History of Leitersburg District, Washington County, Md.: Including Its Original Land Tenure., Part 4

Author: Herbert Charles Bell
Publication date: 1898
Publisher: The author
Number of Pages: 369


USA > Maryland > Washington County > Leitersburg > History of Leitersburg District, Washington County, Md.: Including Its Original Land Tenure. > Part 4


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38


HISTORY OF LEITERSBURG DISTRICT.


SCANT TIMBER.


Pelican was granted to Andrew Slush, October 27, 1759, with an area of ninety-five acres and adjoined The Resurvey on Ches- ter. Wendell Sights, a subsequent owner, secured a resurvey with an area of 540 acres and changed the name to Scant Timber, for which he was granted a patent on the 10th of March, 1766. This land adjoined the road that leads from the turnpike to the Old Forge, and Sights resided here for some years.


FATHER'S GOOD WILL.


The original name of this tract was Content, patented to John Stoner on the 24th of May, 1762, with an area of 230 acres. He secured a warrant for a resurvey, by which the area was increased to 1,365 acres, but died before completing the title; John Stoner, his oldest son, sold it to David Stoner, to whom the patent was granted, September 1, 1774, under the name of Father's Good Will.


This tract comprised the northeastern part of the District and also extended into Ringgold. It was one of the last of the ex- tensive original grants to be settled and improved. The principal purchasers of the Stoner lands in Leitersburg District were Chris- tian Garver, 197 acres, 1790; John Mentzer, 100 acres, 1793, and 30 acres, 1801; Peter Stotler, 109 acres, 1801. The farm now owned by William H. Hoffman was embraced in Christian Gar- ver's first purchase; his son, Isaac Garver, also resided here and in 1830 it was purchased by Jacob Barr. Garver subsequently bought one hundred acres from Abraham Stoner; it was also part of Father's Good Will and is now included in the farm of Mrs. Mary M. Newcomer. The greater part of the Mentzer land has continued in possession of the family four generations and is now owned by E. Keller Mentzer. Stotler's purchase was devised by will to his daughter Catharine, wife of Henry Yesler, who resided here for some years.


ELYSIAN FIELDS.


Among the original tracts in the extreme northwestern part of the District were Scott's Grief, one hundred acres, patented to Wiliam Douglass, May 4, 1752; Work Easy, twenty acres, patented to Henry Fore, June 10, 1761; The Resurvey on


39


EARLY LAND TENURE AND SETTLEMENT.


Nicholas's Contrivance, patented to James Downing, all of which eventually came into possession of Wiliam Douglass together with part of Collier's Amendment. He was a resident here in 1765. On the 27th of May, 1788, his son, Samuel Douglass, secured a warrant for the resurvey of these lands under the name of Elysian Fields, the area of which was 237 acres. In 1794 the tract was purchased from Samuel Douglass by Ignatius Taylor, who re- sided here until his death in 1807. The subsequent owners were Joseph Sprigg, Daniel Sprigg, Henry Funk, Henry Myers, and Daniel Jacobs, whose purchase was made in 1825. It is now owned principally by his descendants, Isaac Hykes and J. H. Hykes.


THE FARMER'S BLESSING.


The patent for this tract was granted to Dr. Henry Schnebley, November 16, 1793. It was a resurvey on Scant Timber, Schnebley's Neglect, Walker's Welcome to Antietam (forty-eight acres, patented to Samuel Hughes, August 7, 1770), and Well Meant (305 acres, patented to Thomas Johns, September 7, 1770). The original area was 573 acres. Dr. Schnebley died in 1805, having devised this tract to his son, Jacob Schnebley, who resided here for a time. In 1828 it was purchased from the adminis- trators of his estate by Frederick Ziegler, whose descendants still own a considerable part of it.


ADDITION TO CUMBERLAND.


