USA > Massachusetts > History of the early settlement of the Juniata Valley : embracing an account of the early pioneers, and the trials and privations incident to the settlement of the valley ; predatory incursions, massacres, and abductions by the Indians during the French and Indian wars, and the War of the Revolution, &c. > Part 7
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Some of the prisoners made their escape, and others were restored to their friends; but some few of the soldiers were never heard of again, having probably shared the fate of Turner.
One of the prisoners, named Girty, returned in a wounded condition. When he escaped, he was followed by two Indians to the head-waters of Blacklick, where they attempted to re-capture him; but in the fight that followed he slew one of the Indians, and the other ran. He scalped the one he killed, and took his scalp to Augh- wick. The women and children were recovered, by the first exchange of prisoners that took place, in 1757.
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CHAPTER VIII.
ORGANIZATION OF MIFFLIN COUNTY - DISPUTE WITH HUNTINGDON COUNTY ABOUT THE BOUNDARY LINE-RIOT IN LEWISTOWN, ETC.
[NOTE .- It was not the author's original intention to publish any thing of modern occurrence in the Juniata Valley, but to confine himself exclu- sively to its early history ; but several friends in Lewistown made a par- ticular request that we should insert an account of the dispute arising from the boundary question, and the riot of 1791. The latter has been repeatedly published. Still, as it occurred sixty-four years ago, and few, if any, living witnesses of the occurrence are to be found, it may be as well to preserve the record.]
SHORTLY after Mifflin county was formed, in 1789, an attempt was made to run the boundary line,- a proceed- ing which gave rise to great excitement and came very near ending in riot and bloodshed. The bone of conten- tion was a strip of disputed territory claimed by both Huntingdon and Mifflin counties; and we are under the impression that a majority of those residing in the terri- tory in dispute favored the Mifflin county cause. They were mostly Irish; and, since the wars were over and no enemy to fight, were ever ready, with true Irish hospi- tality, to take a brush with their neighbors. Accordingly, when the sheriff of Huntingdon came into the disputed territory to serve a process upon a man, a party congre-
SCENE ON THE RIVER BELOW M'VEYTOWN.
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gated at an Irish tavern, and, lying in wait for the sheriff, arrested and carried him to Lewistown and committed him to jail. He sued out a habeas corpus, and the judge discharged him. Filled with wrath, the sheriff went home swearing vengeance. He soon summoned a posse in Huntingdon, for the avowed purpose of taking his man at all hazards, and proceeded to the disputed territory. The people, aware of his coming, fired signal guns, and soon met in great numbers. The sheriff and his posse fortunately took a different route, which alone prevented riot and bloodshed. The boundary question was soon after settled amicably.
The riot of 1791, however, was a more serious affair. It will be remembered that in those days the military spirit in the Juniata Valley ran very high, though we are free to acknowledge that it has sadly degenerated since then. A gentleman named Bryson had been appointed an Associate Judge by the governor. Previous to his appointment, he held the office of Brigade Inspector; and, in his official capacity, refused to commission two colonels elected by their regiments, but in their stead commissioned two men of his own selection. This he had a right to do under the existing militia law ; nevertheless, the men com- posing the regiments looked upon it as a most unwar- rantable assumption of power in thus setting at defiance the expressed will of the majority, and they resolved that Judge Bryson should not enjoy his office. The following copy of a letter published in a paper in York, Pennsylva- nia, from the district attorney, is a full history of the case :
On Monday, the 12th of September, 1791, the Hon. W. Brown, James Bryson, and James Armstrong, Esquires, met in the fore-
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noon, in order to open the court and proceed to business ; but Thomas Beale, Esq., one of the associate judges, not having ar- rived, their honors waited until three o'clock in the afternoon; at which time he arrived, and was requested to proceed with them and the officers of the court to the court-house. He declined going, and the procession moved on to the court-house, where the judges' commissions were read, the court opened, and the officers and the attorneys of the court sworn in, and the court adjourned till ten o'clock next morning.
