, from every source, but me. I merely say that they exist, and make myself responsible to shew them. It will not do for Intruders under a rasured deed to impeach the veracity of an Officer, against whom no man has risked a Charge. M'r. Jacob Hart will tell M'r. Wright that I shewed him the Indian preemption deeds, the letters of Gov. Fitch, the Journals of our last session of Assembly, the charge of Judge Patterson, the Certificate of the Clerk of the Supreme Court of the U. S.; in short, every paper he could look at. M'r. Evan Owen's declaration proves that the laws cannot be executed, wherefore, remedy must be had. We asserted this last Winter and it was denied. I wish if a Copy of the Statement could be got to Charles Williamson, Esq'r., that it might be sent; I would send him 50 if I had a Conveyance. Depositions of material facts will, as you know, Gentlemen, be very useful; the Committees of the Legislature will rely upon them in making new legal provisions. I do not recollect anything material to affect the business that has occurred since your departure. Everything now rests upon that frank, faithful, prompt execution of the law of 1799, which I am sure you are determined to give. You may rely on my efforts with all the strength I am possessed of, and with all good faith to the Settlers, &'ca., to aid you in the expeditious execution of that law, and rely upon you convincing every man in Luzerne, of a sound mind and heart, that you and this government, in all its parts are determined to execute that law with liberality and effect. I am, Gentlemen, Your most Obedient Servant, TENCH COXE. The Commissioners, Wilkesbarre, Luzerne. _ _ _ (8.) Lanc'r., June 29, 1801. Thomas Cooper, Esq'r. Dear Sir: I write upon the public Business, but having filled my sheet am obliged to inclose in another, and give you our <401> SECRETARY OF THE LAND OFFICE. news on the cover. We have not yet a rec'r. general, but his commission to morrow; the blank having gone down of Saturday for him. I am uncertain who it will be, but I think we shall have a firm Officer in the Luzerne, Allegheny and republican Affairs. Gen'l. P. Muhlenberg has resigned his seat in the Senate of the U. S., and has by this day no doubt his Comm'n. as Supervisor. No removals have taken place in Pennsylvania since you left us, for even General Henry Miller is not yet known to be superseded. It is expected that D'r. Logan will go to the Senate. Our last accounts from Egypt give us a mysterious representation of a Battle of the 21st of March, without any letter from the Comm'r. in Chief Abercrombie, and tho' they pretend that the French suffered extremely, and were Compleatly routed, they profess to fear an'r. attack on the 22nd. The Emperor Paul does not relieve England from the armed neutrality by his death; tho' gone, the Emperor Alexander seems to Countenance that formidable Combination. The reply of the Commanding Officer at Carlserona, to the British Admiral Hyde Parker, is as firm as rock; had the Danes defeated the British, Sweden could not have been more decided; Which must have been produced by her Belief of the young Emperor's sincerity in the Combination. It is reputed that any disaster the French may have sustained will quicken the feelings of the French, Russians and Austrians in regard to Turkey, and perhaps produce some grand Combination, which will precipitate the fate of the Ottoman empire. Every day convinces us that the British could have made a bad Affair of the attempt to pass the Sound, but for a finesse of Nelson's. He has returned to England in a State of dissention with Parker. We Continue to be galled with the British Cruisers, but hear very little of French depredations. Tripoli is our open enemy, But not Algiers; tho' our tribute is in arrear three years-this is equally unaccounted for and certain. It seems that our government has not given a Cent for tribute for three years. But what have they done with the tribute money? Our government Continues to explain its purpose of removing no man for his political Sentiments, so says a most respectable letter I have lately received from W. Some of the Colonial Government of S't. Croix, &'ca., have passed thro' this town and are strong in their declaration of War against England. Our federal Judges from West Penns'a. passed thro' this place and York on the 20th and 21st to open the Court at Bedford on the 25th. 26-VOL. XVIII. <402> LETTERS FROM THE It is said the British government have become very jealous of the Irish emigrations to this Country; besides being farmers the people are all tradesmen likewise. About 1,000 have arrived in the Delaware, some also in N. York; there are Quaker and Presbyterians in greater Numbers than Catholics. Their Obstructions cannot be got over by the poor, but the rich and substantial will Come while Land is Cheap here and unatainable there. Bread and freedom plenty and Irishmen admitted to be human beings. I see nothing to change my belief that Portugal will undergoe some material change. It does not seem to be Confirmed that the British have landed a force at the "Bottom of the Red Sea." We have an odd rumour here about Tripoli, which is said to be in possession of the French; if so it will be well for us as they are Certainly hostile to us. Our crops of grass look as if they grew upon a Country twice as large; our Wheat, Rye and Barley look equally fine. Markets Continue generous at home and abroad; our reapers are expected to demand one dollar p'r. day. M'r. Strickland has however written a pamphlet in England asserting that our Agriculture has declined, and that it is owing to the Constitutions of the States and the Manners of the people. Yours very respectfully, TENCH COXE. It is suggested to the Commissioners, that there will be applications made to them upon the Subject of lands within the 17 townships not yet submitted, and upon the subject of lands, without the bounds of the Seventeen townships (or the pitchis) not yet submitted. It is recommended that the Commissioners open a small book of half a dozen Sheets of paper, and that they give an opportunity to every such person to put down his Quantity of Land, Situation, Name, &'ca. Some such heading as the following might be well: Applications for new Submissions. A. B. makes Application to have an Opportunity to be included within the terms of the Act of April 4, 1799, for one tract of 300 acres in Pittstown and one in Ulster, &'ca. A. B. Wilkesbarre, March 31, 1801. And so of the Lands in the pitchis. The reference to the Charge of Judge Patterson is p. 40, last paragraph; it would be well to collect and minute the real and fair evidences of Application by Connecticut men under that law, without appearing to give any Countenance or Sanction to them; the whole course of conduct, with the precise dates on the part of the Connecticut men, should be made Satisfactorily to appear. <403> SECRETARY OF THE LAND OFFICE. The Confirming law was produced by a deception. The Connecticut men asserted that the Lands had been bought with the Consent of the State, and that Connecticut had transferred them, made the Companies, Corporations, &'ca. The Conditions have not been performed. The Susquehannah Company's Minutes are not original, nor do they Shew proceedings anterior to Dec'r. 28, 1768, nor subsequent to May 23, 1774, the Articles of Association of 1753 and the fundamental rules and records of Members, and evidences of the Erection of Eleven out of the 17 townships are all wanting. The Indian deed should be shown to evidence that the townships are Contained within its description. As the originals are not brought forward, we may be sure that they are Averse to shew them. It will require that they be unsuspectedly drawn out. Co'l. Franklin has them all in the County. He told me he would furnish them. They Certainly have Complete old draughts of the townships. It appears Clear to me that the 17 townships were Confined to the old purchase of 1768, and that the old town of Ulster was originally so laid, and that they afterwards Carried it in part over the West Side of Susquehannah in the purchase of 1785 (See Min. Dec'r. 28, 1768). Was Jacobs "a Settler" before the decree of Trenton, or ever? I think not. Then is his Connecticut claim of any avail? Innumerable forfeitures have affected the titles of Settlers; they Conceal their proceedings partly on that account. See first min. of 1770. Where were the Indian School lands located? 