This was a resurvey on All That's Left, Search Well and You Will Find, and Hunt for Timber (one hundred acres, patented to George Keeler, November 24, 1755). The patentee was Anthony Bell; the patent was granted on the 11th of April, 1794, and the area of the tract was two hundred acres. It is situated near Rock Forge and is now owned by the heirs of John Eshleman.


TURKEY BUZZARD.


This was a tract of 506 acres, a resurvey on Longmeadows En- larged, Collier's Amendment, and Well Meant. The patent was granted to Thomas Belt, October 24, 1794. In 1827 it was pur- chased by George I. Harry, who gave it the name of Colebrook. Both Belt and Harry resided here. It is now embraced partly in the farm of Isaac Shank.


40


HISTORY OF LEITERSBURG DISTRICT.


CUMBERLAND.


This was originally a tract of one hundred acres, patented to John Stoner, October 13, 1750. Its boundary is described as "Beginning at a small bounded locust about fifty yards north of Antietam creek about two miles from the Temporary Line."


In 1791 Daniel Hughes purchased from the heirs of Peter Shiess all of Allamangle, All That's Left, and Rich Barrens not previously sold, and in the same year he applied for a resurvey that should embrace all these lands, together with Cumberland and Great Rocks. Legal obstacles were encountered, however, and the patent was not granted until September 17, 1810. The tract was called Cumberland, and its area was 658 acres. It em- braced, wholly or in part, the farms of Leonard Senger, Daniel V. Shank, Lewis Lecron, John Kriner, Mrs. Fanny Strite, and William Barkdoll, extending across the northern central part of the District from near Jacobs church to the Leitersburg and Ringgold road. Colonel Hughes died in 1818, having devised this extensive tract by will to his son Robert, in whose possession it continued until his death in 1829.


SMALLER TRACTS.


In addition to the large tracts described the District also in- cluded others of smaller area. For instance, in a deed from Mi- chael Grebill to Sebastian Hartle (1813) for 275 acres adjacent to the road from Leitersburg to Chewsville the following original tracts are mentioned: The Resurvey on Well Taught, Skipton-on- Craven, Good, Hartle's Lot, The Resurvey on Poe's Part of Well Taught, Surveyor's Last Shift, Miller's Fancy, Strawberry Bot- tom, Small Timber, Jacob, Johnson's Lot, Baker's Rest, and Fry's Lot. And in a deed from Alexander Claggett to John Strite (1817) for 282 acres, now embraced in the farms of John F. Strite and W. Harvey Hykes, Brown's Grief, The Resurvey on Poe's Part of Well Taught, Collier's Amendment, The Resurvey on Well Meant, The Resurvey on Small Gain, and Tom's Chance are men- tioned as constituent tracts. Brown's Grief was surveyed in 1753 and patented by John McClelland in 1771. Its area was thirty acres. The boundary began "at a bounded Spanish oak standing on the northwest side of a stony hill near a great marsh known by the name of the black meadow."


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43


EARLY LAND TENURE AND SETTLEMENT.


ADJUSTMENT OF BOUNDARIES.


The original tracts were laid out with but little regard to regu- larity of outline. The prospective purchaser or his agent visited the locality in which he desired to secure land, and having ap- proximately determined the number of acres in the proposed tract applied to the provincial land office for a warrant for its survey, which was executed by a deputy surveyor. Marshes and hills were avoided; smooth land of apparent fertility was most desired, and hence the lines were usually run so as to include as much of the latter and as little of the former as possible, often resulting in an almost interminable succession of courses and distances.


