USA > Pennsylvania > Philadelphia County > Philadelphia > Annals of Philadelphia, and Pennsylvania in the olden time; being a collection of the memoirs, anecdotes, and incidents of the earliest settlements of the inland part of Pennsylvania, Vol. III > Part 17
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The meetings of business were usually called in the city, but the rendezvous for hunting was established at William Hugg's inn, Gloucester Point Ferry, New Jersey, or at the company's kennel, erected on the banks of the Delaware near the Point, which in 1778 contained a select pack of twenty-two excellent dogs, besides ten six-month old pups.
The war ended, the club flourished, and Samuel Morris, Jr., governor of the old Schuylkill Fishing Company, was chosen first president, and continued to be annually rechosen until he died, in 1812. In 1800 there were about forty members, and it flour- ished until 1818, when Captain Charles Ross, the last master- spirit, died, and with him the club ceased to exist, its ranks hav- ing become thinned and its adherents disheartened. President Wharton, the former mayor of Philadelphia, and his few remain- ing associates, at once resolved on the dissolution of the club. The pack was unkennelled and dispersed, and the further ser- vices of old Jonas Cattell, the guide and whipper-in, and Cupid, the faithful jet-complexioned huntsman, were dispensed with.
The distribution of the hounds, chiefly among the sporting farmers of West Jersey, has left its mark to this day in their numerous progeny roaming in New Jersey.
The hunts took place principally at Cooper's Creek, about four miles from the city, at the Horseheads, seven miles, at Chew's Landing, nine miles, at Blackwood Town, twelve miles, at Hes- ton's Glass-works, twenty miles distant, and sometimes at Thomp-
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son's Point on the Delaware, many miles to the south. The hunts usually lasted from one to five or six hours, and sometimes even for eight or ten hours. In 1798 one of them carried the pack in full cry to Salem, forty miles distant. In olden times good hunts were made to view on the sea-beach at Egg Harbor.
This change of position had the advantage of novelty, and afforded fine shooting in variety and abundance. The increase of Reynard in Gloucester afforded plenty of sport, and the farmers welcomed the huntsmen as friends, frequently hurriedly joining the throng ; and of use too, serving as guides or as diggers-out.
Usually about one-half of the club were habitual or efficient hunters. Among the most enterprising and leading members were-Mr. Morris, president, and Messrs. Wharton, C. Ross, J. S. Lewis, Morrell, Clay, Davies, Price, Denman, R. M. Lewis, W. W. Fisher, Humphreys, Harrison, S. Meeker, R. Irwin, S. Allen, J. and A. Hamilton, R. Davis, B. Tilghman, A. Stocker, J. Caldwell, W. Milnor, Jr., T. F. Gamble, J. R. Tunis, J. C. Smith, William Smith, J. Cuthbert, J. Wheeler, W. R. Stockton, J. Jackson, J. Wistar, and Solomon Park, a veteran of seventy, an intrepid horseman-all residents of the city. Of New Jersey- men there were Gen. F. Davenport, John Lawrence, Capt. James B. Cooper, Capt. Samuel Whitall, Col. Heston, and Col. Joshua Howell of Fancy Hill, N. J., Samuel Harrison, and Jesse Smith, the high sheriff of Gloucester county.
Old Carlisle, p. 283 .- This man usually dressed in a black velvet suit.
DANCING.
A List of Subscribers, p. 284 .- In addition to this list we give the names of others, members in 1748 : Charles Willing, James Hamilton, Robert Macknet, Thomas Hopkinson, Andrew Elliott, Ninian Wiseheart, Abram Taylor, Richard Hill, Jr., William Peters, James Polyceen, John Hewston, David Bolles, John Cot- tenham, John Moland, William Cozzens.