About nine o'clock, while preparing business to lay before the grand-jury, I received information that a large body of men were assembled below the Long Narrows, at David Jordan's tavern, on the Juniata, and were armed with guns, swords, and pistols, with an avowed intention to proceed to Lewistown and seize Judge Bryson on the bench, and drag him from his seat, and march him off before them, and otherwise ill-treat him. This information was instantly communicated to Messrs. Brown, Bryson, and Armstrong, the judges, who agreed with me that Samuel Edminton, Esq., the pro- thonotary, Judge Beale, - Stewart, Esq., - Bell, Esq., should, with George Wilson, Esq., the sheriff of Mifflin county, proceed and meet the riotors. And the sheriff was commanded to inquire of them their object and intention ; and, if hostile, to order - them to disperse, and tell them that the court was not alarmed at their proceedings.
Two hours after this the court opened, and a grand-jury was im- panelled. A fife was heard playing, and some guns fired, and immediately the mob appeared, marching toward the court-house, with three men on horseback in front, having the gentlemen that had been sent to meet them under guard in the rear ; all of whom, on their arrival at Lewistown, they permitted to go at large, except the sheriff, whom four of their number kept a guard over. The court ordered me, as the representative of the commonwealth, to go and meet them, remonstrate against their proceedings, and warn them of their danger; which order was obeyed. But all endeavors were in vain, the mob crying out, "March on ! march on! draw your sword on him ! ride over him!" I seized the reins of the bridle that the principal commander held, viz., - - Wilson, Esq., brother of the sheriff aforesaid, who was well mounted and well dressed, with a sword, and, I think, two pistols belted around
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him; a cocked-hat, and one or two feathers in it. He said he would not desist, but at all events proceed and take Judge Bryson off the bench, and march him down to the Narrows, to the judge's farm, and make him sign a written paper that he would never sit there as a judge again.
The mob still crying out, "March on! march on !" he drew his sword, and told me he must hurt me unless I would let go the reins. The crowd pushed forward and nearly pressed me down ; one of them, as I learned afterward, a nephew of Judge Beale, presented his pistol at my breast, with a full determination to shoot me. I let the reins go, and walked before them until I arrived at the stairs on the outside of the court-house, when Judge Armstrong met me, and said, "Since nothing else will do, let us defend the stairs." We instantly ascended, and Mr. Hamilton, and the gentlemen of the bar, and many citizens ; and the rioters, headed by William Wilson, Colonel Walker, and Colonel Holt, came forward, and the general cry was, "March on, damn you ; proceed and take him !" Judge Armstrong replied, "You damned rascals, come on; we will defend the court and ourselves ; and before you shall take Judge Bry- son you shall kill me and many others, which seems to be your inten- tion, and which you may do !" At this awful moment, one Holt seized Judge Armstrong by the arm with intent to pull him down the stairs, but he extricated himself. Holt's brother then got a drawn sword and put it into his hands, and damned him to run the rascal through ; and Wilson drew his sword on me with great rage, and young Beale his sword, and cocked his pistol, and presented it. I told them they might kill me, but the judge they could not, nor should they take him; and the words "fire away !" shouted through the mob. I put my hand on his shoulder, and begged him to consider where he was, who I was, and reflect but for a moment. I told him to withdraw the men, and appoint any two or three of the most respectable of his people to meet me in half an hour and try to settle the dispute. He agreed, and with difficulty got them away from the court-house. Mr. Hamilton then went with me to Mr. Alexander's tavern, and in Wilson and Walker came, and also Sterrett; who I soon discovered to be their chief coun- sellor.
Proposals were made by me that they should return home, offer no insult to Judge Bryson or the court, and prefer to the governor
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a decent petition, stating their grievances, (if they had any,) that might be laid before the legislature; and that, in the mean time, the judge should not sit on the bench of this court. They seemed agreed, and our mutual honor to be pledged; but Sterrett, who pretended not to be concerned, stated that great delay would take place, that injuries had been received which demanded instant re- dress, and objected to the power of the governor as to certain points proposed. At this moment young Beale and Holt came up, the former with arms, and insisted on Wilson's joining them, and broke up the conference. I followed, and on the field, among the rioters, told Wilson, " Your object is that Judge Bryson leave the bench and not sit on it this court." He and Walker said "Yes." "Will you promise to disperse and go home, and offer him no in- sult ?" He said, "Yes;" and our mutual honor was then pledged for the performance of this agreement.
