A history of the Juniata Valley and its people, Volume I, Part 5

Author: Jordan, John W. (John Woolf), 1840-1921, ed
Publication date: 1913
Publisher: New York, Lewis Historical Publishing Co.
Number of Pages: 560


USA > Pennsylvania > A history of the Juniata Valley and its people, Volume I > Part 5


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Had the boundaries as described in the deed been established the pur- chase would have included all the western part of the state. The creek called Kayarondinhagh is Penn's creek, which flows into the Susque hanna at Selinsgrove, Snyder county. Starting from the river a mile above the mouth of that creek, a line running "northwest and by north," as the deed calls for, would strike Lake Erie a few miles east of the city of Erie, and all south of that line and west of the Blue hills would have been the extent of the territory purchased. The expressions of dissatisfaction among the Indians over the boundary led to a conference at Aughwick, in September, 1754, at which time the representatives of the different tribes declared that it was not their intention to sell the west branch of the Susquehanna, and that they would never agree to any boundary that extended to Lake Erie. To adjust the question of boundaries another treaty was concluded at Easton, Pennsylvania, on October 22nd, when the line starting a mile above Penn's creek was


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made to run "northwest and by west to a creek called Buffalo creek ; thence west to the east side of the Allegheny or Appalachian hills ; thence along the east side of the said hills, binding therewith to the south line or boundary of the said province ; thence by the said south line or boun- dary to the south side of the Kittachtinny hills; thence by the south side of the said hills to the place of beginning."


The purchase, as defined by the restricted boundaries, included all of the counties of Perry, Juniata, Mifflin, Huntingdon, Bedford, Blair and Fulton ; nearly all of Snyder; about one-half of Center, and portions of Union, Franklin and Somerset. The boundaries were confirmed by the Indians on October 23, 1758, after which time there was no dispute regarding the ownership and possession of the Juniata valley.


During the latter part of 1754 and the early part of 1755 a number of settlers came into the Juniata valley. The land office was opened for the entry of lands in the new purchase on February 3. 1755, and the same day Barnabas Barnes was granted a tract of land in what is now Tell township, Huntingdon county. About two weeks later he received a warrant for a tract in what is now Wayne township, Mifflin county. On February 4 James Patterson received his warrant for 400 acres at Mexico, where he had been living since 1751. On May 26, 1755, James McDowell applied for 300 acres "at a place called the Burnt Cabins at Aucquick." William Maxwell also applied about the same time for 300 acres, "including Falkner's (Falconer's) and William and Thomas Thompson's improvements at Aucquick." No warrants were issued on these applications, but the intention of the applicants to become residents is clearly shown. On June 25, 1755, Anthony Thompson received title to a tract on the little Aughwick, and some time during the year Hugh Crawford, so he afterward claimed, made some improvements where the borough of Huntingdon now stands.


Concerning the first white men to locate in Mifflin county, Egle's "History of Pennsylvania" says: "The first settlers came from the Conococheague, by way of Aughwick. They were Arthur Buchanan, a brave backwoodsman, his two sons, and three other families, all of whom were Scotch-Irish. They encamped on the west side of Kishico- quillas creek, near its mouth, opposite the Indian town on the present site of East Lewistown, when Buchanan, who was the leader, proceeded to negotiate for land. At first he found the Indians unwilling, but,


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meeting with the chief, whom he christened Jacobs, from his resemblance to a burly Dutchman in Cumberland county, he succeeded in obtaining the land, now the principal part of Lewistown, west of the creek, ex- tending up the river. This was in 1754. To this favored spot, this year and the forepart of the next, 1755, he induced so many persons to come to his settlement that the Indians who adhered to Jacobs became dissatis- fied, destroyed their town, and left. The council-house of the Indians was on the east side of the creek, opposite Buchanan's cabin, and a line of wigwams belonging to a number of different tribes stretched to the north along the stream."


Among those who received land warrants in Mifflin county in 1755 were: Everhart Martin, James Alexander, Edward Bates, George Sig- ler, Alexander Hamilton, Andrew Bratton, Samuel Holliday, Alexander Torrentine, Robert Brotherton, William Brown, James Reed and Robert Taylor, most of whom located along the Juniata or in the Kishacoquillas valley.


