Source:Fleming-insurrection/content
WE HAVE had lately in these columns considerable of the history of this region, evolved from the consideration of the historic family names, Craig and Neville. All has not been told. Some additional history is presented today and the story of a leading case, whch [sic] quieted the title to Neville Island or Neville township, the island and township being co-extensive.
The previous articles concerning the Craigs and Nevilles necessarily dwelt upon their part in the whisky insurrection that disturbed our first president, the father of his country, and we are not to be proud of many facts of history necessarily presented, but they were highly pertinent to the biographies of the men under consideration from the standpoint of their just commemoration in geographical and street names.
A real, active, acknowledged rebellion against the brand-new government of the United States was the whisky insurrection in our midst which culminated in the bloodshed at Neville's. No wonder our friends south of Mason and Dixon's line could once ask in derision:
"How about that rebellion in Allegheny county, Pa., in 1794?"
However, two and any number of wrongs never make a right, and the whisky insurrection was treason if there is anything in the constitutional definition of that term—"Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, etc."
Real Civil War.
If our "fellow citizens" of 121 years ago did not levy war why the army sent do put down the insurrection—a real army under Gen. Daniel Morgan? And why Washington himself on the way here in his capacity as commander-in-chief of the army and navy of the United States?
Nice (?) yet veracious history is awakened by the consideration of the biographies of the Nevilles, Craigs, Butlers, Kirkpatrick and other familiar Pittsburgh names! And in that history we catch glimpses of the laurel that is the crown of fidelity, and none wore it more becomingly and with greater honor than Gen. John Neville, Gen. Presley Neville, his son, Maj. Isaac Craig, his son-in-law, and Maj. Abraham Kirkpatrick, his brother-in-law, all heroes of the Revolution, "loyal, brave and true," to quote a phrase we used to sing in the Civil War days.
We must add the names of Marshal David Lenox and Maj. Thomas Butler to the list. We can readily believe that the whisky insurrection made and unmade some reputations.
There is extant a brief biography of Gen. Presley Neville stating he was born in Pittsburgh in 1756. We find the name sometimes spelled with one "l," and also without the final "e." The signature of the Nevilles do not show the final "e." To those of us who are used to this form "Nevill" looks as bobtailed as "Pittsburg." How the final vowel came is not to be ascertained now. In our language many common words have been transformed.
This misstatement as to the place of Presley Neville's birth is on a par with another about Pittsburgh and in a standard history also: That Capt. Simeon Ecuyer commanded the Indians during Pontiac's siege of Fort Pitt in 1763. There is no controversy concerning the fact that Ecuyer, a countryman of Henry Bouquet, serving likewise in the British army, was in command of the garrison at Fort Pitt in those perilous days, and that he became famous for his heroic defense until relieved by Bouquet immediately after the battle of Bushy Run.
Such errors are unwarranted, but if one were to go into all the misstatements printed in Pittsburgh history, he would be assured of a busy time.
Curious Craig Relic
One of the curious relics of Maj. Craig's incumbency of the office of burgess of Pittsburgh is preserved in the Carnegie Library. It reads:
$700. Borough of Pittsburgh.
To Messrs
William Anderson
Robert Magee
Supervisors
Joseph Davis
John Ferree
AssessorsIn pursuance of a resolution of the Corporation of the eighth instant, you are hereby directed and required to proceed immediately to assess a tax on the real and personal estates of the inhabitants of this Borough, which shall amount to the sum of Seven Hundred Dollars, and the Supervisors are forthwith to collect the same which is to be applied under the direction of the Corporation, to repairing, cleaning and improving the streets and alleys etc. of the Borough, and discharging the debts contracted by the corporation during the last year etc. and for doing so this shall be your warrant.
Given under my hand and seal of the Corporation at Pittsburgh, this tenth day of July, in the year of our Lord one thousand eight hundred and two, and of the United States the twenty sixth.
Isaac Craig
Chief Burgess.
The borough seal, a curious work of art and the only one extant, is attached to this quaint proclamation.
One of the pictures of the blockhouse presented in last Sunday's story show [sic] its condition in 1785, two years before Neville B. Craig was born, or about the time Maj. Isaac Craig acquired the property and built the addition. The picture of the building, of date 1832, is to be found in the volume issued by the city of Pittsburgh in 1874, when the building we call Municipal Hall was dedicated.
