USA > Maryland > Washington County > Hagerstown > A history of Washington County, Maryland from the earliest settlements to the present time, including a history of Hagerstown > Part 15
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"Ordered, That Henry R- be kept under guard of six men until sent to the Council of Safety for trial; but, in case he shall sign the Association, enroll into some company, ask pardon of this com- mittee, and give good security for his good behav- ion in future, to be released.
"Ordered, That the Sheriff of Frederick County obtain a general warrant on his list of public levys and clergy for last year.
"In consequence of the preceding letter (a letter from Daniel of St. Thomas, Jenifer setting forth the needy condition of the people of Boston) from the honorable to the Council of Safety of this Prov- ince, we have, agreeably to their request, furnished them with what quantity of blankets and rugs the inhabitants of this district can with any convenience spare, and a price estimated on them by this com- mittee as follows: (Here follows a list of persons contributing blankets and money. The following are the contributors: )
Wm. Baird, John Parks, Andrew Rench, Simon Myer, Philip Rymeby, Geo. Fry, Felty Safety, Joseph Birely, Richard Davis, Thomas Prather, Ch'n Rohrer, Leonard Shryock, Robert Guthrie, Christian Miller, Jacob Prunk, Jacob Rohrer, Ellen Miller, Chias. Swearingen, Ch'n Eversole, John Ingram, Adam Grimes, Wm. Douglas, Matthias Need, Michael Ott, John Feagen, Jeremiah Wells, Joseph Rench, Zach'h Spires, Matthias Nead, Henry Startzman, George Swingly, George Hoffman, Jacob Brumbaugh, Michael Miller, George Hartle, John Rolter, Christ'n Burgard, Jacob Good, John Rench, John Stull.
"Received of Conrad H. Sheitz forty-four blank-
ets for the use of this Province, which were deliver- ed him by the committe of observation of Elizabeth- Town district.
"Received by me this 12th day of April, 1776. "GEORGE STRICKER."
Col. John Stull received the remaining seven blankets, for the use of the Province. Col. Stull de- livered 112 lbs. Powder (belonging to the public) to Capt. Burger in order to prove the cannon at D. and S. Hughes' Works.
"Ordered, That the said quantity remain in the possession of D. & S. Hughes until this committee gives further order thereon.
"The committee met according to adjournment. Present, Col. Samuel Beall in the chair; Joseph Smith, John Keller, Mich'l Fockler, Wm. Heyser, John Stull, Henry Shryock, A. Rench, Christian Lantz, G. Zwingly, J. Rench, Conrad Hogmire.
"The committee orders that Major Henry Shryock and Capt. Michael Fockler shall receive of Mr. Daniel Heister what money is in his hands, for arms and other necessaries purchased here for Capt. Mich'l Cresap's company, signed and ordered by the com- mittee.
"April the 29, 1776, the committee met according to adjournment. Present, Col. J. Smith, Geo. Swing- ly, S. Hughes, Wm. Baird, John Rench, Sam'l Beall, Jr., C. Swearingen, Ch'n Lantz, Wm. Heyser, Chris- tian Orendorff, John Sellars, John Stull, Conrad Hog- mire, Samuel Beall, Jr., chosen chairman, and James Clark appointed clerk. Appeared Maj. Henry Shry- ock and Joseph Chapline.
"Resolved, That this committee do pay the cleik seven shillings and six pence for each day that he shall attend, and that he consider himself under the ties of honor not to disclose or reveal the secrets of said committee.
"Resolved, That the several returns of the non- enrollers and non-associators be considered [here follow sundry lists of the names of persons who refused to enroll or associate]. On motion, that the committee sit at Sharpsburg once in three times, the committee concurs therewith.
"May 7 the committee met according to adjourn- ment. Members present, Col. S. Beall in the chair; Andrew Rench, G. Chaplin, Henry Shryock, C. Hog- mire, S. Hughes, Wm. Heyser, John Sellars, Chas. Swearingen, George Swingly, John Stull, James Clark, continued as clerk. It was resolved that no personal disputes and reflections should pass in com- mittee. No questions to be put and voted to with- out a motion being made and secondcd. The com- mittee adjourn.
"Resolved, That consideration be had of the summonses issucd at the last committee for the ap- pearance of sundry persons before them this day, to show cause why they did not enroll and associ- ate, and deliver up their arms, in which the commit- tee concurred, and proceeded to examine the returns made thereon, when it appeared that sundry persons had due notice accordingly, and were called in turn.
