USA > Pennsylvania > Jefferson County > Brookville > A pioneer history of Jefferson county, Pennsylvania and my first recollections of Brookville, Pennsylvania, 1840-1843, when my feet were bare and my cheeks were brown > Part 36
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Viewers report in favor of road August 23, 1839 : Samuel McQuiston, Joseph Kerr, Elijah Clark, John J. Y. Thompson, John W. Baum. Peti- tioned for May 15, 1839. December 13, 1839, read and confirmed.
Report No. 16 .- Of a bridge across the Big Mahoning Creek at the Bell's mills.
Viewers report in favor of bridge November 30, 1837: John Drum, Philip Bowers, Daniel Henneigh, John Grube, Samuel Steffy, John Hutchison. Petitioned for September, 1837. County appropriated $250 to build said bridge. David McCormick, foreman. Court concur September 11, 1839.
DECEMBER SESSIONS, 1839.
Petition No. I .- For a road from Richards's mill on the Brookville and Beech Bottom road to intersect the Brockway road at or near the farm of Almon Sartwell.
Viewers : John Mclaughlin, James K. Huffman, William Hum- phreys, Peter Chamberlain, Henry Vasbinder, Jr., and Thomas Drum. December 10, 1839. May 12, 1840, confirmed.
Petition No. 3 .- For a road from the Hogback road near Frederick Lantz's to intersect the Brookville and Indiana road at or near T. S. Mitchell's store.
Viewers : George Bloss, David Postlethwait, Michael Lantz, Archi- bald Haddon, James Means, and David Lewis. Approved by Court, December 16, 1841.
Petition No. 4 .- For a road from T. S. Mitchell's on the Indiana and Brookville road to intersect the road that leads from Irvin Robin- son's to the Indiana County line.
Viewers : George Bloss, David Postlethwait, Michael Lantz, Archi- bald Haddon, James Means, and David Lewis. December 13, 1839. Confirmed December 18, 1840.
Petition No. 5 .- For a road from John Quiggles's to the Big Maho- ning Creek where the line between James Solesby and William Campbell crosses said creek.
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PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
Viewers : James H. Bell, David Kerr, Samuel Steffy, Samuel Bowers Charles Shipman, and William Cochran. Read and confirmed February term, 1841.
Petition No. 6 .- For a road from the road that has been of late made from the twentieth mile-stone to Sandy Lick Creek to the Beechwoods road, one and a quarter miles from the twentieth mile-stone road.
Viewers : Woodward Reynolds, Ramsey Potter, Henry McIntosh, Samuel Sprague, and Thomas Reynolds. December 9, 1839. Con- firmed May 12, 1840.
Petition No. 7 .- For a road from the Waterford turnpike one-half mile east of the twenty-fifth mile-stone to David Losh's grist-mill.
Viewers : William Reynolds, Isaac McElvane, Jacob Horm, Ramsey Potter, Woodward Reynolds, and David Rhea. December 9, 1839. Confirmed May 12, 1840.
FEBRUARY SESSIONS, 1840.
Petition No. I .- For a road from the Brockway road at or near S. Tibbetts's to the Beehwoods road at or near James Ross's Lane.
Viewers : David Dennison, Henry McIntosh, Henry Keys, Findley McCormick, William Cooper, and Isaac Temple. February 11, 1840. Confirmed May 12, 1840.
Petitioned for to Shaw's from Ross's Lane, September, 1836. Con- firmed to these points May 10, 1837. .
MAY SESSIONS, 1840.
Petition No. 3 .- For a road from the Brockway road at or near Peter Richards's smith-shop to the Beechwoods road at or near the top of Mill Creek Hill.
Viewers : John Mclaughlin, James Ross, William Shaw, Henry Vas- binder, Jr., Henry Keys, and Milton Johnston. May 13, 1840. Feb- ruary 10, 1841, read and confirmed to be opened fifty feet wide.
SEPTEMBER SESSIONS, 1840.
