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 39
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amply vindicated. This controversy led to a pro- longed and famous litigation which was not finally decided for a number of years. In the Court of Appeals of Maryland it is one of the most famous cases and was argued for the railroad company by Daniel Webster and Reverdy Johnson. A re- port of this case occupies a half of the fourth volume of Gill and Johnson's reports. The canal finally won the case however and then an agree- ment was entered into by which the railroad was permitted to go along side of the canal from the Point of Rocks to Harper's Ferry and then to pass over the canal and river to the Virginia shore and to keep to that side of the river until within a short distance from Cumberland. There was not room enough between the mountain and river for the canal and railroad too and if Washington County had secured the railroad along her border the canal would have had to go to Virginia. About this time the representatives from Washington County in the Legislature permitted themselves to be persuaded into voting for a State subscrip- tion for three millions of dollars to the road. A bill was introduced into the assembly in 1836 mak- ing a subscription by the State of three millions of dollars to the railroad and a like sum to the canal. The canal had already been completed all the way through the county and our people were not par- ticularly concerned about any further appropri- ations to it, so some special inducement had to be offered to secure the vote of the delegation and it was accordingly required of the company to construct the road through Boonsboro' and Ha- gerstown and so on to Cumberland.
If they failed to adopt this route the com- pany was to forfeit a million dollars to the State for the benefit of Washington County. The com- pany had not, for reasons already given, the remot- est intention of adopting this rule, and forthwith proceeded to adopt another. The County Com- missioners brought suit to enforce the penalty but before judgment could be obtained the Legislature had hastily repealed the provision. The Court decided that this forfeiture was in the nature of a penalty and the Legislature had the power to remit it. The delay caused in completing the railroad by the canal litigation rendered a renewal of the company's charter by the Legislature of Virginia necessary the time having expired in July 1838. Before the Legislature of that State would renew the charter, a law was passed requiring the com- pany to build the road through Martinsburg.
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This was not the only injury that the jealousy and hostility of the canal inflieted on the Balti- more and Ohio Company. While the construc- tion of the Branch road to Washington was pro- gressing, application was made to Congress for aid to build the line within the Distriet of Colum- bia with the intention of terminating it at or near the General Postoffice. The Senate passed a bill appropriating $350,000 for this purpose but it failed in the House mainly through the unre- lenting hostility of the canal interests .*
The admirable water power of the Potomac and the exeellent facilities for transportation by rail to Baltimore, and by canal to Georgetown suggested to the enterprizing Casper W. Wever, the incorporation of the Weverton Manufacturing Company, which was done by Chapter 144 of the Acts of 1834 and amended in 1836.
In 1835 the people of Hagerstown had be- come weary of the insufficient power of the town officers, and meetings were held to devise means for the better government of the town and for authority to enforce the ordinances of the Mayor and Council which were violated with impunity. Many of the people too began to see the mistake they had made in a former year in voting against free schools. The first move to retrieve this false step was a meeting held in Boonsboro in January 1835, over which David Brookhart presided. Res- olutions were passed and a County Convention to be held in Hagerstown on the 3rd of February was suggested.
The contest for Congress in 1835, was between William Schley the Whig candidate and Frank Thomas the Democrat. The latter was elected carrying Washington County by a majority of 148. The Democratie candidates for the assembly, Messrs. Wharton, Newcomer, Brookhart and Fiery were elected over the Whig ticket, Jos. Weast, Elias Baker, John Horine and Isaac Nesbitt. In this campaign a diseussion for the reform of the State Constitution took place ; meetings were held and resolutions passed having that objeet in view, and out of that movement grew one of the most exeiting episodes in the history of the State.
The Maryland Senate consisted of fifteen members elected by forty electors who were chosen by the people. Twenty-four of these had to be in attendance in order to execute their duties. Of the forty, twenty-one were Whigs and nineteen
were Democrats-neither party having a quorum. In Washington County the Van Buren or Dem- ocratic party had elected their eleetors Robert Wason and Charles Maegill over Andrew Kersh- ned and Peter Seibert by a vote of 1,826 to 1,661. The nineteen Van Buren electors held a meeting and determined that as they represented the coun- tics containing the great majority of the people of the State, it was unjust and oppressive to deprive then and their constituents of all representation in the Senate. They made overtures to the ma- jority who had met at Annapolis and declared that they would not qualify unless they were permitted to name eight of the fifteen Senators.
