sured honors under the new regime, to gradual oblivion as the price of stubbornness, the lion owned himself tamed, and for the first time in his life became a suppliant for Pennsylvania favor. Upon this sign of submission the State's leniency was readily exhibited. Col. Franklin's release on bail and subsequent abandonment of the prosecution pleasantly introduced him into the familiar scenes of the new county, whose inhabitants showed, by electing him repeatedly to the assembly, that the colonel was still monarch of their hearts, although they had been unwilling to go his lengths with him.

During his captivity occurred the abduction of Col. Timothy Pickering, a bold design to intimidate him into using his influence for Franklin's release. With a captive less stout of heart than Col. Pickering the scheme might have had some favorable issue, but dismayed by his steadfastness, the robber band not only released him, but besought his influence for their pardon.

In after years these two gallant foes met in the prosecution of public business and mutually deported themselves with as great urbanity as they had shown spirit in conflict.

Franklin's life, after his release was spent in Athens, Pa. In 1792 Governor Mifflin appointed him high sheriff of Luzerne County, reposing, if we may believe the commission, "special trust and confidence in your patriotism, integrity and ability,' a remarkable tribute, considering the events shortly past. His continued, though more peaceable agitation in behalf of the Connecticut claimants, brought about an indictment for conspiracy, which resulted in nothing, and later an act of assembly attaching the locality in which he lived to Lycoming County, with the intention of shutting him out of the legislature. His triumphant return as member from Lycoming closed the strenuous part of his career, and the remainder of his life was spent in the enjoyment of home life. He died Sept. 26, 1849, at the age of 81.

His prolonged hostility after the more amiable attitude on the part of the

Pennsylvania government we can now, perhaps, pronounce either as ill-judged, or as convicting him of the ulterior design of dismemberment. But judgment even upon the most extreme of Wyoming's champions must be affected by the peculiarities of the settlement's situation and experience. Its inhabitants must have come to look upon it almost as a state by itself. Its natural mother, Connecticut, had been forced by judicial decree to abandon it. The milk of human kindness seemed to be absent from the breast of its foster mother, Pennsylvania. The inhabitants regarded themselves as possessed of rights utterly irreconcilable with the claims of their Pennsylvania neighbors. Wyoming was their country. Their affection for this fair region was ardent. Does not patriotism consist in passionate devotion to maintaining the rights of those with whom we have community of interests? If we so determine, then nowhere in history will we discover a more exalted or devoted patriotism than that of the Wyoming settlers. They were steadfast in their devotion through every variety of hardship and disaster; they never swerved from the path along which their goal led them nor halted until its advantages were all practically gained. To illustrate their patriotism in its intensest expression no single life can serve so well as Franklin's. And if his intenseness led him beyond the strictly legitimate, still his usefulness to us as a type, albeit with the characteristics too strongly accentuated, is not destroyed, and we must remember that what the light of long subsequent judgments points out to have been the proper road was much more dimly defined at the moment of action. The "Hero of Wyoming" represented all that his companions in arms and at the plough stood for, the only difference was in the excess of flavoring. There was more pepper in him. Under all the circumstances I put faith in the belief that for the people of this valley John Franklin's life is a fair picture of the pioneer and patriot.

We are assembled here in honor of the settlers of Wyoming Valley. Although this is the Memorial Day of a bloody conflict in which many gallant men fell, no eulogium of their bravery or heroic death will be pronounced by me. For of them this monument speaks more eloquently than any words. An attempt will be made in this paper to briefly describe the method of government prevailing in the second colony during the years 1772 and 1773. In this description facts will be mentioned that reveal the intelligent and the independent character of the early inhabitants of the valley.

In 1768 the Susquehanna Company, convened at Hartford, Connecticut, to take action concerning Wyoming, had resolved, "That five townships, five miles square should be surveyed and granted, each to forty settlers being proprietors, on condition that those settlers should remain upon the ground, man their rights, and defend themselves and each other from the intrusion of all rival claimants." In pursuance of this resolution, the first forty set out and arrived in February, 1769, only to find the valley in possession of the Pennamites, who had entered after the departure of the first colony. Then followed the Yankee and Pennamite War, resulting in the withdrawal of the Pennamites in August, 1771.

