A history of Washington County, Maryland from the earliest settlements to the present time, including a history of Hagerstown, Part 24

Author: Williams, Thomas J. C. (Thomas John Chew)
Publication date: 1906
Publisher: [Chambersburg, Pa.] : J.M. Runk & L.R.
Number of Pages: 622

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 24

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On the last day of 1803, George Carey's barn and stable at the eross roads, four miles from Sharpsburg, were burned and whilst the fire, which was incendiary, was raging, the store house of Carey & Zeigler near by was entered and rob- bed of $1.800 in money. Two negroes belonging to Benjamin Tyson, of Sharpsburg, were arrested for the crime and $1,500 of the money recovered. In August, 1799, Daniel Dougherty was convieted of horse stealing and senteneed to be hung. But the Governor commuted his sentence to hard labor for twenty years on the roads of Baltimore County or upon the streets or basin of the city.

In April, 1805, John Buchanan was appoint- ed to the bench as Chief Justice of the Cireuit. Washington County has the honor of having fur- nished the State of Maryland two of the most distinguished of the Chief Justices of the Court of Appeals, namely John Buchanan and Richard H. Alvey. John Buchanan was born in Prinee George's County in 1772. His parents were Thomas and Anne Cooke Buchanan, of Chester, England. He was edueatcd at Charlotte Hall School at St. Mary's County. He began the study of the law in the office of Judge White at Winchester, Va., and completed his course with John Thompson Mason in Hagerstown. In a short time he had a good practice and was elected to the Legislature in 1191. He married a daughter of Mr. Eli Williams, the first clerk of the Circuit Court for Washington County who was a brother of Glen. Otho Holland Williams, the founder of Williamsport. In 1806, at the age of about 33 years, he was appointed Chief Judge of the 5th Judicial Circuit composed of Frederick, Wash- ington and Allegany C'ountics, and as such he became an associate Justice of the Court of Appeals of Maryland, and served with great distinetion upon that court until his death in November, 1844, a period of thirty-eight years. He became Chief

Justiee of Maryland July 27, 1824. When the vaeancy in the 5th Circuit oeeurred in 1806, it is said the Governor desired to appoint John Thomp- son Mason to the place. But that gentleman, who seems to have been adverse to offiee holding, de- clined and recommended his former pupil John Buchanan who was aeeordingly appointed. This appointment was made in January and in July Mr. Mason accepted the office of Attorney Gen- eral of Maryland which he held for a few months. Chief Justice Buchanan's home in Washington County was an estate named "Woodland" near Williamsport. He died there in the 73rd year of his age. Sometime after his death while it was oceupied by his son, Thomas Eli Buchanan, the house burned and Mr Buchanan thereafter lived in Williamsport. The wife of Thomas Eli Bu- ehanan was Miss Dandridge of Virginia.

In an address before the Maryland State Bar Association in 1904 the Hon. James Me- Sherry, Chief Justice of the Court of Appeals of Maryland, spoke of Judge John Buchanan as fol- lows :

Upon the resignation of Judge Chase, Judge John Buchanan was commissioned Chief Judge of the Court of Appeals and his commission bears date 21th of July 1824. He was first appointed in 1806 Chief Judge of the old Fifth Judicial District, which then comprised the counties of Frederick, Washington and Allegany, and there- upon he became an Associate Justice of the Court of Appeals. He served upon the Bench for nearly thirty-eight years, during twenty of which he presided as Chief Judge.

The decisions of the Court during the twenty years that Chief Judge Buchanan presided are reported in 7 Harris & Johnson, 1 and 2 Harris & Gill, in the twelve volumes of Gill & Johnson and 1, 2 and 3 of Gill. Many cases of great ini- portance were decided during this period. It was an cpoch in which the law of the State progressed from its formative stage into a fuller developement. The Court over which Judge Buchanan presided was composed of men of vigorous intellects and patient industry, and the labor they performed, in contrast with what had been done by their predecessors, was enormous. It is probably due to the fact that the number of cases had inercased largely, that the rule limiting the arguments to six hours to eaelt counsel, was adopted, less than two years after Judge Buchanan beeame Chief Justice. Amongst the cases of great magnitude

