Misca, F.E..
Eight Years' Sufferings.
Kew York» 1838.

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YALE
UNIVERSITY LIBRARY

F. E. JilSCA'S
EIGHT YEARS' SUFFERINGS:
HUMBLY DEDICATED TO HIS EXCELLENCY,
GOVERNOR RITNER,
Of Pennsylvania,
AND HER PRECIOUS FRIENDS, THAT HAVE HELPED HER
IN HER DIFFICULTIES.

PETITION.
Neiv-YorJi, February 8, 1838.
Sir, The subscriber most respectfully begs
leave to petition your excellency for the remis
sion of the payment of a sum of money due the
Commonwealth of Pennsylvania from your pe
titioner, as prosecutrix on an indictment in
Northampton county, accruing under the fol
lowing circumstances:
The subscriber, an unmarried female, without
any heirs or relations, being the owner of two
tracts of land situate near Maunch Chunk, in
said county, containing together about one hun
dred and sixty acres of rich and fertile soil, con
veyed the same to George Douglass, of the
city of New- York, for the purpose and from the
motives stated in the accompanying printed
paper, reserving to herself .the use of a large
portion thereof for life. Her farm was well
stocked and attentively cultivated under her
supervision, by some people hired for that pur
pose. But the disposition of the reversion of
her valuable property, and her exertions against
vice, drew upon her the ill-will of some igno-
norant, selfish and infidel neighbours. During
a temporary absence for the purpose of collect
ing funds to finish the building of a place of
worship, her premises were trespassed upon,
and her property illegally appropriated by

others. Upon her return home she caused one
of the offenders t j be indicted, but he was ac
quitted, and the costs of the prosecution ad
judged against your petitioner.
Having no funds of her own to pay them
with, an execution has been issued against her,
but the same, on account of your petitioner's
absence, has not been executed. A number of
law suits, resulting from the above mentioned
illegal proceedings, are now pending in North
ampton county, and your petitioner's presence
is necessary for the purpose of seeing her rights
protected. But the fear of being arrested on the execution
in favour of the Commonv.^ealth is an obstacle to
her return home, and for a removal of that ob
stacle, she trusts to your Excellency's kind
ness, benevolence, and Christian mercy.
Humbly submitted, by your
Excellency's very respectful
and humble servant,
FREDERICA MISCA.
To His Excellency Joseph Ritner, >
Governor of Pennsylvania. )

We, the subscribers, respectfully recommend
to Gov. Ritner a favourable consideration of
Miss Misca's application.
New- York, Feb. 8, 1838.
James A. Willoughby, Esq. Brookhjn,
Rob't. Halliday, Esq ,
Rev. Thos. De Witt, D.D.,

Rev. John Knox, D.D.,
Rev. W. C. Brownlee, D.D.,
Rev. M. S. Hutton,
D.Atkins, M.D.,
Aaron Clark, Mayor of Nerv-York,
John T. Mackie, Merchant,
J. Boorman,
Sandford Cobb, Jr.,
James B. Wilson,
Matthias Hallstead,
B. M. Hallstead,
Lewis Tappan,
Wm. E. Whiting,
Wm. Kelly,
Elias Nexsen, Esq.,
A. Bigelow, Merchant, '^
A. R. Wetmore, "
Wm. H. Halstead, "
Sam'l. Boyd, Attorney at Lam,
Louis Loutrel, Esq.,
Francis Markoe, Merchant,
Hector Craig, Surveyor of the Port,
A. B. Vanderpool, Surveyor of the Port,
James Westervelt,
Alex. Bleecker,
A. S. Depeyster,
Edward Cooper,
John M. Patterson,
Rob't Dumont,
Thos Kirk,
O. Cobb, Inspector of First Ward,
J. W. Higgins,
Thomas S. Doremus, Merchant,
John Limberger.

STATEMENT.
Miss MiscA has submitted to me the ques
tions whether,
1. The bill of sale hereafter mentioned was
evidence of her acts ; and,
2. Whether, in my opinion, any good title
could be claimed or supported under it.
1. The paper submitted to me is not any bill
of sale. — It is not signed or sealed by Miss
Misca. — It does not purport to be her act.
All it purports to be is a receipt from Heinrich
Bany, wherein it is declared he received from
Frederica certain articles in payment of a debt.
That paper is not per se evidence of any thing.
3. In my opinion no good title can be claimed
or supported under it ; and further, any title
deduced from that paper is fraudulent. I will
state the premises upon which I found my
opinion :
By note dated 14th,— 1837, Frederica Misca
promises to pay Henry Bany $13.08, which
note was given, as'appears from a transcript of
D. Heberling, J. P., in payment of an antece
dent debt then sued on before the Justice.
Suit commenced 7th — summons returnable
14th February, 1837, when the plaintiff ap
peared and withdrew his suit, stating that he
had settled with defendant, and taken a note.
On the 14th a summons was issued upon that
note, returnable 21st Feb. On the 18th, the
plaintiff again appears before the Justice of the
Peace, and says that he has settled with de^-