Some of those who had been driven out of Juniata county in 1750 returned soon after the purchase of 1754, accompanied by a number of others who entered lands and established homes. Among these pioneers were: Alexander Maginty, John McClellan, Robert Campbell, William Buchanan, William Patterson, William Beale, James Kennedy, Alex- ander Dennison, James McMahan, George and John Armstrong, Wil- liam White, James Purdy, William Huston, John Lycon, James Michel- tree, William Stewart and Francis West. all of whom entered lands in the year 1755, and some of their descendants still reside in the county.


John Pfoutz, whose land Egle says was the first located by order from the land office, settled in what is still known as Pfoutz's valley, in Perry county. James Baskins, Marcus Hulings and a few others located about the mouth of the Juniata, some of them before the land was pur- chased from the Indians. Other settlers in Perry county were the Rob- isons, Robert and James Wilson, Andrew Simeson, Robert Pollock, Hugh Miller, William Darlington, Samuel Hunter, James Mitchell, William Croncleton, Ross Mitchell, James Dixson, Alexander Roddy, who was one of the squatters driven out in 1750, James Cowen and James Blaine.


A more complete account of these early settlers will be found in chap- ters on county and township history. During the French and Indian


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war many of them abandoned their frontier homes and fled to the more thickly settled portions of the province, returning after the close of hostilities, from which period the history of the actual permanent set- tlement of the valley has its beginning.


CHAPTER IV


HUNTINGDON COUNTY, ORGANIZATION, ETC.


First Counties in Pennsylvania-Huntingdon the Eighteenth-Organic Act-Boun- daries Defined-Location of County Seat-Trustees-First County Officers-Court Houses-Jails-Dispute over Boundary Lines-Opposition to the Federal Con- stitution-Open Rebellion in Huntingdon County-Conrad Weiser-John Harris' Journey-Early Settlements-Reduction in Size-Present Area-Slavery-Dele- gates to Constitutional Conventions-Benjamin Elliott-Andrew Henderson- David R. Porter-John Scott-John McCulloch-John M. Bailey-R. Milton Speer-The Civil List.


T HE organization of counties in Pennsylvania began in 1682, when William Penn divided the province into the counties of Chester, Philadelphia, and Bucks. No boundaries were designated farther than the lines separating the counties where they joined each other, their limits in all other directions extending to the borders of the province. The lines of separation were confirmed by the provincial council on April 2, 1685. Of the three original counties Chester was much the largest and from its territory a number of new counties have been erected. Lancaster was cut off by the act of May 10, 1729, and was the fourth county to be organized in the state. Twenty years later York county was erected and by the act of January 27, 1750, "the lands lying to the westward of Susquehanna, and northward and westward of the county of York," were erected into a county called Cumberland. Bedford county was taken from Cumberland on March 9, 1771, and was the last county erected prior to the Revolutionary war. Huntingdon county, the eighteenth to be formed in the state, was originally a part of Ches- ter county. It was erected from part of Bedford by the act of Septem- ber 20, 1787, the preamble of the act and the section relating to the boundaries being as follows :


"Whereas, it hath been represented to the General Assembly of this State, by the inhabitants of that part of Bedford county which lies on


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the waters of the Frankstown branch of the Juniata, the lower part of the Raystown branch of the same, the Standing Stone valley, part of Woodcock valley, the waters of Aughwick creek, and other north- easterly parts of the said county of Bedford, that they labor under great hardships from their great distance from the present seat of justice, and the public offices for the said county now in the town of Bedford: For remedy whereof,