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that were decided by the Court during this period were the Chesapeake & Ohio Canal Co. vs. Balto. d' Ohio Railroad Co., 4 Gill & Johnson, 1; The Regents of the University of Maryland vs. Williams 9 G. d' J., and Calvert vs. Davis, 5 G. & J., the latter being the leading case in Maryland on the subject of testamentary capacity. On the 26th of December, 1831, Daniel Webster was admitted to the Bar of the Court of Appeals, and with the late Mr. Reverdy Johnson argued the Canal case for the Railroad Company. It was argued for the Canal Company by Walter Jones and A. C. Ma- gruder and was decided at the June term, 1832. The judgment of the majority of the Court was delivered by Chief Justice Buchanan. The re- port of the case occupies exactly half of one volume of the Maryland reports, the opinion of the Chief Justice covering ninety-two pages. It was an exhaustive discussion of the question in eon- troversy between the two companies with respeet to the right claimed by each to the occupancy of a narrow strip of land on the north bank of the Potomac at the Point of Rocks, in Frederick County. It required an examination into, and a decision of, the rights acquired by the Canal Com- pany as Assignee of the franchises and property of the old Potomac Company, which had been created in 1784; and it also involved a determi- nation of the scope of the Railroad Company's privileges conferred by its charter, the Act of 1826, chapter 123.

In December, 1836, Judge Buchanan, George Peabody and Thomas Emory were appointed Com- missioners on the part of Maryland to negotiate a sale in London of the eight million dollars of State securities issued under the Act of 1835, eh. 395, to aid in the completion of the Chesapeake & Olio Canal, the Baltimore & Ohio Railroad and other works of internal improvement. Mr. Pea- body was then abroad and remained there. Judge Buchanan and Mr. Emory went to England in the spring of 1837 and returned in December without having accomplished the object of their mission. (Messages of Gov. Veazey, December 27, 1837.) They did, however, succeed in March, 1837, (Res. No. 26 Dec. Ses. 1837) before going to Europe, in getting the Canal Company and the Railroad Company to agree conditionally to take $6,000,000 of the State stock at the premium named in the Act; and the transaction was ratified by resolu- tion No. 26 and then modified by resolution No. 68, adopted by the General Assembly

at December session 1837. This arrangement, which was severely criticised by the Ways and Means Committee in a report presented by its Chairman, the late Mr. Thomas S. Alexander, resulted in a loss to both companies, as they were compelled to pay into the State Treasury the 20 per cent. premium at which the Act of 1835 required the State stock to be sold. (Doc. O. Rep. Com. Ways & Means Dec. Ses. 1837.)

Judge Buchanan was born in Prince George's County in 1772. He was over 72 years of age when he died, but there was at that time no con- stitutional limitation as to age, and the people of the State reaped the benefit of his great learning, experience and ability after he attained and passed his seventieth year. On the 3rd of December, 1844, Mr. Pratt presented to the Court, resolu- tions on the death of Chief Justice Buchanan. After stating that Judge Buchanan had served upon the Bench for thirty-eight years, the resolu- tion procceded as follows: "During the whole of which period his great anxiety to discover and protect the just rights of his fellow citizens was manifested by the patient and diligent investiga- tion and enlightened and accurate judgment : That whilst we feel deep regret at the departure of the deceased as for the loss of a cherished friend and companion, we in common with the profession will find great consolation in the recollection of his many virtues his manly character and the dignity and grace which adorned his public and social life, and greater consolation in referring to his example as a model of judicial excellence."

Judge Thomas Buchanan was the older brother of Chief Justice Buchanan, and the two brothers sat together on the bench of the 5th Circuit from 1815 to the death of the Chief Justice in 1844. During these years, while these brothers were on the bench, the brother-in-law of the Chief Justice, Otho H. Williams, was clerk of the Court and his father-in-law, Eli Williams, a part of the time Judge of the Orphans' Court. Thomas Buchanan was born Sept. 25, 1768, near Port Tobacco in Charles County. He studied law and practiced in Anne Arundel and St. Mary's Counties. He married in 1797 Rebecca Maria Anderson, a grand-daughter of Governor Samuel Ogle and removed to Baltimore, and later to Hag- erstown. His residence was in the lower part of Washington County, 10 miles from Hagerstown, near Downsville and was called "Woburn." There he lived riding to and from the sessions of Court