Neville B. Craig seems to have lived in different sections of the city. Isaac Harris' General Business Directory of Pittsburgh, 1841, has this line:
Craig, Neville B., Editor of the Daily Gazette, office cor. Market and Diamond, d. h., cor. Penn and Marbury.
Marbury was later Third street.
In his last years Mr. Craig resided in the Bellefield district. We find in the Pittsburgh directory of 1859–60, the line:
Neville B. Craig, gent, Corner of Allegheny Avenue and Fayette, A.
This means Allegheny, but in the directory of 1860–61 the residence is:
Boards Penna Ave., E. P.
East Pittsburgh, that is beyond Oakland, is meant.
Once Virginia Territory.
The story of Neville Island involves much history, not only secular but legal. In that story the fact is brought out that it was adjudged Virginia territory by the highest court in the land. Perhaps this statement must be qualified to read, that the title acquired under Virginia laws and procedure stood and the Pennsylvania title was void.
In what manner and when the historic name Montour was dissevered from the island is not apparent. The name Neville probably supplanted it after the establishment of a township form of government.
Old records always refer to the island under the name Montour, a commemoration of a noted half-breed, Capt. Andrew, or Harry Montour, whose name is still retained in Montour Run. The records in the litigation regarding the title always called the island Montour's.
The litigation seems to have been widely known in Virginia, and the island well advertised. Early voyagers down the Ohio have more or less mention of the island.
Lee Impressed With Island.
Thus Arthur Lee in his journey in 1784, when he spoke so slightingly of Pittsburgh, was favorably impressed with the island and records in his journal: "Four miles down the Ohio brings you to Montour's Island, which is six miles long and about a half a mile broad on an average and contains some 2,000 acres of very good land, the greatter [sic] part of it never overflowed. The Assembly of Pennsylvania gave to Gen. Irwin (Irvine) a right to pre-emption to this island. They were moved to do it by an old and influential Presbyterian minister who, with great gravity, assured them he knew it and that it contained about 150 acres. The property is now contested between Gen. Irwin, Col. Neville and Col. Simms of Alexandria. The next place is Loggstown, etc."
The correction of the name is by the writer hereof. Neville B. Craig records this extract from Arthur Lee in the "History of Pittsburgh." Lee was returning from the meeting at Fort Stanwix, N. Y., when the Indian title to all their remaining claims in Pennsylvania was extinguished. Lee was one of the commissioners to treat with the Iroquois, or Six Nations, there assembled. He wrote considerable about the Pittsburgh of that day and predicted, "The place, I believe, will never be considerable." Mention of this recalls the fact that Lee's slander of Pittsburgh still finds place in history. This prediction is lost in antiquity. It is not strange, though, that so prominent a Virginian as he should know of the suit involving the title to the island. Much depended on that decision. It came 15 years later.
We may yet rejoice that Lee was pleased with the island if he was disgusted with our little old Pittsburgh—Pittsburgh in embryo—and undoubtedly a poor embryo.
Neville Island is the largest island in the Ohio River. It is approximated only by famous Isle D' Beau of Blennerhassett. Neville Island is about five miles long, averaging in width three-eighths of a mile. Its total area is nearly two and a half square miles, or 1,500 acres to be more exact. The island is an alluvial deposit and hence most fertile. Its fine soil was early seen to be well adapted to the growth of both vegetables and fruits, and for many years it was the garden spot par excellence of Western Pennsylvania. Its surface is generally level and the highest point above the river at an ordinary stage about 30 feet. It is not known to have been submerged in the highest freshets.
The island has had many names. In colonial times it was called Montours Island, later Long Island, and in the last few decades has been commonly known as Seven Mile Island, and very frequently just "The Island." It has been included in the limits of four townships successively, Moon, Fayette, Robinson and Ohio. On December 3, 1856, after proceedings extending nearly three years, it was erected a separate township under the name of Neville, from Gen. John Neville.
Owned by Distinguished Persons.
The ownership of the island has at times been vested in persons of distinguished character. At the close of the Seven Years War, the French and Indian War in America, at the peace of Paris in 1763, among those who became entitled to land granted by proclamation of George III was a field officer of the British army, of the rank of major, named William Douglass, whose apportionment was 5,000 acres of land, and a warrant was issued for part of it on Montours Island. Douglass conveyed his title and interest to Col. Charles Sims of Alexandria, Va., who conveyed portions of the island to John Neville and John Harvie, for whom Col. William Crawford made the surveys in 1776. (?) At the close of the Revolution the Supreme Executive Council of Pennsylvania granted the island to Gen. William Irvine, a former commandant at Fort Pitt, in consideration of his services in that war. An action in ejectment was begun by Sims, and the long legal struggle ensued. It was contended among other things in behalf of Gen. Irvine that the grant to Douglass was in violation of the treaty of Fort Stanwix of 1784, hence the grant to Douglass was null and void.