"Be it enacted, etc., That all and singular the lands lying within the bounds and limits hereinafter described and following, shall be, and are hereby, erected into a separate county by the name of Hunting- don county; namely, beginning in the line of Bedford and Franklin counties, where the new state road (by some called Skinner's road), leading from Shippensburg to Littleton, crosses the Tuscarora moun- tain ; thence in a straight course or line to the Gap in Shade mountain, where the road formerly called Potts' road crosses the same, about two miles north of Littleton: thence by a straight line to the Old Gap, in Sideling Hill, where Sideling Hill creek crosses the mountain; thence in a straight line by the northerly side of Sebastian Shoub's mill, on the Raystown branch of Juniata; thence on a straight line to the Elk Gap, in Tussey's mountain ; computed to be about nineteen miles above or southwesterly of the town of Huntingdon ( formerly called Standing Stone), and from the said Elk Gap. in a straight line, to the Gap at Jacob Stevens' mill, a little below where Woolery's mill formerly stood, in Morrison's cove ; thence in a straight line by the southerly side of Blair's mill, at the foot of the Allegheny mountain; thence across the said mountain, in a straight line, to and along the ridges dividing the waters of the Conemaugh from the waters of Clearfield and Chest creeks, to the line of Westmoreland county ; thence by the same to the old purchase line, which was run from Kittanning to the West Branch of Susquehanna river; and along said line to the said West Branch, and down the same to the mouth of Moshannon creek, and along the remaining lines or boundaries which now divide the county of Bedford from the counties of Northumberland, Cumberland and Franklin, to the place of beginning."


The act contained the usual provisions concerning the holding of courts, fixing the time for the sessions on the first Tuesday in the months of December, March, June, and September, and the place of meeting at the house of Ludwig Sell, in the town of Huntingdon, until a court- house should be erected. With regard to the location of the county seat and the erection of public buildings the act contained the following preamble and section :


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"And whereas, the petitioners for erecting the said county, have unanimously represented to this house, that the town of Huntingdon, on the river Juniata, is a proper and central place for the seat of jus- tice in the said county ; and the proprietor of said town, at the desire and with the approbation of the inhabitants and owners of lots and buildings in the same, hath laid off and set apart a proper and suf- ficient quantity of grounds, for the site of a court house, county gaol and prison, and hath engaged to give, assure and convey the same to the commonwealth, in trust and for the use and benefit of the said county ; provided the said town of Huntingdon shall be fixed upon by law as a proper place for the seat of justice in the said county: There- fore,


"Be it further enacted, etc., That Benjamin Elliott, Thomas Duncan Smith, Ludwig Sell, George Ashman and William McAlevy, be, and they are hereby appointed trustees for the said county of Huntingdon, and they, or any three of them, shall take assurance of and for the lands and grounds proposed to be appropriated as aforesaid, in the said town of Huntingdon, for the site of a court house and county gaol or prison, and shall take care that the quantity of ground so to be appropriated be sufficient and convenient for the public purposes afore- said, and as little detrimental as possible to the proprietors and owners of contiguous lots and buildings ; which assurance and conveyance of the grounds, as aforesaid, the said trustees, or any three of them, shall take in the name of the commonwealth, in trust and for the use and benefit of the said county of Huntingdon, and thereupon erect a court house and prison, sufficient to accommodate the public service of said county."


Soon after the passage of the act creating the county, officers were appointed for the transaction of the public business. Lazarus B. McClain received his commission on September 25, 1787, as clerk of the court of quarter sessions, orphans' court, prothonotary, etc., and was the first official to be appointed. Four days later Andrew Henderson was commissioned recorder of deeds, register of wills, and justice of the county court, and on December 13th he was commissioned prothonotary. On October 22d Benjamin Elliott was commissioned sheriff. Robert Galbraith was appointed president of the county court of common pleas, orphans' court, court of general quarter sessions and jail delivery on November 23, 1787, and on the same day Thomas Duncan Smith, John Williams, Thomas McCune and William Phillips were commissioned justices of the county. Samuel Thompson was appointed coroner on


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November 30, 1787, and on December 5th David McMurtrie was ap- pointed treasurer.


As provided in the organic act, the courts were held in the house of Ludwig Sell until the erection of a court-house. Sell's house was a double two-story log structure on Allegheny street, between Second and Third streets, and was kept as a tavern by Mr. Sell, being the first public house of entertainment in Huntingdon. It was not long, however, until the trustees took the necessary steps to carry out the provisions of the act in the matter of erecting a court-house and jail. The first court-house stood between Penn and Allegheny streets, fronting on Third street. It was a brick edifice of three stories, one of which was a basement, in which were the offices of the prothonotary, register, recorder and clerk of the courts. Upon its completion the justices were escorted to the court-house with fife and drum, and for some time this method was in use to announce the sessions of the court. In 1798 a bell was placed on the court-house, after which the use of the fife and drum was discon- tinued. The bell weighed 254 pounds and bore the inscription "Cast by Samuel Parker, Philadelphia, 1798. William Smith, D.D., to the Bor- ough of Huntingdon, Juniata." When the old court-house was torn down in the spring of 1848 the bell was placed upon the public school building, where it continued in use until December 12, 1861, when it was broken while ringing for school.