The Pennsylvania authorities, chagrined at the success of the Yankees, wrote a letter to the Governor of Connecticut, asking by whose authority these "hostile and violent measures" of the late conflict had been prosecuted. Governor Trumbull of Connecticut, in October, 1771, replied as follows:

"The persons concerned in these transactions have no order and direction from me or from the General Assembly of Connecticut for their proceedings on this occasion, and I am very sure that the General Assembly, friends as they have been to peace and good order, will never countenance any violent, much less hostile measures in vindication of the rights which the Susquehanna Company suppose they have to the lands in that part of the country within the limits of this colony."

It is easy to see from this equivocal letter, that Connecticut, while claiming title to the lands, was not prepared to justify and defend the actions of the colonists settling by virtue of that title.

Prior to the expulsion of the Pennamites, in 1771, there had been no established government in Wyoming Valley. In war, military law prevailed. In peace, each person was left to the dictates of his own conscience and the commands of reason to control his conduct. The cultivating influence of women was wanting, there being but few white women in the valley. But with the close of the Yankee and Pennamite War, new settlers began to appear. Population increased and the colonists began to think about introducing some form of government.

With this object in view the settlers petitioned the Assembly of Conecticut to take them under its protection until some laws should be promulgated by the King for the government of this new colony. That body being unwilling, at this time, to extend its jurisdiction over a section of country so far from home, and restrained by the remonstrances of Pennsylvania, already mentioned, replied, advising the colonists as follows:

1st. To make an amicable adjustment of their difficulties with the proprietors of Pennsylvania, which adjustment Connecticut would undertake to negotiate.

2nd. In case of failure in this to refer the whole matter to the King in Council.

3rd. In the meantime to govern themselves as best they could.

The first recommendation was not followed by the colonists, probably because an attempt to make an amicable adjustment with the Pennsylvania authorities would have been unavailing immediately after the expulsion of the Pennamites from the valley. In fact, the efforts of Connecticut in this direction were fruitless. It was also impracticable to refer the matter to the King with any hope of the creation of a new colony, because the strained relations between the King and the American colonies compelled his attention to the successful management of those already in existence rather than to the

making of new ones. In this dilemma the settlers were obliged to accept the third proposition and govern themselves. The Wyoming settlers, thus rejected by Connecticut and unwilling to be ruled by Pennsylvania, were thrown upon their own resources. Neither the Assembly of Connecticut nor the Susquehanna Company assumed an official governmental relation toward the colony until the summer of 1773. Notwithstanding the conclusion of some writers that no established discipline existed in the valley prior to June, 1773, or January, 1774, we shall see that the settlers, thus abandoned by Connecticut, which in the words of Governor Hoyt "had never really done anything for them," met this crisis with courage and fortitude and proceeded to govern themselves.

There is no more critical test of the stability of a people than the first attempt to fulfill the duty of self-government. Yet this duty was performed by the Wyoming settlers in a manner that reflects credit upon their intelligence and ability. The reason these pioneers were enabled to create out of the wilderness a colony and establish therein a government that in two years brought a prosperity to the settlement, commanding the respect of two great States, is found in their character. This character, which in my opinion was more plainly exhibited at this than at any other time in their history, is worthy of analysis.

It was essentially religious. The stern, uncompromising desire for religious freedom that dominated the minds of the Puritans also helped to mould the character of the Wyoming settlers. The Pilgrim Fathers came to New England with the purpose of worshiping God according to the dictates of their own consciences. Their religious zeal made them of a peculiar temperament. While in their worship they held themselves of no account in the sight of God, having devoted themselves to the service of the Almighty they could not persuade themselves to bow the knee to any human potentate. They feared no foe, but living under the law of nature, which is the law of God, they stood as firm and unyielding as the sturdy oak against the storms of adversity. They were a fearless and relentless enemy to those who attacked them. Slow to anger and tardy to put on the habiliments of war, once these were assumed, they were equally slow to lay them aside. Such a mixture of

the fear of God and boldness towards men has seldom been seen in history. This character our ancestors brought with them to this valley. The old Puritanical faith, free, however, from its early bigotry, was kept alive by ministers of the gospel who were supported at the public expense in the settlement. Another trait of character was their desire for education. They were efficient promoters of schools. As with the Pilgrim Fathers, so with the members of the second colony-the church was hardly completed when the school house was begun. The school teacher occupied a position of honor second only to that of the minister of the gospel. The spelling bee, debates in literary societies founded at an early day, and the best colleges of the land, which a respectable number of the colonists had attended, developed intelligent men, who were well qualified to partake of the stirring events which were to arouse the land.