Petition No. 5 .-- For a road from the Clearfield County line near Robert Dixon's to Osborne's mill.
" Viewers : John Mclaughlin, John McGhee, Henry McIntosh, Henry Keys, William Reynolds, and Andrew Hunter. September 11, 1840. Read and confirmed February 10, 1841.
Report No. 9 .- Of a road from the road leading from Barnett's to Punxsutawney, about one mile south of Barnett's, to the old Indiana road, near the Five-Mile Run.
Viewers report in favor of road, May 12, 1840: John Mclaughlin, George L. Matthews, William Taylor, Ebenezer L. Kerr, William Wiley. September 17, 1840, read ni si. February 10, 1841, read and confirmed.
357
PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
SUSQUEHANNA AND WATERFORD TURNPIKE-THE OLD TOLL- GATES ALONG THE ROUTE-A FULL HISTORY OF THE OLD TURNPIKE, A PART OF WHICH IS NOW MAIN STREET IN REY- NOLDSVILLE.
In 1792 the first stone turnpike in the United States was chartered. It was constructed in Pennsylvania in 1794 from Lancaster to Philadel- phia. In this year also began the agitation in Pennsylvania for internal improvement. An agitation that resulted in a great era of State road, canal, and turnpike construction, encouraged and assisted by the State government. From 1792 until 1832 the Legislature granted two hundred and twenty charters for turnpike alone.
These pikes were not all made, but there was completed within that time, as a result of these grants, three thousand miles of passable roads. The pioneer turnpike through our wilderness was the Susquehanna and Waterford turnpike. On February 22, 1812, a law was enacted by the Pennsylvania Legislature enabling the governor to incorporate a company to build a turnpike from the Susquehanna River, near the mouth of An- derson Creek, in Clearfield County, through Jefferson County and what is now Brookville, and through the town of Franklin and Meadville, to Waterford, in Erie County. The governor was authorized to subscribe twelve thousand dollars in shares towards building the road. Joseph Barnett and Peter Jones, of Jefferson County, and two from each of the following counties, Erie, Crawford, Mercer, Clearfield, Venango, and Philadelphia, and two from the city of Philadelphia, were appointed com- missioners to receive stock. Each of the counties just named was re- quired to take a specified number of shares, and the shares were placed at twenty-five dollars each. Jefferson County was required to take fifty shares.
The war of 1812 so depressed business in this part of the State that all work was delayed on this thoroughfare for six years. The company commenced work in 1818, and the survey was completed in October of that year. In November, 1818, the sections were offered for sale, and in November, 1822, the road was completed.
The commissioners employed John Sloan, Esq., to make the survey and grade the road. They began the survey in the spring and finished it in the fall of 1818, a distance of one hundred and four miles. The State took one-third of the stock. James Harriet, of Meadville, Pennsyl- vania, took the contract to build the road, and he gave it out to sub- contractors. Some took five miles, some ten, and so on. Work began in 1821, and was completed in 1824. The bridge over the Clarion River was built in 1821, by Moore, from Northumberland County ; it was built with a single arch.
In March, 1821, an act was passed by the Legislature appropriating
358
PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
two thousand five hundred dollars for improving the road. Appoint- ments were made in each county through which the road passed of people whose duty it was to receive the money for each county and to pay it out. Charles C. Gaskill and Carpenter Winslow represented Jefferson County.
Andrew Ellicott never surveyed or brushed out this turnpike. He was one of the commissioners for the old State Road.
Our turnpike was one hundred and twenty-six miles long. The in- dividual subscriptions to its construction were in total fifty thousand dol- lars, the State aid giving one hundred and forty thousand dollars. This was up to March, 1822. The finishing of our link in November, 1824, completed and opened one continuous turnpike road from Philadelphia to Erie. Our part of this thoroughfare was called a " clay turnpike," and in that day was boasted of by the early settlers as the most con- venient and easy travelling road in the United States. That, in fact, anywhere along the route over the mountain the horses could be treated to the finest water, and that anywhere along the route, too, the traveller, as well as the driver, could regale himself "with the choicest Monon- gahela whiskey bitters," clear as amber, sweet as musk, and smooth as oil.
