Documentation for Amariah Sutton

This Page created: 9/8/1999

This documentation was contributed to our site from Larry DeFrance. Larry is seeking any information on Hawkins Boone mentioned in these documents. If you have any information that might help Larry please contact him at his e:mail address

From the Pennsylvania Magazine of History and Biography, Volume 7, “INDIAN LAND AND IT’S FAIR-PLAY SETTLERS, 1773-1785,” by John Blair Linn. Copy obtained from the 1977 DeFrance Family Record, assembled and edited by Irving Alfred DeFrance.

“Indian land,” the scope of the jurisdiction of the “Fair-Play” code, was the part of the present county of Lycoming north of the west branch of the Susquehanna, bounded on the east by Lycoming Creek, and on the west by Pine Creek. Settlements being mainly along the river, its operations and influence upon land titles were confined to the territory now embraced within the present townships of Porter, Piatt, Woodward, and Old Lycoming from Stewberry, now within the city limits of Williamsport, to the mouth of Pine Creek, two miles above Jersey Shore.

The period during which this code had full sway was from the year 1778 to the 1st day of May, 1785, when the land office was opened for applications within the purchase of October 23, 1784. The deed made by the Indians at Fort Stanwix (now Rome, N.Y.), November 5, 1768, made “a creek, which is by the Indians called Tiadaghton,” the northwestern limit of that purchase. The proprietaries were uncertain whether Tiadaghton meant Pine Creek or Lycoming, and, to prevent controversy, no lands were permitted to be surveyed west of Lycoming Creek. The commissioners appointed to make the next purchase were instructed to inquire of the Indians which creek was meant, but as late as December 21, 1784, before the result of the inquiry was known, The Assembly of Pennsylvania (Dallas’s Laws, vol. 2, page 233) declared “Lycoming Creek to be the boundary of the purchase, to all legal intents and purposes, until the General Assembly shall otherwise regulate and declare the same.” The Indians replied that by Tiadaghton they meant Pine Creek, but the purchase then consummated (October 23, 1784) made the answer of no consequence, divesting, as it did, the Indian title to all lands in Pennsylvania west of Pine Creek, rendering it unnecessary for the Assembly to legislate further about the line, and ending forever “squatter sovereignty” within the limits of this commonwealth.

Charles Smith, the compiler of Smith’s Laws, in his admirable resume of the land law of Pennsylvania (vol. 2, page 195, note) says:-

“A set of hardy adventurers seated themselves on this doubtful territory, made improvements, and formed a very considerable population. They formed a mutual compact among themselves, and annually elected a tribunal in rotation of three of the settlers, who were to decide all controversies and settle disputed boundaries. From their decision there was no appeal, and 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 the execution and eviction were as sudden and irresistible as the judgment. Every new-comer was obliged to apply to this powerful tribunal, and, and upon his solemn engagement to submit in all respects to the law of this 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 judgments of court.”

The code was probably not in writing. J. F. Meginness, in his History of the West Branch Valley, has preserved what, thirty years ago, remained in the memory of their descendants, of anecdotes of the Fair-play men, but was unable, after diligent search and inquiry, to obtain a copy of their code. Some of its provisions crop out in the depositions taken in subsequent cases. In that of Greer v. Tharp, William King, who came to live in the Indian Country in 1775, says that “there was a law among the Fair-play men by which any man, who absented himself for the space of six weeks, lost his right to his improvement.”

Bratton Caldwell says:-

“In May, 1774, I was in company with William Greer and James Greer, and helped build a cabin on Wm. Greer’s place (this was one mile north of the river and ½ mile west of Lycoming Creek). Greer went into the army in 1776 and was a wagon-master till the fall of 21778. He wrote to me to sell his cattle. In July, 1778, the runaway, John Martin, had come on the land in his absence. The Fair-play men put Greer in possession. If a man went into the army, the Fair-play men protected his property. Greer was not among the Sherman’s valley boys [the witness no doubt refers to the early settlers of what is now Perry County, who were forcibly removed in May, 1750]. Greer came back in 1784.”

The summary process of ejectment employed by the Fair-play men is clearly described by William King in a deposition taken March 15, 1801, In Huff v. Satcha, in the Circuit Court of Lycoming County:-

"In 1775 I came upon the land in question. I was informed that Joseph Haines claimed the land. He asked thirty pounds for it, which I would not give. He said he was going to New Jersey, and would leave it in the care of his nephew, Isaiah Sutton. Some time after I heard that Sutton was offering it for sale. I had heard much disputing about the Indian land, and thought I would go up to Sutton’s neighbors and inquire if he had any right. I first went to Edmund Huff, then to Thomas Kemplen, Samuel Dougherty, William McMeans, and Thomas Ferguson, and asked if they would accept me as a neighbor, and whether Isaiah Sutton had any right to the land in question. They told me Joseph Haines had once a right to it but had forfeited his right by the Fair-play law, and advised to purchase. Huff showed me the consentable line between Haines and him. Huff’s land lay above Haines’s, on the river. I purchased of Sutton, and was to give him nine pounds for the land.