The second court-house was erected upon the north side of Penn street, between Second and Third streets, and was completed in 1842. The lots upon which it stood-Nos. 31 to 34, inclusive-were formerly the property of Stephen Drury and John Cadwallader, Drury owning lot No. 31 and Cadwallader the others. In August, 1793, these gentle- men mortgaged their lots to the county for $100 each, and on June 25, 1839, Governor Porter approved a resolution of the legislature transfer- ring the "lien, right, title and claim of the commonwealth of Pennsyl- vania of, in and to the lots under the mortgages to the county of Hunt- ingdon, for the use and purpose of building by said county of a court- house and other necessary buildings for the said county, therewith and thereon, and for such other uses as the commissioners of said county shall hereafter determine." Shortly after the adoption of this resolu- tion the lots became the property of the county by legal process and the


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erection of the court-house was begun. It was used from 1842 until the present court-house was built.


About 1876 it became apparent that the court-house was inadequate to the needs of the county, and the question of making additions and repairs came up for consideration. Successive grand juries recom- mended the erection of a new building, and on April 21, 1882, the com- missioners passed the following resolution: "In order to carry out the instructions of the grand juries in the matter of repairing and remodel- ing the court-house, it was unanimously resolved to issue bonds to an amount not exceeding seventy-five thousand dollars, interest payable at four per cent. per annum, date of issue June 1, 1882. The above reso- lution to be presented to the court for approval."


The court approved the action of the commissioners, and on April 28, 1882, the plans submitted by M. E. Beebe, an architect of Buffalo, New York, were accepted by the board, which was then composed of Henry Davis, Nicholas Isenberg and Samuel P. Smith. Bids were then advertised for, and on May 17, 1882, the contract was awarded to Henry Snare & Company for $71,300. On December 5, 1883, the building was accepted as complete upon the report of a special commis- sion consisting of John Covert, John A. Blair, Henry Neff, J. F. N. Householder, G. W. Reynolds and Theo. H. Cremer. Some changes were made in the original designs, which brought the total cost of the building up to about $73,000. It occupies the site of the court-house erected in 1842.


Concerning the first jail in the county, Lytle says: "A building that had been erected before the formation of the county was first used for that purpose. Its location is now unknown. In a letter written at that time, it is mentioned as a 'block-house.' It may have been the remains of the old fort built during the Revolutionary War."


On August 25, 1791, Dr. William Smith, founder of the town of Huntingdon, conveyed to the trustees lot No. 41 as a site for a county prison. A log jail was erected there in that year and several sessions of the court were held in the building before the completion of the court- house. Some years later the jail was destroyed by fire, its single pris- oner at the time being burned with the building. The lot upon which it stood was on the east side of Second (then St. Clair) street, directly


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opposite the end of Penn (then Hill) street. When the turnpike was completed to Huntingdon it passed over the lot where the old jail stood, and which is now the continuation of Penn street toward Standing Stone creek.


Not long after the destruction of the first jail by fire, a second one was erected. It was a small stone structure on Third street north of Mifflin, "standing back against the hill, with a yard in front of it, run- ning down towards the street." It served as a county prison until 1829, when the present jail was erected south of it, on the line of Mifflin street, the jail yard extending back to Church street. About the time the present court-house was completed the jail came in for severe criti- cism, on account of its antiquated architecture and unsanitary condi- tions. Nothing was done toward its improvement, however, until 1911, when the jail was practically rebuilt at a cost of about $19,000.