" Immediately after the completion of the turnpike mile-stones were set up. They were on the right-hand side of the road as one travelled east. The stones when first erected were white, neat, square, and well finished. On each stone was inscribed, ' To S. oo miles. To F. oo miles.' Of course figures appeared on the stones where ciphers have been placed above. S. stood for Susquehanna, which is east, and F. for Franklin, which is west."
Only the commonest goods were hauled into this country over the old State Road, and in the early days of the turnpike, Oliver Gregg, with his six horses, and Joseph Morrow, with his outfit of two teams, were regularly employed for many years in carrying freight from Philadelphia to this section. It took four weeks to reach here from Philadelphia, and the charge for freight was about six dollars per hundred pounds. A man by the name of Potter in latter years drove an outfit of five roan horses. Each team had a Conestoga wagon and carried from three to four tons of goods.
THE TOLL-GATE.
With the completion of the turnpike came the toll-gate. One was erected every five or ten miles.
Gangs of men were kept busy constantly repairing the pike, and they were individually paid at these gates. The road was then kept in good condition.
359
PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
"AN ACT TO ENABLE THE GOVERNOR OF THIS COMMONWEALTH TO INCOR- PORATE A COMPANY FOR MAKING AN ARTIFICIAL ROAD, BY THE BEST AND NEAREST ROUTE, FROM WATERFORD, IN THE COUNTY OF ERIE, THROUGH MEADVILLE AND FRANKLIN TO THE RIVER SUSQUEHANNA, AT OR NEAR THE MOUTH OF ANDERSON'S CREEK, IN CLEARFIELD COUNTY.
" SECTION 13. And be it further enacted by the authority aforesaid, That the said company, having perfected the said road, or such part thereof, from time to time as aforesaid, and the same being examined, approved, and licensed as aforesaid, it shall and may be lawful for them to appoint such and so many toll-gatherers as they shall think proper, to collect and receive of and from all and every person and persons using the said road the tolls and rates hereinafter mentioned ; and to stop any person riding, leading, or driving any horse or mule, or driving any cattle, hogs, sheep, sulkey, chair, chaise, phaeton, cart, wagon, wain, sleigh, sled, or other carriage of burden or pleasure from passing through the said gates or turnpikes until they shall have respectfully paid the same,-that is to say, for every space of five miles in length of the said road the following sum of money, and so in proportion for any greater or less distance, or for any greater or less number of hogs, sheep, or cattle, to wit : For every score of sheep, four cents ; for every score of hogs, six cents ; for every score of cattle, twelve cents ; for every horse or mule, laden or unladen, with his rider or leader, three cents ; for every sulkey, chair, chaise, with one horse and two wheels, six cents; and with two horses, nine cents ; for every chair, coach, phaeton, chaise, stage-wagon, coachee, or light wagon, with two horses and four wheels, twelve cents; for either of the carriages last mentioned, with four horses, twenty cents ; for every other carriage of pleasure, under whatever name it may go, the like sum, ac- cording to the number of wheels and of horses drawing the same ; for every sleigh or sled, two cents for each horse drawing the same; for every cart or wagon, or other carriage of burden, the wheels of which do not in breadth exceed four inches, four cents for each horse drawing the same ; for every cart or wagon, the wheels of which shall exceed in breadth four inches, and shall not exceed seven inches, three cents for each horse drawing the same ; and when any such carriages as aforesaid shall be drawn by oxen or mules, in the whole or in part, two oxen shall be estimated as equal to one horse ; and every ass or mule as equal to one horse, in charging the aforesaid tolls."
COMPLETION OF THE TURNPIKE.