“I did not come to live on the land for some weeks. One night, at a husking of corn, one Thomas Bond told me I was a fine fellow to be at a husking while a man was taking possession of my plantation. I quit the husking, and Bond and I came over to the place, and went into a cave, the only tenement then on the land, except where Sutton lived, and found some trifling articles in the cave, which we threw out. I went to the men who advised me to go on the land, all except Huff and Kemplen; they advised me to go on, turn him off and beat him if I was able. The next morning I got some of my friends and raised a cabin of some logs which I understood that Haines had hauled. When we got it up to the square, we heard a noise of people coming. The first person I saw was Edmund Huff foremost with a keg of whisky, William Paul was next with an axe, and many more. They got on the cabin, raised the Indian yell and dispossessed me and put William Paul in possession. I and my party went off. Samuel Dougherty followed me and told me to come back and come to terms with Paul, who had money and would not take it from me for nothing. I would not go back but waited for Dougherty who went for Paul. The whole party came and brought the keg along. After some conversation, William Paul agreed to give me thirteen pounds for my right. He pulled out the money, gave it to Huff to keep until I would assign my right. I afterwards signed the conveyance and got my money.

“William Paul went on the land and finished his cabin. Soon after a party bought Robert Arthur and built a cabin near Paul’s in which Arthur lived. Paul applied to the Fair-play men who decided in favor of Paul. Arthur would not go off. Paul made a complaint to the company at a muster at Quinashahague that Arthur still lived on the land and would not go off, although the Fair-play men had decided against him. I was one of the officers at that time and we agreed to come and run him off. The most of the company came down as far as Edmund Huff’s who kept Stills. We got a keg of whiskey and proceeded to Arthur’s cabin. He was at home with rifle in his hand and his wife had a bayonet on a stick, and they threatened death to the first person who would enter the house. The door was shut and Thomas Kemplen, our captain, made a run at the door, burst it open and instantly seized Arthur by the neck. We pulled the cabin down, threw it in the river, lashed two canoes together and put Arthur and his family and his goods into them and sent them down the river. William Paul then lived undisturbed on the land until the Indians drove us all away. William Paul was then (1778) from home on a militia tour.”

Amariah Sutton testified, July 5, 1800, that he came to the plantation on which he then resided in 1770. (He lived on the east bank of Lycoming Creek on the border only of Indian land.) That Joseph Haines, who was his relative, came from New Jersey, a few years after, and began to improve on the tract of land at the mouth of Lycoming Creek on the Indian land side, making his home at his, Sutton’s house, that in the course of three years he returned to New Jersey, and never came back. “We were all driven off by the Indians in May, 1778.”

John Sutton says:-”I came to Lycoming Creek in 1772, went to the Indian land in 1773, and have lived there ever since except during the Runaway. There was a law of the Fair-play men, that if any man left his improvement six weeks without leaving some person to continue his improvement, he lost the right to push his improvement. After the war I was the first to come back. I believe that William Tharpe and myself were the two first men who came to the Indian lands. I never understood that William Greer’s claim extended as far as where Tharpe now lives [March 13, 1797, date of deposition]; the improvement made by William Greer was near the house in which Greer now lives. A man named Perkins lived on the land in dispute between William Greer and William Tharpe. In the winter of 1775-6, Thomas Kemplen bought out Perkins, and Kemplen sold to James Armstrong, commonly called ‘Curly Armstrong.’ I saw William King living in the cabin in which Tharpe now lives. I sold my place which adjoined William Tharpe’s to John Clark. I came back after the war with the first that came in eight-three. William Dougherty lived on Tharpe’s land, after him Richard Sutton. Sutton lived in the cabin in ‘84 or ‘85. I am sure he lived there before Mr. Edmiston came up to survey.”

Samuel Edmiston was the deputy surveyor of district No. 17, embracing the Indian land. He made the survey of the William Greer tract, 302 acres, 148 perches, December 4, 1788, on warrant of May 6 1785. The return of survey calls for John Sutton’s land on the east, widow Kemplen and John Clarke’s land on the south.

