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Tri-County Legal Documents |
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Tri-County Legal Documents |
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Thanks to Kathy Forkell
for the document and the 1796 Map of Pennsylvania below. Over 600 signers |
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To the Honorable the General Assembly of the State of Connecticut, to be holden at New Haven, the second Thursday of October next:
The Memorial of the Subscribers, inhabitants of the County of Luzerne, settlers under the Claim of the State of Connecticut, Respectfully Sheweth,
That by the approbation of the State (then Colony) of Connecticut, as early as the year 1754, the inhabitants of said State made a bona fide purchase of the natives of a large tract of land, extending from the river Delaware, Westward, about one hundred and Seventy Miles, including the whole breadth of the forty-second degree of north latitude; lands fairly included in the royal grant to the Plymouth Company, in the year of our Lord 1620, and by derivative grants vested in the early settlers of Connecticut, and Confirmed to them by the Charter of Charles the second, April 23rd 1662, that large Settlements were made by the purchasers (amongst whom were your memorialists, and those they represent) on those lands, from the year 1755 to the 15th of October 1763; at which time the Settlers were dispossessed by the savages; with the loss of many lives, and their property. But the survivors, with others of the purchasers, resumed their possessions early in 1769, and continued down to the Close of the year 1782, under the Jurisdiction of the State of Connecticut; during which time the Town of Westmoreland was established, a County erected, and civil Government duly administered, under the authority of said State.
That during that term, many respectable citizens of said State, moved on to lands purchased as aforesaid; established themselves and families contiguous to each other for better defence, on Small parcels of land, calculated for immediate support, and located other lands as a future dependance; but were prevented from Settling thereon by Reason of the late War.
That in the year 1776, they furnished the Continental army with near three hundred Officers and Soldiers, which left the settlements weak and unguarded, that in July 1778, the Settlements were Cut off by the Savages aided by the arms of Great Britain but soon regained by the zeal & prowess of those who escaped the carnage of the first attempt of the Savages; that the settlements, by heavy losses of men and property, were reduced to distress; great numbers of widows and Orphan Children were left almost destitute of the necessaries of life; and the families of nearly two hundred Officers and Soldiers, (then in the federal army) became almost helpless, and needy beyond Description, but were assisted by the then returned inhabitants and relieved by the activity of that Country alone. The settlers were a most important barrier to the interior parts of the country through the war; and were continually harassed by the Savages, and those of a more Savage nature, until the war was closed, with repeated loss of lives and property.
That the State of Pennsylvania, taking advantage of the debilitated Situation of the Settlers, applied to the Congress of the United States, for the Constituting a Court for the Settlement of the Jurisdiction of the country aforesaid, claimed by them, in virtue of a Grant to William Penn, Esq. dated March 4th 1681, nearly nineteen years after the Confirmation of said territory to the Connecticut Company in 1662.
(173) * C.S.L., Susquehannah Settlers, I, 180a-188i. The signatures which were written on seven copies of the petition, have been consolidated here.
Much of the wording closely parallels that of the petition by Dyer and others; no.153,ante. The present petition, however, obscures the distinction between the Susquehannah and Delaware companies, for it is merely from the inhabitants of Luzerne County, and the purchase from the Indians is described as though it had been a single purchase running westward from the Delaware River. The eastern boundary of the Susquehannah Company purchase, of course, was a line paralleling the river’s meanderings ten miles east of the river.
The submission of a second petition just four months after the firsty had been rejected may have been justified by the fact that 691 signatures of actual settlers were obtained for this later effort. Only twelve men, non-residents of Luzerne County, had signed the first petition.
That on notice of such application, it was objected on the part of Connecticut, that great part of the deeds, evidence and papers necessary to be used on a question of title, were then in Great Britain, having been left there for that purpose; and could not at that time be obtained, the war preventing. It was moved by the agents of Connecticut, to postpone the trial, until the war was closed, and the said writings could be obtained. That the state of Pennsylvania insisted upon having a trial, the said objections notwithstanding. At the same time the agents of that State had, by some means possessed themselves of the said writings and evidences, which they secretly withheld, without the knowledge of the State of Connecticut or her agents. [2]
That a Court was constituted; five commissioners only attended; two others who had been appointed, and who were relied on by the State of Connecticut, as disinterested and impartial characters for some reason failed and did not attend. [3] The Cause was heard; and a decree did pass on the 30th day of December 1782, in favour of Pennsylvania, against the Claim of Connecticut. That, in Consequence thereof, the Jurisdiction aforesaid, fell to the State of Pennsylvania.