The Whigs would not treat with them and the Democrats determined to absent themselves and block the wheels of Government until their terms were agreed to. This determination filled men's minds with grave forebodings. Without a Senate there could be no Legislature. Without a Legislature there could be no Governor or Council. Without a Governor and Couneil and Legislature there could be no State Government- no appointment of Justices of the Peace-no County Commissioners or Judges of the Orphians' Court, no one to colleet taxes or provide the ma- chinery of the Courts of Justice. In short it was believed that anarchy would result from the action of the nineteen recusants. For some years there had been a persistent effort going on to re- form the constitution and make the Governor, Senate and other offiees eligible by the people, but the smaller counties had been able to foil the wishes of the more populous. So the nineteen let it be inferred that they would come to terms if a Senate would be elected favorable to this great reforni. An address to the people of Washington County was issued setting forth the dangers which were thought to be impending-the dangers to property and person, to the peace and happiness of society, to individual prosperity and public eredit and to the magnificent works of improvement. "Who." it was asked, "is to stay the hand of rapine and violence; who is to receive our portion of the surplus revenue now ready for distribution ?" In view of the lowering front of impending disaster the people were urged to assemble at the Court House on the 8th of October and take appropriate action. This address was signed by many promi- nent citizens of the County, William Price, Eli
*The Great Railway Celebration of 1857 by Wm. - Prescott Smith.
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Beatty, D. Weisel, Geo. I. Harry, Wm. D. Bell, Joseph Gabby, Benj. Price, Abram Barnes, J. Dixon Roman, Otho Lawrence, D. G. Yost, R. M. Tidball, John Reynolds, Frederick Dorsey, Joseph I. Merrick and many others.
The meeting was held, and over it Jacob Slagle presided. Resolutions were passed de- nouncing the nineteen recusants as revolutionary and charging them with a desire to destroy the government. At the same time Col. William H. Fitzhugh presided over a large meeting of Demo- erats at the town hall which passed resolutions in support of the recusants and commending Wason and Macgill for their patriotism in taking the decided stand to secure reform. In the mean- time twenty-one helpless Whig electors were at Annapolis. adjourning from day to day. Before the Presidential election one of the Reseusants joined them and on the day after the election Gov- ernor Veazey fulminated a proclamation denounc- ing the eighteen electors as unfaithful trustees of the public and charging them with a design to destroy the government. But he proclaimed his purpose to defeat these revolutionary designs, and declared that the former Senate was a legal and constitutional body until their successors should be elected. IIe therefore fixed the 21st of Novem- ber for the meeting of the Legislature and called upon the military of the State to be in readiness to repress lawlessness and revolution. The elec- tion in Washington County was adverse to the Democrats and their large majority of four hun- dred votes at the preceding election was swept away and the county had given a majority of 84 for Harrison against Van Buren in a total vote of 4075. This change of sentiment was generally attributed to the action of the Senate electors, and the same popular verdict operated in other counties. On the 12th of November, another Electors joined the meeting, and a few days later five more came in. The new Senate was elected and by this Senate the reform in the constitution was effected. giving the people the right to elect the governor and local officers.
Several quiet campaigns followed this ex- vitement. In June 1837, Francis Thomas, Dem- ocrat, was elected over Jos. I. Merrick, Whig. by a majority of 296. In Washington County cach candidate received 1,881 votes. But at the election for members of the Assembly in October of the same year the Democrats carried the County, eicct- ing Michael Swingley, Andrew Rench, John H.
Mann and John Witmer, Jr., over Alex. Neill, Sr., L. Jacques, Joseph Weast and John Welty by a vote of 1950 to 1825.
In 1836 there was a great deal of wrangling over the Hagerstown Academy. The trustees had sold off some lots and had appropriated $150 to- wards the construction of the "Dry Bridge" on Prospect street. This was greatly criticised al- though it furnished the only publie approach to the building-the only praetieable aceess thereto- fore being across private grounds.