A quaint legal report contains the records of this celebrated case, the old-time typography, set close, the long "S" and the liberal use of italics making the book an object of curiosity to the printing craft. The old yellow pages and frequent foot notes tend also to thoughts of the olden time. The case is reported in full in Third Dallas, beginning at page 425, and 41 pages follow, the decision taking up but a page, the rest the records and pleadings in the case.
Eminent Attorneys Engaged.
The correct title of the suit is Sims, lessee, vs. Irvine, and it was decided May 28, 1799, in the Supreme Court of the United States on error from the Circuit Court of Pennsylvania. The most eminent attorneys of the day appeared. Gen. Irvine, the plaintiff in error, as the party "taking the case up" was then designated, was represented by ⸻ Lewis, Edward Tilghman and Alexander J. Dallas, the other side by ⸻ Lee, Jared Ingersoll and William Rawle. Most of these names have a distinct Philadelphia appearance. Dallas was the reporter and father of George Mifflin Dallas.
In the court below a special verdict was rendered by consent in favor of Sims, which recites all the facts in the case, the compact between Pennsylvania and Virginia, and all the Pennsylvania and Virginia matters of record. The opinion of the Supreme Court was delivered by Chief Justice Ellsworth. The court then, John Adams, president, was composed of five judges, the others being Cushing, John Iredell, Paterson and Bushrod Washington. Judge Iredell was ill and died shortly afterward. However, he was able to find in Sims' favor and filed a long opinion on entirely different grounds than the chief justice. The history of the case is interesting and it may be necessary to refer to the proceedings in the lower court also.
About 800 acres of land were involved. The proclamation of the king "commanded and empowered" the governors of the several colonies and provinces in North America to reward the officers and soldiers who had served in the French and Indian war to the end with grants of land. William Douglass had so served in a regiment from the colony of New Jersey. Five thousand acres was the prescribed allotment of a field officer. The entire allotment Douglass assigned in 1779 for a valuable consideration, viz. 100 pounds sterling to Charles Sims, a citizen of Virginia. Sims as assignee of Douglass in May 1780, received from the register of the Virginia land office a military warrant for 5,000 acres, which it was asserted he delivered to the surveyor of Yohogany county with the directions to that officer that it be entered and located in several parcels, one of which was to be Montour's Island. The book of Virginia entries in the Land Department of Pennsylvania contains the following: "Charles Syms, military warrant, 5,000 acres, Racoon."
Of the 5,000 acres, 3,002 acres were located on Racoon Creek, now Beaver county, and were surveyed without objection and in 1794 were patented to said Sims.
The Pennsylvania title was vested in General Irvine, a distinguished soldier of the Revolution, then in command at Fort Pitt, who had rendered valuable service to the state while in that command. The grant was by an act of Assembly passed September 24, 1783. The act is entitled, "An act to grant the right of pre-emption to an island known by the name of Montour's Island in the Ohio River in Brigadier General William Irvine."
Eighty Cents an Acre.
The requirements of the act of September 24, 1783 were fulfilled and General Irvine having paid into the Receiver General's office the sum of £283, 13 shillings and 6 pence, the cost of the island at the rate of £30 Pennsylvania currency per 100 acres (80 cents per acre), received his warrant. Sims relied on the valid assignment of Douglass' title and in the court below the jury found a special verdict, in which all the facts in the case, together with all the laws of both states relating to land grants are fully set forth, and on that finding an appeal was taken to the Supreme Court of the United States. Irvine's counsel contended that the assignment to Sims by Douglas [sic] was invalid under the laws of Virginia, but it was held that a military right to land "acquired under a royal proclamation in 1763 was assignable by the laws of Virginia to an inhabitant of that state," also that "Obtaining a warrant on such a right and locating it, gave the assignee an equitable right, which was confirmed by the compromise between Pennsylvania and Virginia."
Survey Admitted.