The first stage line was established over the Waterford and Susque- hanna turnpike from Bellefonte to Erie by Robert Clark, of Clark's Ferry, Pennsylvania, in November, 1824. It was called a Concord line, and at first was a tri-weekly. The first stage coach passed through where Brookville now is about the 6th of November, 1824. In 1824 the route
360
PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
was completed to Philadelphia, through Harrisburg, and was a daily line.
" The arrival of the stages in old times was a much more important event than that of the railroad trains to-day. Crowds invariably gathered at the public houses where the coaches stopped to obtain the latest news, and the passengers were of decided account for the time being. Money
TURNPIKE
BARNETT'S INN 1826.
INDIANA ROAD * 1807.
was so scarce that few persons could afford to patronize the stages, and those who did were looked upon as fortunate beings. A short trip on the stage was as formidable an affair as one to Chicago or Washington is now by railroad. The stage-drivers were men of considerable consequence, especially in the villages through which they passed. They were in-
24
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PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
trusted with many delicate missives and valuable packages, and seldom betrayed the confidence reposed in them. They had great skill in hand- ling their horses, and were the admiration and envy of the boys. Talk about the modern railroad conductor, he is nothing compared with the importance of the stage coach driver of sixty and seventy years ago
" The traffic on the turnpike began, of course, at its completion in November, 1824. It increased gradually until it reached enormous pro- portions. A quarter of a century after the road had been built it arrived at the zenith of its glory."
Pedlers of all kinds, on foot and in covered wagons, travelled the pike. From Crawford County came the cheese and white-fish pedler. Several people, including the hotel-men, would each buy a whole cheese.
The pioneer inns or taverns in Jefferson County along this highway were about six in number. Five of the six were built of hewed logs, -- viz. : one where Reynoldsville is; the Packer Inn, near Peter Baum's ; one near Campbell Run (Ghost Hollow) ; the William Vasbinder Inn ; James Winter's tavern at Roseville ; and John McAnulty's inn, kept by Alexander Powers, where Corsica is now located. The Port Barnett Inn at this time was a " frame structure,"' as its picture represents.
The early settlers along the pike east of Port Barnett were John and Rebecca Fuller in 1822, the Potters in 1824-25, Andrew McCreight and wife in 1832, Tilton Reynolds and wife in 1834, Valentine Smith in 1835, Woodward Reynolds in 1837, Thomas Doling, and others. These were all in what is now Winslow township. West of Port Barnett the settlers along the pike were Moses Knapp, Joseph Kaylor, E. M. Graham, Alexander Powers, John Scott, Samuel D. Kennedy, Rev. William Kennedy, John Christy, and John Monks. Lee Tipton had a store in 1835 about where Corsica is. See chapter on my early " Recol- lections of Brookville, Pennsylvania."
As Morrow, Gregg, and Potter carried our produce to the Lewistown market, I reproduce a market-table herewith :
LEWISTOWN MARKET, 1837.
Wheat flour per barrel
$ 10.00
Rye
66 5.00
Wheat grain per bushel
1.95
Rye
.6
1.00
Corn 66
.70
Oats
.40
Potatoes 66 66 .31
Ham
.12
Butler
.15
Beeswax
.20
Timothy-seed per bushel
2.50
Clover- 66 66
7.00
Flax-
66
1.25
362
PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
" AN ACT TO AUTHORIZE THE COMMISSIONERS OF JEFFERSON COUNTY TO ALTER A CERTAIN PART OF THE SUSQUEHANNA AND WATERFORD TURN- PIKE ROAD.
" SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the commissioners of Jefferson County be, and they are hereby authorized and empowered to lay out and make one mile and ten perches of turnpike road through the village of Brookville in said county, said road not to exceed five degrees from a horizontal line, and to be connected with the Susquehanna and Waterford turnpike road at both ends.
"SECTION 2. And be it further enacted by the authority aforesaid, That as soon as the said road is finished, so much of the said Susquehanna and Waterford turnpike road as lies between the points of intersection afore- said may be vacated ; and the commissioners of said county are hereby authorized to draw their warrant on the treasurer of Jefferson County for the amount necessarily expended by them in making said road.