This institution was liberally patronized by persons in the District of Columbia and some of the counties of Virginia, bordering the Potomac, besides Washington and other counties in Mary- land. Among its graduates were Campbell Morfit, a distinguished Chemist, of London, England. ('ol. Eugene MeLean, of the United States, after- wards of the Confederate Army and afterwards a Civil Engineer employed by the city authorities of New York, and many others. Messrs. Roscoe, W. R. Abbott, Andrews and other prominent classic- al instructors controlled that Department, and Mr. Thos. Curtis, formerly of Mt: Holly, N. J., for many years managed the English portion. In the latter's school, for some time, were the late Ex-Governor Hamilton, Benj. Swope, the Rev. C. E. Swope, of New York City-Trinity Parish, B. F. Newcomer of Baltimore, Brevt. Brig. Gen'] G. Bell, Asst. Com. Gen'l., of Sub., U. S. A., and many others who became prominent citizens.
Dr. Tshudy, who enlisted in the army in 1861 when a very old man, was arrested and tried for the violation of an ancient law in undertaking to practice medieine, not being of the "Faculty." Under this law he was subject to a fine of $50, one-half of which was forfeited to the Association of regular physicians, and the other half to the informer. This prosecution occasioned great ex- citement which found expression, as was usual, in a public meeting, held in Hagerstown in July, 1836. John Witmer was the President and An- drew Hogmire was the Secretary. Speeches were made by Benjamin Yoe and other prominent gen- tlemen who believed in the "Thompsonian" or "Botanical" treatment of diseases and these gen tlemen affixed their names to a memorial to the Legislature protesting against the law and gravely asserting that the "Botanical" system was an in- fallible cure of rheumatism, dyspepsia and cholera. These and a great many other diseases enumerated, disappeared they said, under this treatment as if
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OF WASHINGTON COUNTY, MARYLAND.
by magic. The prominent features of the treat- ment were even more drastic than Dr. San Grado's favorite method and consisted of a liberal use of purgatives and emetics and sweat cloths.
Failures of crops had advanced the price of wheat in Hagerstown in December 1836, to $2.25 per bushel, and flour to $11 a barrel. These high prices in America attracted the attention of Europe, and for a second time vessels arrived in New York loaded with European wheat. There were twenty of these vessels, but sailing craft could not keep pace with the changes of the market, and by May, when the vessels had arrived the prospects for the new crop had carried prices down and the foreign wheat and rye were sold at a great loss to the shippers.
Among the arrivals by stage from the West in January 16, 1837, was General Santa Anna accompanied by Generals Hockley and Beeb. Santa Anna left the stage and went to his room in the Globe Tavern where he closely confined himself until his departure. He was described by one who saw him at the time as a "man above middle height, with a large face and a negative countenance." By a curious coincidence the name of the stage in which he took his departure for Washington was "The Texas."
Mention is made in the New York newspa- pers of January 1837, of Robert J. Brent and Jolin R. Key, recently of Hagerstown who were engaged in Washington in the trial of persons charged with burning the Treasury Department. These young gentlemen, the papers said, conducted the case with distinguished ability. Robert J. Brent had then been at the Bar but three years. By birth he was a native of Louisiana, but his family belonged to Charles County, Maryland, which his grandfather Fenwick represented in the State Senate many years. Soon after entering the bar Mr. Brent settled in Hagerstown, where he mnar- ried a daughter of Upton Lawrence. He was a prominent Democrat, a man of marked ability and remarkably attractive in social life. He removed from Hagerstown to Baltimore where he was en- gaged in active practice until his death in 1872. He occupied several official positions. He was several times in the legislature, a member of the
Constitutional Convention of 1850, and State's Attorney for Baltimore City.
Early in 1837 occurred four deaths worthy of note.
John Kausler, a soldier of the revolution, died January 18, at the age of 85 years. He was the father of Jacob Kausler and the grandfather of John H. and Joseph Kausler, of Hagerstown.
Peter Humrichouse died February 13, 1837, at the age of 84. He was a native of York, Pa., and entered the revolutionary army at German- town as a private under Captain Dunkin. ile soon earned and received a promotion to a lieuten- ancy. He was at Fort Washington and Trenton, being after this latter battle officer of the day to bury the dead. He was also engaged in many other battles and skirmishes in which he suffered greatly. Soon after his term expired he reentered the army with a lieutenant's commission and took part in the battle of Germantown. His wife was the daughter of Rev. Christian Post, of the Church of England. Among the early recollec- tions of Mrs. Humrichouse was being as a little girl in Jamaica where her father was stationed. Here one day whilst perched in a tree she saw her nurse devoured by an alligator. In 1798 Peier Humrichouse came to Hagerstown bringing with him his family, one member being Frederick Hum- richouse, then a boy of nine years, who spent a long and highly honorable and useful life in his adopted town.