Mr. Hamilton proceeded to the court, told the judge, and he left his seat and retired. I scarce had arrived until the fife began to play, and the whole of the rioters came on to the court-house, then headed by Wilson. I met them at the foot of the stairs, and told them the judge was gone, in pursuance of the agreement, and charged them with a breach of the word and forfeiture of honor ; and Walker said it was so, but he could not prevail on them. Wilson said he would have the judge, and attempted going up the stairs. I prevented him, and told him he should not, unless he took off his military accoutrements. He said he had an address to present, and complied with my request, and presented it, signed "The People." Young Beale, at the moment I was contending with Wilson, cocked and presented his pistol at my breast, and in- sisted that Wilson and all of them should go; but on my offering to decide it by combat with him, he declined it; and by this means they went off swearing, and said that they were out-generalled.
The next day, Colonel M'Farland, with his regiment, came down and offered to defend the court, and addressed it; the court an- swered, and stated that there was no occasion, and thanked him.
Judge Bryson read a paper, stating the ill-treatment he received, and mentioned that no fear of danger prevented him from taking and keeping his seat; but that he understood an engagement had been entered into by his friends that he should not, and on that account only he was prevented. The court adjourned until two
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o'clock that day, and were proceeding to open it, with the sheriff, coroner, and constable in front, when they observed that Judge Beale was at the house of one Con. They halted, and requested the sheriff to wait on him and request him to walk with them. He returned, and said the judge would not walk or sit with Bryson, and addressed Judge Bryson with warmth, who replied to it in a becom- ing manner. The sheriff struck at him, and kicked also. Judge Armstrong seized the sheriff, and commanded the peace, and took the sheriff's rod from him; the coroner took his place, and the sheriff was brought up before the court. I moved he might be committed to gaol; and his mittimus being writen and signed, the court ordered the coroner and gaoler to take him, and he sub- mitted. The court adjourned. After night the drum beat, and Holt collected about seventy men, who repeatedly huzzaed, crying out "liberty or death ;" and he offered to rescue the sheriff, but the sheriff refused. At ten o'clock at night I was informed ex- presses were sent down the Narrows, to collect men to rescue the sheriff, and Major Edmiston informed me he was sorry for his con- duct, and offered to beg the court's pardon and to enter into re- cognisance. I communicated this to the Judges Brown and Armstrong, and requested they would write to the gaoler to per- mit him to come down. They did, and the sheriff came with Major Edmiston, begged pardon of every member of the court but Judge Bryson, who was not present, and entered into recognisance to appear at next sessions.
The next day near three hundred were assembled below the Nar- rows, and I prevailed on some gentlemen to go down and disperse them; and upon being assured the sheriff was out of gaol, they re- turned to their respective homes, and the court have finished all business. Nothing further requiring the attendance of the grand- jury, the court dismissed them and broke up. I must not omit to inform that Judge Beale had declared, during the riot, in court, that he would not sit on the bench with Judge Bryson, and that both he and said Stewart appeared to countenance the rioters, and are deeply concerned. .
I must now close the narrative with saying that, owing to the spirit and firmness of Judge Armstrong and the whole of the bar, I was enabled to avert the dreadful blow aimed at Judge Bryson, and to keep order and subordination in court; and unless the most
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vigorous measures are exerted soon, it will be impossible ever to support the laws of the State in that county, or punish those who dare transgress.
The excise law is execrated by the banditti; and, from every in- formation, I expect the collection of the revenue will be opposed.
I am happy to add, the dispute, which originated by a mistake, between Huntingdon and Mifflin counties, is happily closed in the most amicable manner, without any prosecution in Mifflin.
I am, sir, your most obedient, JOHN CLARK, Dy. St. Attorney.
To THOMAS SMITH, Esq., President of the Court of Mifflin county.
The following is another account of the affair, and evi- 'dently written by a friend of the offending judge :-
Carlisle, September 21.
At a period when the general voice of the people proclaims the excellence of the Federal Government, and the State of Penn- sylvania in particular is anticipating every blessing from a Con- stitution so conformable to it, an alarming sedition, together with a most daring turbulent temper, has unhappily manifested itself in the county of Mifflin.