That the Settlers in January 1783, by their humble petition to the legislature of Pennsylvania [4] put themselves under the protection and Government of that State; and prayed for a Confirmation of their Just rights and possessions. That they were at first flattered by the measures adopted by Government; but these flattering prospects soon vanished; and every measure which appeared favorable, was perverted by their enemies to seduce, disarm, ruin and destroy the settlers. That an armed force was sent by the authority of Pennsylvania; who in the month of May 1784, did actually disarm, rob, plunder, and totally dispossess the Settlers. That every mean was used by the Settlers, by their petition to the legislative executive and Judicial authority of that government for their interposition in behalf of the said Settlers, to reinstate them in their possessions; but all to no purpose. They were often flattered; but in the end, their prayers and petitions were treated with Contempt.
Roused at the injustice and abuse offered to the innocent inhabitants, some of their friends from Connecticut, and others induced by their pitiable situation, joined the emigrants from the contested country, and returned; and after many severe encounters, established themselves, and in their turn drove the adherents of Pennsylvania therefrom, and proceeded to Settling on their farms and improvements, from which they had been dispossessed; and also extended their Settlements on new Townships where they had been prevented from Settling by reason of the war with Great Britain.
That in September 1786, the County of Luzerne, was established under the authority of the State of Pennsylvania and on the 28th day of March 1787, a legislative act was passed, confirming to the Connecticut Claimants all such lands in the County of Luzerne, as were Occupied or acquired by or assigned to such Claimants, who were actual Settlers in said County, prior to the decisions of Jurisdiction in December 1782. That this act being limited to the County of Luzerne, a number of Townships which had been laid out, and in Several actual Settlements made, prior to the said decree; but not being within the County of Luzerne, were not included. However, in Consequence of the said Confirming act, the laws of the State of Pennsylvania were put into full force and operation throughout the County of Luzerne. That by another act passed April 1st 1790, the aforesaid act confirming to the Connecticut claimants the lands by them claimed in the County of Luzerne, was repealed and all proceedings had under the said law were declared to be void and of none effect. That the said Confirming law has proved to be a fraud; that the Settlers are now left to contend for the title of their lands in Courts of law. That sundry suits of ejectment have been Commenced and are now depending in the Courts of the united States in the district of Pennsylvania, to be determined by a Jury of that State, whome your memorialits conceive to be more or less interested in the event; that they Cannot have that Justice done them, which they are intitled to, or might otherwise have, by a more Disinterested Jury.
Your memorialists beg leave further to represent, that by a law of the State of Pennsylvania aforesaid, passed April 11th 1795, all and every person or persons laying out, surveying, or settling on any lands under the title of Connecticut within the Jurisdiction of Pennsylvania, as decreed at Trenton in December 1782, are liable to be persecuted as criminals, and to be Subjected to heavy fines, imprisonment and hard labour by which act your memorialists in many instances are prohibited from Settling on lands which they have dearly bought, and esteem to be their Just and lawfull right; and are also debarred from prosecuting their claim and title, in that way pointed out by the Constitution and laws of the united States, where lands are claimed by Citizens of the same States under Grants from different States.
Your memorialists farther state, that it can now be proved beyond a Doubt, that the aforesaid papers and evidence relative to the title and Claim of Connecticut to the territory aforesaid, were actually in the hands of Pennsylvania agents, or others opposed to the Claim of Connecticut prior to the decision of the Jurisdiction as aforesaid; and that the same writings and evidence were Suppressed and kept from the agents of Connecticut, who had a right to the same. That if a fair and impartial trial could be had, your memorialists conceive that they might be secured in their Justly acquired lands, which will save many thousands from ruin and distress; and a large tract of land one hundred Miles in length, including the breadth of the State of Connecticut, lying west of the Susquehanna purchase, and east of the Connecticut reserves would of Course fall to the State of Connecticut.
