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CHAPTER II

SETTLING OF THE COUNTY

CONRAD WEISER-THE SCOTCH-IRISH-THE GERMANS-ESTABLISHING HOMES-DIFFERENT CUSTOMS THE PURCHASE LINE-THE HOLLAND LANDS-THE DONATION LANDS—THE DEPRECIATION LANDS THE FIRST SETTLERS-BUILDING OPERATIONS-COSTUMES-SPORTS AND GAMES -NEIGH BORLINESS-A STRANGE MARRIAGE CONTRACT

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Weary, travel-worn and haggard, a little party of whites and Indians emerged from the deep forests of old Westmoreland county upon the banks of the sparkling Allegheny river and at once proceeded to make camp. Not a sound broke the silence of the wilderness, save the songs of the birds and the sighing of the wind, accompanied in an undertone by the rippling of the clear waters in the shallows of the stream. No factories obscured the clear sky, the whistle of the locomotive was not heard and the scene was truly primitive and peaceful. From the then undefiled waters they soon drew bounteous supply of fish, fires were lit, a feast prepared and as night fell the little band sank into repose, refreshed and prepared for the taking up of the trail on the

morrow.

This party was led by an Evangelical Lutheran missionary, Conrad Weiser, whose mission to the Indian tribes has been written of in many volumes of early history. He was the advance guard of the flood of settlers who soon thereafter invaded the country now included in the bounds of Armstrong county.

The writings of Weiser had great effect in inducing other Germans to enter the country, and settlers of that nationality have always been in the majority in this section of the State. They have left such an impress upon the population that this county is considered the center of the "Dutch" portion of Pennsylvania.

However, although a German was the first to view the land, the Scotch-Irish were the first of the real settlers, the Germans following closely upon them. Previous to 1796 the Indian wars, the danger from savage raids, the uncertainty of land titles, and the frequent and costly litigation growing out of unwise land laws, retarded the settlement of the county and caused many to pass on to Ohio and other territory west of there, where the chances were

more evenly divided. Many who settled here were later compelled to abandon their homes owing to the harassment of other claimants to the lands. Of the different kinds of land grants in this county details will be found at the end of this chapter. There were the "Holland" lands, the "Depreciation" lands, and the "Donation" lands, all with their many complex and baffling rules of entry or sale.

THE SCOTCH-IRISH

The Scotch-Irish settlers came mostly from Westmoreland county, while the Germans were from Lehigh and Northampton counties. There was a great difference between the customs of the two classes of pioneers and their methods of taming the wilderness were somewhat different. The Scotch-Irish were great hunters and trappers, delighting in the chase and conforming greatly to the methods of the Indians. Upon them devolved most of the wars of defense and reprisal, although when aroused in defense of their homes, the Germans were tireless and courageous adversaries. Among those who served in the various expeditions against the savages the German names were as frequently found as those of other nationalities. Each of the two branches of the white race were fitted to fulfil their destinies in conquering the wilderness and building the foundations of the present glorious heritage left by them to their descendants.

When these settlers reached their destination they at once erected temporary "shacks" to shield their loved ones until the more permanent log homes were built. When it is remembered that the woodsman's axe was the only tool at first used the crudeness of these habitations will be more fully appreciated and their constructors given the credit due them for the arduous toil necessary in their construction.

THE GERMANS

The habitations of the settlers were all similar in design, but the Germans usually added more comforts to the interior. Most of them had brought their featherbeds with them over the mountains, and they soon adapted the customs of the Fatherland to their primitive surroundings. As soon as the family of the "Dutchman" was properly housed he made provision for his stock. One writer says that the "Dutchman's barn was generally the best building on his farm." For many years he would endure all the discomforts of a small log house and build a spacious barn for the stock. He always kept this barn filled with hay, and all of the domestic animals, even the swine, were housed for the winter.

All of the settlers were hard workers, but the Germans particularly so. The Scotch-Irish simply deadened the trees and allowed them to rot away, but the Germans cut them down, utilized every part and finally grubbed out the stumps before planting a crop. Thus they saved their plow points. The women all worked at their household tasks, but the German "hausfrau" generally assisted in the more laborious work of the farm as well. They were possessed of wonderful capacity for labor and were truly helpmates to their husbands. The cultivated portion of the farm of the Germans was not as large as that of their Irish neighbors, but it was more intensively cultivated. As a result their descendants are the most prosperous of the inhabitants of this portion of the State. Theodore Roosevelt, in his "Winning of the West," says that of twelve families of each nationality, nine Germans, seven Scotch and four Irish prospered, while the others failed. Their frugality was another source of wealth. They never wasted anything. While the Irish lived on "hog and hominy" the Germans had sauerkraut und speck, schnitz und knopf, grumbire supp und nudels, roggenbrod und schmierkaese, and none of them ever thought of starving.