A finding of the jury was that Presley Neville and Matthew Richie, the deputy surveyors for Washington county, had received from the Surveyor General's office the return of the survey of the list of entries, which contained an entry of the land claimed by Sims, and that April 18, 1787, they surveyed Montour's Island, and returned the survey to the Surveyor General's office, "the return of the survey setting forth that it was made for Charles Sims, assignee of William Douglass, and under the Virginia warrant, entry and location." "The fact that a survey had been made and returned, was admitted, but in addition to the general prohibition to surveying islands in the Ohio River, it was objected to on the ground that the defendant had procured an actual survey of the island as early as 1783, while the plaintiff never attempted to procure a survey under his right until 1787, which survey, it was contended, could not divest the defendant's previous possession." Another objection to the survey by Sims, was that the island being in the Ohio River, formed no part of Washington county and was not within the limits of the district of the deputy surveyor, and was therefore unauthorized by the laws of Pennsylvania, which confined deputy surveyors to their respective districts.
Survey Is Missing.
It was however held by the higher court that the survey for Sims was legal. It may be remarked in this connection that the survey to which reference is thus made, cannot be found among the records of the Department, though there is evidence that such a survey was actually made and returned. Other objections were urged against the right of Sims, but the decree of the court was in his favor, and Gen. Irvine was compelled to surrender his title to Montour's Island. To indemnify him for his loss, the Pennsylvania Legislature by act granted him a state reservation of 2,000 acres, that had been surveyed at the mouth of Harbor Creek on Lake Erie, in Erie county.
Islands in the great rivers of Pennsylvania have never been the subject of appropriation, hence not open to settlement on the same terms with fast land generally. They could be settled only on agreed terms. The act of April 8, 1785, in section 13, defining how these islands "may and shall be sold, which was by public sale." Or otherwise by special order of the president or vice president in council for the best prices that could be gotten, concludes, "And all occupancy, and every survey, claim or pretense for holding the same islands, or any of them by any other title, shall be utterly void, saving always the pre-emption heretofore granted to William Irwin, Esq., of Montours Island in the River Ohio, and other pre-emption rights heretofore granted by law."
Note the common misspelling of the name Irvine.
In spite of all favorable legislation Gen. Irvine lost the beautiful island. There are other reservations in his favor in the land laws of the commonwealth.
Irvine Native of Ireland.
William Irvine, not Irwin as the old statute has it, was one of those sturdy characters to whom the colony and Commonwealth of Pennsylvania owed much. He was a native of Ireland, of Scotch descent, a graduate of the University of Dublin. After serving seven years as a surgeon in the British navy, for which profession he had been educated, he came to Pennsylvania and settled for practice in Carlisle, where he attained local eminence and some degree of fortune. He was a patriot from the beginning of the colonies' troubles with the crown and had long and severe services during the Revolution. He arrived at Fort Pitt about November 1, 1781, and remained until after the declaration of peace. He was about 40 years old on arrival here, and is acknowledged by historians to have been the most capable and accomplished officer in command of the Western department during the war. After the war he returned to Carlisle. He served in Congress, 1793–1795. He is the same Irvine with whom Washington corresponded, and was one of the five commissioners appointed to treat with the whisky insurrectionists. He made many surveys in Western Pennsylvania and his report to Gov. John Dickinson as agent of the state on the donation lands can be found in the Pennsylvania archives. It has been reprinted by Judge Agnew and referred to by other local historians. Gen. Irvine died in 1804. We have an Irvine street in Pittsburgh.
Title Thoroughly Examined.
The whole subject of the title to Montours Island has been thoroughly looked into by the Secretary of Internal Affairs of Pennsylvania and embodied in his report for 1895. Outline maps are there reproduced of the Virginia claims in Western Pennsylvania and the Virginia counties of Monongahela, Yohoghany and Ohio. These were made by Presley Neville and Matthew Ritchie, deputy surveyors. The general title of this matter is "The Disputed Territory Between Pennsylvania and Virginia and Land Titles Therein." The year of these surveys is 1785.
The section quoted above is No. 55 in the Pennsylvania authority commonly known as "Brightleys Purdon's Digest," under the head "Land Office," which defines how islands within the beds of the Ohio, Allegheny and other rivers were to be sold.
The statement that Col. William Crawford surveyed the island for Neville and Harvie in 1776 is surely an error, but it is found in Warner's History of Allegheny County in the section pertaining to Neville township.
If the island was surveyed by Crawford it was prior to 1782, for in that year Crawford was burned at the stake by the Northwestern Indians.
The magazine of Fort Pitt stood until 1850. It was on the upper part of the site of the old Duquesne Freight station. The picture shown today was made just before it was demolished. It was a mere vault of stone, with nothing particular striking in appearance. We all know it fulfilled its purpose.