"And that such as have appeared not, or are not able to give any satisfactory reasons to this com- mittee, why they did not or do not enroll and associ- ate, and deliver up their arms, according to the
*Captain John Reynolds was soon afterwards killed on the Ohio river and his family taken captive by the Indians.
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OF WASHINGTON COUNTY, MARYLAND.
resolve of the late convention in December last, be fined and proceeded against.
"Wednesday, 8 May, 1776. The committee met according to adjournment-all the members present as on yesterday, except Capts. Hughes, Hogmire and Sellars. Appeared Mr. John Rench.
"Ordered, That sundry persons do pay the sums annexed to their names in one month from the date hereof, and deliver up their fire arms immediately, if they have any, except pistols, to the several per- sons appointed to receive the same." [Here follows a long list of names, with fines annexed.]
"This day Col. J. Stull' made known, to this committee that he received from the treasurer, Thomas Harwood, by order of the Council of Safety, £137.8s. 6d. current money, it being the sum due for 51 blankets purchased by the committee for the use of the Province, by order of the Council of Safety.
"Ordered, That Captains James Walling, P'r. Reed, Basil Williams, Michael Fockler, Martin Kersh- ner, John Sellars, S. Hughes and C. Hogmire be em- powered by warrant to receive the sundry sums of money heretofore.assessed by this committee against
the several persons, as per lists to be made and an- nexed thereto, who have not enrolled, and the fire arms they may have from those who have not asso- ciated, agreeably to the resolution of this convention in December last, within each of their districts, to be made out in the form following:
"'You are hereby authorized or empowered to receive from sundry persons the sums of money an- nexed to each of their several names, as per lists hereunto annexed, at the end of one month from the date hereof, and such fire arms immediately, except pistols, that are or may be in their possession, or otherwise may be their or either of their properties, whenever found, and make the return thereof; to sit the next after the time aforesaid, being the sums levied and assessed upon them and each of them for not enrolling and associating, agreeably to the con- vention of December last, and this shall be your authority. Given under my hand this 8 of May, 1776, by order of the committee.'
"The above warrant, with the separate lists of names and sums annexed to the several gentlemen appointed for that purpose, to be by them collected, agreeably to the order of the committee."
1
CHAPTER VII
ASHINGTON County is just two months and two days younger than the State of Maryland. By the Declaration of Inde- pendence, made in Philadelphia July 4th, 1776, the Province became a State. On July 6, before the Maryland convention in session at Annapolis had received the great news from Philadelphia it passed resolutions declaring the allegiance of Maryland to the mother county was at an end. This had gathered as a provincial assembly, but before its adjournment it called the first State Convention which assembled at Annapolis, August 14, 1776, two weeks after the Colonial Convention had dissolved itself. No executive and no legislative body was yet in ex- istence and the functions of government were ex- ercised by the committee of safety. The fourteenth day of August, 1776 is therefore a memorable date in the State's history. In the new convention each County had four delegates except Frederick and to it were appointed twelve, four from each of the
districts now composing Frederick and Montgom- ery Counties, and four from the territory west of the South Mountain, a territory which the con- vention proceeded to erect into a County which received the name of the great man who had taken the office of commander-in-chief of the Patriot Army, the immortal Washington. Four delegates to this first State convention sent from this district, were Samuel Beall, Samuel Hughes, John Stull and Henry Schnebly. These delegates carried with them petitions for the laying off the new county. Up to July 1775, Fredericktown was the voting place for all the territory now forming the Sixth Congressional District. At that time Eliz- abethtown was designated by the Provincial con- vention as the voting place for all the State west of South Mountain, now the three western coun- ties. On the 6th day of September, which is the birthday of Washington County, the convention passed the resolution setting off Washington and Montgomery Counties .*
*The following is the resolution as far as it re- lates to Washington County:
"Whereas, It appears to this convention that the erecting two new counties out of Frederick County will conduce greatly to the ease and convenience of the people thereof;
"Resolved, That after the first day of October next such part of the said county of Frederick as is contained within the bounds and limits following, to-wit: Beginning at the place where the temporary line crosses South Mountain, and running thence by a line on the ridge of the said mountain to the River Potowmack, and thence with the lines of said
county so as to include all the lands westward of the line running on the ridge of the South Mountain, as aforesaid, to the beginning, shall be and is hereby erected into a new county by the name of Washing- ton County.