In determining the boundaries of a tract of land it is essential to know with certainty the location of some point from which distance and direction have been taken. The point most desir- able for this purpose is "the place of beginning," which in the original surveys was usually a bounded tree; i. e., a notched tree or one from which the bark was removed in a circle a foot or more wide. This served the immediate purpose well enough, but such a tree dies as a result of the process and in the course of years falls to the ground, undistinguishable from others that have shared the same fate. When this occurred it became a matter of import- ance to identify the point the tree was intended to mark; and in cases of this kind the law provided that on application by the owner of the tract the county court should appoint commission- ers to meet upon the ground, take testimony, and erect a perma- nent corner-stone. Thus, at August session, 1769, upon petition of Lawrence O'Neal, the Frederick County court appointed a commission to determine and perpetuate the boundary of Great Rocks. Two of the commissioners, Daniel Hughes and William Beard, met on the tract in question, June 2, 1770, when the fol- lowing proceedings were taken:


The boundary, a large white oak, being destroyed, there is set up a stone at the same place marked on the south side G B R.


Peter Bell, being duly sworn, sayeth that a large white oak where the stone marked as above is set up he heard was the boundary of Great Rocks and saw references taken from it by said name.


Anthony Bell, being sworn, saith that he saw a small white oak bush which grew close to the old white oak marked for the boundary of Great Rocks in place of said old tree, and said small bush stands there still but is on the decay; and likewise was sworn chain carrier 3


44


HISTORY OF LEITERSBURG DISTRICT.


when reference was taken from said white oak by the name of the boundary of Great Rocks.


Peter Shiess, being sworn, saith as above and no more.


The boundary of Skipton-on-Craven was similarly determined on the 6th of November, 1772, by William Beard and Christopher Burkhart, commissioners appointed by the Frederick County court upon petition of Jacob Good. The proceedings in this case were as follows:


George Hartle, being sworn, saith that he was two times with the surveyors and saw them start from an old Spanish oak, which oak went by the name of the boundary of Skipton-on-Craven, and that for several years he understood said oak to be the boundary of Skip- ton-on-Craven.


John Reiff solemnly affirmeth and saith that he frequently saw the surveyors run to and from an old Spanish oak near Jacob Good's saw-mill by the name of the boundary of Skipton-on-Craven.


Frederick Hartle, being sworn, saith he was chain carrier when the surveyor ran that part of land called Skipton-on-Craven and that they ran from an old Spanish oak near Jacob Good's saw-mill, which oak he understood was the boundary of Skipton-on-Craven.


George Lambert, being sworn, saith he saw an old Spanish oak near Jacob Good's saw-mill, notched on two sides, and for many years knew it by the name of the boundary of Skipton-on-Craven.


The above boundary being destroyed, we have set up a stone marked on the south side "1772" and three holes marked with a punch, and on the east edge three marks with said punch.


The disappearance of old landmarks and the frequency of dis- putes over boundary lines resulted in 1786 in the passage of an act of Assembly authorizing the owners of contiguous lands to unite in the employment of a competent surveyor to run the lines of their respective holdings and erect permanent corner-stones. Under the provisions of this law an extensive resurvey was made in 1792, embracing the site of Leitersburg and many farms in the center of the District. The parties to this agreement were John Gabby, Christopher Burkhart, Jacob Leiter, Martin Grider, Christian Lantz, George Lantz, Peter Leiter, Henry Solmes, Sam- uel Kraumer, Sebastian Hartle, Joseph Long, Frederick Hartle, Henry Walter, and Peter Stotler, and the surveyor was Ambrose Geohagen. Division lines were resurveyed, discrepancies ad- justed, conflicting claims compromised, and corner-stones erected, inscribed with the date, 1792, and distinguishing initials. Some


45


EARLY LAND TENURE AND SETTLEMENT.


of these monuments still possess legal significance, although in the lapse of a hundred years the boundaries of farms have changed.


In 1811 a similar resurvey was made by Jonas Hogmire for a number of land owners in the northeastern part of Leitersburg District and adjacent territory in Ringgold and Cavetown.


MASON AND DIXON'S LINE.