Great Balls, p. 286 .- On the 15th of February, 1808, for some wise purpose, the Legislature passed an act "to declare masquerades and masked balls to be common nuisances," and punishing offenders, housekeepers, participants, and promoters. The act as passed was as follows: "Sec. 1 .- Masquerades and masked balls are hereby declared to be common nuisances ; and every housekeeper within this Commonwealth who shall know- ingly permit and suffer a masquerade or masked ball to be given in his or her house, and every person who shall set on foot, pro- mote, or encourage any masquerade or masked ball, and every person who shall knowingly attend or be present at any mas- querade or masked ball in mask or otherwise, being thereof
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legally convicted, .... shall for each and every offence be sen- tenced to an imprisonment not exceeding three months, and to pay a fine not exceeding one thousand nor less than fifty dollars, and to give security in such sum as the court may direct to keep the peace and be of good behavior for one year." Then follows Sec. 2, the form of the indictment, Act of Feb. 15, 1808, P. L., 49 ; Purdon's Digest (Stroud & Brightly, 1700-1853), p. 573. In 1860 an act was passed, No. 374, entitled " An act to con- solidate, revise, and amend the penal laws of this Common- wealth." (Act of March 31, 1860, P. L., 382.) This subject of masquerades is not to be found in the code enacted. At the same time an act was passed, No. 375, entitled “ An Act to con- solidate, revise, and amend the laws of this Commonwealth relat- ing to penal proceedings." Section 79 of that act reads : "The following-named acts of Assembly, and parts thereof, and all other parts of the criminal laws of this State, and forms of pro- cedure relative thereto, so far as the same are altered and sup- plied by the act to consolidate, revise, and amend the penal laws of this Commonwealth, and by this act, be and the same are hereby repealed." Then follows a list of the acts; and on page 453, P. L. 1860, is found : "1808, Feb. 15. An act to declare masquerades and masked balls common nuisances, and to punish those who promote and encourage them." (Act of March 31, 1860, P. L., p. 427.) It is asserted, on one side, that as the new penal code does not prohibit masked balls, the act of 1808 is re- pealed. On the other hand, we have heard it positively asserted, by good legal authority, that the act of 1808 has not been re- pealed. The matter is a question of law which may yet have to be decided by the courts.
EDUCATION.
The Friends' School, p. 287 .- William Penn wrote to Thomas Lloyd in 1689, instructing him to set up a public grammar school. George Keith was appointed at a salary of fifty pounds, with a house to live in, a school-house provided, and the profits of the school for the first year. For two years more one hundred and twenty pounds per annum were to be ensured to him if he remained and taught the poor gratis. This was the first insti- tution of the kind in Philadelphia intended to facilitate the acquisition of the generally used parts of learning among all ranks and to promote a virtuous and learned education. The rich paid for their tuition. This was the "Quaker School," after- ward celebrated as the place where many of the leading citizens were educated. It was in Fourth street below Chestnut, east side, on the lot where now stand three Pictou-front stores.
George Keith was one of the most influential Friends of his
Education. 161
day, but being unsuccessful in his efforts to confine Quakerism in America with the fetters of a written creed, he apostatized, returned to England, and subsequently travelled much as a mis- sionary of the "Society for the Propagation of the Gospel in Foreign Parts." It is said that he founded the first Episcopal church in New Jersey, and that through his instrumentality many Friends embraced the doctrines of the Church of England. Keith was a surveyor, and settled the boundary-line between East and West Jersey. He came from Freehold, Monmouth county, East Jersey. He was a man distinguished for his learn- ing and talents, but fierce and contentious in his disposition, in- tolerant in his faith, rude in his manners, and abusive in his language. About 1690 he gave up the school and devoted him- self to preaching, in which he denounced many of the tenets of the Friends which he had formerly advocated, contemned the government and the magistrates, and through himself and his partisans created considerable feeling in the community. He was disowned by the Friends, at which he raised the cry of persecu- tion and issued a number of publications. He went so far in his denunciation of his late associates as to declare them incon- sistent in assisting in carrying out the laws, in arresting criminals, or even in taking part in the administration of government.
Keith's successors as teachers were Benjamin Makins, D. J. Dove, Robert Proud, William Wanney, Jeremiah Todd, and Charles Thomson.
In 1697, Samuel Carpenter, Edward Shippen, Anthony Mor- ris, James Fox, David Lloyd, William Southby, and John Jones applied to Deputy Governor Markham for a charter for this school, which was granted. On October 25, 1701, Penn con- firmed this charter, and again in 1708, when he directed that the corporation was "for ever thereafter to consist of fifteen discreet and religious persons of the people called Quakers, by the name of the ' Overseers of the Public School.'" In 1711 he confirmed all previous charters, and appointed as overseers Samuel Carpen- ter the elder, Edward Shippen, Griffith Owen, Thomas Story, An- thony Morris, Richard Hill, Isaac Norris, Samuel Preston, Jon- athan Dickinson, Nathan Stanbury, Thomas Masters, Nicholas Waln, Caleb Pusey, Rowland Ellis, and James Logan, with authority in the corporation thereafter to elect the overseers.
Third mo. 7th, 1699, George Fox leaves five pounds for main- tenance of a public school in Philadelphia. Seventh mo. 4th, 1699, James Fox leaves forty pounds for an intended school to be erected by the people called Quakers. Sixth mo. 5th, 1702, Prudence West left for the use of the free school belonging to the people of God called Quakers, - pounds.
