have some lands pretty high on Delaware [River], which I purchased about ten years ago, and which I presume may fall where your people claim. I purpose to visit them early in June next, and shall bring with me an excellent instrument now fitting up by Mr. Rittenhouse,* for taking latitudes; and, as there need be no secrets in these matters, our friend Colonel Dyer himself, or any of his people I may chance to meet, shall be made to understand the use of the instrument. * * You might run across from Delaware to Susquehanna in two days by means of it, keeping certainly within half a mile of the beginning of any particular degree or minute, all the way."

A few weeks later Dr. Smith wrote again to Dr. Johnson, as follows:

"I propose to be at Bethlehem 22d May, and the day after to be up Delaware as far as Van Camp's and Gonzale's Mill. If any of your people, that have a tolerable mathematical skill, should be either at Bethlehem or up Delaware at that time, I shall honestly shew them and give them the use of the instrument for a limited time, as Mr. Rittenhouse cannot make another at present for my purpose; nor can we easily, by written directions, teach the use of it-which, however, is exceedingly easy and fully to be depended on by a little practice.

* *

"Tho' you claim our lands, and threaten to take part of our country from us, yet, where the advancement of science is concerned, we have no War with you. I think all these exorbitant New England claims will at last unite all the rest of America against them, and hurt the general cause. Our prayer here is-Long may the mother country continue our umpire, to prevent our dipping our hands in each other's blood! No cool, disinterested man in Connecticut can ever dream that such a Charter and Constitution as yours will be suffered by the Crown to be extended beyond its old fixed limits. * * Why, then, risque your own Constitution and disturb us? I cannot help repeating it-If you want room, why not ask for land of the Crown, west of us? Except on the Susquehanna, about Wyoming, the country you want from us is exceedingly broken * a stony, broken, pine wilderness, with here and there some good intervale lands on the runs and rivulets."

*

*

In The Connecticut Courant of February 22, 1774, the following address to the public was printed :

"The transactions of the Susquehanna Company are become a matter very interesting in their consequences to this Colony. We have been repeatedly told the Colony should not be put to any expense on that account, and that they would by no means be meant to involve the Government in a controversy with Mr. Penn. At length it appears, notwithstanding their repeated assurances, that, by selling rights to some and giving to others, they have so increased their numbers that the General Assembly could not procure a vote of the House to exclude the members of The Susquehanna Company from sitting and voting in that very case in which they were immediately interested; by which means a vote has been obtained for the Government to take upon themselves the defence of our title to those lands, and have accordingly transmitted the state of the case, to gentlemen learned in the law in Great Britain, for the resolution of certain questions by them put; the answers to which queries, contained in less than twenty-five lines, has cost this Colony more than £100 sterling.

"Upon the receipt of said answers, commissioners have been sent to Philadelphia to treat with the Governor of that Province relative to those lands-the execution of which commission has, by the Assembly, been allowed at £171, 19s. 11d. Since which, that Honorable House, after long and mature deliberation, at the very close of the session-the greater part of the Assembly being returned to their homes (there being but sixty Members present)—formally incorporated the Susquehanna Purchase into a township by the name of WESTMORELAND. * We are told the greater part of the last session was spent on those matters relative to that purchase. The cost and expense of the adjourned Assembly, which we trust may be justly charged to the account current of The Susquehanna Company, I think may not be computed at a less sum than £600.

*

*

"To appease the present murmurs of the people, who dread the expense of a litigation with Mr. Penn (as they have the remembrance of the Mason case, which lasted about forty or fifty years, still fresh in their minds), they now throw out sugar-plums and tell us those lands will sell for immense sums-that our Treasury will be greatly enriched that the Colony never need pay any more taxes; by which weak minds may be deceived. * * * Wherefore, many of the Freemen of this Colony are very desirous that the Selectmen of the respective towns in this Colony would early warn legal town