fendant. Takes up the note about four weeks
afterwards. On the 1st April, 1837, Miss
Misca paid Bany $13, in full of all demands,
and has his receipt for that amount. The paper
said to be a bill of sale is dated Lehighton, 16th
February, 1837, wherein Bany certifies to have
received certain articles from Frederica in pay
ment of his debt. The paper is not signed —
It does not say that it is made by Frederica
Misca — It purports to sell about $100 worth of
cattle and furniture. — It is in three different
handwritings, blotted and interlined, and by the
testimony of Charles Horn, taken before
referees in the case of Misca vs. Gotshalk, it
appears that Bany had sold Gotshalk a cow,
2 goats and hog, the property of Miss Misca,
and for which she recovered judgment. Mrs.
Neiss says she saw Miss Misca give the arti
cles in pledge to Bany.
From these data I arrive at the conclusion,
that the property was pledged to Bany, whose
lien was extinguished on the 1st April, 1837,
and the rights of Bany and his assignees then
ceased. The decision in the suit between Misca and
Gotshalk conclusively determines the right of
the parties in favour of Miss Misca.
The paper itself cannot be any evidence
against Miss Misca.
PHILIP J. JOACHIMSSEN,
Attorney at Law, 85 Nassau-st.
New-York, February 10, 1838.

AGREEMENT.
Now, know ye therefore, that I, the said Fred
erica, for and in consideration of the reasons
herein before related, as well as for the further
consideration of one dollar to me in hand, well
and truly paid at and before the ensealing
hereof (the receipt whereof I hereby acknow
ledge) by George Douglass, gentleman, of th©
City of New- York, in the County and State of
New- York, have granted, bargained, sold and
delivered, and by these presents do grant, bar
gain, sell and deliver unto the said George
Douglass, all the estate herein before described,
as derived by deed from the aforesaid Louis
David Von Schivcinitz and Louisa Amalia his
wife. — To have and to hold the above bargain
and described premises to him the said George
Douglass, his heirs, successors and assigns for
ever, subject however, to the uses, trusts, and
conditions hereinafter mentioned and declared :
that is to say— First : That so much of the premi
ses as shall be necessary therefor, shall from
henceforth be set apart appropriated for and
used for the site of a church, meeting-house, or
place of public worship, and grave-yard attached
thereto, to be erected for the use and benefit of
the denomination or sect of Christians called or
termed " Presbyterians." Second : That so
much more of the premises as shall be neces
sary therefor, shall be set forth and appropria
ted for the site of a school-house, to be erected
in pursuance of the trust hereby created.
Third : That of the residue of the premises, the

8

said Frederica shall, during the term of her
natural life, take the management and control,
and shall use and dispose of the rents, issues
and profits thereof, as she the said Frederica
shall see fit. Fourth: That if the said George
Douglass should outlive the present granter, the
said George Douglass shall constitute and ap
point his successor — but if the said Douglass
should not survive the said Frederica, she the
said Frederica shall name the successor, in the
trust estate, to the end that she may quietly
possess, occupy and use the rents, issues and
profits of the premises herein granted for and
during the term of her natural life. And she
hereby bargains and conveys for the consider
ation herein-before cited, to the said George
Douglass and his successors forever, all the
personal property of which she dies possessed,
for the use and trust aforesaid. Fifth : After
the decease of the said Frederica, the trustee
within named and his successors shall, as soon
as the resources of the premises will permit,
cause the erection of a parsonage, in order to
promote the comfort and provide a home for
such ministers and their families as shall be
called to labour on the premises ; it being the
hope of the within named grantor that at a fu
ture day, the increased value ofthe rents, issues
and profits ofthe premises will be sufficient to
extend the benefits of this grant to all such per
sons as may be engaged in occupying the
premises by teaching and preaching the word
of God, and otherwise instructing, in pursuance
of the objects for which the present grant is

made. Sixth : That the said George Douglass
and his successors forever, shall appoint and
constitute suitable agents and trustees to carry
into effect the design of the grantor, as herein
set forth — or generally to .do all that to him and
them shall be deemed proper and expedient in
carrying into effective operation the design, ob
ject and purposes aforesaid — power hereby
given and confirmed to the said Douglass, and his
successors in this trust forever, to appoint such
agents and trustees as may be deemed neces
sary in the premises, and the same to revoke,
and in their place, or in the place of any one
of them, to provide a substitute whenever good
cause shall present itself to the best Christian
judgment of the said Douglass, and his suc
cessors ; power is also hereby given absolutely
to perform and do all other acts and things in
the premises, by the said trustee and his suc
cessor, as will best promote the objects afore
said. Finally : It is hereby declared, as a con
dition ofthe grant of the premises, and its con
tinuation, that no minister shall ever be per
mitted to preach, or congregation or audience be
permitted to assemble in the church and school-
house, or either of thera, or any where on the
premises,with the intent and design of preaching,
or in any wise teaching, or in any manner wor
shipping, who deny or doubt the divinity of our
Lord and Saviour Jesus Christ, the doctrine of
the Trinity, or the existence of a future and
endless state of rewards and punishments. In
addition to the conditions herein-before declared
and set forth as connected with the perfect va-