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in Hagerstown in his carriage. On May 5, 1815, he was appointed Associate Judge of the Fifth Circuit to succeed Judge Roger Nelson who had died. On Sept. 21, 1847 while riding from Hagerstown where he had been holding Court, he was seized with apoplexy and died before he reached home. His daughter and a servant were in the carriage with him at the time. He was buried in the Episcopal graveyard at Hagers- town, where his wife had been buried seven years before. Thomas Buchanan was a man of high character and many considered him an abler man than his distinguished brother the Chief Jus- tice, but the latter was his superior in energy and ambition. Thomas Buchanan left several child- ren. The present Brigadier-General James Bu- chanan, U. S. Army, is his grandson, the son of Dr. James . Buchanan, who married a daughter of Col. John Miller. One of his daughters Meliora, married John Robert Dall and another, Anne, married John N. Steele, of Annapolis, and died there Oet. 18, 1839. Miss Harriet R. A. Buchanan died unmarried. One of Judge Buch- anan's sons. Thomas Cribb Buchanan, left home and all trace of him was lost. His father spent a great deal of money searching for him through many years, but nothing was ever heard of him. When the Judge died, provision had been made in the will for this son and his share in the estate was apportioned to him and put into the hands of trustees ready for him should he return. But he never came back to claim it and it was finally distributed among the other heirs.

A sister of the two Judges Buchanan, named Mary, married Dr. Pottenger of Prince George's County. She, after the death of her husband, went to Hagerstown to live. She died there at the age of 88 years and was buried with other members of the family in the Episcopal burying ground. Her daughter married Thomas B. Hall. They were the parents of Mary Sophia Hall who was married to Col. George Schley, of Hagerstown. The older sister of this lady, Barbara, was the second wife of Frederick A. Schley, George Schley's father, and was the mother of Col. Bu- chanan Schley of Hagerstown. Mrs. Mary Pot- tinger was a lady of rare accomplishments and great social distinction. In her youth she had lived in the brilliant society of the Capital of the State. As a child, she had been specially noticed by the Father of his country and she was present

in the Senate chamber of the old State House and there witnessed the resignation by the great patriot of his military office. She had lived in Hagers- town on South Potomac street for nearly a half century and died there February 7, 1854, aged 88 years.

The files of the newspapers from which the material for these chronicles is gathered are miss- ing for twelve years from 1805, consequently the narration of the events of those years will be more meagre than for other years. This is par- ticularly unfortunate as it is an especially im- portant period of the history of the County and indeed of the whole country. It includes the war of 1812 in which the people of Washington County took a prominent and honorable part. 1 have been compelled, therefore, to content my- self with such facts and incidents as I could gather from the records of the court and from several other sources. These events will be given in a somewhat disjointed fashion.

There was a law during these years for the regulation of the charges of ferrymen, and the keepers of all houses of public entertainment. These rates were fixed by the Judges of the court and announced once each year. There were a great many ferries over the Potomac. There was one at the mouth of the Conococheague, one at Shepherdstown, one at the mouth of the Opequon, one at the mouth of the Antietam, besides IIar- per's. John Donnely's at Hancock, Howser's, Ford's and Ritter's. Up to 1805 the rates for tavern charges had been fixed in British or Colon- ial moncy. At the August Term of that year, the rating was made for the first time in American currency. The charge permitted for a breakfast or supper was 34 cents, for a dinner, with a pint of small beer or eider was 50 cents, for lodgings 16 cents, for a gill of spirits or brandy, 13 cents, for a gill of whiskey ? cents. Persons keeping houses of entertainment were required to give security in the sum of 6000 pounds of tobacco and those retailing liquor in the sum of 100 pounds in money. A Maryland shilling was equal to 14 eents in Federal currency. In 1805 Nathaniel Rochester was Sheriff of the County. Two years later ho was succeeded by Isaac White and he by Matthias Shaffner in 1809. In 1813, Henry Sweitzer was elected, and held the office for four years. Daniel Schnebley was elected in 1816. The .Judicial system of the State was revised in 1806. Up to that time there had been a Chief Judge

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who was a lawyer and associated with him were Justices of the Peace who were laymen. William Clagett had been the Presiding Judge under this system. Under the new system, John Buchanan became the Chief Judge with William Clagett and Abraham Shriver as his associates. John Bu- chanan qualified as Chief Judge on the 3rd of February, 1806, and his brother Thomas Buchan- an was admitted to practice at the Hagerstown Bar on the 26th of the following month. Nine years later, he became Associate Judge.

The minutes of the Court show many severe sentences. For stealing a pair of shoes a man was sentenced to hard labor on the roads of Bal- timore County for eighteen months. Another man convicted of stealing some trifling article was sentenced to twenty lashes on the bare back, well laid on. This was the ordinary punishment for petty larceny, and was generally supplemented by the pillory. Among other curious cases which may be found on the old dockets is a trial upon an indictment for "keeping a Pharoah or Associ- ation table." A notable case was removed to Hagerstown from Frederick in 1809. Thomas Burke was tried and convicted for committing a rape upon the person of Maria Brawner, and sentenced to be hung. Burke was defended by four lawyers, among whom were Luther Martin and Roger Nelson. They fiercely contested the case, and in the heat of excitement Martin made some remark which offended Judge Buchanan so deeply that he struck Mr. Martin with his cane when he attempted to get into the Frederick stage where the Judge was seated. Probably at no period in the history of Washington County were there as many distinguished men practising

at the Hagerstown Bar as during the period of which we are now writing. Among them were Roger B. Taney, Roger Nelson, Philip Barton Key, Luther Martin, John Thompson Mason, Moses Tabbs, William B. Rochester and others.