10 miles by 6. The rules and regulations Considered as in force on the 30th of Dec'r., 1782, are necessary. See Sect. 5, Act of 4 Ap., 1799. The time of surveying each township is Necessary. No Survey or resurvey after Dec'r. 30th, 1782, appears to be admissible. _ _ _ (9.) Land Office, Pennsylvania, July 8th, 1801. Gentlemen: By a late Mail I sent you a packet Containing all that remained of the admitted Connecticut Submissions. It was without a letter, the date being marked over the seal on the Cover. This inclosure will contain "a list of the unaccepted Submissions" of Job Irish and others; these are the Submissions referred to in the Minute of the 6th June, 1801. All the Submissions heretofore made are Conceived to be in the two general lists. 1st, of Submissions admitted; 2'dly, Sub- <404> LETTERS FROM THE missions not admitted. Should any person apply on the former list you will find a Certified Copy in your hands. Should any person apply on the latter list you will see the reason Why it has not been transmitted. If you desire to have Certified copies of Job Irish and others unaccepted Submissions, they shall be sent. I expedite this that the Comm'rs. and the parties may not be incommoded by the want of it. In haste, Y'r respectful h. Servant, TENCH COXE. _ _ _ (10.) Land Office, Penns'a., July 16, 1801. Gentlemen: I have sent to you a Compleat list of the Connecticut Submissions, which are not deemed capable of being accepted; also all the Copies which were not before sent of the accepted Submissions. Since the date of M'r. Cooper's two letters, p. post in June, nothing but them has been received here from Luzerne. Enquiries have been made about the returns of Survey of the Lands released by Joseph Read, Esq'r., and by James Gibson, Esq'r., & a'l. These will be found, I presume, among the returns furnished thro' this Office from the Surveyor gen'ls. Office. Should they, or any other returns be wanting, they will be furnished on Notice, if they can be found in this department. John McKissick, Esq'r., being appointed permanently as receiver gen'l., the Board of property is now full, but no delay to the Luzerne Business has occurred by reason of the vacancy. Everything incumbent on the Officers being done before the death of M'r. Muhlenberg. The Copies of the Statement addressed to you have been Nearly all distributed; partly among the Settlers to inform them, partly among men in authority or of weight in Pennsylvania, with a View to a well directed and just future Conduct on the part of the Settler's state; partly among persons of public Character in the United States Government, and in those of New England, New York, N. Jersey, Delaware and Maryland, by way of appeal for the justice of our Cause, our past moderation and the reasonableness of future Coercion; partly among public and private persons in Connecticut, that they may see the shame and other evils which may follow to individuals and to their public, even if the intrusions Should be Continued. I have letters from various persons Convincing me that the body of evidence has had the best effects in several <405> SECRETARY OF THE LAND OFFICE. places. I consider M'r. Wright's refusal to publish these for a great evil to the State, and a great cause of Complaint against him; it is particularly increased by the violent and false Charge against me, which he has published. I hope he will yet do justice to his native State and to his own Character, as an impartial printer, by republishing the Statement. There has been a publication in Hamilton's paper tending to depreciate the Commissioners, to reflect on the Governor and to make ill impressions upon the Submitters, &'ca. Of which a Copy has been purchased by a Witness; the Use of that Newspaper will be considered; enclosed is a Copy of the Article alluded to. It is sent that you may attend to the ill effects of it and particularly to the republication of it if it should take place. Should either paper at Wilkesbarre refer to it, you will understand their Allusions. Should either republish it, I should be glad to know of it, and to have a Copy brought by some indifferent person; it cannot be allowed that the press Should wound and destroy and never defend; if the laws will punish such things, they Should not pass unnoticed. A Copy of the Article is inclosed. I have not yet received any acknowledgement of the letters and papers, which have gone from hence to you. Gen'l. W'm. Montgomery informed me that he had seen M'r. Cooper and he gave me his impressions of the Business at the time. I cannot but hope that the friends and Connections of Connecticut in the other States and in our national affairs will require of their leading men that that they lend a hand to stop this pernicious and dishonorable business. I have given many of them, from the Potowmack to Boston, an opportunity to see our facts and documents and the Conduct of Connecticut. I even hope that you will perceive the influence of the advice and expostulations of those persons upon the Springs of Action among certain leaders in Luzerne. In regard to the present operations of your Commission, I do not recollect, Gentlemen, anything which it is in the power of my Colleagues or myself to do to facilitate or expedite your Movements which is undone. Whatever shall occur to me will receive prompt and effectual attention, for I do devoutly wish an early and Complete execution of your important Business. I am, Gentlemen, Y'r. respectful, hum. Servant, TENCH COXE. <406> LETTERS FROM THE (Private.) Lanc'r., July 16, 1801. Gentlemen: I have a Number of Lands in Luzerne, the taxes on which I have taken all the pains in my power to ascertain and pay. I have sent at one time one remittance, at another time my Friend M'r. S. Duponceau, of Philadelphia, sent another remittance. The sums are supposed to be in full of all for which the Comm'rs. are to make sale in August. I will ask the favor of your Inspection into the Matter for me. There are 4 tracts in the names of Timothy Pickering, S'l. Hodgdon, D. Ingraham, J'r., and Tench Coxe, Of which I suspect the taxes have paid both by Pickering and Hodgdon and myself. There are a Number of others of mine. The whole will appear, I think, on a list sent me by Thomas Wright, Esq'r., and now in his hands. I will thank you to apply to him for it, and to have an examination made whether the taxes are marked paid once for each year or twice for each year, upon the whole or any part thereof. I gave the warrantees, dates of warrants and quantities returned. Should it appear that any part of the taxes, for which Sales are to be made in August, remain undischarged, I will thank you to pay them, and I or M'r. Duponceau will repay the Money when you please; the matter will require early attention and Care, tho' but a little. I suppose all is paid. I should be glad also of a bill of the federal taxes on the same lands, and of advice of the time when they must be paid. If there be any danger of Sales, M'r. Duponceau may be advised by post. I beg you to excuse this trouble and to Command in any matter wherein I can reciprocate the Service. I am, Gentlemen, Y'r. very humble Servant, TENCH COXE. Thomas Cooper, John Steele & W. Wilson, Esq'rs. M'r. Sambourne, M'r. Lloyd. I direct generally, as I do not know who may be out or who at Wilkesbarre. _ _ _ (11.) Land Office of Penns'a., July 24, 1801. Gentlemen: In your letter of the 13th, rec'd last night, you do not say anything of the Case of M'r. B. Thayer, from which I suppose mine upon that Subject had not reached you. Applications have <407> SECRETARY OF THE LAND OFFICE. been made to the Surveyor General's Office for returns as required by Scudder & al. and by Stewart's releases. Trimbull's deed, I supposed, had been received and a Copy sent, but I will attend to it. All my Communications are made to you on the footing of mere Conferences between men related by Office; so far as relates to your discretion, powers, responsibilities, &'ca., I wish you to know what I observe with my reflexions, not always digested, and never to be adopted were I to act instead of you, but as they may appear right at the last hour. You have the Minute of property of June 6, 1801, about the untimely Submissions, and since you have a list of those Submissions which that minute Contemplated. The Suspension was merely to affirm the question whether there appeared any impediment to their acceptance. It was unanimously thought there was. It was studiously avoided to make the formal act more strong than a Suspension, because it was wished to shew every attention to the parties whose acts were out of time. None of us, however, have any doubt that we Cannot Consider them under the Act of 1799; had any party been on the Spot and not asked a postponement we should have decided that the Submission was not effectual. Being absent, we thought it would be better received not to decide Conclusively. The Submissions sent by the post are not at all those intended by the minute, but a parcel that had been omitted. This I discovered upon a recent revision. It is not our intention to ask or require the presence of the