Another element of character was industry. The explorers of southern lands were beguiled by dreams of unlimited wealth to be found in the gold and silver of the new world. But the New England settlers knew of no riches except those developed by untiring industry in the fertility of the soil. The pioneers of this valley, on the frontier of an unsettled country, exhibited this industry to a marvelous degree. They were a hardy and thrifty people. Under their management homes were constructed, mills were erected, roads and ferries were built for the accommodation of travelers, and fields of grain replaced the primeval forests.

This character, then, made up as it was of religion, independence, intelligence and industry, made the settlers capable of ruling themselves. And although their government was peculiar, and compared with our complex political organism of to-day, even crude, it was a government of the people, more purely democratic in its nature than that of the Grecian or Roman States in their highest developments of Republicanism.

It is commonly conceded that much of the business relating to the affairs of the colony was transacted at town meetings. Here many resolutions were passed that would be honorable to the highest civilization. At one of these meetings, in Wilkes-Barre, December 11th, 1772, over which Stephen Fuller was appointed moderator, it was voted "To give and grant unto Jacob Johnson, his heirs and assigns forever, in case he

settle in this town as a gospel minister, fifty acres of land." At another in August, 1773, it was agreed that the Rev. Jacob Johnson be paid a salary of sixty pounds, to be increased as the revenue from taxes warranted, until it amounts to one hundred pounds a year." It was also voted "To raise three pence on the pound on the district list to keep free schools in the several school districts in Wilkes-Barre." The other towns in the valley were also interested in education. At a town meeting in Kingston December 21st, 1773, upon vote it was agreed: "That Nathaniel Langdon, Samuel Commins and John Perkins be appointed a committee to divide the town into three districts for keeping schools. "It is probable that similar provisions for the permanent support of free schools was made in all the towns throughout the settlement. These proceedings may be nothing more than ordinances controlling a school district or a municipality, although the one relating to the support of a clergyman at the public expense would be unusual even in a New England town meeting.

But the statement that all laws relating to the settlement were enacted at "town meetings" or by "town committees" is somewhat misleading. For at a meeting held May 22nd, 1772, five resolutions relating to separate and distinct towns were passed. They were as follows:

1st. "That Rosewell Franklin have that right in Wilkes-Barre drawn by Thomas Straw."

2nd. "That James Bildack have that right in Plymouth drawn by Nathaniel Drake."

3rd. "That M. McDowell be voted into the forty town," (Kingston.)

4th. "That for special services done this company by Col. Dyer agreed that his son, Thomas Dyer, shall have a right in the forty if he has a man on it by the first day of August next."

5th. "That the rights that are sold in the six mile township, or Capouse, shall be sold at sixty dollars and bonds taken."

Here then, in one meeting resolutions were passed concerning property in Wilkes-Barre, Plymouth, Kingston and Capouse, and rights in the settlement granted to Thomas Dyer for special services of his father. These proceedings suggest that the legislative power was lodged in an assembly, more important than a town meeting and having authority over the

whole colony. Contemporaneous writings, to some extent explain the condition existing at this period in Wyoming Valley. The following extract, taken from a letter written April 2nd, 1773, from Fort Augusta, by William Maclay to J. T. Tilghman, will elucidate the situation as it appeared to the hostile minds of the Pennamites. The extract reads:

"We have certain accounts of their" (the Wyoming settlers) "having had several meetings lately to choose a sovereign and settle a new state, etc., for it seems they have not now any dependence on the government of Connecticut." This short sentence from the pen of one whose official duty it was to watch the settlers in western Pennsylvania, demonstrated the fact that a virile and aggressive administration existed in the valley and that the people of Wyoming Valley, independent of Connecticut and Pennsylvania, were maintaining a government of their own.