As a general rule the two nationalities remained separate in customs and living, but in a few instances there were intermarriages between them, some of our most noted citizens of later days being descendants of such unions of the Irish and Germans.

THE PURCHASE LINE

The treaty of 1768 between the Six Nations and the English established the famous "Purchase Line," mention of which will frequently

be found in this history, so a description of the boundaries of this purchase will be of interest.

No. XLI of London Documents, published soon after the making of the treaty of 1768, contains the entire deed then executed, establishing the boundary or purchase line. Various good and prudential reasons and considerations are given in the preamble or recitals why such a line should be established. The grantors in that deed were the Sachems and Chiefs of the Six Confederate Nations, and of the Shawaneese, Delawares, Mingoes of Ohio, and other dependent tribes. The grant, consideration and boundaries are in these words:

"Now, therefore, know ye, that we, the Sachems and Chiefs aforementioned, native Indians or proprietors of the lands hereinafter described, for and in behalf of ourselves and the whole of our confederacy, for the considerations hereinbefore mentioned, and also for and in consideration of a valuable present of the several articles in use amongst Indians which, together with a large sum of money, amount in the whole to the sum of ten thousand four hundred and sixty pounds seven shillings and threepence sterling, to us now delivered and paid by Sir William Johnston, Baronet, His Majesty's sole agent and superintendent of Indian affairs for the northern department of America, in the name and on behalf of our sovereign Lord George the Third, by the grace of God," etc., "the receipt whereof we do hereby acknowledge:

"We, the said Indians, have, for us and our heirs and successors, granted, bargained, sold, released and confirmed, and by these presents do grant, bargain, sell, release, and confirm unto our said sovereign Lord King George the Third all that tract of land situate in North America, at the back of the British settlements, bounded by a line which we have now agreed upon and do hereby establish as the boundary between us and the British colonies. in America, beginning at the mouth of Cherokee or Hogohege (Tennessee) river, where it empties into the river Ohio, and running from thence upward along the south side of said river to Kittanning, which is above Fort Pitt, from thence by a direct line to the nearest fork of the west branch of the Susquehanna, thence through the Allegany mountains along the south side of the said west branch until it comes opposite to the mouth of a creek called Tiadaghton (Pine creek), thence across the west branch along the south side of that creek and along the north side of Burnett's Hills to

a creek called Awandae, thence down the same to the east branch of Susquehanna and across the same and up the east side of that river to Oswegy (Owego), from thence to Delaware river and up that river to opposite where Tianaderha falls into Susquehanna, thence to Tianaderha and up the west side of the west branch to the head thereof, and thence by a direct line to Canada creek, where it empties into the Wood creek at the west of the carrying-place beyond Fort Stanwix, and extending eastward from every part of the said line as far as the lands formerly purchased, so as to comprehend the whole of the lands between the said line and the purchased lands or settlements, except what is in the Province of Pennsylvania, together with all the hereditaments and appurtenances to the same belonging," etc.

This document was sealed and delivered, and the consideration paid in the presence of William Franklin, Governor of New Jersey; Frederick Smith, Chief Justice of New Jersey; Thomas Walker, Commissioner of Virginia; Richard Peters and James Tilghman, of the Council of Pennsylvania. It was executed at Fort Stanwix Nov. 5, 1768, in the presence of Sir William Johnston by Tyorhansere, alias Abraham, for the Mohawks, Canaghaguieson for the Oneidas, Seguareesera for the Tuscaroras, Otsinoghiyata, alias Brant, for the Onondagas, Tegarria for the Cayugas, Guastrax for the Senecas.

DIVISION AND SALE OF LANDS

The lands comprising the bulk of Armstrong county were held at different periods by various companies and persons, chief among them being the Holland Land Company. Besides this, many methods of sale were adopted by the State under various acts, thus causing a vast amount of litigation between the rival claimants, and placing their titles in jeopardy until settled by the courts. The principal classes of lands were those of the Holland Company, the "donation" and the "depreciation" lands, of which a description is hereby given, in order to show the legal difficulties which beset our forefathers in their attempts to create homes in this county.

THE HOLLAND LAND COMPANY

was organized at the city of Amsterdam, in the Kingdom of Holland, in the latter part of the eighteenth century. Its original members were Wilhelm Willink, Nicholas Van Stap

horst, Pieter Stadnitski, Christian Van Eghen, Hendrik Vollenhoven and Rutgert Jan Schimmelpenninck, of that city; at least those are the names mentioned in a prevention patent for a tract called "Normandy," dated Oct. 7, 1799.