Your memorialists therefore pray the honorable Assembly, to take the case aforesaid under your equitable Consideration; and pursue such measures as in your wisdom shall be deemed Just, to obtain a revision of the aforesaid trial between the States of Pennsylvania & Connecticut; or in some other way interpose in behalf of your memorialists, to Secure to them their Just and equitable rights. And they, as in duty bound, will ever pray, &c.
September 13th 1796
Inhabitants and actual settlers in the County of Luzerne.
[2] See no. 153, ante, note 4 [3] See ibid., note 5.
[4] Vol. VII, no. 134
| Clement Pain
Nathan Thayer Thomas Harris Stephen Jenkins James Rosecrant George Miller Joseph Earll George Griste John Bradner Abrahm frear John Stafford Junr Benjamin Earl Hezeciah Dray John Earll William Earll John Stafford David Stafford Bemsle Hunt Joesph Pearce Josephus Barber Solomon Avery Levy Rosecrant John Rosecrant Daniel Earll ashall Atherton Jeremiah osterhout Gideon Osterhout Petaliah Osterhout Cyrul Avery Thomas Wigton Eliphalet Stephens John Lowdy Noah Phelps William Stage William Atherton Eli Newman Mathew Sherwood Joseph Carney Justice Jones Israel Harding Obadiah Taylor Aaron Taylor George Arnold Ezra Wheelock Calvin Wheelock Amos Stafford Andrew Ames Samuel Hunt John Griste John Carney his Jacob X Millar mark John Briggs Furtules Goffe Belding Swetland William Shute Thomas Landon Bartholomy Williams Benjamin Abbot James Roberts Henry Allyn Justis Gaylord Ambrose Gaylord Uriah Parsons James Wheeler Eleazar Gaylord Simeon Rockwell Daniel Lum Thomas Wheeler Joshua Keeney James Sturdevant Jedidiah Coon Joseph Wheelock Jonathan Stevens Josiah Fassett Asa Stevens Simon Stevens Joel Downing John Whitcomb Solomon Whitcomb Job Whitcomb Nathan Mulford John Williams Isaac Osterhaut Thaddeus taylor Caleb Newman Jun James Decker Joseph Mapes John Harding John Evans Thomas Elles William Carney Zephaniah Loot David Lake Samuel Sturdevant Hiram Whitcomb David Young Jacob Patrick Philip Myers John Tuttle Benjamin shoemaker William Sille Aaron Perkins George Horton John Space Samuel Carver Joseph Tuttle Alexander Swartwoudt Abraham Shoemaker Andrew Bennet John Shomaker Lewis Molleson Fredric Shepard Justice Galt Zacharias hartsouf Joseph Mantonyer John Wort Eli Manvil Darius Williams John Joseph Peter Clark his Joseph X Lenehaupe mark |
Amanias Smith
John Montany [?] Levy Cantraman William Harris Charles Harris Absalam Roberts John Dorrance D Barney Martin Marke [?] [Sale?] Roberts Aaron Dean Josiah Ives Jr James Rice Joseph Ives Samuel Landon John N Woolby Christian G. Octmiry Benjamin Owen Benejah Fuller Daniel Spencer Joseph Lang Joshua Fuller Amos Baldwin Hallet Gallup Elias Albin Aaron Roberts Josiah Ives Seigr Israel Underwood Gideon Underwood Wm Hurlbut Oliver Bigelow Henry Tuttle Senior Elijah Shoemaker Samuel Breen John Hinds Jonas Smith John Smith Abial Foster Rufus foster Jehiel Franklin [ ?] Parker John Horton John Taylor John Kelley Benjamin Smith Benjn Allyne Ira Brown George Brown Isaac D. Tripp Martin Smith Daniel Hoyt Asa Boughton Wilmot Munson Oliver Pettibone Abel Peirce Wm Trucks Sherman Smith Benj Dorrance David Landon Nathn Landon Wm Gallup William Gallup Jr George Head Jur felix Powel John Raedswain Nathan Smith Stephen wilcox Elijah Head Jacob Gipson Basheson Strope Isaac Strope Eliphalet Clark Solomon halladay Solomon Franklin Benjaman Franklin Ebenezer Skinner John Scott Barnabas