Mason and Dixon's Line, the northern boundary of the Dis- trict and for many years the northern limit of slavery, represents the conclusion of a controversy continued through several genera- tions between the successive Proprietaries of Maryland and Penn- sylvania. By the terms of Lord Baltimore's charter his grant extended northward "unto that part of Delaware Bay which lieth under the fortieth degree of north latitude and westward in a right line." These limits embraced the State of Delaware and a strip of Pennsylvania territory about twenty miles wide, includ- ing the city of Philadelphia. The southern limit of Penn's grant is described as "a circle drawn at twelve miles distance from New Castle northward and westward unto the beginning of the for- tieth degree of northern latitude and then by a straight line west- ward." His Province would thus have embraced the greater part of Maryland, including the city of Baltimore.


In the controversy that ensued Lord Baltimore had the ad- vantage of priority, Penn that of possession and power. In jus- tice to the claims of the latter, however, it should be stated that the map used in making both grants was one published in 1614 by Captain John Smith, in which the location of the fortieth parallel is nearly identical with that of Mason and Dixon's Line.


At an early period in the controversy the Maryland Proprie- taries were obliged to concede the claims of the Penns east of the Susquehanna, but they still hoped that west of that river the northern limit of their charter would be recognized. Accord- ingly, under Governor Ogle's administration strenuous efforts were made to colonize the present territory of York County, Pa., in the Maryland interest and to maintain jurisdiction there by force of arms. 'A border war ensued, reference of which is especial- ly pertinent here, as two of the most active partisans in the Maryland interest, Cresap and Charlton, subsequently became


.


46


HISTORY OF LEITERSBURG DISTRICT.


residents of Leitersburg District. These troubles were termin- ated in 1738 by a royal order establishing a temporary line, fifteen and one-fourth miles south of Philadelphia east of the Susque- hanna; west of the river, fourteen and three-fourth miles south of that city. The latter part of the line was run by Lawrence Grow- den and Richard Peters, commissioners, and Benjamin Eastburn, surveyor. They began at the Susquehanna on the 8th of May, 1739, and proceeded westward "to the top of the most western hill of a range of hills called the Kittochtinny hills [North mountain], distant from the place of beginning about eighty- eight statute miles."* On the 28th of the same month the sur- vey was reported as completed. The line thus run is known as the Temporary Line. Its course was marked at frequent inter- vals by blazed trees. In the longitude of Leitersburg District the Temporary Line was about 225 perches north of Mason and Dixon's,t and the intervening territory in Pennsylvania was all secured under Maryland tenure.


It was doubtless expected that a permanent survey would soon supersede the Temporary Line of 1739; but it was not until 1760 that the Penns and Lord Baltimore entered into an agreement by which the controversy was finally terminated. In 1763 Charles Mason and Jeremiah Dixon, two eminent mathematicians and surveyors, were employed to run the lines agreeably to the terms of this agreement. The lines that constitute the present bound- aries of the State of Delaware first engaged their attention. In the survey of the line that bears their name they reached the Sus- quehanna on the 17th of June, 1765, and crossed South moun- tain about the 1st of September. The following entries occur in their journal during the survey across the Cumberland valley:


September 4. At 93 m. 63 ch. crossed the first rivulet running into Antietam. At 94 m. 62 ch. crossed a second rivulet running into An- tietam. This rivulet is at the foot of the South mountain on the west side.


* Pennsylvania Archives, Vol.,I, p. 613.


t In the office of the county surveyor of Washington County there is a connected draught of Fabian's Marsh, Poor Robin's Almanac, and other tracts, on which the course of the Temporary Line is indicated about twenty-five perches north of the northern point of Fabian's Marsh, which is also the northern point of a tract of land deeded to Joseph M. Bell by the heirs of David Jacobs in 1881. This point is about two hundred perches north of Mason and Dixon's Line between the first and second mile stones west of the Antietam.


.


47


EARLY LAND TENURE AND SETTLEMENT.


5. Brought the sector to this side of the mountain.


6. Set up the sector in our direction at the distance of 94 m. 63 ch. 10 1. from the post" marked west in Mr. Bryan's field, and made the following observations.