The original members, it is said, had loaned large amounts of money, either directly to the United States, or indirectly to Robert Morris, to aid in achieving American independence. As they preferred to invest the amount which they received, after the close of the Revolutionary war, in this country, they purchased from Morris, in 1792, an immense quantity of land west of the Genesee river, in the State of New York, on which they, as one of their agents stated, lost $3,000,000. They acquired, about the same time, inchoate titles to numerous tracts of land in Pennsylvania, on both sides of the Allegheny river, in the territory included in the purchases from the Six Nations, at Fort Stanwix, Oct. 23, 1784, and from the Delawares and Wyandots at Ft. McIntosh, at the mouth of Beaver river, in January, 1785.

The boundaries of these purchases began "at the south side of the Ohio river, where the western boundary of the State of Pennsylvania crosses the said river, near Shingho's old town, at the mouth of Beaver creek, and thence by a due north line to the end of the fortysecond and the beginning of the forty-third degrees of north latitude, thence by a due east line, separating the forty-second and fortythird degrees of north latitude, to the east side of the east branch of the river Susquehanna, and thence by the bounds of the purchase line of 1768 to the place of beginning,' which included all the northwestern part of this State, except the triangle bordering on Lake Erie, which, having been purchased from the Indians by the United States, Jan. 9, 1789, by the treaty at Fort Harmon, for £1,200, was conveyed by the latter to Pennsylvania, March 3, 1792, for $150,640.25. "The Holland Company," said Judge Yeates, in summing up a case in 1800, "have paid to the State the consideration money of 1,162 warrants, and the surveying fees on 1,048 tracts of land, besides making very considerable expenditures by their exertions, honorable to themselves and useful to the community, in order to effect settlements. Computing the sums advanced, the lost tracts, by prior improvements and interferences, and the quantity of 100 acres granted to each individual for making a settlement on their lands, west of the Allegheny river, it is said, that, averaging the whole, between $230 and $240 have been ex

pended by the company on each tract of land they now claim."

The Holland Company soon after its organization appointed Paul Burti, an Italian gentleman, of Bloekley's Retreat, Philadelphia, and Harm Jan Huidekoper, a Holland gentleman, of Meadville, their agents and attorneys in fact, the latter being designated in one of the former's letters of attorney to David Lawson as "the general superintending agent." They not only sold lands belonging to the company, but in some instances acquired and held in themselves the legal title to some of the latter's tracts, and as grantors conveyed tracts and parcels of tracts to purchasers. Patents for various tracts were granted to them in trust for the company.

Several of the company's tracts in this county were sold for taxes. Thomas Hamilton, county treasurer, sold one of them to the county commissioners, Oct. 10, 1818; Samuel Matthews, county treasurer, one, Oct. 25, 1820, and eleven others, Oct. 1, 1822, which the commissioners conveyed to Vanderkemp, March 24th, and he to Willink & Co., Nov. 7, 1826.

The act of March 31, 1823, authorized the company to sell their lands and their vendees to purchase them, though they or any of them were aliens, notwithstanding any previous law to the contrary.

In 1849 the surviving members of the company were Waldgrave Van Henkelom, Wilhelm Willink, Jr., and Gerret Schimmelpenninck, Rutgert Jan's son. On April 26th they, by their attorney-in-fact, John Jacob Vanderkemp, whom the company had appointed as such and as the successor to Paul Burti, deceased, Sept. 5, 1824, conveyed all their lands, tracts, pieces and parcels of land, tenements and hereditaments that had not been previously conveyed, including all outstanding contracts for the sale and purchase of their lands in Armstrong, Indiana and Jefferson counties, to Alexander Colwell, Dr. John Gilpin, Horatio N. Lee, of the borough of Kittanning, Alexander Reynolds and David Richey, then of Madison township, in this county, embracing 23,083 acres and 45 perches of unsold land, and about 55,000 acres subject to executory contracts, for $50,000. Reynolds entered into a conditional agreement with his copurchasers, Aug. 11, 1835, to purchase their several interests in about twenty-one thousand acres of these lands for $26,130. By divers transfers that agreement was consummated, and these interests became vested in him and P. Jenks Smith, of Philad phia. All the lands

which were included in the purchase from the Holland Company were sold at such an advance that the last purchasers realized handsomely from their ventures. Some of those lands have since become so valuable that they cannot now be purchased for a hundred times the price for which Reynolds and his copurchasers bought them.

The actual legal interpretation of the ninth clause of the act of April 3, 1792, which required that the settler should "before the date of his warrant, make or cause to be made an actual settlement thereon by clearing, fencing and cultivating at least two acres for every 100 acres contained in one survey, erecting thereon a 'messuage' for the habitation of man, and residing or causing a family to reside thereon for the space of five years next following his or her first settling of the same," brought about a long-drawn-out series of suits in which settlers and the Holland Land Company were involved.

It was under that act that the Holland Company took out many of their warrants. They, like others, could not make the settlements required by the strict letter of that act, within two years from the dates of their warrants, on account of the Indian hostilities.

The controversy as to title between the land company and the settlers was finally decided by the Supreme Court of the United States in favor of the Hollanders.

