1828.

apple tree, I have had it traditionally from the family of Richard Townsend's descendants, who were deemed a family of first rate respectability.

Stephen Townsend, (grandson of Richard,) was an elderly and amiable man in my time, and owner of the apple tree. I have heard him relate that his grandfather had been informed by the Indians, that back in the country was a great apple tree, where abundance of Indians collected in the season to live on apples-that with Indian guides he undertook the journey through the wilderness to pay them a religious visit. When he came there he was surprised to see so many Indians. There was a spring of good water near by, and an apple tree in an Indian clearing, vastly larger than any he had ever seen in England, heavily loaded with larger and better apples than he had ever seen before-that his ideas were to take up a tract of land there for his descendants, provided the Indians would sell him what was called their good will, or claim to their clearings; which was then customary to give, to support their friendship. To that they agreed, (as to the soil,) but no consideration would purchase their apple tree. That they strictly reserved to be as free as sunshine to all or any who wanted apples. That part of the contract the Townsend family ever faithfully observed; and Stephen Townsend did more, he supported a strong fence round it to keep cattle from the falling apples, and used to haul and throw his buck-wheat straw under the tree, to keep such as fell high from splitting.

The apples were very large and flat, of a yellow colour, striped, and speckled with red, of a rich delicious flavour, neither very sweet nor sour, generally esteemed to this day, in preference to any other. I have a great plenty of them in my orchard; but I think they are depreciated in size, say one third; but have not lost their former delicious flavour, or luxurious growth of limbs and abundant bearing.

It is now some months upwards of sixty years since I cut grafts off the original tree, and set them in young trees, from which grafts were brought here. I never measured the tree, and shall forbear mentioning my idea of the size or quantity of apples that I have seen under it, lest I may be thought extravagant. I well remember being there when very young, and a company of the better informed old men were viewing it, and hearing them say, that according to the growth of trees, that apple tree must be much older than Columbus.

From whence the seed of that apple tree came, or when the Indians cleared a field round it, is in the dark unknown; it stood on a poor thin gravelly soil, and verifies the maxim, that temperance promotes long life. Thirty-six or eight years ago I heard that venerable tree was fast declining. I wrote to a confidential friend of mine, (near by,) that if it died or fell down, to saw it off, and count its growth, for its age. His answer was, it turned up by the roots; that they sawed it off and found it so hollow, rotten, and inwardly defective, that nothing could be done to establish the age.

Another native apple tree I may mention, I have heard the oldest people of my remembrance, say, that it was the practice whenever there was what they called a new comer, for the neighbours to unite, go, and make him what they called a beginning, that was, grub, and clear a small piece of ground-put up a little log-house, and cover it with bark, &c.

There came a man from England whose name was George Hayworth; his tract was within two miles of where I was born. I have heard some very old men say they were at that first grubbing; that the whole tract was thick timber, no sign of Indian clearing to be seen.

While at work, they found a large old apple tree in the woods, overshadowed with forest trees. They united, cleared around it, and made a fence, then pronounced it public property, and as such it was considered in my time.

From some ancient documents that I have seen, that improvement was made in the year' The tree hap

439

pened to bear delicious white sweet apples, more early than any other known; as the seeds are generally turned brown in wheat harvest. That tree, although it grew on a fertile soil, never assumed a free, lively, growing appearance, as I have cut grafts from it. It died about the same time of the Townsend tree; also hollow and rotten.

If the Townsend apple have decreased in size, the Harvest sweets have increased, and the trees grow iuxuriantly.

Dr. Darwin says, "grafting is the elongation of the same trees." I have the consolation of having re-elongated two species of original American apple, independent of any seed or affinity with any European apple whatever; and perhaps I may be the only person that has preserved them, as I brought those grafts from the place of my nativity. They have had a general mortality among their apple trees.

My orchards would now afford, without doubt, by far more grafts of both kinds, than will ever be wanted; and I have been sorry, many years, that I have had no conveyance to send a box of grafts to my venerable friend, Col. Timothy Pickering.

I wish to hear through the medium of your Farmer, the opinion of your antiquarians-wes were apples natives of New-England?

