Part 90

Hiokatoo was about six feet four inches tall, large boned and rather inclined to leanness. He was very powerful and active for a man of his unusual size, and his wife said of him that he never found an Indian who could keep up with him in a race or throw him wrestling.

His eye was quick and penetrating and his voice was so harsh and powerful that amongst the Indians it always commanded attention. His health was uniformly good, and he was never confined by illness until attacked with tuberculosis when quite 100 years of age.

During his married life as the husband of the White Woman of the Genesee he was the father of four daughters and two sons. The elder of the two sons, John, killed his half-brother, Thomas, in a family feud which had existed between them since John was born, although Thomas was a fine character and John dissolute.

John a few years later, May, 1812, killed his own brother, Jesse, in a drunken frenzy, inflicting no less than eighteen wounds with a knife, each so deep that it would have been fatal. Jesse was twenty-seven years old and had been more like his mother than the other children. He shunned the Indian frolics, dressed and acted more like a white man and was sober and industrious.

Thus we see the cruelty of old Chief Hiokatoo inherited by his own son and inflicted upon his own blood in a most fiendish manner.

----------

Delegates to the Constitutional Convention Chosen November 21, 1789

On November 5, 1788, General Thomas Mifflin succeeded Dr. Benjamin Franklin as president of the Supreme Executive Council. Dr. Franklin was now eighty-two years old and desired to be relieved of so exacting a responsibility and declined the re-election, which was assured him. At the same time George Ross, of Lancaster, was elected vice president.

The first election for electors of President and Vice President of the United States, under the new Constitution was held January 7, 1789. The Federal ticket was successful. The ten votes of Pennsylvania were given to General George Washington as President, and eight votes for John Adams, and two for John Hancock, for Vice President.

The National Government, feeble at first, had no buildings and no home. During seven years of Washington’s term as President the capital was at Philadelphia. Congress met at Sixth and Chestnut Streets. The Supreme Court met at Fifth and Chestnut Streets. The President lived on Market Street below Sixth Street. The Government of the United States has never paid the rent for these public buildings and in its infancy and weakness, Pennsylvania gave our National Government a home without compensation therefor.

The Constitution of Pennsylvania as adopted in 1776, had long since proved inadequate for the requirements of a useful and effective government, and its revision was demanded. The Assembly, March 24, 1789, adopted resolutions recommending the election of delegates to form a new Constitution. The Supreme Executive Council refused to promulgate this

## action of the Assembly. In September following the Assembly adopted

resolutions for calling a convention.

At the election in October delegates were chosen and on November 21, 1789, the convention assembled in Philadelphia, and organized with the election of General Thomas Mifflin, Chief Executive of the State, as President of the convention. The sessions of the convention were long and tedious, and an adjournment was had for a time in 1790, but their labors were concluded, and the new Constitution adopted September 2, 1790.

The most radical changes were made in the executive and legislative branches of the Government. The Assembly ceased to have the sole right to make laws, a Senate being created. The Supreme Executive Council was abolished. A Governor was directed to be elected, to whom the administration of affairs was to be intrusted.

The former judicial system was continued, excepting that the Judges of the higher courts were to be appointed during good behavior instead of for seven years. The Bill of Rights re-enacted the old provincial provision copied into the first Constitution respecting freedom of worship, rights of conscience and exemptions from compulsory contribution for the support of any ministry.

The recognition of God and of a future state of rewards and punishments was still demanded of all holding office, but a belief in the divine inspiration of the Old and New Testaments was not included. The Council of Censors ceased to have authority, and Pennsylvania conformed in all important matters to the system upon which the new Federal Government was to be administered.

The first election held in Pennsylvania under the new Constitution of the Commonwealth—that of 1790—resulted in the election of General Thomas Mifflin, then president of the Supreme Executive Council, who had presided at the forming of the new instrument. Mifflin had little or no opposition. His election was evident from the start, for there were no real issues. The result turned chiefly on his better-known personal qualities. Parties had not yet become crystallized with definite issues.