DAVID RITTEnhouse (1732-1796), a native of Germantown, Pennsylvania, who, from about 1733 till 1770, resided at Norriton, Pennsylvania, and then removed to Philadelphia. In 1751 he built a workshop at Norriton and began to manufacture clocks and mathematical instruments. In 1767 he projected his famous orrery. He was appointed with the Rev. Dr. Smith and others to observe the transit of Venus in June, 1769. In 1774 he was appointed, with Samuel Holland, of New York, to determine the boundaryline between New York and Pennsylvania. He held during his life many public offices. He is credited with having introduced the use of spider lines in the focus of the transit instrument.

meetings, in order to elect one or two members in each town to meet at Middletown on the last Wednesday of March next, in order to consult on measures proper to be pursued to evade the evils which we apprehend will attend our present measures.

*

* * *

[Signed] "MANY."

Under the date of February 24, 1774, Governor Penn wrote from Philadelphia to Governor Trumbull-in reply to the latter's communication of January 31st (see page 791)-in part as follows:

"I have received your letter informing me of the proceedings of your Government with respect to the Colony's claim of lands within the Province of Pennsylvania, and particularly of your having erected a Town within certain Boundaries, and annexed it to your County of Litchfield. In my turn, I must acquaint you that the jurisdiction of this Province hath been extended over this Town by Acts of our Assembly, and a very great Part of it hath been granted to the inhabitants of this Province, and paid for long before your Colony ever determined to set up their claim. Some of the people who purchased have settled their lands, and the others have a right to settle them; so that, however your proceedings may be intended to preserve Peace and Good Will, and to prevent Hostilities, Animosities and Contentions, I fear they will have a contrary Effect. "In my opinion, a much more probable Method of promoting those valuable Ends would have been a forbearance to exercise Acts of Government in that part of the Province of Pennsylvania until your new Claim had been heard and adjudged to have any real foundation, by His Majesty in Council, before whom you say you are preparing to lay your case. I shall do everything in my power to avoid Contentions and Disorders among His Majesty's subjects. At the same time both my Duty and Interest will prompt me to assert the Rights of this Government and support its lawful Jurisdiction; and if any disagreeable consequences shall follow the Proceedings your Colony have adopted, I shall not look upon myself to be at all chargeable with them."

Four days later Governor Penn, by and with the advice of the Provincial Council, prepared a public proclamation which was duly published in the Pennsylvania Packet (Philadelphia) of March 7, 1774, and probably in other newspapers. It was also printed in the form of a broadside*, copies of which were widely distributed throughout the counties of Northampton and Northumberland. In this proclamation the Governor called attention to the various recent "resolves" of the Pennsylvania Assembly relative to the Connecticut-Pennsylvania imbroglio, and then set forth: "Whereas, I have received information that a certain Zebulon Butler, under pretence of authority from the Government of Connecticut, hath lately presumed to issue and disperse through the counties of Northampton and Northumberland a Summons, or Advertisement," reciting the Acts erecting the town of Westmoreland and appointing him (Butler) a Justice of the Peace, and requiring the inhabitants of the town to meet in Wyoming on a day mentioned; "Now I do strictly prohibit and forbid the inhabitants of the said counties to yield any obedience, or pay the least regard whatsoever, to the aforesaid Summons. * * And I do, in His Majesty's name, charge and command all persons whatsoever within the said counties to yield due submission and obedience to the laws of this Government." "This proclamation," says Chapman ("History of Wyoming," page 112), "appears to have been regarded with as little attention by the inhabitants of Wyoming as would have been a royal edict issued by the King of Spain."

Pursuant to the directions contained in the summons, or "warrant," issued by Zebulon Butler early in February, 1774, as authorized and directed by the General Assembly of Connecticut (see page 790), those settlers under The Susquehanna Company within the bounds of the newly-erected town of Westmoreland, who possessed the elective

* An original copy of this broadside is No. 137 of the "Penn Manuscripts," previously mentioned.

franchise,* assembled at Wilkes-Barré on Tuesday, March 1, 1774. The original minutes of that meeting read in part as follows:

"At a town meeting legally warned and held for Westmoreland, March ye 1st, 1774, for choosing town officers, &c., Zebulon Butler, Esq., was chosen Moderator for the work of the day. Maj. Ezekiel Peirce was chosen Town Clerk.