Submitters who are too late. If you think it expedient to decide finally, we will do it in any Case or Cases to fix the principal, or if the parties desire we will do so. It will, however, be agreeable to us if the Comm'rs. examine and Consider the Minute and the list, and if they will then favor us with all the Considerations which occur to them in favour of the admission, they will be pleased to take the whole range of law, Equity and policy. It is my personal intention to give a Chance for legislative relief in this, and every other Case, wherein it shall appear equitable or politic, provided the Conduct of the Counties of Wayne and Luzerne shall make me to say in good Conscience that they deserve it. They have not a little in their own hands, for they can restrain the violent, the anarchic and the Criminal, or bring them to justice. The point of view in which the Board considered the unaccepted Submissions is this. There are powers given to receive Submissions within Certain limits of place (the 17 Townships) and within Certain limits of time (1799 and 1800). The ques- <408> LETTERS FROM THE tion then was are these Submissions within those limits and Capable of acceptance? A representation or representations from any one or more of the Submitters can be made in writing and sent hither p. post; the parties not need be here. My opinion of M'r. Wright's Conduct was entirely founded upon the information that he steadily refused to the 13th Ult'o. to publish the letter addressed to the Commissioners. It was added that various solid Arguments had been used to persuade him, but that nothing would avail. This information is so different from the last that I must, of course, drop all opinions founded upon the first Information. I hope, however, the letter will be immediately published. It is unequivocal in wishes and influences, favoring the Execution of the law of 1799. Besides this, no man in his Senses can doubt me on that point; did I not officially recommend the prolongation of the time for the Penns'ns. to release? did I not write Circular letters, a procure releases for a vast proportion of the old valuable and settled lands from the most persevering opponents to releasing? It was in Consequence of those letters, that all the releasers after Jany. 6, 1800, were made, Viz, the heirs of Col. C. Stewart, Peter Kachlein, William West, Pauling, John Cox, Philip Johnston, Turbutt Francis, Robert L. Hooper, and George Fullerton, all deceased; S'l. Meredith, W'm. Smith, Conyngham, Nesbitt & C'o., Sam'l. Howell, Charles Hurst Petty, (L'd. Lansdown), Snyder, Byers, Bingham, Nixon, Carson, Kennedy, Dehaven, Deshong, Dehaven, Morris, Gaskill, Grant and Rose. I then trembled for the law because I feared 40,000 acres of land actually covered by both Claims would not be found to be released. I recommended giveing a variety of facilities and recommendations on the execution of the law, but M'r. Franklin set his face ag'st them. I have ever inculcated every where the most faithful and liberal execution of the law of 1799. It is impossible for me to remember an act to secure its liberal Execution that I have omitted. What member of the legislature, what Officer of the Government, what interested or disinterested Citizen has done more to secure its liberal and valid execution, and even extension as to time of its Convenience, promptness and facility of execution? The Comm'rs. of last year will tell you that in a civil way, I expressed the deepest regret that they had come away in the Beginning of October, and even Mentioned that it had produced Surprise and regret and might produce dissatisfaction. I know that the trial at Trenton did not embrace the private right of Soil. But I, when the original paramount title was <409> SECRETARY OF THE LAND OFFICE. irrevocably in favor of Pennsylv'a., the Courts would not and Could not find in favor of a title derived from it. It is also Certain that Connecticut never Sold, nor did the Settlers ever buy, any title from her. Griffins meaning Could not be to affirm the Connect't. private right of Soil. He only meant that no question of private right being at Issue, or Submitted, none could have been tried or affected. This we know is a rule of law and of Justice. But it recurs that Connecticut had given no title, no Claim, received no Money, made no deed, allowed no Survey, had no right of Settlement under her laws, forbad the Settlers to go on; Never Confirmed their Indian deed which they rendered void even against the Indians by the Erasure. It is perfectly Untrue that they were willing to try the the appeal of Dorrance V's. Vanhorne. The Cause was in Court. The rule was "to assign errors." The return was Clearly admitted, for the Cause was in Court, See N'o. 7. p. 26. The persons who plead these things to the Comm'rs. must entirely disregard truth. It will be plain to M'r. Cooper that if the Connecticut men had assigned Errors the Cause must have gone on. They knew their fate would be a decis'n. against them; not by a Penns'a. Jury but by a federal Bench, and, therefore, tho' the writ was returned or accepted, they omitted to assign Errors and were Non pross'd. It is denied that the Connecticut men ever wished to have the Cause tried. We forced the trial at Trenton. We tried to force the question of a private right of Soil before a like Court, but they would not and Could not shew a grant from Connecticut. We forced the trial before Judge Patterson, and we forced them to file errors or be Non pross'd in the Supreme Court of U. S. I think with you that a fair and liberal proceeding, Under the law of 1799, is the Clearest policy and the highest duty of the Penns'a. government in all its parts. Nor do I know a Man in it whom I suspect to be otherwise disposed, either in Philadelphia, Lancaster or Wilkesbarre. The Penns'a. Landholders are open to treat with the Settlers out of the townships. There is no law, Justice or Safety in admitting any right in a Settler out of the 17 Townships. Every favor is abused into a right. The Settler should shew a Willingness to buy by an explicit Offer. Not one has done so, or at least not half a dozen that I know of. It is not by such Settlers as have gone on those lands that a Country is benefited. They keep of the good Settlers. I am of opinion that if there were no Settlers out of the 17 Townships, and they were adjusted, the Country would be more valuable than with the present intruders. But it is Certain that New England people buy <410> LETTERS FROM THE in the Beach Woods, and in Wayne, at 2 to 3 dollars on easy terms of payment. Mess'rs. Goodrich, Shepherd, and too many others Concerned in the 17 towns largely, having engrossed the Settlement rights for a trifle, wish to Continue the Speculation throughout the whole claim. This must be done by keeping alive their pretensions and keeping down our Lands. I will lay before the Board your additional Clause to the oath of single title, but I submit to you the Question of right to qualify the oath. The 7 Section is explicit. It applies to Pennsylvanians and Connecticut men. I hope the provision will be omitted, and where it has been made, will be done away by the precise oath required by the law. I am at present Clearly of opinion that there is no power to add to or to diminish the words of the oath. Nor do I see how a patent can issue to any person who has not taken the precise oath in the law. I am of opinion that serious questions Concerning the Conduct of the Comm'rs. will arise for varying the oath in any so material a respect. Of this you are to judge; let me entreat your serious Consideration of the power to prescribe an oath, and the obligations it imposes on the Comm'rs.; the Saving should have been made, by way of memorial to the Legislature or the Governor, Or all places it seems difficult to admit into the oath, whose words are prescribed. It will be the duty of the Board and its inclination to Consider any plea of title under the Confirming law, when brought to them by Memorial, accompanied by Clear and Certain evidence of what was done in 1787 by the Settler. The Comm'rs. under the Act of 1799 may get rid if all the Applications about the law of 1787, by saying that the parties Can memorialize the Board with their evidence. The law of 1799 forbids any man to have the benefits of it, Pennsylvanian or Connecticut man, who has not first sworn that he had not thrown away one Claim to obtain the others. I am at a loss to ascertain the Cause of your dwelling upon the impropriety and impolicy of acting in a Style of duplicity and Stratagem. I should Consider any person who would suggest such a line of Conduct as unwise, probably Criminal. But if any made had either Claim on the 4th April, 1799, or after, and threw it away to bring himself within the provisions