General Arthur St. Clair, his opponent, was highly esteemed as a citizen and brilliant soldier, but the popularity of Mifflin carried him in triumph, and for three terms he was chosen to the chief magistracy of Pennsylvania. His success was his own; he builded his own house.

Governor Mifflin’s chief political adviser was Alexander J. Dallas, who was appointed to the office of Secretary of the Commonwealth. That was a wise selection. Dallas was young, but brilliant and deeply interested in politics. He knew the leading men of the State and maintained a close relationship with them.

With the new Constitution functioning, the course of legislation turned in various channels. The promotion of internal improvements which have since become so important in Pennsylvania, and other enterprises of a less public character, soon demanded the attention of the General Assembly.

One of the first measures was that urged by the Society for the Improvement of Roads and Canals, and which contemplated the construction of highways and artificial waterways at the expense of the State. This suggestion aroused such a storm of opposition that the Legislature was compelled to reject the original proposition and to pass bills providing only partial and doubtful encouragement for their establishment by private enterprise.

A long and valuable report was made February 19, 1791, which embodied the results of examinations made previously. The committee reported that the Delaware River could be made an important channel for the trade of New York by the construction of a portage canal of nineteen miles; that a safe boat and raft navigation might be made to the northern boundary of the State for £25,000. They gave an estimate of the grain which was brought down the Susquehanna and the Juniata and they reported on the probable trade along the Allegheny River and how it could be increased by canals at certain places.

They recommended that the Governor should issue a proclamation inviting proposals for building canals and locks in and near the waters of the Tulpehocken and Quittapahilla; for a canal from Frankstown to Poplar Run, and for clearing the Susquehanna from Wright’s Ferry to Havre de Grace. They also wanted proposals for a turnpike from Philadelphia through Lancaster to the Susquehanna and for other roads throughout the State.

A bill was passed April 6, 1792, and in August Governor Mifflin apprised the Legislature that he had made contracts for the improvements of certain streams, but that “several propositions had not yet met with persons willing to undertake the specified work.”

During the year 1793 the Bank of Pennsylvania was incorporated by the Legislature, the opinion being expressed that it would “promote the regular, permanent and successful operations of the finances of the State and be productive of great benefit to trade and industry in general.”

The State subscribed for one-third of the entire stock and branches were established at Lancaster, Harrisburg, Reading, Easton and Pittsburgh. These were discontinued in 1810; in 1843 the State sold its stock, and with the great financial crisis of 1857 the Bank of Pennsylvania sank in ruin.

----------

Joe Disberry, Remarkable Thief, First Arrested November 22, 1783

About the close of the Revolutionary War a notorious character named Disberry lived between Selinsgrove and Sunbury. He was possessed of great physical strength and had few superiors in running, jumping and skating. But in thieving and lying he was considered a match for the prince of darkness himself.

So bold was he that, according to reminiscences preserved by early settlers, he was known to enter the kitchen of a dwelling when the family were in bed, start up a fire, cook a meal and eat at his leisure. If disturbed in this agreeable occupation he relied on his swiftness of foot to escape.

At length Joe became so notorious on account of his thieving propensities that the whole settlement was up in arms against him, and he was finally arrested November 22, 1783, and imprisoned in the jail at Sunbury. But as the jail—which was the first one built in Northumberland County—was not secure he quickly escaped, and Sheriff Antes offered a reward for his apprehension.

On another occasion Disberry took refuge on the “Isle of Que” and concealed himself in a thicket of bushes, where he fancied himself secure. He might have remained undiscovered and escaped but for his inordinate love of perpetrating jokes.

Lying on the watch near the road cut through the thicket Joe heard the footsteps of a horse and, slyly peeping from his covert, espied the Sheriff’s wife approaching on horseback. He at once stepped into the road and, pulling off his hat, made a polite bow, when he suddenly disappeared in the bushes. The lady hurried to Selinsgrove and gave the alarm.

A party headed by George Kremer was immediately formed and went to the island in pursuit of Joe. Guided by the lady’s instructions, Kremer went to the spot and soon had the culprit in custody. He was taken back to jail, tried and sentenced, and his sentence is one of the strangest found in the annals of criminal history of Pennsylvania.