"Voted, That this meeting is adjourned until to-morrow morning at this place, at eight of the clock in ye forenoon.

"March ye 2d, 1774, this meeting is opened and held by adjournment.

"Voted, That ye town of Westmoreland be divided in the following manner into districts-that is to say, that ye town of Wilkesbarret be one entire district, and known as Wilkesbarre District; and that ye town of Hanover, and all the land south of Wilkesbarre and [bounded] west on the Susquehanna River and east on the Lehigh, be one district, by ye name of Hanover District. And that Plymouth, with all ye land west of Susquehanna River, south and west to the [Westmoreland] town line, be one district, by ye name of Plymouth District; and that Kingston, with ye land west to ye [Westmoreland] town line, be one district, by ye name of Kingston District; and that Pittston be one district, by ye name of Pittston District; and that Exeter, Providence, and all the

*At the period under consideration, as well as at an earlier period, the inhabitants of Connecticut who possessed the elective franchise were called freemen. Not all inhabitants were freemen, but all freemen were inhabitants. In 1774 the statute laws in force in Connecticut relative to inhabitants and freemen, and the election of town officers, were as follows: "Whereas, several persons of ungoverned conversation thrust themselves into the towns of this Colony, and by some under-hand way-as upon pretence of being hired servants, or of hiring lands or houses, or by purchasing the same endeavor to become inhabitants in such towns. And Whereas, persons are sometimes entertained and set to work by those who live in the skirts and obscure places of said towns, out of the view and observation of the officers of the town-whereby much inconvenience doth arise, such persons often proving vicious, and chargeable and burthensome to the place where they come-which to prevent, it is enacted:

That no person shall be received or admitted an inhabitant in any town in this Colony but such as are known to be of an honest conversation, and shall be accepted by the major part of the town; or by the Authority in, and Selectmen of, the town. That no stranger or transient person shall be allowed to reside and make his or her abode in any town in this Colony (apprentices under age and servants bought for time excepted) upon pretence of hiring or being hired, or of tenantship, or inmates, without the approbation of the Authority in, and the Selectmen of, such town.

"If any person or persons shall, contrary to the intent of this Act, entertain or hire any stranger or transient person, or let any house or land to such stranger or transient person-except he or they shall first give security, to the acceptance of the said Authority and Selectmen, that such town shall not be burthened and charged by him or them-he or they so entertaining or hiring or letting any house, &c., shall forfeit and pay to the Treasurer of the town ten shillings per week for every week he or they shall harbor, entertain, hire, etc.

"No transient person or inhabitant of any other Colony, who may come to reside in any town in this Colony, shall gain a legal settlement in such town by dwelling there, unless admitted by a major vote of the inhabitants of the town, or by the consent of the Civil Authority in, and the Selectmen of, said town; or unless said person shall be appointed to and execute some public office, or have been possessed in his own right, in fee, of real estate of the value of £100 in such town. * * *Any inhabitant of any town in the Colony may, for the better support of himself or family, have liberty to remove with his family into any other town in the Colony, and continue there without being liable to be removed, provided such person procure a certificate in writing, under the hands of the Civil Authority in, and the Selectmen of, the town from whence he removes, that he is a legal inhabitant in that town."

The law required that the Town Clerks should enroll the names of all freemen in their respective towns. "No person," declared the law, "shall be admitted freeman but in the open freeman's meeting of the town whereto he belongs, regularly assembled. All such inhabitants of this Colony as have reached the age of twenty-one years, and have the possession of freehold estate to the value of forty shillings per annum, or £40 personal estate in the General List of Estates in that year wherein they desire to be admitted freemen; and also are persons of a quiet and peaceable behavior, and civil conversation, may, if they desire it-on their procuring the Selectmen of the town wherein such persons inhabit, or the major part of them, to certify that the said persons are qualified as abovesaid-be admitted and made free of this Corporation, in case they take the oath provided by law for freemen. If any freeman of this Corporation shall walk scandalously, or commit any scandalous offence, it shall be in the power of the Superior Court * to disfranchise such freeman, who shall stand disfranchised till,