of the law, as he Must swear had not so; it will follow that he cannot be allowed by the execution to do so. This is a point with which Suspicion has nothing to do. If they take the oath they have a right to the benefits of the law. Unless proof Can be adduced that they destroyed one of the joint titles to bring themselves within the law. The reason seems plain. The legislature does not authorize this expensive law <411> SECRETARY OF THE LAND OFFICE. to be used in favor of those who having already the two titles for the same lands have no Complaint to redress. The Complaint in the Case of Col. Jenkins is that the Court, Jury and Witnesses would not bring him to justice. This and such things will remain with me grounds of Conviction. Not reasons of Suspicion. The persons who spread rumours about the Connecticut claim so often disregard accuracy, that I will hope Judge Rush has not suffer'd Such an Opinion, as is imputed, to go from him. If he really entertained it I trust he would report it to the Government for Amendment. The plan of the Intruders going through all the round of legal delays, proves that temper and disposition in them and their advisers, which have given me Convictions, not Suspicions of their Character. This new Scheme accords with my Calculations of them. My opinions about the Surveys of the townships is that they have been once made; that the evidence exists that they have been in Some Cases altered; that Settlements upon those alterations may by and by be shown by disputes of title to be invalid; that therefore the actual and ancient Surveys and returns sh'd be forced out. I have heard M'r. Franklin say that he did not _ _ what Seventeen Townships were meant as there were more. I think a Sight of the Indian deed a reasonable request from the Comm'rs., and it seems to be a great object that they should see it. It was not regular in the Company's Agents to set off Townships out of the Indian purchase. Wherefore, it would be well to see it; a Copy of all the words in it written on the rasure would be Useful. I understand the Minutes of the Susquh'a. Company you have, to be only a Certified Copy. I am of opinion it would be fair and useful to have the original as it is in the County. I go on no Suspicion; but I will always rely upon the highest and most original evidence, and expect it where it can be had. If they shew them it will inspire Confidence. I particularly ask the favor of the Minutes of the Company for the Short period from their formation till the end of 1754, including their Articles of Association. It is highly important. It was my wish that a Complete plot of the 17 Townships, only 270,000, might be secured in the Course of your Season. It Cannot be difficult; they cannot Contain more than 550 to 650 tracts, which will be easy to M'r. Sambourne. I have written you in haste, unreservedly and without Ceremony; so we will Continue to write to one another, Unreservedly and without Ceremony; you will always ultimately exercise your own discretion upon my Suggestions, and your own independent powers, which I have no right to influence by in- <412> LETTERS FROM THE struction or any form of Authority. You know I always avoid any such unwarrantable attempts. I am sorry to learn the Affair of Smilie. Has he been interrupted or seduced, or is the whole Affair groundless? I fear not. If true the Settlers will be fatally wrong if they do not secure the Offenders. It is impossible that they cannot be found, if all are faithful. We are informed that some of the Settlers have held very unwarrantable language at Easton to M'r. E. Tighlman. The Mail being about to close, I can only promise you attention to all your requests. I am, Gentlemen, Your most Obedient Servant, TENCH COXE. Thomas Cooper, John Steele, W'm. Wilson, Esq'rs., Comm'rs., &'ca. _ _ _ (12.) Lancaster, July 29, 1801. Gentlemen: M'r. William Trimbulls appears to have been equitable interest, under the legal title of Colonel L. Hooper, and by his procurement and subsequent approbation, released to the State by Governor Howell and M'r. Woodruff, under M'r. Hooper's will. The enclosed paper will shew the case all the returns of Joseph Scudder, Esq'r., and al., and of Col. C. Stewart's heirs yet found are Six; none inclosed with a list. A letter for M'r. Sambourne goes by this mail from M'r. Mott, but I am unaquainted with the Contents, not having seen him since the delivery of it here. It is reported here, but with what truth I know not, that Co'l. Cummings of Lycoming has been in an Uncomfortable situation there. It is said that some of the Connecticut intruders were in search of him to treat him as M'r. Smiley is said to have been treated. I repeat my hope and wish that M'r. Joseph Wright may publish quickly the statement. I cannot think well of the Candor and fidelity to the State of those who are irritated by a decent official Statement of facts. This is irritation at rightful explanation, evidence and defence. I have no wish to Circulate incorrect representations, and will therefore set right anything of which I have made a wrong statement, and I beg that nothing which the gentlemen concerned think as wrong may be reserved by them. I wish the Memorandum or Note signed by the persons who make it. In Lancaster and Wilkesbarre very violent attacks upon me have been published, and M'r. Franklin, who had last year, after one of those publications, the Votes <413> SECRETARY OF THE LAND OFFICE. of the principal people in the Seventeen Townships, was the writer. One of those papers was published before M'r. Franklin was elected. M'r. Bowman with others was on the Committee for M'r. Franklin's Election. M'r. Jenkins was the other Candidate. They took all the votes of the Seventeen towns and elsewhere between them. Their Character and Conduct in relation to the confirming law, the intrusion law and the Act of 1799, are known and clear. I as a citizen chearfully admit the right of the Citizens to vote for whom they please, so I do as an Officer of Government, But I as a Citizen and Officer, must wait to see evidences of good disposition shewn by those have sent to the Assembly as trustees for the Soil and property of Luzerne persons who acted as those two Citizens have done. It is not all relative to our duties (your duties or mine) under the Act of 1799, but as the Sacrifices under that law are doubtless the last the State will make, and as it is the duty of every Officer to render his duties and powers legally and offi _ sub-servient to the peace and interest of the State. I do not consider the notice I have taken of these points improper, nor I am persuaded, do you? I am convinced that the plan I am upon is for the true interest of the Seventeen towns, whose prosperity has been and still is entirely prevented by the Intrusion. As it has been, so it will be prevented by it, till intrusion shall be effectually terminated, as I wish to terminate, and as I am laboring to have the law of 1799 executed to its utmost possible extent, as I have entreated and solicited all who were concerned to cooperate and procured the great Mass of essential releases, and obtained the consent of a large Comm'ee last Session to give several Months farther. I am sure the Gentlemen themselves must think I have been a real Friend to the 17 townships and the Connecticut Claimants therein. The enclosed resolutions were proposed by me and reported to the Legislature; they went thro' both Houses; all but the one resolution to the disclaim, which upon some suggestion of M'r. F., failed in the Senate and produced the loss of the Bill. The Signature of 150 Settlers, to the Instrument proposed by the Committee of Land holders is so short in time, and in the midst of prejudices, intrigues and threats, is a proof of the Soundness of the measure and adds to the validity of the Pennsylv'a. ground, by showing that so many in so many places yield all question of title. Let us remember what New York does in such cases (see the Act of 1796) tho' they have no Decree of Trenton, No Decision of Judge Patterson, no rasured Indian Deed, No want of Connecticut grant, no want of Consideration money, unanswerably to urge against the Connecticut people. I am very well satisfied that the only hope and expectation is <414> LETTERS FROM THE to protract the Settlement, and involve the Country in Confusion, to produce more expensive Compromises like that of 1799. This will be generally, strongly and effectually resisted on all quarters. Our Settlements in the Western part of are breaking very strongly this year upon Pennsyl'a. titles alone. Northumberland after losing Luzerne, and Lycoming has 4 representatives; many good purchasers and Settlers are going into Luzerne and Wayne. The Comm'ee. write me that Smiley's affair is believed and will be