The act passed December 21, 1784, on account of their resolute stand and sufferings during the late war, allowed a right of pre-emption to settlers without the bounds of purchases theretofore made, and the right of pre-emption to their respective possessions was given specially to all and every person or persons and their legal representatives, heretofore settled on the north side of the west branch of the river Susquehanna, between Lycoming Creek on the east and Pine Creek on the west. This ended the rule of the Fair-play men, though questions arising under the operation of their code claimed the attention of the Supreme Court for years afterward, and their agreements were ruled to be binding upon themselves. John Hughes v. Henry Dougherty, 2 Smith’s Laws, 196. See Meginness’s History, pages 165-168, for names of other Fair-play men not mentioned in these depositions, and other interesting fact in regard to them. According to the same historian, page 192, the Fair-play men were among the earliest (in July, 1776) to declare themselves in favor of throwing off all allegiance to the mother country, Great Britain.

Footnotes
1 Son of Provost Wm. Smith, D.D. For biographical notices of him, see PENNA. MAG., vol. Iv. p. 380, and vol. vii. p. 203. He was admitted to the Northumberland bar on examination in 1786, settled at Sunbury, and rose rapidly to eminence at the bar. He was attorney for plaintiff in lease of Greer v. Tharp, May session, Nisi Prius, 1799, Northumberland County, before McKean and Shippen. I quote largely from a bundle of depositions taken in that case, which has fallen into my possession.

2 Captain Kemplen and his son were killed by the Indians at the mouth of Muncy Creek in March, 1781.

3 Captain Samuel Dougherty fell in the attempt to relieve Fort Freeland, July 28, 1779.

4 Now Linden, in Woodward Township, a few miles west of Williamsport. Quenischaschaki was the name given by the Delawares to the long reach in the river above Williamsport. Hence they called the west branch Quenischa-cligek-hanna, which word has been corrupted into Susquehanna. The town was visited by Moravian missionaries prior to 1754. (Reichel, Transactions of the Moravian Historical Society, vol. I. P. 263.)

Transcribed August 10, 1998 by Larry L. DeFrance, 657 North Warren, Helena, Montana, 59601. Larry@ns.helenet.com.

This Indenture made the nineteenth day of January in the Year of our Lord One thousand seven hundred and Seventy five Between Turbutt Francis of the City of Philadelphia in the Province of Pennsylvania, Esq. And Sarah his wife of the one part And Ammariah Sutton of the County of Northumberland in the said province, Yeoman of the other part; Whereas the honorable the Propriateries of the said Province in and by their Patent or Grant bearing date the Eleventh day of August in the year of our lord, one thousand seven hundred and seventy two, under the hand of Richard Penn Esquire their Lieutenant Governor, and Great Seal of the said Province, Did give grant and confirm unto The Reverend Richard Peters of the said city, and to his heirs and assigns, A Certain tract of land called “Ormeskirk” Situate at the Mouth of Lycaming on the north side of the West branch of Susquehanna River in the County of Northumberland aforesaid; Beginning at a marked White oak Standing at the side of Lycaming Creek Four hundred & fifty six perches up from the mouth thence by Vacant land North Eighty five Degrees east one hundred & twenty six perches to a marked black oak east one hundred & ninety eight perches to a post, South three hundred & forty five perches to a post at the side of the West branch aforesaid thence up the west Branch one hundred & ninety nine perches to the mouth of Lycaming Creek aforesaid thence up the said Creek on the Several Courses four hundred and fifty six perches to the place of Beginning Containing Five hundred and Seventy nine Acres & Allowance of six PCent for roads, Together with the Appurtenances To hold to him the said Richard Peters his heirs & Assigns for ever, Under the yearly Quit of One half penny Sterling for every acre of the same or value thereof & as in an by the said Recited Patent Recorded in the Rolls office for the said Province in Patent book AA Vol. 13, page 266, Relation being thereunto had more fully appears. And Whereas the said Richard Peters by his deed dated the twenty third day of November in the year of our Lord one thousand seven hundred and Seventy two did for the Consideration therein mentioned grant & Confirm the said above described Five hundred & Seventy nine Acres and allowance aforesaid with the Appurtenances unto the said Turbutt Francis & to his heirs & Assigns for ever, Under the yearly Quit Rent aforesaid as by the said Deed intended to be recorded Relation being thereunto had more fully appeared. Now this Indenture Witnesseth that the said Turbutt Francis & Sarah his wife for and in Consideration of the sum of Two hundred & Ten pounds Seventeen Shillings lawful money of Pennsylvania unto them in hand well & Truly paid by the said Ammariah Sutton at or before the Sealing & Delivery hereof the Receipt Whereof is hereby Acknowledged have granted bargained sold Released & Confirmed & by these presents do grant bargain sell release and Confirm unto the said Ammariah Sutton his heirs & Assigns, A Certain Tract piece or parcel of land (part of the above Described Five hundred & Seventy nine acres Tract of Land Situate at the mouth of Lycaming aforesaid and bounded as follows viz Beginning at a marked white oak at the side of Lycaming Creek aforesaid thence north eighty five degrees east one hundred & twenty six perches to a black oak thence east Seventy one perches & sixtenths to a heap of stones ajoined of Other Part of the said above Described Tract granted or intended to be granted to Hawkin Boone Thence by the same south one hundred & Seventy three perches to a Stone thence (blank) nine perches to a Stump west sixteen perches to a Stone & South two hundred & Six perches to a Birch at the side of the West branch of Susquehanna thence up the same forty seven perches to the Mouth of Lycaming aforesaid thence up the same on the Several Courses thereof four hundred & fifty six perches to the place of Beginning Containing two hundred & Eighty seven Acres and a half an Acre of land & Allowance aforesaid Together also with all & Singular the Buildings Improvements ways woods waters watercourses Rights Liberties Priveledges Hereditaments & Appurtenances whatsoever thereunto belonging or in any wise Appertaining and the Reversions Remainders Rents Issues & Profits thereof, And Also all the Estate Right Title Interest use Possession Property Claim & Demand whatsoever both at law & in Equity of them the said Turbutt Francis and Sarah his wife of in & to the hereby granted or mentioned to be granted Premises, To have & to hold the said last above described Tract of Two hundred & Eighty seven Acres & a half an Acre of Land Hereditaments & Premises hereby granted or mentioned so to be with the Appurtenances unto the said Ammariah Sutton his heirs & Assigns, To the only use & behoof of the said Ammariah Sutton his heirs & Assigns forever, Under the proportionable part of the said Yearly Quit Rent now due or hereafter to become due & payable and owing unto the Chief Lord or Lords of the Fee thereof, And the said Turbutt Francis for himself his heirs Executors & Administrators doth Covenant promise and grant to & with the said Ammariah Sutton his heirs & Assigns, That he the said Torbutt Francis & his heirs the said above Described Tract of land & premises hereby granted or mentioned so to be with the Appurtenances unto him the said Ammariah Sutton his heirs & Assigns Against him the said Turbutt Francis & his heirs & Against all & every other Person or Persons Whatsoever lawfully Claiming or to Claim by from or under him them or any of them shall and will Warrant & for ever Defend by these presents. In Witness whereof the said Parties have Interchangeably set their hands & Seals hereunto. Dated the day & year first above written