by his good behavior, the said Court shall see cause to restore him to his franchisement." From 1769 till 1776 the oath of a freeman was in the following form: "You, being by the Providence of God an inhabitant within this His Majesty's Colony of Connecticut, and now to be made free of the same, do swear by the ever-living God that you will be true and faithful to His Majesty King George III, and to his lawful successors; and to the Government of His Majesty's said Colony, as established by Charter. And whensoever you shall give your vote or suffrage touching any matter which concerns this Colony-being called thereunto-you will give it as in your conscience you shall judge may conduce to the best good of the same, without respect of persons or favor of any man. So help you God!" (In May, 1776, the foregoing form was changed by the elimination of all words relating to the King and his Government.) Having taken the oath the name of the newly-admitted freeman was duly enrolled in the list of freemen.

*

*

At the period written of the law of Connecticut relative to the election of town officers was as follows; "The settled and approved inhabitants of every town, qualified, and having estate as provided, shall have power to make such orders, rules and constitutions as may concern the welfare of their town. * The settled and approved inhabitants shall, some time in December, annually, meet upon notice given by the Selectmen, and shall choose a convenient number (not exceeding seven) of their inhabitants-able, discreet, and of good conversation-to be Select- or Towns-men, to take care of and order the prudential affairs of their town; also, one Town Clerk, Town Treasurer, Constables, Surveyors of Highways, Fence Viewers, Listers (not exceeding nine), Collectors of Rates, Leather Sealers, Grand Jurors, Tything-men, Haywards, Chimney Viewers, Gaugers, Packers, Branders of Horses, Sealers of Weights and Measures, Key Keepers, and other ordinary town officers." The officers as abovementioned having been duly chosen, the Selectmen were required to "forthwith see that those officers, of whom an oath " was by law required, should be summoned and sworn. Any person chosen to fill an office, and refusing to take the oath and serve (provided he were "able in person to serve "), was required to pay the sum of twenty-six shillings to the Town Treasurer. Any person not duly qualified, who should presume to vote, act, deal, or intermeddle," contrary to the laws governing the election of officers, &c., was, upon conviction, required to pay fifteen shillings for each offense.

† Wilkes-Barré Township, as described on pages 516, 517 and 656.

lands west and north to ye [Westmoreland] town line, be one district, by ye name of North District; and that Lackaway settlement, and Blooming Grove, and Shohola be one district, to be called by ye name of Lackaway District; and that Cushetunk, and all ye settlements on Delaware [River], be one district, and joined to ye other districts and known by ye name of East District."

64

Christopher Avery, Nathaniel Landon, Samuel Ransom, Isaac Tripp, Esq., Caleb Bates, Lazarus Stewart and Silas Park were chosen Selectmen for ye year ensuing. Isaac Tripp, Esq., refused to accept; John Jenkins was chosen Selectman in ye room of Esq. Tripp. Captain Stewart refused to accept; Roasel Franklin was chosen Selectman in ye room of Captain Stewart.

"Zebulon Butler, Esq., was chosen Town Treasurer.

"Asa Stevens, Timothy Smith, Jonathan Haskell, Asaph Whittlesey, Noah Adams, Phineas Clark and William Smith were chosen Constables and Collectors of Rates.

"Anderson Dana, Daniel Gore, Elisha Swift, Thomas Stoddart, Thomas Bennet, Peren Ross, Rufus Lawrence, Samuel Ransom, Jonathan Parker, Isaac Baldwin, Zavan Tracy, Elijah Witter, John Ainsley, William Hibbard, James Lasley, John De Witt, John Jenkins, Jr., Aaron Thomas, Anthony Chimer, Abraham Russ, Benjamin Van Campen and Benjamin Harvey were chosen Surveyors of Highways.