acted upon. Christian Lange has transmitted his own oath of single title and his Wife's release of Dower, which will be sent to you. Having been engaged in moving my Family, I have not been able to take up the revision of the Luzerne Business, so as to send up all to you, if any that is deficient, but I shall commence to morrow. Nothing from me shall delay you. I am, Gentlemen, Your respectful Humble Servant, TENCH COXE. The Commissioners of the State of Penns'a., Luzerne County. _ _ _ (13.) Land Office of Penns'a., August 5th, 1801. Gentlemen: I had the pleasure to receive from you a Sheet of paper superscribed for me, headed with the words "Wanted" and containing Mem'as. of Surveys of or for Turnbull, Patterson, Meade, Snyder, &'ca. I am informed from the Surveyor General's Office that they have not the Divisions of the Manors, But I presume that William Tighlman, Charles Stewart, or the Attornies of the Penns, will be found to have furnished some of them, whereof Copies you will be pleased to examine and I will write to Coates. I will also examine here. A number of the Surveys of the Lands released by Howell and Woodruff, Executors of Hooper, late owner and trustee of Turnbull, have been sent p. last Mail. If any Surveys of their released tracts are yet wanted be pleased to say. None of the lands released by Snyder and others are returned; they live at Easton. I will write to them, and I recommend the same steps to you, pressing them to have the returns made, that they may be considered. Hartley's Survey in the name of Luce has been sent, 302 acres. There is not in the Surveyor General's Office any Division of <415> SECRETARY OF THE LAND OFFICE. lands on "Abraham's plains" shewing D'r. Smith's N'o. 6, 8, 14 and 17. I will write to him and Stewart's Heirs about it; Also to Col. Francis' heirs. There are no returns of the lands in the Names of McCarrol, Punner, Boucher and Vansant, released by Heirs of John Cox. I will write and apply here to the different persons. Ann Kennedy's return, in the Name of W'm. Bell, and D'r. Smith's, in the name of Joseph Reed, are not in the Office. I will write them. Charles Smith, Esquire, son of D'r. William Hooker Smith, informs me on Application that he is unacquainted with the Business and knows nothing of the returns. We do not yet find any information in any of the Officers of this Department relative to the Sale, in or out, of the proprietary manors, beyond what your Abstract from M'r. Coates informat'n exhibits. The Tract of land, 150 Acres, given to Thomas Osbourne as a Compensation for Services, is stated to be in the Manor of Wyoming; that is I suppose within the Manor of Stoke which contained Wyoming. It is not, therefore, possible to find the Survey; but in the general draft of that Manor special enquiry was made of the Surveyor general without success. David Meade and other, Compensated under the Confirming law, held under rights of others in some Instances. I am searching for the Warrant, Date, quantity, &'ca., in each case, that I may give you the proper returns. It is scarcely possible to fail in this, as the papers and Books must give the requisite lights. For Convenience and method this reply is Confined to the Enquiries in your paper marked "Wanted." I am, Gentlemen, Your respectful friend & Serv't., TENCH COXE. _ _ _ (14.) Land Office, August 19, 1801. Gentlemen: I find that Col. Hartley's part in the name of Luce is returned, and that a Copy has been sent to you. I have written to William Tilghman, Esq'r., M'r. Samuel Mifflin for Francis's Heirs, Mess'rs. Coates for Mess'rs. Penns and D'r. Smith for all the particular and general Draughts of farm lots, great lots, Manors, divisions, &'ca., as also field notes which they can furnish; others letters are in Hand; our joint letters, shewn here to General Steele, has gone forward. <416> LETTERS FROM THE The representation of Compromise, as on the application of M'r. Gore and 199 others, thro' the Reverend John Smith, is stated to me to be quite wrong. The Landholders are afraid of the same improper use of such a measure as always has appeared, and they believe that persons who claim under such a title are not to be confided in. An acknowledgement of the Pennsylvanians title must precede all other steps. The States of Pennsylvania and Connecticut forbid by proclamations the Settlemts. Compromise leads to endless and ruinous Consequences; the Landholders will not make them. The Government, I am satisfied, would consider a deviation from their pointed form as unwise and not due to justice. An Application from an Orphan Family was made when Gen'l. Steele was here, and another has since been made. The people at nine partners have authorized a Committee (Hosea Tiffany and others) to declare their total disapprobation of the measures and Claim of the Susquehannah and Delaware Companies, and wish to purchase; they have addressed the Committee. M'r. Thomas Clifford has been into a Settlement in the Beach Woods, and sold to all who were on a large parcel of land there so as to close everything with Comfort, and every prospect of future Benefit. So M'r. Drinker advises me. M'r. Franklin has addressed M'r. Field with Overtures, who has or will make a Consistent reply. As it regards the public Service the violent abuse of my proceedings in the Luzerne has the best effects. It convinces our whole State of the true Character of the remaining opposition. The taking of the rioters at Tawandee, if followed by Conviction, will have good Effects. If they are convicted and punished it will damp Insurrection. If acquitted it will unite the Government and State still more if possible. I hope you find impediments lessen and the means of proceeding increase. We long to see all the Pennsylvania lands patented and flourishing under Pennsylv'a. patents, and peace and good will restored. That and the Allegheny Business are all we have to adjust to render the State completely prosperous. We find that Gov. Mifflin in 1795, Dec'r., in his Speech, takes the present ground of the Board of property, as to the Obligation of a Settlement for years "before a patent can issue." This was no doubt drawn by M'r. Dallas and will be before the Court in Sep'r. I rejoice at the prudence of the County Commissioners of Luzerne in not selling for taxes as proposed in August. I am, Gentlemen, Your respectf. H'l. Serv't., TENCH COXE. <417> SECRETARY OF THE LAND OFFICE. (15.) Land Office of Penns'a., Augt. 28, 1801. Gentlemen: I have lately procured from the Surveyor Gen's office a complete copy of the list of Surveys sent to the Comm'rs. from 1800 to this time. In it I find, as lately sent, the Eight returns belonging to William Bingham, and by him released, as per the enclosed abstract from his deed. A complete Copy is ordered and will be sent if possible by this Opportunity. All Col'l. Hartley's returns are found on the same general list including that in the Name of Benjamin Luce. The oath of single title of Christian Lange, and the release of the Dower of Sarah Lange, have been copied and certified as inclosed; the tract in the name of William Bell is found to have been surveyed by William Montgomery, Esq'r., this return defective as to the lower Course, and distance from the Black oak on the river was found in the deed. It is to be sent to him for perfecting and in the interim an uncertified Copy is sent for information. The persons owning are all minors. But one lately of age is about to Confirm his act when under age. The tract called "Crooked dale," formerly of the Mess'rs. Penns' 1,026 acres, N'o. 40, was unknown till a late application to them brought it forth. If it be their unaliened property it will be covered by their general release, of which I sent your predecessors a Copy. Inclosed is a general Abstract from the reports of Mess'rs Pickering and other Comm'rs under the act of 1787, taken from the papers in this Office. Also a like paper from those in the Receiver genl's Office. There is one difference, as you will perceive. It respects N'o. 6 in paper from this Office, being D'r. Plunket's Case; it does not appear from the Receiver Genl's. Books that the case has ever been completed by the issue of a Certificate for the Consideration, yet you will find among your papers a Copy of the Comm'rs report upon it; perhaps his Heirs have not called. My letters for subdivided Surveys have been answered by William Tilghman, Esq'r., Sam'l. Mifflin and J. R. Coates, for J. and R. Penn, but I have yet nothing from them that is wanted. M'r. Coates writes that he sent you some papers, which I hope are in part what want. If he describes them correctly they are a part. Inclosed are two draughts which when seen by Mr. Sambourne are to be sent under the Cover which Contains them to Mr. George Wells. If Mr. Sambourne has