About the year 1804, Nathaniel Rochester established a private banking house in connection with his various other enterprises. He was living at the time in a stone house opposite the present Court House, in which A. K. Syester lived for many years, and which was demolished to make way for the Hotel Hamilton. Here, in the front room of this house, Mr. Rochester organized the Hagerstown Bank in 1807 with a capital stock of $250,000 divided into shares of $50 each At the first meeting of the organization of the bank there were present besides Mr. Rochester, Eli Williams, Thomas Sprigg, Wm. Fitzhugh, Charles Carroll, Jacob Zeller and William Heyser. The directors bought the lot upon which the bank now stands and a building was erected, which was completed and occupied in 1814. Nathaniel Rochester was the president until he left the County in 1810 and Eli Beatty was the first cash- ier and he held the office until he succeeded Wil- liam Heyser* as president in 1831. Then Daniel Sprigg became cashier, but two years later he went to Rochester and became cashier of a bank in that city. Mr. Beatty then resumed his place as cashier and Otho Lawrence became president. Mr. Beatty continued as cashier until his death in 1859 when William M. Marshall succeeded him.

In 1810 a notable party of emigrants left Hagerstown. The leaders of the party were Na- thaniel Rochester .** William Fitzhugh and Charles Carroll. Their destination was the valley of the

*From the Herald and Torch Jan. 20, 1875. Mr. William Heyser departed this life on Friday last in the 85th year of his age. Mr. Heyser was a very active man for his years until within a com- paratively short time before his death, and so to speak, was one of the very few remaining links in the chain which connects the present with past gen- erations, and which will soon entirely disappear. He was a man of sterling integrity, strong, vigorous mind, very practical in his views, and well informed upon general and local topics. His ancestors were among the most prominent and influential of the early settlers of our county. His father was for many years President of the Hagerstown Bank, and his grand father, Capt. William Heyser, actively participated in the war for American Independence, having commanded a company of eighty-seven men, raised in this town and county, during that war. In looking over the names of these men, we are sur-

prised at the large number of them that have entire- ly disappeared from the registers of the present population, but time works change, and another century may carry our names into the same obliv- ion.

On Sabbth last, his remains were taken to the First Reformed Church, the building of which his grand father superintended one hundred years ago, where services were conducted by the Rev. Mr. Go- heen, and Rev. Mr. Kieffer, the latter preaching a very appropriate and eloquent discourse to a large assemblage of people. The remains were then taken to Rose Hill Cemetery and interred.

** The subscriber having declined the Mercantile business in this place, earnestly requests all those indebted to him, or the late Concern of Nathaniel & Robert Rochester, to make immediate payment, that he may be enabled to commence at large his Nail

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HISTORY AND BIOGRAPHICAL RECORD

Genesee river in Western New York. Rochester had visited the Genesee country ten years pre- viously and before the year 1800, he had purchased a large traet of land in Livingston County. In 1802 Col. Rochester and Major Carroll had bought a lot of 100 acres, known as the Allan Mill traet. They paid for this land $17.50 per acre. It was known at the time as Falls Town. Upon this traet Mr. Rochester laid out a town, and it received the name of "Rochester," Before leaving, all of the emigrants sold their property in this County. They travelled in earriages accompanied by cov- ered wagons in which was carried a lot of house- hold and other property and thus the party made its long journey through a country mueh of which was an almost unbroken wilderness. Mr. Roches- ter's wife was Sophia Bcatty. They had twelve children, the eldest of whom was William Beatty Rochester, who practised law in Hagerstown be- fore going to New York, having been admitted to the bar upon motion of Moses Tabbs, in March 1809, and afterwards beeame a distinguish-

ed Judge. Before leaving Hagerstown he was a captain of one of the militia companies which grew out of the aggression of England. The youngest, a girl, was but two months old when she left Hagerstown. One of Judge Rochester's sons is William B. Rochester, Paymaster General of the U. S. Army, now on the retired list. Nathan- icl Rochester's youngest son, Henry Eli Rochester, visited Hagerstown in 1881 and several times af- terwards. He was but four years old when he left here, and yet he remembered perfectly many objects. He remembered the porch of the house where his father had lived, which was still stand- ing in 1881 and Mr. Rochester recalled the sale of his father's household goods, previously to going to New York and especially the man standing on the poreh ringing the bell to bring people to the quetion. This exeellent gentleman died in 1889. Among his eight ehildren is Mr. Roswell Hart Rochester, Treasurer of the Western Union Tel- egraph Company .*