In the Quarter Sessions docket of Northumberland County the record shows that Joe Disberry was arraigned on the charge of felony, tried and found guilty. The jury was composed as follows: Peter Hosterman, Adam Grove, George Shaffer, Philip Frick, John Harrison, Michael Grove, William Clark, Adam Christ, Robert Irwin, Paul Baldy, John Shaffer, Alexander McGrady. The sentence of the Court, which still stands out boldly on the record, was as follows:

“Judgment that the said Joseph Disberry receive thirty-nine lashes between the hours of 8 and 9 o’clock tomorrow; to stand in the pillory one hour; to have his ears cut off and nailed to the post; to return the property stolen or the value thereof; remain in prison three months; pay a fine of £30 to the honorable the president of this State for the support of the Government, and stand convicted until fine, fees, etc., are paid.”

This remarkable sentence shows the estimate that was put on Joe as a criminal. The whipping post and pillory stood in the public square in Sunbury.

Colonel John Henry Antes was the Sheriff at that time and directed the whipping, if he did not do it himself.

There is no record to show who did the ear chopping, but as the surgical operation fell to the Sheriff also, it is probable that he did it.

John Buyers was the president of the court at that time, assisted by associates, and the duty of imposing the sentence fell on him. The Court met, according to the entry in the docket on the fourth Tuesday of August, 1784, and as the trial took place at once, the sentence was carried out on Wednesday.

Among the jurors were several men who were prominent as Indian fighters and participants in the war for liberty.

Peter Hosterman, foreman, was active as a militia officer and had command of a body of militia to watch and repel savage attacks.

Adam and Michael Grove were famous as Indian scouts, and the latter only a short time before he served on this jury, was one of a company that pursued a party of marauding Indians up the Sinnemahoning. Discovering their camp they stealthily approached at night, rushed upon them, surprised them, captured their arms and killed several. The balance escaped. The Grove brothers then lived in Buffalo Valley, now Union County.

This severe sentence, it seems, did not cure Joe Disberry of his thieving propensities, for the Quarter Sessions docket for August term, 1798 (Northumberland County), shows that he was arraigned and tried on three indictments for burglarizing the houses of Philip Bower, Peter Jones and Isaiah Willits, and convicted on each.

The jurors who found him guilty on each count were John Clark, John Metzgar, John Friesbach, George Clark, John Armstrong, John Cochran, Thomas Murray, Christian Gettig, John Dewart, George Bright, Peter Disher and Hamelius Lomison.

Judge Jacob Rush was President Judge assisted by Captain William Wilson, John McPherson, Thomas Strawbridge and Colonel William Cooke as associates. Robert Irwin was high sheriff of the county. Judge Rush, on sentencing Disberry, said:

“That the prisoner, Joseph Disberry, forfeit all and singular his goods and chattels, lands and tenements, to and for the use of the Commonwealth, and undergo a servitude of seven years for the burglary committed in the house of Peter Bower, and be committed to the house of correction, pay the cost of prosecution, &c.”

The Court then sentenced him on the two other indictments, seven years each. Joe, who was listening very attentively remarked rather jocosely: “Why, Your Honor, three sevens make twenty-one!”

Judge Rush then continued: “That the defendant be conveyed to the gaol and penitentiary house of the city of Philadelphia to undergo the servitude aforesaid for the term of twenty-one years. And that the said Joe Disberry be kept for the space of two years in solitary cells out of the term of twenty-one years.”

This remarkable criminal served his long sentence and returned in 1819 to his old haunts, about Sunbury and the Selinsgrove, an aged man, but as merry as a cricket. Being a natural-born thief, he could not resist the temptation to steal everything upon which he could lay his hands.

The date of his death is unknown. But the late Dr. Robert Harris Awl, of Sunbury, said that some time after his return from serving his long sentence, he went one night to a mill in Union County to steal flour and falling through a hatchway sustained injuries which resulted in his death. It is said that when they came to bury him, the owner of the mill insisted that he should be buried deep. “For,” said he, “if it is not done he will return and steal mill, dam and all!”