Cary John Scott jur Deodat Smith John Staples David Brown Samuel Miller Junr William Miller Jr Henry Salsbury Joseph Agee Fred [ ?] Benjamin Head Richard Griffin Joshua Wyeth Michael Crous Isaac Allen Silas Scovill Job Irish Jacob Granteer William Dougherty Daniel Willcoks John Blanding Levy [?] Dowel Nathaniel Edsall Uzal Carter Samuel Covel his David X Boynton mark Johan Scheindner [?] Samuel Lannord Christopher Covel William Trafton Nathaniel Hicock Zechr Price thomas fredd John Robards Elisha Hubard John Strope Thomas Bennet Robert Faulkner John Tuttle Corns Atherton Caleb Newman David Dimock William Knap Thos Smith Isaac Tripp Jur Davis Dimock John Davidson Elijah Sibliy John Benedict Wm Searle Rogers Searle Miner Searle William Searle Jur Thomas Jenkins David Smith David Smith Junr James Armstrong Enos Brown Timothy Green John rosecrance |
Paul Stark
Stephen Abbott Aaron Starke Charles Starke Joseph Sprague Willard Green Nathan Stark Giddeon Crandall Richard wesbrook Peter Corbit John jakson Daniel Foster Jacob Nyie Thomas Wordan James armstrong Peter Gould Silvanus Cary Samuel tomkins Samuel Cole Isaac Nefew Abner hisom Levi Swartwood gnadaius Swartwood Jesse tomkins William Hewit John Wordin Jesse Gardener Cumfort Shaw Eli Holcomb William Dobbins James Ward Samuel Miller John Hallsted James Brown Taylor Nathl Giddings Edwin Menock William Ross Thomas Wright jr John Faulkner Jr John Brown Henry Hutchins John Bury Waterman Baldwin David Perkins Joshua Griffin Isaac Cash [?] William Hazen William Hazen junr John Heermans Jeremiah Blanchard Jeremiah Blanchard Jnr Isaac miles Daniel Hewit Isaac Hewit Ishmael Bennet Jedediah Collins Henry Stark Danil Rosacranz Ephraim White Reuben Jones Thomas Reed James Westbrook Samuel Cary Wm Hutchings Coonrad Burgar Daniel Brown Solomon Chapin Increase Billings Mansley Billings Jno B Price Wm Johnson Saml Cummings Martin Stratton David Markham James McKain (5) James McKain Jur Andrew McKain Stephen Ballard Stephen Ballard Jr John Ballard Wd Rhoda Davis Wd Susanna McDole Jer. Bishop Wm Bullard Isaac Swain Jr Isaac Swain Jacob Swain 5) The signatures from James McKain through Jacob Swain seem all to be in the same handwriting. Ammi Swain
(6) The name of Henry Lawrence is written twice, the second time because the first attempt was too faint and ran into the preceding name. David Campbell
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Abraham parmetar
John Dobbins Joseph Ballard Ephraim Pratt Nathaniel Ballard Nathen Ballard Park [?] Dewit William Webber Ebenezer Kendall Charls Bartlet Jonathan Holcomb Hugh Holcomb Ozias Bingham Simerris Willcox Timothy Culver John Orr Augustus Bingham Isaac Rawson Orr Scovell Josiah Tuttle Adrial Simons Solomon Tracy Joshua Roath Joseph Logbery Jerry Parker Reuben fuller Ephraim Fellow [ ? ] Rogers Gideon Baker Nathan Barney Ebennez Roberts Benja Ramsey Nicholas Potter Jonah Roberts Ju Adolph Heath Noah Wadhams Josiah Rogers Binbee Rogers Joseph Reynolds Hezekiah Robarts Jur Samuel Ayres Richard Closson Hezekiah Robarts Jehiel Fuller Jacob Meaker George P. Ransom Ephraim McCoy Daniel Barney Jared Baldwin Jude Baldwin Juna Preston Amos Baldwin Rufus Lawrence Charles E. Gaylord Elnathan Jenings Lemuel Lawrance John Vancooter John Potter Rufus Lawrence Junior Enos Seaward Tarball Whitney Amos Seaward Lloyd Marshall David Ross Samuel Rutty Isreal Luce Ammi Swain Jr Henry Dutcher Isiah Grover Gideon Salsbury Eliphalet