The legislative power was vested in the people themselves, assembled in convention known as the "Meeting of the Proprietors," presided over by an officer chosen at each meeting, called the "Moderator." The proceedings were recorded by a clerk selected at each meeting, in a book known as the "Statute Book." Any proposition receiving a majority vote became a law of binding obligation upon the whole colony. An executive committee, comprising one person from each township, constituted the "Committee of Settlers" which was authorized to decide matters of minor importance and call a "Meeting of the Proprietors" whenever it became neces

sary.

Effective measures were adopted to meet the requirements of a newly settled district. Townships were laid out, taxes were levied and collected, fortifications were erected and a militia established for the defense of the settlement. Unworthy acts were punished by expulsion from the colony, while public devotion met its fitting reward in the conferring of citizenship. Civil and criminal courts were instituted and a constable was appointed to execute the laws in each township.

The judicial authority was vested in three courts, two of which, as nearly as I can ascertain, were identical with the "Committee of Settlers" and the "Meeting of Proprietors." The lowest court consisted of "Three Freeholders," which established in each township had original jurisdiction of all civil and crim

inal matters and made a return of its award to the "Committee of Settlers.' This last named court could enter judgment and issue execution on the award of the "Three Freeholders," or it could correct that award. The tribunal of the last resort was the "Meeting of the Proprietors," where the decisions of the lower court was sustained, amended or reversed.

This division of the judicial authority continued for nearly two years, when some modifications were made. These changes and the manner of making

them, establishes the conclusion that during the years 1772 and 1773 the governmental power resided with, and was exercised by, the colonists themselves.

In June, 1773, the Susquehanna Company convened at Hartford, enacted laws for the government of the colony. The convention at which these laws were enacted was closely followed by a "Meeting of the Proprietors" on July 8th, 1773, at Wilkes-Barre, in which the deliberations of the company at Hartford were ratified by the settlers. The proceedings thus adopted were embodied in an agreement known as the "Original Compact." A sheriff was appointed, magistrates were selected, and the highest judicial authority was transferred from the "Meeting of the Proprietors" to a "Board of Directors" consisting of three persons from each township. Local Boards of Directors were to decide cases arising in the several townships of Wilkes-Barre, Kingston, Plymouth, West Providence, Pittston and and Hanover, and once every three months these local boards were to combine in a "quarterly meeting" to hear appeals from the decisions of the lower boards.

Although no authority has explained the significance of, or even mentioned both of these meetings, the one at Hartford, the other at Wilkes-Barre, it seems reasonable to infer that the Susquehanna Company suggested, after which the settlers adopted, and by their adoption made operative, alterations and improvements in a method of government already instituted, organized and contested by themselves. Otherwise "Meeting of the Proprietors" of July 8th, 1773, would have been but an idle forma luxury in which the early settlers did not indulge. This contention gains

the

force from the fact that the Susquehanna Company, although supported by public opinion in Connecticut, never had conferred upon it the power of making laws. It exercised the functions of a land office rather than those of a legislature or a court. The "Original Compact" was adopted by the settlers before it became binding upon them as a law, and while by the concurrence of the "Meeting of the Proprietors" the final appellate jurisdiction over suits involving the title of land was awarded to the Company, the absolute and final decision upon all questions affecting the enjoyment of health, reputation, liberty and life was to be rendered by the settlers themselves, as represented in their "Board of Directors." In other words the colonists were to exercise full power in that class of cases which men have always considered the most important in their efforts to promote liberty and good government. This regime continued until the Assembly of Connecticut, in January, 1774, made Wyoming Valley a part of Litchfield county and admitted representatives from the colony to its number.

I have attempted to briefly review the history of the second colony during the years 1772 and 1773. Although it is impossible to describe the method of government then existing, with absolute correctness, the available information explains the character of the early settlers as manifested not in the stern conflicts of war, but in the nobler attainments of peace. They were a sturdy and independent band of men. When by the logic of events the duty of selfgovernment was thrust upon them, it was performed in a manner honorable to themselves and adequate to the needs of the settlement. While Pennsylvania was watching Wyoming Valley with a jealous eye and Connecticut was strengthening her title with the favorable opinions of eminent. English lawyers, the pioneers of this valley, by their own unaided efforts, were creating a prosperous colony. The honor of this achievement should be awarded to the settlers themselves. From the intelligence and independence of men of kindred character, in all parts of this broad land of America, grew the possibility of our great Republic.