It is not positively known whence this remarkable man came. Tradition says that he was a native of Connecticut. In that event he might have been among the emigrants to Wyoming, but on account of his evil propensities was banished to Sunbury as a punishment to Dr. Plunket and his people, for whom the Wyomingites bore no love. Neither is it known whether he had any family or property. His criminal record, however, would furnish material enough for a first-class romance.

----------

Border Invasion by Thomas Cresap Ceased After His Arrest, November 23, 1736

There was great conflict between the several Lords Baltimore, Proprietaries of Maryland, and the Penns, Proprietaries of Pennsylvania, over the boundary of their respective provinces, which lasted from the time William Penn first received his grant until the Mason and Dixon boundary line was surveyed in 1763–67.

Conestoga Township, in what is now Lancaster County, was originally organized about 1712. Prior to 1719 it was divided into East and West Conestoga. The western boundaries of the latter were not defined until 1722, when Donegal Township was erected and Chicques Creek was made its eastern boundary. Pequea Township seems to have been to the northeast of Conestoga, with not very well defined boundaries, and was probably erected about the year 1720.

Lord Baltimore selected a pliant and bold adventurer for his agent in this disputed territory named Thomas Cresap, aged twenty-six years, a carpenter by occupation, and in religious faith a Roman Catholic, same as the Calverts of Maryland. He was to go to Conejohela Valley and settle, where he built a cabin and established a ferry, on March 16, 1730, near James Patterson’s land.

In a joint statement made by James Patterson to Justices John Wright and Samuel Blunston they issued a warrant and wrote to Governor Patrick Gordon, October 30, 1732, and said:

“About two years Since, Thomas Cresap, and some other people of Loose Morals and Turbulent Spirits, Came and disturbed the Indians, our friends and Allies, who were peaceably Settled on those lands from when the said Parnel and others had been removed, Burnt their Cabbins, and destroyed their goods, And with much threatening and Ill-usage, drove them away, and by pretending to be under the Maryland government, sought to Evade ours. Thus they proceeded to play booty. Disturbing the Peace of the Government, Carrying people out of the Province by Violence, Taking away the guns from our friends, the Indians, Tying and making them Prisoners without any offence given; and threatening all who should Oppose them; And by Underhand and Unfair practices, Endeavoring to Alienate the minds of the Inhabitants of this Province, and Draw them from Obedience to their party. Their Insolence Increasing, they killed the horses of Such of our people whose trade with the Indians made it Necessary to Keep them on that Side of the river, for Carrying their Goods and Skins; assaulted those who were sent to look after them.”

Cresap’s house was a convenient refuge for runaway servants and debtors. Samuel Chance, a runaway debtor of Edward Cartlidge, an Indian trader who lived in the Manor, took up his abode with Cresap and assisted him to row his ferryboat. A son of Cartlidge laid a plan to capture Chance by decoying him to the east side of the river.

Cresap and Chance got into their boat and rowed over to the Blue Rock, where they found Edward Beddock, Rice Morgan, and a Negro servant of Mr. Cartlidge. After being taken into the boat, and rowed out into the stream a few yards, Beddock and Morgan threw Cresap into the river, and took Chance to shore with them. Cresap made his escape to an island nearby, where he remained until after dark, when he was discovered by an Indian and rescued.

Cresap made complaint to the Maryland authorities, and a sharp correspondence between the Governors of the two Provinces resulted.

In the fall of 1733, Cresap came up to Wright’s Ferry and commenced to build boats and erect a house. Wright and Blunston had placed a number of men in the ferryhouse, who sallied forth and took Cresap’s men prisoners.

John Emerson, a lawyer, who lived in Lancaster, was appointed ranger and keeper of the Conestoga Manor. He also owned a ferry at Blue Rock. On January 29, 1734, accompanied by Knowles Daunt and five others, Emerson went down to Cresap’s house to arrest him. Cresap shot Daunt in the leg, from the effects of which he died. They failed to capture Cresap and he afterward made frequent raids into Kreitz Valley with bands of armed men.