them they will assist in perfecting his general Draught. I beg they may be dispatched as there is a desire in that quarter to purchase those lots, 27-VOL. XVIII. <418> LETTERS FROM THE which, after submission, will be sold to the Settlers. I presume, therefore, not within the law of 1799, no lands above Tawandee on the W. side of the N. East Branch have been accepted by the late Land officers, because under rights universally subsequent to the Decree of Trenton. The lands of Hurst, Petty and C'o., tho' under older rights, were not lawfully located as I conceive, being laid there (if laid in legal sense at all) before the Indian purchase of 1784. However, in this Case I offer no Official difficulties, because I have a small Interest in land surveyed in 1785 within the limit of Hurst, Petty and C'o. claim. M'r. Hurst, Junior, now here, seems to admit the probability that their family right is of no avail there; you will of Course confer with him on the Subject. If any Confirmation shall be given by the Commissioners to the claim of Messrs. Hurst and Co., the Concern of Pickering, Hodgdon, Coxe and Co. will meet them before the Board, when I shall not sit as a Member. I heartily wish our title admitted us to release the lands, but is too modern, by more than two years. When we sent up our Form of single title in 1800, we meant it to Co-operate in Confirming the Submiss'ns, which were made in some respects rather laxly. A letter of the time possibly adverts to that view. It may be well done in the Acknowledgement of the and in how great a Number. There are impressive appearances in the manner of spelling, Execution, &'ca., in some cases; whether they be from Intention or Carelessness, incidental Confirmation appeared to be expedient. I find that we have time to Compleat an Official Copy of M'r. Bingham's release, wherefore it is inclosed instead of the Abstract of it before mentioned. I am, Gentlemen, Y'r. respectful, h. Servant, TENCH COXE, Secretary of the Land Office. _ _ _ (16.) Lancaster, Aug. 29, 1801. Dear Sir: Good private optys. so rarely occur, that I have not been able to write to you for some time without postage. A principal point of Concerne at this moment is the Maryland election of Electors of their Senate; great exertions are making on both sides; the event is difficult to pronounce upon. But we expect a Majority of republicans; the 1st Week in September is the time. <419> SECRETARY OF THE LAND OFFICE. We are informed here considerable purchases of lands, all in the 42nd degree, in our State, are going on by Americans, English, Irish, Scotch people. They are generally supposed to be accompanied by plans of Improvement. The clearing of the Susquehanna and the Lancaster and Columbia Turnpikes are going on; also that from Montgomery to Philadelphia. Foreigners, against whom there is much Cruel obloquy, will do much to preserve our peace in the 42 degree. The French Movements towards Rome and the Eastermost point of Italy, indicate views towards Turkey, and to support their Army in Egypt the French will certainly feel the Jeopardy produced by the Turkish Co-operation with the British. The Spanish and French forces in Portugal are so placed as to interrupt communication between Oporto and Lisbon, but they have two distinct Armies, lines of March, and plans of Operation. Each supports and is supported by the other. We do not learn that the Northern powers have receded; not that Britain menaces a new Expedition to the Baltic. Hanover and the other British dependencies in Germany remain with Prussia. Denmark tho' retired from Fauburg a little mysteriously, Continues her measures of Defence on her Baltic Coasts. Russia has not been so unequivocally friendly to England as to abandon the principle of the Northern Confederacy, and Prussia ratified that Confederacy many Weeks after the Battle of Copenhagen. This and her possession of British Germany are deeply hostile. I do not perceive that Prussia could do more. The British Government must perceive themselves to be uncomfortably situated as to the Navigation principle, and their rights, powers and Influence in Germany. Their long standing in Portugal is no less unsatisfactorily situated. I do not see anything very pleasant in their Irish Concerns; that Country has given to America in 1801 the population and Wealth of a very respectable County. The proper English are buying largely every description of fast property in America, and must follow with Men and Money, and Arts and trades daily and yearly. Our Census is greatly beyond expectation in some places. Jersey thought in full at 184,000 proves to have 211,000. Georgia from 82,540 is advanced 163,879, after losing the people of the Mississipi territory. North Carolina is advanced from 393,000, after losing the State of Tennessee, to 447,000. Kentucky from 73,677 is advanced to 220,955. Delaware is stationary at 64,273, having before 59,094, her advance is only about 10 p'r. Cent. in 10 years. Delaware has no iron, no coal, 10,000 Slaves, no manufactures, milling excepted, an unfavorable Climate; her wood and timber are reduced; imported liquors are universally obtained with ease and Cheap- <420> LETTERS FROM THE ness; her people are tempted to buy in and emigrate to Pennsylvania and elsewhere; she has little foreign trade; the Necessaries of life are kept high by the ease of sending to Market; her youth are educated at other Seminaries; her Seamen and Watermen are drawn to Philadelphia and the ports of the Chesapeake, and much of the Country is not fertile, nor is her farming System good. I apprehend that improved lands may be procured there upon the lowest terms of any equally well situated for a great Market in America. The Census of the N. W. territory is encreased from about 5,000 to 45,000 persons. I am not acquainted with the rest of the Union yet, but know from Spots that our Encrease is great upon the whole. I think from nearly 400,000 we shall run up to 5 1/4 or 5 1/2 Millions in few years-perhaps higher. But on a peace we shall advance still more rapidly, and even now under a more generous System towards foreigners we shall advance more rapidly than since 1797. Our Crops are very abundant in grass and Winter grain, and highly promising in Summer grain. The Country is so busy that here we are all destitute of wood at any price. I have borrowed a dozen times this Summer, and loads equal to 7/8 of a Cord have sold (of hickory) at 5 Dr's. it is now 4 1/4 & 4 1/2 . I find a Company at Havre de grace, Baltimore and Annapolis have bought Musser's Coal mine in Dauphin. There is only one Pennsylv'a Shareholder, a Citizen of Lancaster. It is said that the treasurer, M'r. Meredith, has sold all his old and late Pennsylv'a lands to an English Concern, Poyntell agent, and received 10,000 Dollars down; the many and good and some late sur-patenting this year, brings in on the whole a greater sum than in 1798. Most purchases are made so as to have the lands patented. I find the new road, cutting from the Bald Eagle to the lake, is producing purchases and Settlements upon the great and small scale. We are to proceed with our Mandamus case in Sept'r. I shall go down next week, but my letters will be stopt by order at the Philadelphia Post Office, that I may reply from thence. You need not alter your mode of Conveyance therefore. I find Mess'rs. Lewis, E. Tilghman and Dallas have given opinions to the Population and Holland Comp's. that no person can go on a tract of land without previous proofs to ascertain what they call forfeiture, and that the State only can avail itself of that forfeiture. Also that the patents issued to the Holland and Population Companies cure all fault in the title, being subsequent to the alledged forfeiture. We ask was there a "forfeiture" or a non-investment of any title and a consequent impossibility of forfeiture? We also ask whether a patent issued with- <421> SECRETARY OF THE LAND OFFICE. out law can legalize what the Legislature forbad? We meditate a memorial to the Court to explain our unanimous views. I am afraid I have tired you and therefore Conclude myself, Your respect. H. Servant, TENCH COXE. 29 August, 1801. It is understood by this Evening's mail that Rhamanie is taken by 8,000 British and Turks, against a French force of half the number. But if it be taken with any material loss of killed or prisoners on the part of the French, it is a serious affair. 