Should life and health permit me to write again, perhaps I may show a strong hypothesis, that the apple trees abounded amongst the native Indians in one part of Pennsylvania, for perhaps centuries before the continent was discovered by Europeans.

IN 1787, the writer went on his first surveying tour into Northampton county; he was deputy under John Lukens, surveyor general, and received from him by way of instructions, the following narrative respecting the settlement of Meenesink, on the Delaware above the Kittany, or Blue Mountains.

That the settlement was formed a long time before it was known to the government in Philadelphia.

That when government was informed of the settlement, they passed a law in 1729, that any such purchases of the Indians should be void, and the purchasers indicted for forcible entry and detainer, according to the laws of England.

That in 1730, they appointed an agent to go and investigate the facts; that the agent so appointed was the famous surveyor Nicholas Scull, that he, J. Lukens was then N. Scull's apprentice to carry chain and learn surveying; that he accompanied N. Scull; as they both understood, and could talk Indian, they hired Indian guides, and had a fatiguing journey, there being then no white inhabitants in the upper part of Bucks or Northampton county; that they had very great difficulty to lead their horses through the Water Gap to Meenesink Flats which were all settled with Hollanders, with several they could only be understood in Indian. At the venerable Samuel Depui's, they found great hospitality and plenty of the necessaries of life. J. Lukens said, the first thing that struck his admiration was a grove of apple trees, of size far beyond any near Philadelphia; that as N. Scull and himself examined the banks, they were fully of opinion that all those flats had at some very former age been a deep lake before the river broke through the mountain, and that the best interpretation they could make of Meenesink was the water gone.

is

That S. Depue told them, that when the rivers were frozen he had a good road to Esopus from the Mine Holes, on the Mine road, some hundred miles, that he took his wheat and cyder there for salt and necessaries, and did not appear to have any knowledge or idea where the river ran, Philadelphia market, or being in the government of Pennsylvania.

They were of opinion that the first settlements of Hollanders in Meenesink were many years older than William Penn's Charter, and as S. Depui had treated them so well they concluded to make a survey of his claim, in order to befriend him if necessary. When they began to survey the Indians gathered round; an old Indian laid his hand on N. Scull's shoulder, and said, "put up iron string, go home." that they quit and returned.

Stockport, June 6th, 1828.

I had it in charge from John Lukens to learn more particulars respecting the Mine Road to Esopus, &c. &c.

I found Nicholas Depuis, esq. (son of Samuel) living in a spacious stone house in great plenty and affluence. The old mine holes were a few miles above on the Jersey side the river by the lower point of Paaquarry Flat, that the Meene-sink settlement extended 40 miles or more on both sides the river. That he had well known the Mine Road to Esopus, and used before he opened the boat channel through Foul Rift to drive on it several times every winter with loads of wheat and cider, as also did his neighbours, to purchase their salt and necessaries in Esopus, having then no other market or knowledge where the river ran to; that after a navigable channel was opened through Foul Rifts they generally took to boating, and most of the settlement turned their trade down stream the mine road became less and less travelled.

This interview with the amiable Nicholas Depuis, esq. was in the month of June 1787; he then appeared to be perhaps about 60 years of age. I interrogated him as to the particulars of what he knew, as to when and by whom the mine road was made, what was the ore they dug and haulled on it, what was the date and from whence or how came the first settlers of Meene-sink in such great numbers as to take up all the flats on both sides the river for 40 miles.

He could only give traditional accounts of what he had heard from older people without date, in substance as follows:

"That in some former age there came a company of Miners from Holland, supposed from the great labour that had been expended in making that road about 100 miles long, that they were very rich, or great people in working the two Mines, one on Delaware where the mountain nearly approaches the Lower Point of Paaquarry Flat, the other at the north foot of same mountain, near half way between Delaware and Esopus, that he ever understood abundance of ore had been haulled on that road, but never could learn whether it was lead or silver.

That the first settlers came from Holland, to seek a place of quiet, being persecuted for their religion; I believe they were Arminians, they followed the Mine Road to the large flats on Delaware, that smooth cleared land and such an abundance of large apple trees suited their views, that they bona fide bought the improvements of the native Indians, most of whom then removed to Susquehanna, that with such as remained, there was peace and friendship until the year 1755.”