The Governor has lately appointed Samuel Bryson, Esquire, second Associate Judge of the Court of Common Pleas of that county. This gentleman, having been Lieutenant of the county of Mifflin, had excited the determined enmity of two men who were ambitious of being colonels of militia, and against the commis- sioning of whom (as unfit persons) Mr. Bryson, as County Lieutenant, had made representations. Enraged at the promotion of Judge Bryson, and unhappily yielding to the impulse of the most unjusti- fiable passions, one William Wilson, brother to the sheriff of Mifflin county, and one David Walker, levied a considerable force, and marched at the head of about forty armed men, with a fife playing, to Lewistown, with the avowed determination to seize upon the person of Judge Bryson whilst on the bench, drag him from thence, oblige him to resign his commission, and compel him to march many miles along the rugged Narrows of Juniata River.
Secresy marked this unexampled treasonable riot. It was not known at Lewistown until about an hour before the insurgents appeared. Justice Stuart, who had been lately commissioned, and
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who is a very worthy man, had been imprisoned in the morning by four men who belonged to the party of the rioters. They attempted to make him engage his word that he would not give information; but he refused. Ignorant of the private movers of this daring and turbulent procedure, it was agreed by Judges Brown and Armstrong, and other gentlemen, to request the sheriff of the county and Judge Beale, who were presumed to have influence over them, to- gether with the prothonotary of the county, to represent the ille- gality and imprudence of their conduct, and prevail on them if possible, to return. No advantage has been derived from this step. Mr. Edmiston, the prothonotary, was insulted; the sheriff was taken into a mock imprisonment; and Judge Beale soon after adopted a part which evinced that little real exertion could have been expected from him in quieting this disturbance.
The court was sitting when this armed force, levying war against the State, with a fife playing, marched resolutely forward. At this juncture Judge Bryson asked Judge Beale if it was not likely they would stop; to which the other replied that they never would whilst such a rascal sat upon the bench.
Mr. Clark and Mr. Hamilton, two attorneys of the court, at the desire of some of the judges, remonstrated with Mr. Wilson, who was on horseback and within a few paces of the court-house, at the head of the troops, respecting his conduct. Mr. Wilson was dressed in a military style, with a cockade in his hat, and was armed with a horseman's sword and pistols. He declared his intention was to oblige Mr. Bryson to resign his commission and go down the Narrows with him and his men. He was warned by the gentlemen of the danger of the attempt; he observed that nothing would divert him from his purpose, and immediately drew his sword and marched to storm the court-room, where Judge Armstrong and others were stationed at the door. The two gentlemen who had addressed Wilson ran to the steps in front of the force, where they found a number of persons on the stairs. The rioters followed, with a cry of "Liberty or Death !" Mr. Armstrong halloed out repeatedly, " Villains, come on, but you shall first march over my dead body be- fore you enter." This resolution, seconded by the circumstance of the gentlemen above mentioned, and a number of other persons, keeping their ground on the stairs, (although once or twice some called to the rioters to fire,) seemed to stagger the resolution of
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Wilson. At this moment a gentleman proposed to him that if he would disarm, he might have admittance into the court-room. To this he seemed immediately to accede. The troops were filed off to a short distance. It was then agreed that a meeting should take place in half an hour with the leaders of the party. Messrs. Clark and Hamilton, with the assent of some members of the court, met Messrs. William Wilson, David Walker, and William Sterrett, who appeared on behalf of the rioters. Entertaining hopes of preserv- ing the person of Mr. Bryson from injury, it was thought prudent to promise, if the party would disperse, that Mr. Bryson would not sit during that week on the bench. During this conference, Mr. Wilson offered no other charge against Mr. Bryson but what re- spected the militia commissions for him and Mr. Walker ; but it was not until after much discourse that the leaders of the troops could be convinced that an extorted resignation would not avail. When they saw the futility of this idea, it was long insisted that Mr. Bryson should go with them down the Narrows.
Mr. Wilson, in contravention of the agreement, marched the troops to the court-house. In the meantime, Judge Bryson had sent for a horse and effected his escape. It was then Mr. William Sterrett exclaimed, with an oath, "We are out-generalled !"