31 August. I have just received the astonishing inform'n. that the grand Jury has not found Bills against the seven outrages of Smilie. The men who will have lands under the law of 1799, 700 in number, must be unfaithful to Pennsylvania, and to their own Interests, if they do not take such measures as will maintain government in that quarter. I think you will see that no harsh estimate has been made of men and things, as has been heretofore made by the Pennsylvanians; the History of this Intrusion, from 1755 to this day, has made strong Impressions upon my mind. Connecticut herself, in 1784, by her Governor, said We will never disturb the Decree of Trenton, yet her Legislature voted to disturb it; one house 1796, and was near carrying it in the other, and issued a Deed in 1795 calling for the "pretended" North line of Pennsylv'a. I would offend with no exhibitions of distrust, But I would see all clear, as we proceed in all things. _ _ _ (17.) Lancaster, August 29, 1801. Gentlemen: I trouble you with a letter upon a private interest in one of the Cases before, Being under a small eventual engagement for the Estate of Col. Thomas Hartley, and having received an Application for and from one of the Executors, I beg the favor of your Causing a revision to be made of the papers in that Case, and will thank for information of any matter whatever, which it is necessary to do in order to give every benefit of the law. If you find everything in order, I will thank you to proceed upon the case; and your opinion upon it, when it will be in your power, will oblige me, in case any Circumstances prevent your immediate action in the case. There are I believe 3 tracts and parts of tracts. I am, Gentlemen Your respectf'l. H. Serv't., TENCH COXE. The Commissioners of Valuation, Luzerne. <422> LETTERS FROM THE (18.) Land Office, Lancaster, November 2, 1801. Gentlemen: I herewith transmit you a number of returns and several Draughts, which I received from the Surveyor general's Office on Saturday last, relative to the Claim of the heirs of the late Cha's. Stewart, to lands in the 17 towns. From the advanced Season of the year, I presume you will shortly close your labours on the Susqueh'a and return to this place; otherwise I should write more particularly. Wishing you the most perfect Success in the accomplishment of the important Business with which you are entrusted, I am, with due Consid'n., Your Obedt. Serv't., ANDREW ELLICOTT. Thomas Cooper, Esq'r., Gen'l. Steele and W'm. Wilson, Esq'r., Comm'rs., &'ca. _ _ _ (19.) [Not dated.] Gentlemen: Herewith enclosed you will receive Eleven 1/2 Sheets of paper, Containing eleven Certified copies of Acts or Deeds of Submission of Connecticut Settlers, numbered from 760 to 770 inclusive. There are two other Submissions which were laid out by your Clerk for copying, one in the name of Joseph Horsefield, for 40 acres in Pittstown, and the other in the name of Lemuel Gustine, for 10 A's in Kingston, which added to the eleven herewith sent you, will make the 13 said to have been mislaid. The two last mentioned Submissions have been already copied for the Use of the Commissioners, and the Copies forwarded to them, as appears from the Memorandums made on the originals by M'r. Worral in the usual way. Should you, however, deem it indispensibly necessary that you should be furnished a Second time with Copies of any of those instruments, you will please to hand me a particular list of the numbers, names, &'ca., of all that are yet wanted. I would thank you for a receipt for the Copies entered. With due respect and Esteem, I am, Gentlemen, Your mo. Obt. Hble. Serv't., ANDREW ELLICOTT, Sy. Of L'd Office. Thomas Cooper, Esq'r., Gen'l. Steele and W. Wilson, Esq'r., Comm'rs. <423> SECRETARY OF THE LAND OFFICE. (20.) Land Office of Penns'a., April 9, 1802. Gentlemen: On the 24th day of February last I had the pleasure to forward to you Copies of eleven Connecticut Submissions, numbered from 760 to 770 inclusive, for which no receipt has been given. You will now receive enclosed a Certified Copy of the release of William Helmes and Wife to the Commonwealth, made under the Act of April the 4th, 1799, for which you will please to send a receipt, together with one for the aforesaid eleven Submissions. I am, with much respect, Gentlemen, Your Mo. Obt. Hble. Servant, ANDREW ELLICOTT, Secretary of the Land Office. Thomas Cooper, Esq'r., Gen'l. Steele and W'm. Wilson, Esq'r., Comm'rs. _ _ _ (21.) Land Office, Lancaster, June 17, 1802. Gentlemen: A letter from M'r Cooper, under date of the 28th of May, 1802, with its several enclosures, has been received. The Memorandum therein Contained was immediately laid before the general Surveyor, with a request to furnish the several Copies desired for the Use of the Commissioners, as soon as Conveniently they Could be made up. Herewith enclosed you will receive a Number of Copies of Connecticut Submissions, &'ca. The two Submissions in the names of Vandermark and Tuttle are not Certified in the usual manner; they are Considered invalid on account of the date which they bear. The Board have considered the Act of 1802 as Supplementary to the Act of April 4, 1799, and are of Opinion its provisions were intended to embrace two kinds of Submissions. The first object of the act alluded to, is to extend for a limitted time the receiving Pennsylvania releases and the claims of the Connecticut Settlers into the Land Office after the 1st day of January, 1801, and before the passage of the Act of 1802, to be legal. The Board conceived that under the first provision of the Act of 1802, all submissions made in pursuance thereof must bear date subsequent to the Act itself, and that under the second <424> LETTERS FROM THE provision no submiss'ns were embraced but those that had been actually received by and the originals in the possession of the Land Office, prior to the date of the law under which they were to have a legal existence; the form of the Certificate of the Commissioners, which M'r. Cooper was so obliging as to forward to me for consideration, you will also receive enclosed. It is conceived that it will be complete if the Commissioners will be so obliging as to insert in each Certificate to be issued the number of the Connecticut Submission and the date of the Pennsylvania release. I am, very respectfully, Gentlemen, Your most Ob't., Hble, Servant, ANDREW ELLICOTT, S'ec'y. Land Office. P. S.--From a Memorandum kept by the general Survey'r of the Copies furnished from his Office, it is found that the several returns mentioned as wanted in M'r. Cooper's Letter, and released by Jen. Helm, have been furnished to the Commissioners long since. They were made out under P. Stewart's Application by Jen. Helm, her attorney, of which the present release of Jen. Helm is a Confirmation. Yours, &'ca., ANDREW ELLICOTT. Tho's Cooper, Esq'r., Gen'l. Steele and W. Wilson, Esq'r., Comm'rs. &'ca. Memorandum of papers enclosed: 1. Set of Submissions numbered from 762 to 770 inclusive. 2. 2 " N'o. 117 to 760, under Seal of Office. 3. 1 " D'o. B. Vandemark, Invalid. 4. 1 " D'o. Original H. Tuttle D'o. 5. 1 Pennsylvania release, John Bull, Esq'r. 6. 1 Commissioner's Certificate. 7. 2 Copies of Draughts from S. G., mentioned in John Bull's release. _ _ _ (22.) Lancaster, July 15, 1802. Gentlemen: You will receive enclosed certified Copies of a number of Submissions of Connecticut Settlers, numbered from 772 to 802 inclusive. You will also receive herewith an original Submission in the Name of John Fairchild, Junior, which is returned <425> SECRETARY OF THE LAND OFFICE. as invalid on account of the date it bears. It would, perhaps be proper to have it handed to M'r. Fairchild, J'r., without much delay, that he may make a new one before the expiration of the time limited by law. I am, Gentlemen, Yours, &'ca., ANDREW ELLICOTT, Sec'y Land Office. Thomas Cooper, Esq'r., Gen'l. Steele, W. Wilson, Esq'r., Comm'rs. _ _ _ (23.) Lancaster, July 19, 1802. Sir: Agreeably to the request contained in yours of the 10th Ins., I enclose Copies of the following returns of Survey: Application N'o. 141, 305 1/2 A., Ja's. Shaw. 702, 309 " Jn'o. Hammon. 721, 317 " Arch. Stewart. 721, 352 " J'no. Boune. 1,986, 277 " David Feazer. From the Memorandum you have given in the case of Enoch Smith, the papers cannot be found; this was the reason why they were not sent when you first requested them. The other papers being amongst some of the last forwarded, I supposed they might not have reached you at the time of writing, but that they would be afterwards received. When the release of Enoch Smith is received the papers may perhaps be better described; if they can then be found Copies will be immediately forwarded. I am, Sir, with respect, Yours, &'ca., SAMUEL COCHRAN. Thomas Cooper, Esq'r. _ _ _ (24.) Lancaster, July 19, 1802. Gentlemen: Herewith enclosed you will receive Copies of 12 Connecticut Submissions numbered from 809 to 820 inclusive; Also the 3rd Copy of N'o. 117, in the Name of Abraham Bradley, Junior, a <426> LETTERS FROM THE Copy of which was also forwarded by my letter of the 10th June last. I am with respect, &'ca., ANDREW ELLICOTT, Sec'y L. Office. Thos. Cooper, Esq'r., Genl. Steele, Will. Wilson, Esq'r. _ _ _ (25.) Land Office, Lancaster, July 27, 1802. Gentlemen: Herewith enclosed you will receive the following papers relative to your Commission: 1. Copy of Sam. McClay & Wife's release; 2. Copy of Dan. Gore, Sub. N'o. 225; 3. 