The next day after the death of Mr. Hum- richouse, George Stake died in Williamsport, 72 years of age. At the close of the war, he was one of the guards over the British prisoners confined at Fort Frederick.
The Rev. Timothy Ryan died June 2, 1837, at the age of 53, in the midst of a career of useful ness. At the time of his death he was engaged in erecting a Catholic Church in Hancock. It was under his pastorate, which lasted sixteen years, that St. Mary's Catholic Church and parsonage, in Hagerstown, were erected. He had taken an active part in the cholera epidemic and the great number of deaths among members of his church kept him busy. He was a good man and highly respected in the county.
CHAPTER XVI
HE troubles among the workmen engaged in the construction of the Chesapeake & Ohio Canal were endless. They were either suffering with cholera, or at war among themselves, or with the Contractors, or with the people of the communities in which they were working. They were a wild set, and doubtless were treated with harshness and > injustice. On the 17th of May, 1838, another in- surrection began among them, this time occasioned by the non-payment of their wages. They insisted upon destroying the work they had done, since they were to receive no pay for it. The canal authorities called upon the militia for protection. Brigadier General O. H. Williams, who was then in command of the miltia of this end of the State, dispatched three companies to the scenes of the disturbances. These were the two Hagerstown companies under Captain Artz and Captain Rob- ertson, and the Smithburg Company under Cap- tain Hollingsworth. Major Barnes' Company was held in readiness to march. But little damage was donc at this time.
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The next year, however, in November, a most serious outbreak occcurred. The portion of the work between Hancock in Washington County and Little Orleans in Allegany County, was then un- der construction. There was an organization among the laborers which possessed five hundred stands of arms, and just about this time received a consignment of five hundred duck guns from Baltimore. A large body of irresponsible and desperate men armed in this manner was of course a constant. menace to the community ; and in fact, that whole portion of the two counties was
terrorized, and entirely at the mercy of the rioters. At Little Orleans at this time the outbreak began by an attack upon a number of German laborers, one of whom was thrown into the fire and burned to death; and a man named Hughes at Little Orleans was beaten so savagely that he died front his injuries. The miltary were summoned as speedily as possible. General Williams took com- mand of the companies of Gen. Thruston of Cum- berland, Major Barnes' Clearspring Cavalry and Col. Hollingsworth's Company. The militia was in the field five days, making a march of eighty- one miles ; many of the rioters were arrested and their arms taken from them.
Three inonths before this riot, one had taken < place at the tunnel, which was quelled by the com- panies of Thruston, Hollingsworth and Barnes. Mr. Charles B. Fiske was also engaged with them. The measures taken at this time were of a very drastic character, and brought serious trouble upon the officers. They arrested twenty-five of the lead- ing rioters, destroyed two hundred guns, pulled down fifty shantics and burned sixty barrels of whiskey. But it soon appeared that a portion of the property destroyed belonged to innocent indi- viduals who had taken no part in the riots. These appealed to the County and a suit was instituted against Messrs. Thruston, Hollingsworth and Fisk. The case came on for trial and it was de- cided that the defendants had exceeded their au- thority and acted illegally, and a judgment for $2,737 was rendered against them. They after- wards appealed to the Legislature for relief, but it was denied them in rather a curt fashion.