Thomas Makin, p. 287 .- See Col. Records, vol. i. p. 383, where he is notified " that he must not keep school without license ;" he promised " to take a license," August 1, 1693.
VOL. III .- L 14 *
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The Log College, p. 288 .- Dr. A. A. Alexander of Princeton published an account of the Log College; generally correct, but contained some errors.
Andrew Brown, p. 290 .- His whole house and family were burnt in Chestnut street, between Second and Front streets, north side.
Education in Pennsylvania within the Last Half Century, p. 296 .- About half a century ago the people of Pennsylvania, through their representatives, passed a law for the education of all children in the State whose parents were too poor to educate them. The township assessor's duty, in addition to his other duties, was to return to the county commissioners annually the names of the children between certain ages-say six and four- teen-whose parents were too poor to pay for their schooling. The children were permitted to attend the nearest school, the teacher to keep an account of their time, and present his bill to the county commissioners, properly certified by the school com- mittee or others who sent children to said school that the rate charged was the same as charged for other schools.
However liberal this might be on the part of the State, it did not give satisfaction. It was thrown up to these children by those of their richer neighbors that they were paupers. "The county pays for your schooling ; my papa pays for mine." The children's talk was carried home to the parents, and caused un- pleasant feelings. There was another class of selfish people dis- satisfied. They said : "These poor children are getting a better education than ours ; they have nothing else to do but to go to school every day, while ours have to stay at home and work." However mean and selfish this complaint may appear at this day, it found ready listeners and sympathizers. Another class of com- plainers was the large taxpayers. They said : "We have to pay for schooling our own children, and the taxes to pay for these poor children, whose parents are too lazy to earn money for that purpose." The only parties satisfied were those who were pleased to know that every child had an opportunity of acquiring the rudiments of an education ; but there was a drawback even here. There were some parties too poor to pay for their children's schooling, and too proud to let the assessor return them to be paid for by the county ; these were kept at home; and this cir- cumstance, more than any other, caused the people to think of a general school law that would educate all the children of the State on the same footing, whether rich or poor, by a general tax. This was strongly opposed by those who had already schooled their children.
At last the Legislature assumed sufficient courage to pass a general school law, making each township and borough an inde- pendent school district, which decided every three years by ballot at the spring election whether or not they would accept the school law; and if they did so, a bribe was held out to them by paying
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their allotted portion out of an appropriation for that purpose. This appropriation was made from money they had already paid into the State treasury, so that it was actually bribing them with their own money. To the great joy of the friends of popular education, a very respectable number of districts voted to accept, and received their quota of the appropriation. The quota of those districts not accepting was still held in reserve, and after a few years the bait became too tempting, and all accepted.
Each district managed its own way under the management of six directors, who either examined the teachers or took them without examination, until a law was enacted for the election of a county superintendent.
Cost of Education in the City .- The Committees on Schools and Finance of Councils reduced the school estimate for the year 1878 from $1,712,007.20 to $1,517,983.20-a total reduction of $194,024.
P. 305. Patrick Robinson died in 1701. He was a mem- ber of Council, Clerk of the Court, and Register of Wills, and a very useful man.
In 1703, p. 305 .- John Bowling should read John Bewly. John Sargent (p. 307) should be John Sergeant.
PUNISHMENTS.
1735, p. 309 .- Frances Hamilton was punished for picking pockets in the market, by being exposed on the court-house steps, with her hands bound to the rails and her face turned toward the whipping-post and pillory for two hours. She was then re- leased and publicly whipped.
1816, p. 310 .- Captain Carson was murdered by Richard Smith and his paramour, Carson's wife, about 1814 or 1815. Smith was hung for the crime on the 10th of August, 1816.
1823, p. 310 .- William Gross, who was hanged February 17th, 1823, was convicted of the murder of Keziah Stow, a young woman, a native of New Jersey, who led a life of shame.