15 Subm'ns N'd. from 821 to 835 inclusive. Last Evening came to hand a release from Enoch Smith to the State; also a release of Dower of Gaynor Smith, his wife, to the State. The last Instrument is without acknowledgement or proof of execution. The necessary Copies of these Instruments will be furnished you as soon as they can be got ready. I am, &'c., ANDREW ELLICOTT, Sec'y Land Office. Tho's. Cooper, &'ca., Comm'rs. _ _ _ (26.) Land Office, Lancaster, July 29, 1802. Gentlemen: Herewith enclosed you will receive the following Copies, viz: 12 half sheets of Connecticut Submissions, N'o. 830 to 847, and 3 Copies of returns of Survey in the names of Charles Beaver, William Fisher and William Webb, which are mentioned in the release of Enoch Smith, a few days since came to hand. I am, very respectfully, Gentlemen, Your mo. Obt., H. Serv't., ANDREW ELLICOTT, Sec'y Land Office, Penns'a. Thomas Cooper, Esq'r., Gen'l. Steele and William Wilson, Esq'r., Commissioners, Luzerne Co., Penns'a. <427> SECRETARY OF THE LAND OFFICE. (27.) Land Office, Lancaster, August 26, 1802. Gentlemen: I have the pleasure herewith to enclose you a number of Official Copies and other papers relative to the object of your Commission, as p'r. List at foot. For a Copy of the Submission formerly made by M'r Samuel Franklin, you will please to turn to N'o. 469 of those already furnished. A certified copy of the Submission of Hamilton Grant has also been transmitted to you, but no notice whatever has been taken of the old certificate annexed to the original by the Board of Property. The Submission of Jacob Smithers, dated the 20th of July, 1802, and received at the Land Office on the 7th of this Inst., is held under advisement by the Board of Property, with several others subsequently received. You will receive likewise an original Submission, executed by Mehitable Munroe and Charles Gaylord, Administrator on the Estate of Nathan Munroe, dec'd., which has been rejected, and is now returned for the same reason as those in the names of Tuttle and Vandemark were, and not on the account of the omission of the recital of the Act of April 6, 1802. You will please to observe in this Submission, as well as in those, that the only objection to its being accepted is the Date it bears, viz, the 27 December, 1800. I am, Gentlemen, Your obedient Servant, ANDREW ELLICOTT. Thomas Cooper, Esq'r., Gen'l. John Steele & William Wilson, Esq'r. Enclosures in the foregoing Letter: N'o. 1, Bundle of Connecticut Submissions. " 2, original Submission of Munroe's. " 3, Copies of returns of Survey. One bundle containing 10 Drafts from Surveyor General's Office. Copy of a release of John B. Wallace. D'o. of Richard Manning and Wife. D'o. of George Armstrong and Wife. D'o. of Thomas Palmer, W. Bell and Ephraim Blain. D'o. Thomas Lukens. D'o. David McKinney et al. D'o. Daniel Bussard. D'o. Jacob Good and wife. <428> LETTERS FROM THE (28.) Lancaster, May 7th, 1803. Sir: At the time of removing our Office the two papers enclosed were mislaid, so that it was out of my power to return them to you previous to your departure from this place. I therefore, as soon as they were found, have taken the 1st opportunity of transmitting them to you. I am, respectfully, Your obedient, Hble Servant, SAM'L COCHRAN. Thomas Cooper, Esq'r. _ _ _ (29.) Lancaster, June 22, 1803. Sir: Yours of the 18th Instant came to hand last night. In answer thereto, would observe that upon examining the account and vouchers, handed me by you last Spring, the items now in dispute, altho' regularly vouched, appeared to be such as I could not admit; but before I would make any deduction I wished to obtain further information on the Subject. If my recollection is correct, I think it was the Sunday after I received the papers, I met Gen'l. Steele on the street; in the course of conversation I mentioned the charges alluded to, and the same day shewed him the account; his opinion coinciding with my own, and he being one of the Commissioners, confirmed me the more. When I met you at the Comptroller's office, agreeably to your request, after some conversation you proposed (I think) to leave the matter to the other two Commissioners, to which M'r. Bryan and myself agreed, at this time M'r. Wells had not been mentioned by you, nor did at that time know that General Steele had left the Borough. Upon your calling with M'r. Wells, I mentioned that as you had proposed to refer the Difference to the two other Commissioners it would be better to let them determine the Business. M'r. Wilson is now dead, nor would I wish to cast a cloud over his memory (for I held him in high estimation as a man of honor), but am surprized that he should insinuate that M'r. Bryan & myself, or either of us, had any unfair or cunning design in view to injure you. I feel perfectly easy on the Subject, as my own heart does not charge me with improper conduct in the Business. I consider those charges in your acct. suspended until some report is made upon them; this cannot possibly be done now by the parties originally mentioned. I would, therefore, <429> SECRETARY OF THE LAND OFFICE. propose a mode of Settlement much more expeditious and less troublesome than by appealing, which is that the Business be left to the Commissioner who fills the place of M'r. Wilson, M'r. Wells and some other reputable person, or to any two or three respectable characters those who are acquainted with the Subject (a Copy of the papers you have). They approving and you forwarding a Cert. thereof, would be in my opinion satisfactory to the department, and enable them to settle the business. The Comptroller is not in town, but I have no doubt but he will agree to the above mode. I am, Sir, Your humble Servant, GEORGE DUFFIELD. Thomas Cooper, Esq'r., Commissioner. _ _ _ (30.) Lancaster, July 8, 1803. Sir: Your letter of the 18th June last did not come to my hand till Wednesday last, having been absent from home for several weeks attending the Supreme Court. I must confess I was very much surprized at the contents of your Letter, for my conduct was perfectly ingenuous. When the account came from the Register General's I was fully impressed with the opinion that you had been apprised of the deductions and had acquiesced in their propriety; but when I was informed you had had no opportunity to offer your objections, and to shew the justice of the full charge, I agreed without hesitation to a revision. When M'r. Duffield made the proposition relative to General Steele, &'c., I was not acquainted with his ideas or impressions on the subject of your account. M'r. Duffield may have been, as there subsists a cordial and very frequent intercourse between those Gentlemen. M'r. Duffield informed me that he had made a new proposition to you, which was to refer the Business to the other two Commissioners, or to any three respectable and disinterested men, to which I freely agree. I am, Sir, Your most obedient Serv't., SAM'l BRYAN. Thomas Cooper, Esq'r., Commissioner. <430> LETTERS FROM THE (31.) Register gen'ls Office, July 4, 1803. Thomas Cooper, Esq'r.: Sir: Yours of the 2nd Inst. came to hand yesterday. The Comptroller General was absent when I last wrote and has not yet returned. What his opinion may be I cannot say certainly, but have no reason to doubt of his agreeing to the mode proposed to you by myself. I am, Sir, Your obedient Servant, GEORGE DUFFIELD. _ _ _ (32.) Land Office, Lancaster, July 20, 1803. Gentlemen At the request of M'r Aaron Levi, I enclose to you certified copies of Six returns of Survey, for Lands said to be released to the State, under his release, of which I presume you have a copy. I am, with respect, Gentlemen, Your mo. obt. Servant, ANDREW ELLICOTT. Secretary of Land Office. Thomas Cooper, Esq'r., Gen'l. John Steele, William Wilson, Esq., Comm'rs. _ _ _ (33.) Land Office, Lancaster, Jany 2, 1804. Gentlemen: Herewith you will receive a certified Copy of a release from Antoine Nicholas Goddard, by his Atty., to the Commonwealth, made under and in pursuance of the Act of Assembly, of the 4th of April, 1799, together with a certified copy of the return of Survey of the tract of Land therein conveyed. You will observe by the Deposition on the aforesaid Copy, that the Grantor was absent from the United States at the time the law passed, and continued absent until the 15 Aug't last, when he returned and executed his Deed in due form of law, and forwarded to me on the 14 Nov. last. ANDREW ELLICOTT, Sec'y Land Office. Thomas Cooper, &'c.