These were not the only storms and controver-
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sies which agitated the County at this time. A newspaper war of great ferocity was waged be- tween Obed Hussey on the one side and W. and T. Schnebly on the other over the new reaping machine just then coming into use. Each had invented a machine, and each claimed precedence. HIussey declared that Sehnebly's machine was copied from one which had been used in England. This William Schnebly was a great inventor. Among his contrivances was a printing platten press. The Philadelphia Saturday Courier pro- nounced this invention as great an improvement of the printing press as any ever made. A factory for its manufacture was started in Philadelphia in 1841. Politcal storms were not so violent as usual. The election in 1838 was carried by the Democrats : Robert Wason was elected Senator over Andrew Kershiner and Messrs. Wharton, Grove, Mason and Byers to the Assembly. The candi- dates for Congress were William Pricc, Whig, against Francis Thomas, Democrat, William H. Fitzhugh, independent Democrat. Thomas car- ried the County by about a hundred majority over both his competitors, and was elected in the dis- trict. John Carr was elected Sheriff, and John T. Mason, Michael Newcomer, Frederick Byers and William MeK. Keppler were sent to the House of Delegates. The contest between Price and Thomas did not end with the clection. In the course of a speech delivered at Cumberland during the campaign Mr. Price made some remarks about Mr. Thomas, which the latter bitterly resented, and forthwith sent a challenge. The duel however did not take place until August 1840. On the 5th day of that month the two principals, along with Messrs. William H. Norris. John McPherson and Jacob Hollingsworth went to Virginia at a place in the mountains a few miles distant fromn Ilan- cock, and there exchanged shots at a distance of twelve paces. Neither party was injured and there the difficulty was adjusted, "to the honor and satisfaction of all parties." The par- ties were always very reticent about the circum- stances of this meeting, and nothing more than this brief recital was ever given to the public.
In the campaign of 1838 an able champion of the Democratic cause arose in the "Washington County Democrat." George W. Smith had bought the "Courier and Enquirer," a newspaper which had been published in Hagerstown for some time and changed the name to "The Democrat." Mr. John Thompson Mason assisted Mr. Smith in cdit-
ing it. Under the law at this time, County Com- inissioners were elected by the several districts, each district electing its own commissioner. The election in Boonsboro' district in 1838 resulted in a tie between Messrs. Shafer and Ringer. At a new election, licld the following March, the candi- dlates were Robert Fowler, Whig, and Peter Show- man, Democrat. The former was elected by a vote of 273 to 182 for his opponent. This was the first public appearance of Robert Fowler, who afterwards took a conspicuous position in the County and State. He was a native of Montgom- ory County and came to Washington at an early age. He was one of the contractors who built the Leitersburg turnpike. In 1846 he was elected to the Legislature on the Whig ticket, over Wil- liam T. Hamilton, Democrat. He was engaged in distilling, in partnership with F. K. Zeigler. He was active in promoting the construction of the Washington County railroad, in which company he was a director up to the time of his death. Ile was several times elected Treasurer of Mary- land after he removed from Washington County. Judge David Fowler late of the Court of Appeals of Maryland is his son.
About the close of the year 1839 there was the greatest snow storm which had occurred within the memory of any then living. The snow began to fall on the 21st of Deceniber and in a short time the roads were blockaded, and the streets of Hagerstown rendered impassable. Pol- lard and Clay, the contractors then building the Franklin railroad, used their teams to break tracks through the snow drifts. Hagerstown was cut off front outside communication and no mails reached the town until three days after Christmas. Just as the roads were becoming passable, on January 2, another fierce snow storm set in with a hurri- cane. Snow was banked up to the height of twen- ty feet, and at Town Hill a stage was covered. In the following summer, Hagerstown experienced a more serious visitation. An incendiary set fire in the hay loft of the stable on the lot of S. and W. Knode, on the south-west corner of the Square -- running back to Bank alley in the rear of Hag- or's row. The fire soon communicated to this row, fronting on West Washington street, and most of these houses were destroyed by noon. In these buildings were the offices of the three Whig news- papers. the Torch Light, the Herald of Freedom and Our Flag. All of these were burnt out. Elliott Brown's barber shop, H. II. Ainsworth's hatter's
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OF WASHINGTON COUNTY, MARYLAND.
shop, Stewart's book-store and bindery, the clotli- ing store of Zaceheus McComas and the paint shop of James I. Hurley were all destroyed. These buildings were the property of J. D. Hager of Lexington, Kentucky. The three newspapers next obtained quarters in tlte three-story store build- ing on the north-east corner of the Square. The Mail came to the assistance of the unfortunate newspapers in publishing their next number. A melancholy incident oeceurred in Feb. 1839, which illustrates the ebaraeter and customs of the people of Hagerstown. Mrs. Sehleigh, the wife of Jolin Sehleigh, whilst suffering from mental aberration, disappeared from her home. The church-bells of the town were rung, and the people called together in town meeting; a regular seareh was instituted, but without suecess. The next day, the bells were again rung and the people assembled to re- eeive further instructions, and a still more careful and systematie search of every nook and corner of the town. The woman disappeared on Tuesday, and on the following Sunday she was found dead in Leonard Middlekauff's woods, a half mile from the town.
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