1829, p. 310 .- The Reading mail was robbed by Porter, Wilson, and Poteet on a Sunday morning, December, 1829, near the intersection of Ridge road and Turner's lane, about the present Twenty-first and Oxford streets. A milkman, com- ing into town on the Ridge road, saw the passengers tied to the trees, and he unloosed some of them. On the trial it came to light that the three robbers had it in contemplation to enter the Northern Liberty Bank when they saw their chance good in daytime, tie the officers, clerks, etc. very expeditiously, and then ransack the vaults, money-drawers, etc., and decamp with their plunder ; but that part of their programme was never put into
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execution. Porter and Wilson were both tried for the robbery of the mail, convicted, and sentenced to death, the other, Poteet, turning "State's evidence." Wilson, a few days before the ex- ecution, was pardoned by President Jackson. The mail rob- bery was dramatized at the Walnut Street Theatre in the spring of 1830, Mr. Samuel H. Chapman representing Porter, the par- ticulars of which were described by Charles Durang in his History of the Philadelphia Stage. But the affair of the mail robbery and the incidents connected with it have passed away and been forgotten, few of the present generation remembering it.
James Porter was executed on Friday, July 2d, 1830, in a field north of Bush Hill, and near the junction of Schuylkill Sixth and Francis's lane, corresponding to what is now the neighborhood of Seventeenth and Coates streets. The day was very warm. The procession left the Arch Street Prison about eleven o'clock, went out Broad street, and turned off over the open lots to the place of execution. The Rev. Drs. Hawkes and Kemper attended Porter on the scaffold. President Jackson was much censured for pardoning Wilson and allowing Porter to be hung. The Irish were so much exasperated that they got up quite an enthusiastic indignation meeting to denounce his con- duct for pardoning an American and hanging an Irishman, which they considered an insult to their race.
The places used for execution in this city have been as follows: Centre Square for criminals hanged before the Revolution ; Windmill" Island for pirates and offenders against the United States ; Logan Square for criminals executed after the Revolu- tion and up to the time when Gross was hung, in 1823; Bush Hill for public executions of persons convicted of crimes against the United States, including Porter the mail-robber and Moran the pirate. Since the passage of the law of Pennsylvania pro- hibiting public executions, offenders convicted of capital crimes have been hanged in the yard of the Moyamensing Prison.
THE BAR, COURTS, ETC.
The Philadelphia Bar, p. 315 .- Hon. Horace Binney printed for private distribution in 1859-60 a pamphlet containing biog- raphies of Edward Tilghman, William Lewis, and Jared Inger soll, three celebrated lawyers. It was favorably noticed in the English reviews, and reprinted in The Inquirer of May, 1860.
In the early days of the courts they were presided over by those who were not lawyers, but leading men of the Province, who were styled justices, and were generally those prominent for zeal and intelligence in public affairs and men of property. Only professional lawyers were allowed to plead.
In addition to those mentioned in Vol. I. 315-322, we add the
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following, who were all in practice before 1750: John Kinsey, James Parnell, Ralph Asheton, Jos. Alexander, James Graeme, Joseph Growden, Jr., Peter Evans, George Lowther, John Guest, Thos. McNemara, Saml. Hassel, Tench Francis, Edward Shippen.
In an old book published at Philadelphia in 1767 are the following names : Thompson, Meredith, Wharton, Clymer, Mor- ris, Chew, Mifflin, Biddle, Peters, Wilcocks, Logan, Pemberton, Norris, Worrell, Emlen, Bullock, Fishbourne, Marshall, Francis, Harding. From the names of lawyers that have been preserved in the published lists of members of the bar, there were no per- sons bearing the names above enumerated who were practitioners of law in this city before the Revolution except Benjamin Chew, Tench Francis, Edward Biddle, and Richard Peters. The other persons bearing the surnames which have been quoted were gen- erally engaged in trade. There was no Meredith at the bar pre- vious to the admission of William Meredith, who was admitted in the year 1795. There was no Thompson before Ross Thomp- son, admitted in 1782. Richard Wharton was the first of that name at the bar, being admitted in 1786. The first Clymer (John M.) who was a lawyer was admitted in 1793. Gouverneur Morris was admitted in 1781; John F. Mifflin in 1779; Alex- ander Wilcocks in 1778. James Logan, although he was chief- justice, was not a professional lawyer. The first Logan at the bar was Robert M., who was admitted in 1838. No person bearing the name of Pemberton has ever been a member of the Philadelphia bar. The members of the Norris family before the Revolution were all merchants, although one of them was chief- justice. William Norris, the first lawyer of that name admitted, came to the bar in 1806. The first of the Worrells at the bar was admitted a few years ago. George Emlen, Jr., the first of that name, came to the bar in 1835. The name of Bullock does not appear in the bar lists, nor does that of any Fishbourne. Isaac R. Marshall-the first of the name-was admitted in 1811. George Harding-the first of that name-was admitted in 1849.
The brevity of the dockets shows how little business was done in the early days of the courts; those of the orphans' court be tween 1719 and 1731 occupied only sixty-nine pages of foolscap -about five pages to the year. The word " regrating " appears a number of times in connection with hucksters forestalling the market and buying up produce, it being an indictable offence.