* * * * * *
* "Resolved, That the inhabitants of said county * * of Washington shall have, hold and enjoy all such rights and privileges as are held and enjoyed by the inhabitants of any county in this State.
"Resolved, That Messrs. Joseph Sprigg, Joseph Smith, John Barnes, Andrew Rench, Daniel Hughes, William Yates and Conrad Hogmire shall be and are
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HISTORY AND BIOGRAPHICAL RECORD
After the new County was duly formed and named the next and first important matter to be settled was the plaee for the County seat. This was to be determined by a vote of the duly qualified voters of the County. Elizabethtown was desig- nated as the place for holding the polls. For this honor, which seemed itself to indicate the place of the County seat, Mr. Funk's town of Jerusalem, now known as Funkstown, was the only contestant. Mr. Funk went diligently to work circulating petitions among his fellow eiti- zens, and obtaining signatures, asking tlie eonven- tion to bestow this mark of distinction upon his promising little town, far more beautiful and judiciously located than its rival. Mr. Funk, like those who have circulated petitions in later years, had no manner of difficulty in obtaining all the signatures that he wanted; but in the mean- time the personal influence with members of the convention of General Daniel Heister and other leading citizens interested in Elizabethtown,
carried off the coveted prize for that town. The people living west of Sideling Hill objected strong- ly to being compelled to eome all the way to Hag- erstown to vote and their petition asking for a polling place at Skipton or Old Town for two days and after the election was over, the judges for the western part of the County, now Allegany and Garrett Counties, should meet the Elizabeth- town judges at the latter place, and aseertain the result of the election. The judges of election at the Elizabethtown polls were Joseph Smith, Noah IIart and Eli Williams. The voting was viva voce and lasted several days. The result of the election was a triumph for Elizabethtown and it was to be the County seat. It was this result that settled the destiny of these two towns so near to each other and at the time so nearly of the same size. For if the result of that election had been different Jerusalem would have been the eity and Elizabeth- town still a village.
The machinery for the County government
hereby appointed commissioners for Washington County; and they; or the major part of them, shall be and are hereby authorized and required to buy and purchase in fee a quantity of land not exceeding four acres; at or adjoining such place as a majority of voters within the limits of said county, qualified at this convention, shall hereafter direct, the election to be held at the place heretofore appointed for the choosing of delegates in this convention (the said commissioners giving ten days' notice of the place and time of voting) for the purpose of building thereon a Court House and prison for the said coun- ty; and shall cause said land to be laid out by the surveyor of Frederick County, with good and suffic- ient boundaries, and a certificate thereof to be returned and recorded in the records of said county; and the said commissioners or a major part of them, shall draw their order on the Sheriff of Washington County to pay such sum as shall be agreed upon for the said land, and the Sheriff is hereby directed and required to pay the said order out of the money here- after mentioned, to be collected by him for that pur- pose; and such payment for the land shall invest the Justices of Washington County and their successors with an estate in fee simple therein for the use of the said county forever; and if the said commission- ers, or a major part of them, and the owner of the said land shall differ about the value of the said land, in such case the commissioners or the major part of them, shall be and they are hereby authorized and empowered to order the Sheriff of Washington Coun- ty to summon twelve freeholders upon the said land who shall be empowered and sworn as a jury to inquire the value of said land; and the said commis- sioners, or the major part of them, shall draw their order on the Sheriff of Washington County to pay the said valuation; and the said Sheriff is hereby directed to pay the said order out of the money
hereafter mentioned, to be by him collected for that purpose; and upon his payment of the said order the fee simple in the said land shall be invested, as afore- said, in the Justices of Washington County and their successors for the use of the said county forever .*** "Resolved, That the Justices of Washington County, or the major part of them, be and they are hereby authorized to contract and agree for a con- venient place in the said county to hold the Courts for the said county, and to contract and agree for a convenient place, in the said county for their books, papers and other records, and also for a fit building for the custody of the prisoners; and the said Court shall be held and records kept at such place until the Court House and prison for the said county shall be erected and built; and the charge and ex- pense of such place shall be defrayed by the said county, and assessed with the public and county levy. "Resolved, That the Justices of the said county shall be, and they are hereby authorized and re- quired to assess and levy on the taxable inhabitants of the said county, with the public and county levy, as much money as will pay for the purchase on valuation of the land aforesaid, together with the Sheriff's salary of such percentum as may be here- after allowed for collection of the same, which said sums shall be collected by the Sheriff of the said county from the inhabitants of the said county, in the same manner as other public and county levies may be by law hereafter collected; and the said money, when collected, shall be paid by the Sheriff to such person or persons as the commissioners aforesaid, or the major part of them, shall order and direct.