An address was presented by Mr. Wilson to the court, who went in unarmed, signed "The People." It was in the hand- writing, as is supposed, of Mr. Sterrett. It congratulated the other judges upon their appointments, but mentioned and avowed their design in coming armed to the court to force the dismission of Judge Bryson. Mr. Beale, one of the most active of the rioters, armed with a sword and pistols slung around him, wished to force his way into the court-room, but was prevented by Mr. Clark. Four armed men surrounded the person of the sheriff. Under this delusive imprisonment, all intercourse of conversation with him was prohibited. In the evening, the rioters departed in a turbulent, straggling manner, generally intoxicated. At night, one Corran, who had been very active in raising men, was drowned, together with his horse, in a mill-dam, about one mile and a half from the town.
About twelve or one o'clock the next day, Judge Bryson re- turned. Soon afterward, Col. James McFarland, with about seventy militia on horseback, appeared in support of the court and
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the laws. At three o'clock, Judges Brown, Bryson, and Arm- strong, preceded by the sheriff, prepared to open the court. The sheriff was sent with a message to Judge Beale, informing him that the judges waited for him to join them in proceeding to the court- house. His reply was that he would not go whilst Mr. Bryson was with them. The judges had not walked more than a few paces, followed by the attorneys and citizens, when the sheriff, with his rod of office in his hand, suddenly stopped, and demanded of Mr. Bryson if he had said any thing injurious of him. Mr. Bryson made a very moderate reply; notwithstanding, he was immediately assaulted by the sheriff, and received a kick in the same leg which had been shattered by a ball at the battle of Germantown. The sheriff was immediately taken into custody. The coroner received the sheriff's rod, and undertook to go before the judges to court. There the sheriff refused to give any recognisance for his appear- ance at the next court, and was therefore committed to jail.
Colonel McFarland presented an address to the judges on behalf of himself and the militia under his command, mentioning his ab- horrence of the proceedings which had taken place, and offering, at the hazard of their lives, to protect the court. To which the fol- lowing answer was returned :-
"The judges of the Court of Common Pleas of the county of Mifflin are very sensible of the laudable zeal of Colonel McFarland and the militia now under arms, subject to his command, in support of the laws and government of Pennsylvania, and particularly for the purpose of protecting this court from injury and insult. They trust that the daring mob who, being armed, assembled yesterday and assaulted the court, threatening the lives of the members, are now too conscious of the magnitude of their offence and the spirit of the citizens of this county to repeat their attack. Measures are pre- paring to vindicate the dignity of our insulted laws, and to bring to a just punishment the atrocious offenders and their abettors, who have brought disgrace upon the county and trampled upon the most sacred rights of the community. The court, therefore, sir, return you thanks for the support which you and the militia under your command have with so much alacrity brought to the aid of the ad- ministration of justice in this county ; but being of opinion that all danger from these infatuated men has ceased, we do not think it necessary that your attendance should be longer continued."
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After which Judge Bryson, standing at the bar, spoke the fol- lowing words :-
"Fellow-citizens :-- It is not my intention to resume my seat on the bench during this term. I do not decline it from any appre- hension of the mob who yesterday assaulted the court and marked me for their vengeance. Supported by my country, by every virtu- ous citizen, and a consciousness of my integrity, I have nothing to fear; but understanding that some gentlemen, anxious for my personal safety, entered into an engagement with the leaders of the banditti that I should not sit as judge during this court, my respect for these gentlemen is my sole and only motive for making this declaration."
Colonel McFarland, after this, thanked the militia in the fol- lowing terms :-
"Colonel McFarland returns his thanks to the militia of his regiments who now attend in support of the laws of their country. He is particularly indebted to Captain Robert Johnston and Cap- tain John Brown, for their extraordinary vigilance in collecting the men of their respective companies upon a notice given to them so late as last night after twelve o'clock. He has no doubt but that the same zeal which has distinguished the militia under his com- mand upon this occasion will always be as honorably manifested, should this county ever be so unhappy as to be disgraced by & similar necessity."
Soon after which, the militia, having been discharged by the court, returned home.
The evening of the day was replete with alarms. One Holt, who thought he had cause of complaint respecting a militia com- mission, assembled a body of men to the amount of about forty. They paraded a considerable time with sound of drum. At length, at eight o'clock, they appeared before the prison-door, with an intention to break it and enlarge the sheriff. Mr. Sterrett then appeared, and informed them that the sheriff thanked his friends for their intention to serve him, but this is not a proper period; or words to that effect.
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