The journal from September 7th to 18th consists entirely of astronomical observations and computations based thereon for the purpose of determining the true parallel.


19. Packing up the instruments, etc.


20. Began to run the line in the direction found per stars on the' 9th inst., corrected so as to be in the parallel at 20' west (supposing us to change at every 10' as usual).


21. Continued the line. At 95 m. 38 ch. crossed a brook1 running into Antietam. At 96 m. 3 ch. Mr. Stophel Shockey's house 7 ch. north.


23. Continued the line and crossed Antietam creek at 99 m. 35 ch.


24. Continued the line. At 101 m. 71 ch. Mr. Samuel Irwin's spring' house 2 ch. north. At 102 m. 34 ch. Mr. Michael Walker's house 4 ch. north. At 102 m. 67 ch. a rivulet' running into Antietam. At 102 m. 70 ch. Mr. William Douglass's house' 4 ch. north.


25. Continued the line. At 103 m. 69 ch. crossed a road" leading to Swaddinger's Ferry on Potomac.


26. Continued the line. At 105 m. 78 ch. 67 1. changed our direction as usual. At 106 m. 4 ch. Mr. Ludwig Cameron's house 4 ch. north.


27. Continued the line.


28. At 108 m. 5 ch. crossed the road' leading from Carlisle to Wil- liams's, now Watkin's Ferry, on Potomac.


30. Continued the line. At 108 m. 65 ch. Mr. Thomas Meek's house 2 ch. south. At 109 m. 14 ch. crossed Conococheague creek.


October 1. Continued the line.


2. Continued the line. At 112 m. 20 ch. crossed a road leading from the Temporary Line to Frederick Town.


3. Continued the line. At 114 m. Mr. Philip Davis's house one mile and a half north by estimation.


*The northeastern corner of Maryland, described as "situated in Mill Creek Hun- dred in the County of New Castle on a plantation belonging to Mr. Alexander Bryan."


1 Near Midvale station on the Western Maryland railroad.


" This spring is on the farm of John H. Miller near the intersection of the line with the Leitersburg.and Greencastle road.


' Marsh Run.


" Near the present residence of Isaac Hykes.


" This is probably the road laid out in 1749 under direction of the Frederick County court by Thomas Cresap and Thomas Prather from the Potomac river to the Pennsyl- vania line "through Salisbury plains."


" The present Williamsport and Greencastle road.


!


48


'HISTORY OF LEITERSBURG DISTRICT.


4. Continued the line. At 115 m. 42 ch. crossed a small rivulet at the foot of the North mountain.


A series of astronomical observations was begun on the 7th of October, upon the conclusion of which the party returned to the Susquehanna. The journal reads as follows:


Packed up our instruments and left them (not in the least dam- aged to our knowledge) at Captain Shelby's .*


Repaired with Captain Shelby to the summit of the mountain in the direction of our line; but the air was so hazy, prevented our see- ing the course of the river.


27. Captain Shelby again went with us to the summit of the mount- ain (when the air was very clear) and showed us the northernmost bend of the river Potomac at the Tonoloways, from which we judge the line will pass about two miles to the north of the said river. From hence we could see the Allegheny mountains for many miles and judge it by appearance to be about fifty miles distance in the direction of the line.


28. Set off on our return to the river Susquehanna to mark the off- sets from our visto to the true parallel. Set off the offsets to the 109th mile post.


29. Set off the offsets to the 96th mile post.


30. Set off the offsets to the 87th mile post.


They reached the Susquehanna on the 6th of November and on the 8th "discharged all hands." The westward survey was re- sumed on the 1st of April, 1766. Sideling Hill creek, the western boundary of Washington County, was crossed on the 29th of April, and the party reached the foot of Savage mountain early in June. The following entry occurs under date of June 18th:


Set up a post (18 inches square, 3 feet in the ground and 5 out) at the distance of 3.66 chains north of the sector, marked M on the south side, P on the north side, and W on the west, and began to cut a visto in the true parallel or line between Maryland and Penn- sylvania by running it through points we have laid off from the line we have made at every ten chains.