"Resolved, That the Justices of Washington County shall be and they are hereby authorized and required to assess and levy, by three equal assess- ments, in the year of 1777, 1778 and 1779, with their
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OF WASHINGTON COUNTY, MARYLAND.
had to be formed and set in motion. The first sitting of the County Court was to be held the fol- following March. In the meantime the Court of Frederick County was to have jurisdiction. But writs to be issued after December 1st, against defendants residing in the new county should be directed to the Sheriff of that County and made returnable to the March term. The Justiees of the Peace and other officers of Frederick County residing in the territory of the new eounty were continued in position as officials for the new county. The Justices of the Peace were to con- stitute the County Court. The first County Court for Washington County, under this resolution was composed of Samuel Beall, John Stull, Joseph Sprigg, Samuel Hughes, Henry Schnebly, Joseph Chapline, John Bainor, Richard Davis, Andrew Bruse, Andrew Reach, William Yeates, Lemuel Barrett, Thomas Cramphin Christopher Crune, John Cellar. The office of Justice of the Peace of
that day was an highly honorable one, and all those named were leading citizens of the commun- ity. Samuel Beall, Andrew Bruse and several others belonged to the western portion of the County, now Allegany. John Stull and Samuel Hughes have already been mentioned.
Joseph Chapline was one of the largest landed proprietors in the County and well known as the founder of Sharpsburg. This County Court ex- pounded the law and meted out justice in the quaint old Court House which was soon erected in the middle of the public square, mounted up on stilts, giving space beneath it for the town Mar- ket and the whipping post and stocks. A short distance to the northwest in the alley between Franklin and Washington streets stood the County Jail, a small log building without windows and with a door thickly studded with wrought nails, giving it the appearance of that strength which was probably, in fact, wanting. It was no part of
public and county levy, any sum not exceeding thirteen hundred pounds common money in and upon the inhabitants of Washington County, together with Sheriff's salary, of such a percentum as may be hereafter allowed for collection of the same; which said sum, so to be assessed and levied, shall be collected by the Sheriff of Washington County from the inhabitants thereof, in the same manner as other public and county levies shall be hereafter by law collected, and the said money, when collected, shall be paid by the said Sheriff to the commissioners of Washington County aforesaid, and shall be by them applied toward building the Court House aud prison in the said county. ***
"Resolved, That the commissioners of the county, or the major part of them, shall be and they are hereby authorized and required to contract and agree for the building of the said Court House and prisou on the land to be purchased as aforesaid.
"Resolved, That all causes, pleas, processes and pleadings which are now or shall be pending in Frederick County Court before the first day of De- cember next shall and may be prosecuted as effect. ually as they might have been had these resolves never been made; and in case any deeds or convey- ances of land in Washington County have been, or shall be before the division aforesaid, acknowl- edged according to law in Frederick County, the enrollment and recording thereof within the time limited by law, either in the County Court of Fred- erick County or in the County Court of Washington County, shall be good and available, the division aforesaid notwithstanding.
"Resolved, That executions or other legal pro- cess upon all judgments had and obtained or to be had on actions already commenced, or to be com- menced before the 1st day of December next, in Frederick County Court against any inhabitant of
Washington County, be issued and enforced in the same manner as if these resolves had not been made; which said writs shall be directed to the Sheriff of the said county, and the said Sherfiff is hereby authorized and directed to serve and return the same to the Frederick County Court, with the body or bodies of the person or persons, if taken against whom such writ or writs shall issue for that purpose, and during the attendance of the Sheriff of Wash- ington County at Frederick County Court he shall have power to confine in the Frederick County jail, if he shall think it necessary, such persons as he shall have in cxecution; but after his attendance shalì be dispensed with by the said Court, he shall then, in a reasonable time, remove such persons as he shall have in execution to his county jail, there .to be kept until legally discharged.
"That the public and county levy now assessed or levied or to be levied and assessed by the Justices of Frederick County Court, at their levy court for the present year, shall and may be collected and received by the Sheriff of Frederick County as well of the inhabitants of Frederick County as of Wash- ington County aforesaid, and collected and accounted for, applied in such a manner as the said public and county levy would have been collected, accounted for and applicd had these resolves never been made.