" SECTION 3. And be it further enacted by the authority aforesaid, That from and after the Ist day of April next it shall be the duty of the super- visors of the public highway in each and every township in the county of Jefferson to lay out and expend at least two-thirds of the amount of all the road taxes assessed each year in each and every township aforesaid, in opening and repairing the public highways within said township and county, on or before the Ist day of October in each and every year.
" Approved-the fourth day of April, one thousand eight hundred and thirty one.
" GEORGE WOLF."
This law authorized a change in the pike in Brookville from Jefferson Street to Main Street. The Commonwealth awarded the contract for this work to Thomas and James Hall, who completed the change.
Stage-passengers' rights were guarded as herein by legal statutes.
ACT OF MARCH 6, 1820.
"AN ACT RELATIVE TO THE OWNERS AND DRIVERS OF PUBLIC STAGES AND OTHER CARRIAGES FOR THE CONVEYANCE OF PASSENGERS, AND FOR OTHER PURPOSES.
"SECTION !. From and after the Ist day of July next, if the driver of any public stage, mail-coach, coachee, or carriage shall leave the same with the horses attached thereto, without some suitable person to take care of such horses, or securely fastening the same, such driver, and the owner or owners, or any of them, of such stage, mail-coach, coachee, or carriage shall for every such offence forfeit and pay any sum not less
363
PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
than ten nor more than fifty dollars, one moiety whereof shall go to the person giving information of the commission of such offence, and the other moiety to the stock of the county where such offence shall have been committed : Provided, That the party aggrieved shall have a right to appeal to the next court of common pleas of the county wherein the offence was committed.
"SECTION 2. If any wagoner, carter, drayman, or driver of any stage, mail coach, coachee, or carriage shall wilfully and vexatiously ob- struct or delay any person or persons travelling on the public highways of this Commonwealth, he shall for every such offence forfeit and pay the sum of twenty dollars, one-half whereof shall go to the person giving information of the commission of such offence, and the other moiety to the stock of the county where the offence shall have been committed.
" SECTION 3. The said penalties may be recovered before any alder- man or justice of the peace, in the same manner as sums not above one hundred dollars are now by law recovered ; and in any suit or action brought to recover the same, the informer shall be a competent witness, leaving his credibility, as in other cases, to be judged of by the proper authority determining the same. And no such suit or action shall be abated, nor a nonsuit therein ordered, on account of the names of all the owners of any such stage, mail-coach, coachee, or carriage not being embraced as defendants, but it shall be lawful to bring and sustain any such suit or action against any one or more of the said owners : Provided, That no such suit or action shall be brought against any person for the penalty incurred by a violation of the provisions of this act after the expiration of thirty days from the commission of the offence." *
CHAPTER XXI.
PIONEER COURT-PIONEER JUDGES-PRESIDENT AND ASSOCIATES-PIONEER BAR AND EARLY LAWYERS -- MINUTES OF PIONEER SESSIONS OF COURT -DECEMBER SESSION, 1830, AND FEBRUARY SESSION, 1831-LIST OF RETAILERS OF FOREIGN MERCHANDISE IN THE COUNTY, FEBRUARY SES- SIONS, 1831-EARLY CONSTABLES.
THE first legislation creating a judiciary in this State was called the provincial act of March 22, 1722. This court was styled "The Court of Quarter Sessions of the Peace and Gaol Delivery." The Orphans' Court was established in 1713. The constitution of 1776 provided for the continuance of these courts. By the constitution adopted in 1790
* For turnpike, see my " Recollections of Brookville."
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PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
the judicial power of the State was vested in a Supreme Court, in a Court of Oyer and Terminer and General Jail Delivery, Common Pleas, Quarter Sessions, Orphans' Court, and Register Court for each county, and for justices of the peace for boroughs and townships. The early judges were appointed by the governor.
