authorised to exercise legislative, executive and judicial powers for the order and good government of the settlement; but there was an appeal reserved from this tribunal to a general meeting of the whole company, which, as in the system of Lycurgus, possessed the only real sovreign authority. The Proprietaries of Pennsylvania having effected a purchase of the Wyoming lands, and being informed of the intentions of the Susquehanna company to resume their settlements, took immediate measures to get possession of the territory, in order to defeat the intentions of the company. For this purpose a lease was drawn by John Penn on the part of the Proprietaries to Charles Stewart, Amos Ogden and John Jennings, for one hundred acres of land at Wyoming for the term of seven years. They were to establish a house there for the purpose of trading with the Indians, and were to defend themselves and those who might go on under them, as well as their possessions, against all enemies whatsoever.* Stewart was a surveyor, and in compliance with the directions of the Proprietaries he surveyed and laid out the Valley into two exten sive manors for their use: one on the East side of the river extending from Nanticoke Falls to Manokony Island, and from the river nearly to the foot of the mountain including the old Wyoming Town, was called the "Manor of Stoke ;" and the other on the West side nearly of the same extent was called the "Manor of Sunbury."

*See lease on file in Secretary's office.

These

Lessees with several other adventurers removed to Wyoming in January 1769, and took possession of the improvements made by the Connecticut people from which they had been driven by the Indians in 1763. On the 8th. of February 1769, the forty persons selected by the Susquehanna company arrived at Wyoming, and found Stewart and Ogden with their party in possession of their former improvements and well secured in a fortified block house at the mouth of Mill creek. They accord

ingly took possession of another piece of ground and built temporary huts for their protection during the remainder of the winter. Having soon afterwards ascertained that the Ogden party claimed the land under grants from the Proprietaries of Pennsylvania, and that their garrison was small, they adopted such measures as cut off the communication between the block-house and the surrounding country, and entirely invested the Pennsylvania garrison. Ogden and Stewart having been apprized of the approach of the Connecticut party by express from Mr. Vancampen on the Delaware, despatched a messenger on the 6th. to Gov. Penn with the intelligence, informing him that their garrison consisted of only ten persons at that time, and that reinforcements with provisions would be immediately necessary. Having waited several days with a hope of recieving reinforcements, and finding that hope likely to fail, Ogden had recourse to stratagem to effect what he had not power to execute by force. He accordingly, after exhibiting his little garrison to the best advantage, addressed a note to

the Connecticut settlers inviting some of their principal men to his house under pretext of effecting an amicable negociation concerning their respective titles. The invitation was accepted, and Isaac Tripp, Vine Elderkin and Benjamin Follett repaired to the block-house where they were immediately seized by Jennings who was Sheriff of Northampton County, and being conveyed to Easton, were thrown into prison. Their companions were sufficiently numerous to have rescued them, but would not attempt it through fear of endangering the safety of the prisoners. They accompa nied the Sheriff to Easton, and having procured bail for their peaceable behavior, the whole party returned again to Wyoming. In the month of March Jennings having ascertained that the settlement of Connecticut people was increasing, assembled a number of persons as a posse, and being accompanied by Lewis Gordon, Anson Depui and Henry Hooker, three Justices of the Peace, proceeded to Wyoming. On their arival the Connecticut people apprized of their approach had secured themselves in a fortified house, but the Sheriff and his posse, having succeeded in forcing it open, seized them and carried the whole, to the number of thirty one persons, to Easton, except a few who escaped on their march through the swamp.

In April the two hundred emigrants appointed by the Susquehanna company arrived at Wyoming, and were joined by those who had been taken to Easton and had been liberated on giving bail.→ The new Colony, finding they were exposed to be

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annoyed by the Pennsylvania party, built a Fort a short distance from the bank of the river by the side of a small stream which flows through the plain, to which they gave the name of "Fort Durkee" in honor of the person who was chosen to command the garrison. Near the Fort they erected about twenty log houses which were provided with loop-holes to fire through in case of an attack. Their Fort consisted of a strong block-house surrounded by a rampart and entrenchment, and being guarded by the river on one side, and a morass extending along the brook on another, afforded a very secure place of refuge in case it should be necessary to abandon their houses. Jennings and Ogden, who had left Wyoming for a few weeks, being informed that the Connecticut people were again collecting at that place, assembled as many as they could persuade to accompany them, and proceeded to Wyoming, where they arrived on the 24th. of May, but finding the Connecticut people too numerous and too well fortified to justify an attack upon them, returned again to Easton, and made a report to the Governor in which Jennings says: he does not believe it is possible to raise a force in the county strong enough to dispossess them, they being by account upwards of 500 able bodied men."

The new Colony having fortified themselves and commenced their agricultural operations for the summer, the Susquehanna company thought it a favorable time to open negociations with the Proprietaries of Pennsylvania, and accordingly in

May Colonel Dyer and Major Elderkin were sent with full powers to negociate for a settlement of all disputes concerning the Wyoming lands, who, on their arrival in Philadelphia, submitted to Benjamin Chew, Esq. agent for the Proprietaries, the following proposition:

“Shall all matters in dispute between the Susquehanna company and the Proprietaries of Pennsylvania relative to the claim made by the former of lands within the Charter limits of Pennsylvania be referred to a Court of Law to be selected or constituted by the parties, or to Referees to be mutually chosen by the parties, and in either case the decision to be conclusive."

This proposition was rejected as preparations were then in train for sending an armed force to Wyoming to dispossess the Colony. A full copy of the resolutions and proceedings of the Susque hanna company at their general meeting held at Hartford during the previous winter, had been sent to Governor Penn, by Sir Henry Moore, Governor of New York, and had been considered by the council of the 13th. of February, 1769. In consequence of these resolutions, and the events which had subsequently transpired, an armed force was sent to Wyoming under the command of Col. Francis, who appeared before Fort Durkee on the 22d. of June, and demanded a surrender of the garrison and settlement into his hands. This demand was promptly refused, and the Colonel, after reconnoitering the position of the Connecticut forces, and finding them too strongly entrenched to be