"Resolved, That the County Court of Washington County shall begin and be held yearly on the 4th Tuesdays of those months in which other County Courts are held, aud shall have equal power and jurisdiction with any County Court in this State."
The words "Montgomery County" which county was created by the same set of resolutions, accom- pany the words "Washington County," all through but have been omitted here.
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HISTORY AND BIOGRAPHICAL RECORD
the duties of the Sheriff to take charge of this jail or to be responsible for the prisoners it eon- tained. All that was in the hands of a jailor. The office of Sheriff was one of great dignity and ineluded that of tax collector and financial agent of the County. The County was of course not di- vided into election precinets or distriets as at present, there being but a single polling place for all the voters within the limits of the present County. But for purposes of apportionment and for other purposes there were subdivisions into Hun- dreds. There was Salisbury Hundred, Sharpsburg Hundred, Upper Antietam Hundred Lower Antiet- am Hundred. Conoeoeheague Hundred, Marsh Hundred, Fort Frederiek Hundred, Elizabethtown and Elizabeth Hundred. There was an urgent and immediate necessity for funds. There was no treasury and money had to be obtained to ereet public buildings, a Court House and Jail, to pay salaries and for various other important purposes. An Assessor was required in each hundred and it is a curious eireumstanee that on the first Court docket, or docquette as it is spelled in those early records. next to the prosecutions for selling liquor "above rates" the most frequent one against per- sons for contempt of court in refusing to aet as assessors in different distriets. The fines and penalties were generally imposed in tobaeeo, at that time and for many years afterwards, exten- sively given within the County. Its cultivation gradually died out, but lingered longest in Pleasant Valley, where many now living can remember some remnants or relics of the industry. Where tobaeco was not used for the standard of valuation the English money was used and even after the adop- tion of the Federal Constitution for some years dollars and eents did not appear on the Court minutes.
After the "upper District of Frederick Coun- ty" had attained the dignity of being a county the first consideration was to procure a Court House as speedily as possible. The resolution of the convention already quoted had designated the method of procuring the necessary funds and the County Commissioners therein named immediately set about to erect the building. The work was done in the excitement of the Revolutionary War or immediately following the restoration of peaec. The amount of money raised for the purpose was not large so the building. although of brick, was not durable nor well constructed for we find that in 1816, when it was only thirty or thirty-five years
old, it was in a state of ruinous deeay and entirely unsafe as a depository for the publie records. The site selected was a remarkable one, the eentre of the publie square where it was impossible to obtain suitable space for a commodious building without obstrueting the two principal highways of the town, which indeed it did although it was complained of as being too small and also as being injurious to the appearance of the town. There can be little doubt that it was a nuisance for it was not only an unsightly obstruetion but the open market space under it was used as a place for hitehing horses and it also contained the whipping post, an institution frequently brought into ser- viee. All this was probably greatly annoying to the people whose residenees immediately fronted on the square and whose fronts were erowded by the Court House. Among these were Jonathan Hager's stone house at the northeast corner of the square, inhabited after his return from the war by Jonathan Hager, Jr., and his beautiful young wife, Mary Madeline, the daughter of Major Chris- tian Orndorff and later on by Col. Henry Lewis, who married Mr. Hager's widow. This old build- ing was torn down within late years to give plaec to a three-story brick house now used as a store. Diagonally aeross the square from the Hager res- idenec lived old Jonathan Hager's only daughter the sister of Jonathan Hager, Jr., Rosanna, who married General Daniel Heister. Their res- idence still stands, although its surroundings have sadly changed and its dignity is gone. But it is apparent that once it was a handsome residenee. It is finished inside in hard wood in the best pos- sible taste. which some later owner has in the worst possible taste, hid under thiek eoats of paint. General Heister was a man of wealth and was liberal in his expenditures and hospitality. In the rear of the house, extending along Washington street to the Bank alley was the garden, beautifully eultivated and filled with the finest flowers which Mrs. Heister delighted in attending. General Heister was closely identified with all publie affairs for a considerable number of vears and his name constantly occurs in contemporary history. He was elected to Congress in 1802 and died the fol- lowing year before the expiration of his term. The garden referred to above was entered from Washington street through an imposing gateway between the two massive gate posts. In 1885 whilst digging the foundations of the large build- ing which now adjoins the old Heister mansion in
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