Justice John Fuller Jeremiah Shaw Ebenzer Shaw Samuel Gaylord Avery Gore Zephon [ ? ] Cornelius Naphew Jediah Shaw Moses Roberts Benedict Satterlee Ebenezer Lee Phineas Nash Charles Barney N. Wadhams Abram Nesbitt David Allen Amaziah Watson Daniel Ayres Daniel Allen James Nisbitt Palmer Shaw Ichabod Shaw Crooker Jones Calvin Wadhams Jeremiah Colman Jonah Rogers Benjamin Bidlack Moses Wadhams Stephen Roberts David Reynolds Elihu Rogers John Turner Moses Atherton William Ayres Ira Manvil Reuben Culver Obadiah Scott Jur Joseph Pottar Amos Franklin Moses Lawrance Caleb Hoit John Long Barna Sutliff Darius Callender Ammi Lawrence Elias Long Elijah Austin David Woodard Bille Harrison Aron Culver Ralph Austin Job Tripp Samuel King Dan Warner Nelly Fitchgerald }
Nathan Kingsley
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Stephen Bidlack
William Baker Abel Baker Thomas Baker Samuel Marvin Daniel Allen Matthis Van Loon Thomas Lamoreux Abraham Van Loon Nicholas Van Loon Evert Van Loon Peter Chambre Gad Seaward Isaac Hopkins Larius Harison Daniel Fuller Enos Seaward Jr Benamin Fuller Jonathan Stevens Abiel Fellows Obadiah Scott Obit fellows Stephen Harrison Nathaniel Goss Solon Prescott Thos Stevens Stephen Kingsbiry Elijah Goodwin John Dodson Jesse Scott Silas Fany Jonathan Hunlock John Fade Nathan Tubbs Stephen Arnold Gorg Fink Andrew Blanchard Sylvester McKay James Scovell William Houck Daniel Holley Joseph [ ? ] Thomas Lewis Reuben Wells Benjn Barney Daniel Satterlee Eldad Kellogg John Hutchinson Johnthon Miller Samuel McHose Ira Travice Nathan Bull John Murphy Oliver Mathewson Augustus Lomis Abner Murray Abraham Decker John Northrup Henry McKinay Absolom Travice John Sanford Joel Tirral Wright Lomis David Alexander Jeremiah Decker Elijah Rood Elias Satterlee Abel willard Phinj Snow [ ? ] Tozer John Swain Alpheus Travice Jonathan Conkling Bengeman acley Thos Oviett Joseph Oviett Jeremiah Lewis Joseph Elliott Thomas Coleman Wm Smith Benajah Bostwick Joseph Putton Philip Shewmaker John D Shewmaker Jonas Ingham John Bradsaw Samuel Baker James Lake Salmon Bradshaw Elisha Keeler Nathan Stevens James B Rockwell Aden Stevens Robert Carr Simon Spalding David Paine Noah Murray John Allyn Jos Biles Christopher Dutcher Ira Stephens Moses Calkin Jos Shepard Isaac Brownson Oliver Sisson Simon Parke Daniel Moore Archid Bowen Billa Franklin Dimon Bostwick Levi Thayer William Spalding Joseph Spalding John Spalding Jr Cristopher Shilooner Asa Winter Jacob Swaar Samuel headley James Headley Josiah Park Thomas Elles Howard Spalding Daniel Robarts Jonathan Buswell Josiah Marshal Robert McAllhof Solomon Beebe Josiah Kellogg Jonathan Harris Elisha Mathewson Timothy Seward Jesse Thorp Jonathn Wright David Bosworth Nathl Allen John thompson Josiah Pearce [?] Avery Curtrecht Joseph Gaines [?] Peter Garnert George Snell Thomas Snell William tharp Samuel Harris John Budd Joseph Hitchcok Arnold Colt Thos Park Manasseh Cady Richd Northrop |
In the House of Reps Octr. 29th 1796
The preceding memorial is referred to Messrs Porter, King,
and Alexander Wolcott; who are appointed to consider and report whether
any thing and what is proper to be granted thereon. (7)
Test W Dana Clerk.
(7) The House passed a bill for the appointment of agents to take steps for reopening the dispute which had been settled at Trenton. The upper house did not act; Conn. S.R., VIII, 430 n.
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