Daily stories of Pennsylvania

by Frederic Antes Godcharles

This early settlement is made clear by the reference to Smith’s Laws, where is the following:

“There existed a great number of locations on the 3d of April, 1769, for the choicest lands on the West Branch of Susquehanna, between the mouths of Lycoming and Pine Creeks; but the Proprietaries from extreme caution, the result of that experience which had also produced the very penal laws of 1768 and 1769, and the proclamation already stated, had prohibited any surveys being made beyond the Lycoming. In the meantime, in violation of all laws, a set of hardy adventurers had from time to time seated themselves on this doubtful territory. They made improvements, and formed a very considerable population.

“It is true, so far as regarded the rights to real property, they were not under the protection of the laws of the country, and were we to adopt the visionary theories of some philosophers, who have drawn their arguments from a supposed state of nature, we might be led to believe that the state of these people would have been a state of continual warfare; and that in contests for property the weakest must give way to the strongest.

“To prevent the consequences, real or supposed, of this state of things, they formed a mutual compact among themselves. They annually elected a tribunal, in rotation, of three of their settlers, whom they called fair-play men, who were to decide all controversies, and settle disputed boundaries. From their decision there was no appeal. There could be no resistance. The decree was enforced by the whole body, who started up in mass, at the mandate of the court, and execution and eviction were as sudden and irresistible as the judgment. Every new comer was obliged to apply to this powerful tribunal, and upon his solemn engagement to submit in all respects to the law of the land he was permitted to take possession of some vacant spot. Their decrees were, however, just; and when their settlements were recognized by law, and fair play had ceased, their decisions were received in evidence, and confirmed by judgment of courts.”

In those early days, as later, the white man was pushing the Indian back, in spite of the proclamation of Governor Penn, which warned all persons not to settle on lands not purchased of the Indians and unsurveyed, and advised those that had settled to make haste and leave. But they did not vacate, and in the enforcement of their “fair-play” code, it became necessary to adopt rigid measures. Any person resisting the decrees was placed in a canoe, rowed to the mouth of Lycoming Creek, and there sent adrift. Subsequently a law was passed, allowing the settlers from Lycoming and Pine Creeks a preemption right to not over three hundred acres of land each, upon satisfactory proof being presented that they were actual settlers previous to 1780.

For seven years after the purchase of 1768, the pioneers swung the axe, felled the giant trees, builded their cabins, and tilled their fields unmolested; but just when they began to enjoy the comforts of their cabin homes, and reap the rewards of their industry, the cry of the Revolution was heard, and the hardy backwoodsmen trained to the vicissitudes of war during the frontier campaigns of 1755 to 1763, with true patriotism, seized their rifles and went forth to battle for liberty, leaving their families scantily provided for and exposed to the raids of the Indians.

All along the West Branch, wherever there was a white settlement, stockade forts were built, garrisoned by settlers or Provincial troops.

At the treaty of October 23, 1784, the Pennsylvania Commissioners were specially instructed to inquire of the Indians which stream was really Tiadaghton, and, also the Indian name of Burnetts’ Hills, left blank in deed of 1768. The Indians informed them Tiadaghton was what the whites call Pine Creek, being the largest stream flowing into the Otzinachson, or West Branch. They did not know the name of the hills. The authorities apprehended difficulty in settling disputes among the actual settlers.

The Commissioners at this treaty secured title from the Indians for the residue of the lands within the limits of Pennsylvania. This purchase was confirmed by the Wyandotte and Delaware nations at Fort McIntosh, January 21, 1785.

Thus in a period of 102 years was the whole right of the Indians to the soil of Pennsylvania extinguished.