10
lidity of the grant herein made, the said Frede
rica hereby declares that the whole of the
premises herein granted and conveyed shall
revert to her heirs, if at any time hereafter a
Tavern, Inn, or house of public entertainment
for hire or compensation, should be established
and continued on the premises. In witness
whereof the said Frederica Misca has hereunto
set her hand and seal, this fourth day of Feb
ruary, in the year of our Lord one thousand
eight hundred and thirty-five.
Signed, sealed and delivered in the pres
ence of
.^. , V JOHN H. MAYHEW,
^^ignea,; ^^ HILLNELLELLE.
Recorded in the office of the recording of
deeds, &c., at Easton, in and for the County of
Northampton, in Deed Book A, volume 6, page
153, &c., the twenty-fourth day of February,
Anno Domini, 1835. Witness my hand and
seal of said office.
(Signed,) CHRIST'N I. HUTTER, Recorder.
Northampton County, ss.
Be it remembered, that on the twenty-
fourth day of February, in the year of our Lord
one thousand eight hundred and thirty-five,
Frederica Misca, the grantor, named in the an
nexed Indenture, appeared before the sub
scriber, one of the Judges of the Court of Com
mon Pleas ofthe said county, and in due form of
law acknowledged the foregoing Indenture to be
her act and deed, and desired the same might
be recorded as such according to law.

11
In witness whereof, I have hereunto set my
hand and seal, the day and year aforesaid.
(Signed,) JOHN COOPER.
I certify' the above to be a true copy.
(Signed,) E. C. HALLIDAY.
TESTIMONY.
This may certify that I was requested by F.
Misca to examine a building commenced by her
for a church, situated near her residence, viz.,
in East Penn township, Northampton County,
and on Saturday last I saw the aforesaid church,
as it is called. I found the basement story of
said church laid up with stone, but by no means
in a workmanlike manner. The timbers, say
joists, guarders, window frames, &c , were
most miserably done, hardly passable for a
common shantee: also, some repairs done to
her house, in which she resides, but I should
certainly think it left in a worse state, if possi
ble, than when it was commenced, though there
appeared to have been a large quantity of lum
ber cut to pieces, and I should say, a total waste
of lumber, nails, &c., for the want of judgment,
or something else. I also saw a quantity of
lumber said to have been worked for said
church, at different places, and should think
the same totally lost — not fit for any thing, fuel
excepted, though it appeared to have been of a
fair quality, previous to its being cut to pieces.
S. T. DODSON.
Affirmed and subscribed before me, the 25th
day of October, 1837. JOAN PNYOR, J. P.

12

J^e)D-York, Feb.il, 1838.
Dear Sis: You must not be offended with me for addressing you on a
subject in which the general interests of religion are concerned, for I
am persuaded you will use powerful efforts for its success and pros
perity. I have conveyed to you a portion of land in Pennsylvania, that it
might be employed for thepurpose of establishing and maintaining the
preaching ofthe gospel of our Lord and Saviour.
In my anxiety to effect the great and benevolent purpose, I have
laboured for years to have a church building and school-house put up
in thai place, and to complete it before I died, and laid my head on the
pillow of earth ; and for this purpose 1 have spent some considerable of
my time, and a great portion of my strength in collecting some funds
from liberal donors, with which I have commenced this great work —
great for men, with efforts combined — how much more then to a lonely
female. — And in consequence of not having a sufficient amountof funds
collected, I have failed in completing it, and subjected myself to such
unpleasant embarrassments, as now distress me greatly.
Whilst endeavouring to fulfil my duties, and to obtain such accom
modations as would enable me to render justice to all engaged in this
work, I have been harrassed by certain individuals around me who are
hostile to my views ; and several suits are now so set up against me,
that I am compelled to leave my habitation, and all my farm and pro
perty exposed to intruders and depredators, and dare not go home for
fear of being arrested for what is comparatively a small debt.
At present I am in the city of New- York, without money, without
home, and dependant on the charitable for daily bread.
Will you not provide me for the short time I may be here to arrange
my affairs, and send some person there to secure the property, so that
it may not be wasted and lost' to my use and comfort, and to the future
interest which is under your care?
Please to send me a kind answer to this letter.
I am, dear sir,
Your sincere friend,
(Signed,) F. MISCA.
1 have got Mr. Philip J. Jpachimssen's, Attorney at Law, opinion,
and if you would authorize him to go to my place, and secure the thing!
there, and arrange them, I have no doubt he will render you entire sat
isfaction. To Georgb Douclass, Esq.,
Douglass Farm.

Pamphlet
uaylord Bros.. Inc
. jilakers
Syracuse, N. Y.
m.M 2), )S08

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