They reached the 118th mile post, on the North mountain, July 19th; the 107th, near Mason-Dixon station on the Cumber- land Valley railroad, on the 26th; the 96th, near Ringgold, Md., on the 2d of August; and the 85th, east of the South mountain, on the 9th. On the 25th of September this work was completed to "the intersection of the meridian from the tangent point with


* Evan Shelby, father of Isaac Shelby, the first Governor of Kentucky.


49


EARLY LAND TENURE AND SETTLEMENT.


the parallel"-the northeastern corner of the Province of Mary- land. Regarding this visto the following entry occurs in the journal under date of September 25th:


From any eminence in the line where fifteen or twenty miles of the visto can be seen (of which there are many) the said line or visto very apparently shows itself to form a true parallel of northern lati- tude. The line is measured horizontal; the hills and mountains, with a 161/2 foot level.


Besides the mile posts we have set posts in the true line (marked W on the west side) all along the line opposite the stationary points where the sector and transit instruments stood. The said posts stand in the middle of the visto, which in general is about eight yards wide.


It thus appears that Mason and Dixon crossed the Cumberland valley three times in making their survey. The line run from east to west in September and October, 1765, was not the true line, but its variation from the true line at intervals of ten chains was determined by astronomical observation and computation. The true line was marked from west to east in October, 1765, at eight points in every mile, determined by measurement from the line first run. The true line through the points thus determined and marked was finally run in July and August, 1766, when the visto thereon was also cut out, and here again the surveyors pro- ceeded from west to east. But the work was not yet completed. In 1768 stones were planted at the end of every fifth mile en- graved with the arms of the Penns on the north side and those of the Calverts on the south side; the intermediate miles were marked with stones engraved with the letter P on the north side and M on the south. These stones were imported from Eng- land.


A five-mile stone stands near the eastern line of Leitersburg District, between the farm of William H. Hoffman in Maryland and that of John Bonebrake in Pennsylvania, and another for- merly stood at the terminus of the Marsh turnpike, where it formed the northwestern corner of the District. Of the four in- termediate mile stones along the District line three still stand, located as follows: On the farm of Mrs. C. B. Deitrich, east of Antietam creek; west of that stream, between the lands of Augus- tus Shiffler in Maryland and David B. Shoemaker in Pennsyl- vania, and between the lands of Franklin M. Strite in Maryland


50


HISTORY OF LEITERSBURG DISTRICT.


and those of Henry Barkdoll in Pennsylvania; the fourth for- merly stood on the farm of John H. Miller, three perches west of the Leitersburg and Greencastle road.


The surveyors were accompanied by a full complement of as- sistants, including laborers, axemen, wagoners, etc. In Septem- ber, 1767, far to the westward of Fort Cumberland, twenty-six of their assistants deserted through fear of the Indians and only fifteen axemen remained, from which it is evident that the party numbered about fifty persons. From July 19 to August 9, 1766, they cut out the visto at the rate of eleven miles per week, an average of nearly two miles per day, as it is evident from the journal that no labor was performed on Sunday. This visto con- situated the first road to Jacobs church and doubtless determined the selection of its site.


CHAPTER II.


SOCIAL AND MATERIAL DEVELOPMENT.


LANGUAGE, DRESS, ETC .- SLAVERY-ERECTION AND BOUNDARIES OF LEITERSBURG DISTRICT-POLITICS-" IN WAR TIMES "- AGRICULTURAL DEVELOPMENT-POSTAL FACILITIES-PUBLIC ROADS- BRIDGES -TURNPIKES-MILLS-ROCK FORGE-DIS- TILLERIES-TANNERIES, TEXTILE MANUFACTURES, ETC.




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