I then went to view the Paaquarry Mine Holes, there appeared to have been a great abundance of labour done there at some former time, but the mouths of these holes were caved full and overgrown with bushes.

I concluded to myself if there ever had been a rich mine under that mountain, it must be there yet, in close confinement.

The other old men that I conversed with, gave their

traditions similar to Nicholas Depuis, and they all ap peared to be the grandsons of the first settlers, and ge nerally very illiterate as to dates or any thing relating to chronology.

In the summer 1789 I began to build on this place, there came two venerable gentlemen on a surveying expedition; they were the late gen. James Clinton, the father of the late De Witt Clinton, and Christopher Tappan, esq.; he was the clerk and recorder of Ulster county; for many years before they had both been surveyor's under gen. Clinton's father when he was Surveyor General. In order to learn some history from gentlemen of their general knowledge, I accompanied them in the woods; they both well knew the Mine Holes, Mine Road, &c. and as there was no kind of documents or records thereof, united in opinion that it was a work transacted while the State of New York belonged to the govern ment of Holland, that it fell to the English in the year 1664, and that the change of government stopped the Mining business, and that the road must have been made many years before so much digging could be done, that it must undoubtedly have been the first good road of that extent ever made in any part of the U. States.

That from the best evidence that I have been able to obtain, I am clearly of opinion, that Meenesink was the oldest European settlement of equal extent ever made in the territory afterward named Pennsylvania.

And these enterprizing Arminians or followers of Hugo De Grotious by their just and pacific conduct to the natives, so as to maintain peace and friendship with them for perhaps one hundred years, have left a traditional memorial of their virtue that time ought not to obliterate.

Stockport, June 14, 1828.

SAMUEL PRESTON.

THE FIRST CHARTER

Of the City of Philadelphia.

WILLIAM PENN, proprietary and governor of the rc vince of Pennsylvania, &c. To all to whom these presents shall come, sends greeting, Know Ye, That at the humble request of the inhabitants and settlers of this Town of Philadelphia, being some of the first adventu rers and purchasers within the province, for their encouragement, and for the more immediate and entire government of the sad town, and better regulation of trade therein, I have, by virtue of the King's Letters Patent under the Great Seal of England, erected the said town into a burrough, and by these Presents do erect the said town and burrough of Philadelphia into a City; which said city shall extend the limits and bounds as it is laid out between Delaware and Schuylkill.

And I do for me, my heirs and assigns, grant and or dain, that the streets of the said city shall for ever continue as they are now laid out and regulated; and that the end of each street extending into the river Delaware, shall be and continue free for the use and service of the said city, and the inhabitants thereof, who may improve the same for the best advantage of the city, and build wharves so far out into the river there, as the Mayor, Aldermen and Common Council herein after mentioned, shall see meet.

And I do nominate Edward Shippen to be the present Mayor, who shall so continue until another be chosen, as is hereinafter directed.

And I do hereby assign and name Thomas Story to be present Recorder, to do and execute all things which unto the office of recorder of the said city doth or may belong.

And I do appoint Thomas Farmar to be the present Sheriff, and Robert Asheton to be the present Townclerk of the Peace, and clerk of the court and courts.

And I do hereby name, constitute and appoint, Joshua Carpenter, Griffith Jones, Anthony Morris, Joseph Wit cox Nathan Stanbury, Charles Read, Thomas Masters, and William Carter, citizens and inhabitants of the said

1828.1

city, to be the present Aldermen of the said city of Philadelphia.

And I do also nominate and appoint John Parsons, William Hudson, William Lee, Nehemiah Allen, Thomas Paschal, junior, Edward Smout, Samuel Buckley, James Atkinson, Pentecost Trague, Francis Cook and Henry Badcocke, to be the Twelve present Common Council-men of the said city.