In July, 1735, when John Wright was harvesting his grain, Cresap appeared with twenty men, women and lads, armed with guns, swords, pistols, blunderbusses and drums beating.

Wright approached Cresap and demanded the reason of their military display. Cresap replied that they came to fight the Pennsylvanians, drew his sword and aimed his pistol at Wright’s breast, who, by his courage, completely cowed Cresap and captured his wagons. Wright and his men then made a fort of the ferryhouse on the west side of the river.

Cresap reported these doings to Governor Ogle, who ordered out the Maryland militia. Wright learned of this martial movement and engaged Benjamin Chambers to ascertain their designs. Chambers was suspected as a spy and arrested, but escaped to Wright’s Ferry and made a full report. He then went to Donegal and collected a number of Scotch-Irish, and marched them to Wright’s Ferry, where they repelled two or three hundred Marylanders, under Colonel Hall.

Cresap built a fort from which bands of armed men went out to raid plantations, destroy houses and take the settlers prisoners to Maryland. Joshua Minshal and John Wright, Jr., were the only two men left in Kreitz’s Valley.

Cresap had surveyed forty tracts of land, which were owned by Germans. This state of affairs became so critical that Provincial Council concluded to have Cresap arrested for the murder of Knowles Daunt.

On November 23, 1736, a warrant was placed in the hands of Sheriff Samuel Smith, who lived at Donegal. He called upon John Kelley, Benjamin Sterratt, Arthur Buchanan, Samuel Scott, David Priest, John Sterratt, John Galbraith, James, John and Alexander Mitchell, James Allison and nineteen others to assist him.

On the night of November 24, 1736, they surrounded Cresap’s house, in which he had a number of armed men, who fired upon Sheriff Smith and his party. Laughlin Malone, of Cresap’s party, was killed, and John Copper, of the Sheriff’s party, was wounded.

Finding that Cresap would not surrender, the Sheriff set his house on fire, when Cresap attempted to escape, but was overpowered and carried in triumph to Philadelphia and placed in prison.

Colonel Hall and Captain Higgenbotham came to Cresap’s fort with 300 men, and at different times marched through the valley in martial array. In January, 1737, a company attacked these Marylanders in Cresap’s fort, but were repulsed with the loss of eight men.

The Governor of Maryland offered £100 reward for the arrest of John Wright, Samuel Blunston, Sheriff Samuel Smith, John Ross, Michael Tanner, Joshua Minshal and Charles Jones. The last three persons were arrested and taken to Annapolis jail.

The Marylanders were finally driven back to their State, and all efforts to colonize that part of Pennsylvania with Marylanders was abandoned in 1738, and the Cresap invasions into Pennsylvania ceased.

----------

Moravians Slaughtered in Indian Village of Gnadenhutten, November 24, 1755

The first settlement in what is now Carbon County was made by the Moravian missionaries in the year 1746.

The converted Mohican Indians having been driven out of Shekomeko, N. Y., near the border of Connecticut, and from Pochgatgach, in the latter State, found an asylum for a short time at Friedenshutten, near Bethlehem.

The missionaries considered it unwise to maintain a large Indian congregation so near Bethlehem, and they purchased two hundred acres on the north side of Mahoning Creek, about a half mile above its junction with the Lehigh. Here the Indian town of Gnadenhutten became a regular fixture, and in it each Indian family possessed its own lot of ground.

The paths to Wyoming and other Indian towns passed through the settlement. A church stood in the valley, the Indian houses formed a crescent upon the higher ground, and on the open end stood the home of the missionary and the burying ground.

In September, 1749, Baron John de Watteville, a noted bishop of the Moravian Brethren, went to Gnadenhutten and laid the foundation of a new church, replacing the one built in 1746, which was too small for the growing congregation, which then consisted of 500 Indians.

About this time Reverend David Brainerd and several Indian converts visited Gnadenhutten. The congregation continued in this pleasing and regular state until 1754.