THE DONATION LANDS

The act of the Legislature of March, 1783, donated to all officers and soldiers of the Revolutionary war, free of taxation, various tracts of land, to be laid off into districts, and apportioned according to a plan, with reference to the standing of the applicant. These lands were called the "donation lands."

The surveyor general and each of his deputies were required to be sworn or affirmed that in laying off those lots he would not select the best land, either as to quality or situation, to favor anyone of those four classes of lots to the prejudice or injury of the others, or of this State, and in running the boundary lines of the lots, each surveyor should cause them to be well defined, by marking the trees on the lines, at small distances, and particularly the angles, and on the northwestern corner tree of each lot should be marked, in roman figures, the number of the lot, but if there should be a post at any such corner, on the tree in the lot nearest to the post. When all the lots had been laid off, a draft of them

should be made, which should be deposited in rolls in the office after all the applications were satisfied. The supreme executive council was required to cause numbers, corresponding to each of the four classes, to be made on square pieces of white paper of uniform size, or as nearly so as might be, and in their presence to roll and bind well those numbers separately and carefully, with silken thread, as uniformly as possible, and deposit them in four wheels, "like unto lottery wheels," which, before any applicant should be permitted to draw therefrom, should be repeatedly "well turned round."

Those wheels were to be safely kept and remain sealed, except when drawn from, under the direction of a committee of three members of the supreme executive council, who were to judge and determine on the right of each applicant to receive grants of land, with the right of appeal in all cases of doubt and difficulty to the supreme executive council, whose decision thereon was final and conclusive. The successful applicants were entitled to draw thus: A major-general, four tickets from the wheel containing the numbers on the 500-acre lots; a brigadier-general, three tickets; a colonel, two tickets; a lieutenant-colonel, one from that wheel and one from the wheel containing the numbers on the 250acre lots; a surgeon, chaplain or major, each two tickets from the wheel containing the numbers on the 300-acre lots; a captain, one ticket from the wheel containing the numbers on the 500-acre lots; a lieutenant, two tickets from the wheel containing the numbers on the 200-acre lots; an ensign, or regimental surgeon's mate, respectively, one ticket from the wheel containing the numbers on the 300-acre lots; a sergeant, sergeant-major or quarter-mastersergeant, respectively, one ticket from the wheel containing the numbers on the 250-acre lots; a drum-major, fife-major, drummer, fifer, corporal or private, respectively, one ticket from the wheel containing the numbers on the 200-acre lots.

Before the boundary line between Pennsylvania and New York was definitely established, some of the donation lots were laid off on territory of the latter State. It was provided by acts of April 5, 1793, and Feb. 23, 1801, that those who had drawn lots in that territory should be allowed, under prescribed regulations, to draw others in lieu of them from the undrawn ones in any of the donation districts within this State. After April 1, 1810, the undrawn donation lots reverted to the commonwealth, which were to be disposed of in

such manner as the Legislature should thereafter by law direct.

By the act of April 9, 1828, the secretary of the land office was authorized to extend the provisions of the act to encourage the warranting and patenting of lands north and west of the Ohio and Allegheny rivers and Conewango creek, passed March 1, 1811, to the settlers or owners of the undrawn donation. lands.

THE DEPRECIATION LANDS

The major part-about three fourths-of that part of this county on the north and western side of the Allegheny river consisted of depreciation lands, a large tract appropriated by the act of Assembly of March 12, 1783, for the redemption of depreciation certificates. Its boundaries, as specified in that act, were: Beginning where the western boundary of the State crosses the Ohio river, thence up that river to Fort Pitt, thence up the Allegheny river to the mouth of Mogulbuchtilon (Mahoning) creek, thence by a west line to the western boundary of the State, thence along it south to the beginning, of which three thousand acres opposite Fort Pitt and an equal quantity on both sides of Beaver creek, including Fort McIntosh, were served for the use of the State. The surveyor district assigned to Joshua Elder consisted of the territory between the Allegheny river and a line extending due north from or near the mouth of Bull creek to the northern boundary of the depreciation tract, a portion of which, under a previous allotment of surveyor districts, had been embraced in Stephen Gapen's district.

The bills of credit issued both by Congress and by this Commonwealth depreciated between 1777 and 1781 from one to nearly one hundred per cent. The difference of opinion as to the degree of depreciation and the consequent cash value of those bills of credit, the chief portion of the money then in circulation, caused much confusion in the settlement of accounts between both individuals and public officers. The act of Assembly of Dec. 18, 1780, provided that the hereinafter mentioned certificates of depreciation, given to the officers and soldiers of the Pennsylvania line. in the army of the United States in payment for their services, should be receivable at the land office of this State, equal to gold and silver, in payment of, if they should wish to purchase, unlocated lands, and the act of April 3, 1781, adjusted the scale of the depreciation

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