And I do by these presents, for me, my heirs and successors, give, grant and declare, that the said Mayor, Recorder, Aldermen, and Common Council-men for the time being, and they which hereafter shall be Mayor, Recorder, Aldermen and Common Council-men within the said city, and their successors for ever hereafter, be and shall be, by virtue of these Presents, one body cor porate and politick in Deed, and by the Name of the Mayor and Commonalty of the city of Philadelphia, in the province of Pennsilvania: And known by the name of Mayor and Commonalty of the city of Philadelphia, one body politick and corporate in Deed and in Name, I do for me, my heirs and successors, fully create, constitute, and confirm, by these Presents; and that by the same name of Mayor and Commonalty of the city of Philadelphia, they may have perpetual succession; and that they and their successors, by the name of Mayor and Commonalty of the city of Philadelphia, be and at all times hereafter shall be persons able and capable in law, to have, get, receive and possess lands and tenements, rents, liberties, jurisdictions, franchises and hereditaments, to them and their successors, in fee-simple or for term of life, lives, years or otherwise, and also goods, chattels and other things, of what nature, kind or quality soever.

And also to give, grant, let, sell and assign the same lands, tenements, hereditaments, goods, chattels, and to do and execute all other things about the same, by the name aforesaid; and also, that they be and shall be for ever hereafter persons able and capable in law, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all or any the courts and other places, and before any judges, justices, and other persons whatsoever within the said province, in all manner of actions, suits, complaints, pleas, causes and matters whatsoever, and of what nature or kind soever.

And that it shall and may be lawful to and for the said Mayor and Commonalty of the said city of Philadelphia, and their successors, forever hereafter, to have and use one common seal for the sealing of all businesses touching the said corporation, and the same from time to time at their will and pleasure to change or alter.

And I do for me, my heirs and successors, give, and by these Presents grant full power and authority unto the Mayor, Recorder and Common council of the said city of Philadelphia, or any five or more of the Aldermen, and nine or more of the Common Council-men, the Mayor and Recorder for the time being, or either of them, being present, on the first Third Day of the week, in the Eighth month yearly for ever hereafter, publickly to meet at a convenient room or place within the said city, to be by them appointed for that purpose, and then and there nominate, elect and choose one of the Aldermen to be Mayor for that ensuing year. And also to add to the number of Aldermen and Common Council-men, such and so many of those, that by virtue of these Presents shall be admitted Freemen of the said city from time to time, as they the said Mayor, Aldermen and Common Council shall see occasion.

441

and then and there the Mayor so presented, shall make his solem affirmation and engagement for the due execution of his office.

And that the Recorder, Sheriff, Aldermen and Common Council-men, and all other officers of the said city, before they or any of them shall be admitted to execute their respective offices, shall make and subscribe the said declarations and profession aforesaid before the Mayor for the time being, and at the same time shall be attested for the due execution of their offices respectively; which declarations, promises and attestations, the Mayor of the said city for the time being, is hereby impowered to take and administer accordingly.

And that the Mayor, Recorder and Aldermen of the said city for the time being, shall be Justices of the Peace and Justices of Oyer and Terminer; and are hereby impowered to act within the said city and liberties thereof accordingly, as fully and amply as any Justice or Justices of the Peace or Oyer and Terminer, can or may do within the said province.

And that they or any four or more of them (whereof the Mayor and Recorder of the said city for the time being shall be two) shall and may for ever hereafter have power and authority, by virtue of these presents, to hear and enquire into all and all manner of treasons, murders, manslaughters, and all manner of felonies and other crimes and offences, capital and criminal, whatsoever, according to the laws of this province and of the Kingdom of England, with power also to hear and deter mine all petty larcenies, routs, riots, unlawful assemblies; and to try and punish all persons that shall be convicted for drunkenness, swearing, scolding, breaking the peace, or such like offences, which are by the laws of this province to be punished by fine, imprisonment or whipping; with power also to award process against all rioters and breakers of the peace, and to bind them, and all other offenders and persons of evil fame, to the peace or good behaviour, as any Justice or Justices of the peace can do, without being accountable to me or my heirs, for any fines or amerciaments to be imposed for the said offences or any of them.

And I do hereby impower them or any four of them (whereof the Mayor and Recorder for the time being shall be two) with the city sheriff and town clerk, to hold and keep a court of record quarterly, or oftener, if they see occasion, for the enquiring, hearing and determining of the pleas and matters aforesaid; and upon their own view, or after a legal procedure in some of those courts, to cause all nuisances and encroachments in the streets of the said city to be removed, and punish the parties concerned, as the laws and usage in such cases shall require.

No. 28.