"John Abbott, William Warner, Ezekiel Peirce, William Buck, Nathan Denison, Esq., Thomas Stoddart, Frederick Eveland, John Baker, Charles Gaylord, Samuel Slaughter, Abraham Harding, Capt. Zebulon Parrish, John Jameson and John Gardner were chosen Fence Viewers for ye year ensuing.

"Anderson Dana, Daniel Gore, Elisha Swift, Eliphalet Follett, Peren Ross, Nathan Wade, Jeremiah Blanchard, Zavan Tracy, Uriah Chapman, Gideon Baldwin, Silas Gore, Moses Thomas, Emanuel Consawler, John Jenkins and Phineas Clark were chosen Listers for ye year ensuing.

"Elisha Swift, Ebenezer Heberd and Capt. Silas Park were chosen Leather Sealers for ye year ensuing.

"Jabez Sill, James Stark, William Buck, Elias Church, Phineas Nash, Thomas Heath, Barnabas Carey, Lemuel Harding, Hezekiah Bingham, John Franklin and Timothy Keyes were chosen Grand Jurors for ye year ensuing.

"Philip Weeks, Elihu Williams, Luke Swetland, Justus Gaylord, James Brown, Isaac Parrish and Timothy Hopkins were chosen Tything-men.

"Jabez Sill, Capt. Obadiah Gore, Capt. Silas Park and Capt. Lazarus Stewart were chosen Sealers of Weights and Measures.

"Daniel Gore, Jabez Fish, Timothy Peirce, Uriah Stevens, Thomas Heath, Jeremiah Blanchard, Jonathan Haskell and Cyprian Hibbard were chosen Key Keepers."

The following is a copy of a letter written from "Wilkesbarre (Westmoreland), March 3d, 1774," to the printer of The New London Gazette, and published in that paper:

"On Tuesday the 1st instant was a general meeting of the Town of Westmoreland, at which was a considerable concourse of people for the season. The meeting being opened with prayer, and a word suited to the occasion, Zebulon Butler, Esq., was unanimously chosen Moderator, Maj. Ezekiel Peirce, Town Clerk. The town being divided into proper Districts, was filled up with town officers, according as the law directs. The whole was conducted in good order, and with great dispatch. The Proclamation of Governor Trumbull being read at the meeting, was gratefully acknowledged with the acclamation of three huzzas, &c.

"Every thing at present looks smiling upon us. The River is now broke up; boats, battoes, &c., passing and repassing. The thick covering of snow, which has been about three feet deep, is going off the ground apace. The weather very mild and moderate for the season. Though several have been sick (with fevers and pleurisies), only one, a child, has died-with the Rattles. Though the Winter has been remarkably severe for the country (which is commonly moderate even in the Winter), and though much corn and hay had been spent here by the inhabitants, and by many that have visited us, yet have I heard of no Indian corn being sold for more than 2s. per bushel, and some under-and even the best of corn. There has been ten couples married here-three last Summer, seven this Winter-and sundry others read off for Marriage. The country fills up fast; not only from divers places crowding in here, but also by increasing among ourselves."

Miner, referring to the erection of the town of Westmoreland, says ("History of Wyoming," page 153): "This most desirable event was hailed by the people with unbounded satisfaction. Venerating the law, they now felt that it pervaded the settlement with a holier sanction than their own mere agreement, or the resolutions of The Susquehanna Company, could impart. To all intents and purposes-in name

* See page 786.

as well as in fact-a portion of the ancient, high-standing Colony of Connecticut, eminent for order, learning and piety, the character of the parent was now felt to be officially imparted to this, her true, though distant, offspring. Moreover, the distinct legalization of what had before been done, and the pledge of protection for the future, implied in the extension of her laws to the settlement, were regarded as points attained of great importance. A sense of security existed; a feeling of confidence ensued, which gave force to contracts, encouraged industry and stimulated enterprise.'

Stone (in his "History of Wyoming", page 184) says: "The laws of Connecticut were extended over the settlements; representatives from Westmoreland were admitted to sit in the General Assembly, and all necessary regulations for the due administration of the local affairs of the settlements were made. But Governor Penn and his Council beheld these movements with high displeasure."