In 1806, for the more convenient establishment of the Supreme Court, the State was made into two districts,-viz., the Eastern and Western. Jefferson County was in the Western.
By an act of the Legislature passed April 2, 1830, Jefferson County was attached to the Eighteenth Judicial District. Thomas Burnside was appointed president judge, and John W. Jenks and Elijah Heath asso-
Hon. Thomas Burnside, pioneer judge, 1830-35.
ciate judges. They were the pioneer judges of this county. The salary of an associate judge was one hundred and fifty dollars per year.
Both the president judge of a district and the associate judges for a county were appointed in this State until 1850, when the State consti- tution was changed to make them elective. The term of the president judge ran ten years, but the term of the associates was for five years.
In 1835, Burnside resigned and Nathaniel B. Eldred was appointed district judge. In a short time he resigned, when Alex. McCalmont was appointed and served ten years. Neither Burnside, Eldred, nor McCal- mont lived in Jefferson County. The president judge's salary was sixteen hundred dollars a year and mileage.
The early associates, all of whom resided in the county, and whose service extended only until 1844, were,-viz. : William Jack, Andrew Barnett, James Winslow, and James L. Gillis.
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PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
The early local or home lawyers were Hugh Brady, Cephas J. Dun- ham, Benjamin Bartholomew, Caleb A. Alexander, L. B. Dunham, Richard Arthurs, Elijah Heath, D. B. Jenks, Thomas Lucas, D. S. Deering, S. B. Bishop, and Jesse G. Clark. Many very eminent lawyers from adjoining counties attended our courts regularly at this period. They usually came on horseback, and brought their papers, etc., in large leather saddle-bags. Most of these foreign lawyers were very polite gentlemen, and very particular not to refuse a "drink."
The pioneer law student in the county was Lewis B. Dunham. He was admitted to the bar of the county at the September term, 1835. It may be a matter of pride to recall the fact that Benjamin Bartholomew had a son born while living in Brookville, who became distinguished as one of the great orators of the State, the Hon. Linn Bartholomew.
PIONEER SESSION-DECEMBER SESSION, 1830-HELD IN THE UPPER ROOMS OF THE OLD JAIL.
" Minutes of a Court of General Quarter Sessions of the Peace, held at Brookville, for the county of Jefferson, on Monday, the sixth day of December, 1830 :
" Present, the Honorable Thomas Burnside, President, and John W. Jenks and Elijah Heath, Esquires, Judges of said Court. High Sheriff of Jefferson County, Thomas McKee. Constables, Alfred Cory, Con- stable of Young township, and Hulet Smith, Constable of Rose town- ship, sworn.
" The Court order and direct that a Grand Jury of twenty-four and a Traverse Jury of thirty six be summoned returnable to next term."
The following-named gentlemen were admitted to practise law in the several courts of Jefferson County, and were all sworn and affirmed,-to wit : Thomas Blair, Thomas White, George W. Smith, Josiah W. Smith, John Johnston, William Banks, and Hugh Brady, Esq. December 7, Robert E. Brown, Esq., admitted and sworn as an attorney of the several courts of Jefferson County.
James M. Brockway appointed constable of Ridgeway township and sworn in open court ; Samuel Jones appointed constable of Pine Creek township and sworn in open court ; William Hopkins appointed constable of Perry township for the present year and sworn in open court.
The following constables appeared and made their returns, -to wit : Alfred Cory, constable of Young township, and Hulet Smith, constable of Rose township.
FEBRUARY SESSIONS, 1831.
Grand jurors for February sessions, 1831. Thomas McKee, Esq., high sheriff of Jefferson County, returns his pracipe to him directed and the
366
PIONEER HISTORY OF JEFFERSON COUNTY, PENNA.
following-named persons for grand jury at February sessions, 1831,-to wit :
No. Name.
Township.
Pine Creek. I
2 .
Jacob Shaffer
Ridgeway.
3 .
Aaron Fuller
Rose.
Samuel Jordan Perry 4
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