Avery, Samuel - 1803

Pennsylvania Legislature
SENATE.

Thursday, January 6th, 1803.
The secretary of the commonwealth presented a message from the governor, together with the documents therein mentioned.

To the senate and house of representatives, of the commonwealth of Pennsylvania.
Gentlemen,
The secretary will deliver to the respective houses, copies of the letter {the next line is cut off} of the supreme court of this state, accompanied with copies of the proceedings, verdict and judgement in a special court, held before them at Sunbury, in the county of Northumberland, in pursuance of an act of the assembly, ch. 75, passed the second of April last; at which court the attorney general, and two other gentlemen learned in the law, attend as council in behalf of the commonwealth.

I also submit to your consideration, the subject matter of a letter which I have received from general William Irvine, superintendent of military stores of the United States, respecting an assessment of the arsenal on the Schuylkill near the city of Philadelphia, the property of the United States, but it rests with the legislature to decide thereon.

At the same time I have deemed it advisable to lay before you, copies of two letters, one from Mr. Elisha Tracy of Norwich, in the state of Connecticut, to Mr. Henry Drinker of Philadelphia; the other from John Franklin, Esq. a member of the house of representatives, and a certain Samuel Avery, to the committee of Pennsylvania land-holders.  The writers of these letters, would appear to set the laws and government of Pennsylvania, at nought, but, as the laws against intrusion, are constitutional and salutary, be assured, they shall be faithfully and promptly executed.

THOMAS M’KEAN.

Lancaster, January 4th, 1803

The documents accompanying the message were severally read, and together with the message,
Laid upon the Table.

The two following are copies of the two letters as referred to in the governor’s message.
Norwich, (Con.) Dec. 19, 1802.

HENRY DRINKER, Esq.
Dear Sir,
Possessing as I do, a considerable tract of land, lying near the head waters of the Wyolusing [Wyalusing?] and Wappasini creeks in Luzerne county, and a large tract including the Nine Partner settlement so called, by virtue of a grant from the Delaware Connecticut company, &c. understanding that the Pennsylvania title is principally in you, I have thought proper to trouble you with this line, on this subject; it is not my wish, to enter into the subject matter of this dispute, or even to assert to you, that my title has any validity ; this subject you and I are both well acquainted with ; but my object is, to endeavor to make this property valuable to us both, whereas by continuing to present dispute, it is of little value to either ; as neither you nor I, shall ever live to see the end of it, unless it be amicably settled between ourselves.

A part in quiet possession, is vastly better than the whole in dispute, a great number of settlers are going down from this state this year, perhaps more than ever did before, they are not however forehanded people but was this dispute once settled, with a considerable tract, the settlers would flock in at a great rate, and encrease <sic> the value of other lands.  My idea of treating on this subject is, that you sell out o me, so much as we cove with both titles at a low price, so as to allow me something for my claim ; buy out my claim at a low price, or suffer me to take a part of these lands, for conveying to you, th Delaware company’s title to the remainder.  If either of these plans strike you favourably, you will please to signify it by letter, with your ideas.  If there be a prospect of doing anything, I will come this winter to Philadelphia, and can bring such letters of introduction, as will satisfy you, that you are safe in entering into any negotiation with me.
    I am, dear sir,

Your very humble servant,
(Signed) ELISHA TRACY.

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Athens, December 6, 1802.
Gentlemen,
The president and board of directors {the next line is cut off}, proprietors and claimants of lands under a title derived from the Connecticut Susquehannah company, have pursuant to power vested in them, appointed us, the undersigned, their agents, to treat with the adverse claimants or their committee or agents, for the purpose of endeavoring a settlement of the controversy, by agreeing on some mode of obtaining an equitable decision—or by compromise.

Being anxious to put an end to a controversy, that has for many years existed, should be terminated by a just, equitable and final decision.

We (in pursuance to our instructions) propose to meet you for the purpose of a personal interview on that important subject.  Should this meet with your approbation, we wish to be informed at wha time and place it will be agreeable to you to meet us for the said purpose.

A letter directed to John Franklin, at Lancaster, will by him be forwarded to this place, and when received will be attended to.

We are, gentlemen, with respect,

Your most obedient and humble servants,
(Signed) John Franklin,
Samuel Avery.

Saturday, January 8, 1803.
~ The Gettysburg Gazette, 28-Jan-1803, Page 4, Columns 2, 3 & 4