Disloyalty against the king brought down punishment on the offender. The punishments were severe and various. Heavy fines, whipping on the bare back at the cart's tail around the town, burning in the hand or on the body, standing in the pil- lory or the stocks, etc., are to be seen in the records.
In 1706, Governor Evans submitted a bill for the organization of the courts to those practising. He disputed with the Assembly about the bill for appointing judges and magistrates, with their
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compensation, also the creation of a court of equity. As the As- sembly had not much confidence in Governor Evans, they re- sisted the latter clause vigorously. He pressed upon them the appointment of Judge Mompesson, a judge of admiralty, who came over in 1704 and who was appointed chief-justice in April, 1706. Evans insisted upon having only men skilled in the law and at sufficient compensation. But the Assembly thought good lawyers were so scarce that the keeping of them would be costly and uncertain ; therefore twenty years' experience showed them there were men of knowledge sufficient to judge of matters aris- ing in so young a colony.
These court disputes were constant, arising from the frequent repeal of the Provincial laws and the contests for superiority between the governors and the Assembly, the former claiming power as a Proprietary right, and the latter as inherent in the people. Evans tried to have created a court of chancery, and himself, as the king's representative, chancellor. His efforts failed from want of confidence in him. Governor Keith was more successful, and the court was established August 10, 1720.
THE CHEW FAMILY.
Benjamin Chew, p. 318 .- Colonel Samuel Chew emigrated to this country in 1671 with Lord Baltimore and many other gen- tlemen, with their retinue, who settled in Maryland. He came from Chewton, in Somersetshire, England, and located on West River in Anne Arundel county. Samuel Chew, a member of the Society of Friends, was a physician, but had also acquired so ex- tensive a knowledge of the law, and consequent reputation, that he was appointed chief-justice of New Castle, Kent, and Sussex counties, afterward constituting the State of Delaware. Friend as he was, he was public-spirited enough to enforce from the bench the propriety of lawful war or defence of one's country ; this charge was reprinted in the Philadelphia journals, to the scandal of the Friends, who opposed voting supplies to the king when in 1745 the colonies were threatened by the French.
Cliveden, which has such historic interest connected with the battle of Germantown, consisted of about sixty acres. The house, a large stone mansion, weather-stained and venerable now, and built after the solid and picturesque fashion of the old time, was built by Benjamin Chew for his country-seat. Benjamin Chew, born in the family mansion on West River in 1722, in early life exhibited a fondness for intellectual pursuits. He was a student in the office of Andrew Hamilton in Philadelphia; was much esteemed and trusted by him, because of his talents and assiduity ; and after the death of that distinguished lawyer com- pleted his professional studies in the Middle Temple, London, in
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1744. On his return his ability and attainments speedily ac- quired for him extensive practice and reputation, both at the bar and in public affairs. He became successively attorney-general of the Province, member of the governor's Council, recorder of the city, registrar of wills, and chief-justice of the Supreme Court, before the Revolution. At that period Mr. Chew was a Tory, so far as that word implies-not indifference to the rights of his country or approval of the tyrannical measures of the Crown, but- loyalty to his government, reluctance to sever old ties, and dissent from what he and many other honest men at the time thought the premature measure of independence. Notwithstanding the courtesies he had paid to Washington, Adams, and the prominent members of the Continental Congress of 1774 at his sumptuous table and elegant house in Third street below Walnut, Congress passed a resolution to arrest those "disaffected or dangerous to the publick liberty," amongst whom were Judge Chew and John Penn and a number of influential Friends. They were sent to Burlington, N. J., where they remained as prisoners for about a year, being released in 1778. That Chew's rectitude and hon- orable character were recognized, notwithstanding his political views, the friendship of Washington both before and after the war, and his appointment by Governor Mifflin to the office of president-judge of the High Court of Errors and Appeals, are sufficient proof. Mr. Chew was distinguished not only for his legal attainments, for purity and ability as a judge, but for gen- eral literary culture, private worth, and the accomplishments of a gentleman. He died Jan. 20, 1810, aged eighty-seven years. One of his daughters married Alexander Wilcocks in 1768; Harriet married Charles Carroll of Carrollton; Sophia, one of the belles of the "Meschianza," married Henry Phillips of Maryland; and Peggy, another of the belles, married John Eager Howard of Baltimore in 1787. Washington was at the wedding of the latter, and must have felt the contrast between that period and ten years before.
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