Turbutt Francis Sarah Francis
Sealed & Delivered in the presence of us,
Daniel Rees Hawkins Boone
Received the day of the Date of the Within written Indenture of the within named Ammariah Sutton the sum of Two hundred & Ten pounds Seventeen Shillings lawful money of Pennsylvania It being the full Consideration within mentioned I say Received by me, Turbutt Francis, Witness Present at Signing Daniel Rees Hawkins Boone

On the nineteenth day of January Anno Domini 1775 Before me Ellis Hughes Esq one of the Justices of the County of Northumberland came the within named Turbutt Francis & Sarah his wife and Acknowledged the within written Indenture to be their act & Deed & Desired the same might be recorded as such the said Sarah thereunto Voluntarily Consenting She being of full age Secretly & apart from her said Husband examined and the Contents thereof first made known unto her: Witness my hand & Seal the day & year above. Ellis Hughes

Recorded the 4th of May AD 1793. J. Simpson Recorder -Northumberland Co., PA Deed, Book F, pg. 141-2.

This was deed transcribed by Gordon L Pattison, 11 Firestone, Irvine, CA 92614, glpbmp@ix.netcom.com

John DUNLAP of Lycommon, Yeoman. Will dated November 15, 1777; proved May 23, 1778. Executrix: Wife Elizabeth. Son John one third of all moveable Estate; L10 to Margaret Boon or her son John Boon; L10 to Anne Nielly, or Joseph her son. Daughters Elizabeth and Martha to live with son John, till they are of age. Witnesses: Amariah Sutten, Timothy Smith, Andrew Ross. (Northumberland County Wills & Administrations) In 1778 we have the Fair Play incident involving Robert and Susan Boone Arthur, Isaiah Sutton, Thomas Kemplen, Samuel Do(a)gherty and William Paul occurred, according to Amariah Sutton's testimony of 7/5/1800 in Greer v Tharp sometime after May, 1778. ("Indian Land and it Fair Play Settlers, 1773 1785, John Blair Linn, Pennsylvania Magazine of History and Biography, Vol 7, p420)

July 5, 1791. Northumberland County Orphans' Court. Robert Martin and Robert Arthur, Administrators of the estate of Hawkins Boone, state that on July 2 instant they sold a plantation adjoining land of Amariah Sutton in said county, 250 acres, late the estate of Hawkins Boone, to William Winter of said county, yeoman, for L350. (NORTHUMBERLAND COUNTY ORPHAN'S' COURT DOCKET 2, p128)

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