Col. William Fitzhugh, who accompanied

and Rope Manufactories. He expects those indebted to him (who have it not in their power to make im- mediate payment) will settle their Accounts by Bond or Note. All persons having Accounts against him are requested to bring them in for settlement.

He will constantly keep a quantity of Nails and Brads, and all kinds of Rope and Twine; and wants an Apprentice for the Rope making business.

N. ROCHESTER.

Hagerstown, June 25, 1794 .- From the Washington Spy.

*The following is a brief sketch of the life of Na- thaniel Rochester, written by himself for the informa- tion of his children:

I was born in Westmoreland County, Virginia, on the 21st of February, 1752. John Rochester, my father, was born at the same place, and died in 1756. Nicholas Rochester, his father, was born in England, and died on the farm where I was born, leaving two sons, John and William.

My mother's name was Hester Thrift, daughter of William Thrift, of Richmond County, adjoining Westmoreland. About 1757, she married a second husband, Thomas Critcher, who removed with his family to Granville County, North Carolina, about 1763.

I had but one full brother, John, who was six years older than I. He returned to Westmoreland County, Virginia, in 1764, married Ann Jordan and settled on the paternal estate, which he inherited as heir-at-law to my father's real estate, father dying intestate.

I had three full sisters, Ann, Phillis and Hester. The first married Benjamin Raglan and removed to

the State of Georgia. The second married Samuel Moorse and remained in Granville, North Carolina, and the third married Reuben Pyles, and removed to Ninety-Six, Abbeville County, South Carolina. Soon after the deatlı of my brother his oldest son removed to Danville, in Kentucky, and took all his brothers and sisters with him.

My step-father, Thos. Critcher, died in Gran- ville County, North Carolina., in 1778, leaving three sons, Thomas, James and John, and two daughters, who married two brothers, Elijah and Charles Mitch- ell. My mother died in 1784, after raising ten chil- dren and losing five when they were young.

In the autum of 1768, when 16 years of age, I was employed by a Scotch merchant named James Monroe, at Hillsborough, Orange County, North Car- olina, about forty miles from home. I agreed to serve with him two years at £5 per annum, but at the end of six months he raised my salary to £ 20 per annum; this continued for two years, after which my salary was raised to £60 per annum, until 1773, when I went into partnership with my employer, and Col. John Hamilton, who was consul for the British government in the Middle States, after the close of the Revolutionary War. In the year 1775 this part- nership was dissolved by the commencement of the war.

My first office was Clerk of the Vestry, in 1770. In 1775 I was appointed a member of the Committee of Safety for Orange County, whose business was to promote the revolutionary spirit among the people, to procure arms and ammunition, make collections for the people of Boston, whose harbour was blocked up by the British fleet, and to prevent the sale and use of East India teas. In August of the same year, 1775, I attended as a member of the first Provincial

NATHANIEL ROCHESTER.

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OF WASHINGTON COUNTY, MARYLAND.

Rochester and Carroll on their eventful journey through the wilderness to the Genesee country, was a man of mark who had made a reputation as an officer in the Revolutionary Army. At

the battle of Yorktown he was a lieutenant of Dragoons, aeting as aide to General Fish, of Maryland. In Livingstone County, New York, he became very wealthy and died December 27,

Convention in North Carolina. This convention or- dered the raising of four regiments of Continental troops, organized the minute men and militia sys tems, and directed an election for another conven- tion to meet in May, 1776, for the purpose of form- ing and adopting a constitution and form of govern- ment and measures of defence. At this first con- vention I was appointed a Major of Militia, Paymas- ter to the minute men and militia, and a Justice of the Peace.

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A history of Washington County, Maryland from the earliest settlements to the present time, including a history of Hagerstown, Part 24

Author: Williams, Thomas J. C. (Thomas John Chew) Publication date: 1906 Publisher: [Chambersburg, Pa.] : J.M. Runk & L.R. Number of Pages: 622

Author: Williams, Thomas J. C. (Thomas John Chew)
Publication date: 1906
Publisher: [Chambersburg, Pa.] : J.M. Runk & L.R.
Number of Pages: 622