Although the act erecting the county designated the boundaries, no attempt was made to run and mark the lines until nearly two years later. On April 3, 1789, the supreme executive council appointed Benjamin Elliott, of Huntingdon; Matthew Taylor, of Bedford; and James Har- ris, of Cumberland County, "to run and ascertain the boundaries of Huntingdon county." Before the work of this commission was com- pleted Mifflin county was erected by the act of September 19, 1789, and when an attempt was made to run the line between Mifflin and Huntingdon both counties laid claim to a small strip of territory south of the Juniata river. Jones says that a majority of the residents in the disputed territory favored the Mifflin county cause, and adds: "They were mostly Irish; and, since the wars were over and no enemy to fight, were ever ready, with true Irish hospitality, to take a brush with their neighbors." While the dispute was at its height, John Pat- ton, the sheriff of Huntingdon county, went into the district in con- troversy for the purpose of serving writs that had been placed in his hands. The people, learning of his coming, congregated at an Irish tavern at Drake's ferry, took him into custody and lodged him in the Mifflin county jail at Lewistown. He secured his release on a writ of habeas corpus and, smarting under the humiliating treatment to which he had been subjected, returned to Huntingdon, where he organized a posse, determined to serve the writs at all hazards. Again the people assembled to make resistance, but fortunately the sheriff and his posse


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took a different route from the one expected, the hostile factions failed to come together and violence was thus avoided.


The question was finally settled by legislative action, but not until two acts had been passed relating to the boundary line. On April I, 1791, an act was passed defining the line from Concord gap north to the Juniata river and appointing commissioners to run it. As this line would have included all that part of Mifflin county above McVeytown in Huntingdon county, the people of the former opposed the measure and succeeded in securing the passage of another act on March 29, 1792, which designated the boundary between the counties as "a straight line beginning in the middle of the Water Gap in the Tuscarora moun- tain and from thence to the river Juniata, in such direction as to include Joseph Galloway's farm within Huntingdon county, at the mouth of Galloway's run, shall be the line between Huntingdon and Mifflin counties."


This ended the controversy concerning the territory south of the Juniata river, though the line was more clearly defined by the act of April 5, 1834. In 1895 a dispute arose regarding the boundary line north of the Juniata, which was carried to the supreme court of the state before it was settled. An account of this controversy will be found in Chapter VI.


In May, 1787, a convention of delegates from the several states met at Philadelphia for the purpose of revising the articles of con- federation. Instead of revising the old agreement that had held the colonies together during the trying times of the Revolution, they adopted a new constitution, which was signed by most of the delegates on September 17, 1787, only three days before the passage of the act erecting Huntingdon county. Later in the year the Pennsylvania convention to accept or reject the new constitution assembled, Benjamin Elliott, of Huntingdon, being one of the delegates. Opposition to the constitution developed in various sections of the country, chiefly on the ground that it was one of compromise and concession, so made in the effort to harmonize conflicting interests, and that it lacked the virility which ought to distinguish the organic law of the new republic.


In no part of the country was the opposition more marked or of a more violent character than in Huntingdon county, where the leader against the constitution was Colonel William McAlevy, a man of


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influence, who had won his title of colonel in the Revolutionary war and had been particularly active as the foe of the Indians and Tories. About the time of the constitutional convention in the spring of 1787, he became an enthusiastic Democrat and his house at McAlevy's fort, in the Standing Stone valley, was a sort of political headquarters for his numerous followers, over whom his control was almost absolute, though it does not appear that he personally took an active part in the riotous proceedings that followed the ratification of the obnoxious constitution.


The first pronounced demonstration was made on the opening day of the session of the court in March, 1788, when a large number of men armed with clubs and bearing an effigy of Colonel John Cannon, member of the supreme executive council from Huntingdon, marched into the town and started for the house where the court was sitting. Two of the justices left the bench and went out to meet the mob. hoping to induce the rioters to disperse without disturbing the peace. Their efforts were without avail, however, the mob marched on to the house in which the court was being held and there made so much noise that the transaction of business was impossible. The sheriff was ordered to arrest the one who seemed to be the most active and commit him to jail, but no sooner had the leader been taken into custody than he was released by his associates, the sheriff being handled somewhat roughly during the fracas. The names of the principals were then obtained and presented to the grand jury, which returned a true bill, but as an immediate trial was out of the question, the cases were continued until the following session of the court.




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