USA > Pennsylvania > Cumberland County > Biographical and Portrait Cyclopedia of the Nineteenth Congressional District, Pennsylvania > Part 27
USA > Pennsylvania > Adams County > Biographical and Portrait Cyclopedia of the Nineteenth Congressional District, Pennsylvania > Part 27
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In 1775 he was elected a member for York County in the "Provincial Conven- tion for the Province of Pennsylvania held at Philadelphia, January 23d, and continued by adjournments from day to day to the 28th." In the same year he received a mili- tary honor, viz., the appointment of col- onel.
In 1779 he was deputed by the committee of York County "to join in a provincial conference of committees of the Province of Pennsylvania." The conference was held at Philadelphia, and began on the 18th of June and ended on the 25th of the same month. In the same year (1776) he was elected a member of the convention for the State of Pennsylvania, which commenced their session at Philadelphia on the 15th of
June and ended on the 28th of September. This convention framed the first constitu- tion of the commonwealth. In the same year (1776) he was elected a delegate from Pennsylvania to serve in the Continental Congress, at which time he signed the Declaration of Independence.
Mr. Smith was likewise a member of Congress in the year 1777-78. When Con- gress sat in York, the board of war was held in his law office.
After the cessation of his Congressional labors he continued to reside in York, and devoted himself with great success to the practice of law.
In October, 1780, we find him a member of the General Assembly of Pennsylvania.
Mr. Smith becoming burthened with a weight of years, and having a sufficiency of this world's goods, relinquished the prac- tice of law in 1801.
An event happened in the autumn of 1805 which is much to be regretted, viz .: the destruction of his office by fire. His books and papers of business, which were on the lower floor, were saved, but all his numerous private papers, which were in the upper part of the building, were destroyed. Among these were the records of the fam- ily and manuscripts of his own, connected with the history of the times, and numer- ous letters from Benjamin Franklin, Sam- uel Adams and many other men distin- guished in the Revolutionary history of our country. Mr. Smith corresponded, both during and after the Revolution, with many of those patriots with whom he had been in intimate connection while a member of Congress, etc. As their letters were de- stroyed, the burning of the office may be considered a public loss.
Mr. Smith employed his latter days in conversation with his friends and in review- ing and re-perusing those works which had been the delight of his youth. In view of
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his present and increasing infirmities, he made his will April 25, 1806. He died at his house in York on July II, in the same year, at an advanced age.
There is no small difference of opinion with regard to the age of Mr. Smith. His tombstone, erected by his son James in the yard at the English Presbyterian church at York, states that he was ninety-three years old at the time of his death. Many of his surviving friends say that he could not have been so old, and place his age at about eighty-seven; others say that he was not more than eighty-four or five. Two points, however, we have ascertained, viz .: that he was but ten years of age when he came to America, and was but twenty-one years of age at the time of his brother George's death. Supposing his age then to have been eighty-seven (a matter on which there is some doubt) he must have been born in 1719 and come with his father to America in 1729 and have lost his brother George in 1740, at which time he (James) had com- pleted his study of the law. An obituary notice of Mr. Smith says, "He was the old- est advocate in York, and perhaps in Penn- sylvania, for he had been in practice of the law more than fifty years." He could not but have been a member of the bar between sixty and sixty-five years.
Mr. Smith was remarkable for an un- commonly retentive memory, the strength of which did not seem to be impaired by age.
He was uniformly facetious and fond of anecdotes, which he always told with a happy manner. Possessing in a high de- gree that faculty of the mind which is de- fined by metaphysicians to be the tracing of resemblances or analogies between dis- tant objects, he often exerted it in the halls of justice, producing a wild and roaring dis- cord from all within the reach of his voice.
Mr. Smith at different times had many
law students. Among them may be men- tioned the Hon. Robert Smith, who began his studies here but did not complete them, and who is the same gentleman that after- ward became Secretary of State under the United States Government. David Grier, who practiced law and died in York, was likewise a student of Mr. Smith.
Mr. Smith left a widow and two out of five children surviving him; they are all now gathered to the house appointed for all living.
T HOMAS HARTLEY. Col. Thomas
Hartley was born in the neighbor- hood of Reading, Berks Co., Penn., Sep- tember 7, 1748. Having received the rudi- ments of a good classical education in that town, he removed when eighteen years of age, to York, Penn., when he commenced the study of the law under the tuition of Mr. Samuel Johnson. Having pursued his law studies with diligence for the term of three years, he was admitted to practice in the courts of York, July 25, 1769. He now arose in his profession with an almost un- exampled rapidity, for he not only had a thorough knowledge of the law, but was acquainted with two languages, each of which was then necessary in such a county as York; his early days having been spent in Reading, then as now mostly peopled by Germans, he was from childhood acquainted with their language, which he spoke with the fluency of an orator. Another thing which favored young Hartley much, was that he and the Hon. James Smith were for some time the only practicing lawyers of the county; Mr. Johnson, with whom he had studied, being then prothonotary.
Hartley was early distinguished as a warm friend of his country, both in the cabinet and in the field. In the year 1774, he was elected by the citizens of York county, a member of the provincial meeting of
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deputies, which was held at Philadelphia on the 15th of July. In the year 1775, he was a member, from the same county, of the provincial convention which was held at Philadelphia on the 23rd of January.
The war of the Revolution was now ap- proaching and Hartley was soon distin- guished as a soldier. The Committee of Safety for Pennsylvania, recommended a number of persons to Congress, for field officers to the Sixth Battalion, ordered to be raised in that colony, and Congress ac- cordingly January 10, 1776, elected Wil- liam Irwin, Esq., as colonel; Thomas Hart- ley, Esq., as lieutenant-colonel; and James Dunlap, Esq., as major. Mr. Hartley was shortly afterward promoted to the full de- gree of colonel.
Col. Hartley having continued about three years in faithful and laborious duty as an officer, wrote a letter to Congress Feb- ruary 13, 1779, desiring leave to resign his commission. Congress thinking the rea- sons offered, satisfactory, accepted his res- ignation, and on the same day resolved that they had "high sense of Col. Hartley's merit and services."
In October, 1778, he was elected a mem- ber of the State Legislature from the county of York.
In the year 1783, he was elected a mem- ber of the Council of Censors, the first day of whose meeting was on the Ioth of No- vember.
In the latter part of the year 1787, he was a member of the State Convention which adopted the Constitution of the United States.
In the year 1788, he was elected a mem- ber of Congress and accordingly attended their first session under the constitution. As a new order of things had now commenced, the public mind was filled with hope and fear. The citizens of York county had ta- ken a great interest in the establishment of
the new constitution, and as Col. Hartley was the first person who was to go forth from among them, as a member of congress under that constitution, they determined in the warmth of their feelings, to show him every honor. When he set out from Yorkon February 23, 1789, on his way to the city of New York, where the Congress was to sit, he was accompanied to Susquehanna by a great number of the inhabitants of the borough and was there received by a com- pany from that part of the county and from Lancaster. The citizens then partook of a dinner, and the whole was one splendid cel- ebration. When on the way of his return, he arrived at Wright's Ferry on October 6, he was met at the place by a number of gentleman from the borough and county of York, and was there conducted to his house in town amidst the acclamations of his friends and fellow citizens.
Col. Hartley continued a member of con- gress for about twelve years; he was such until the time of his death.
On April 28, 1800, he was commissioned by Gov. M'Kean, as major-general of the Fifth Division of the Pennsylvania Militia, consisting of the counties of York and Adams.
His life of labor, usefulness and honor are now drawing to a close. Disease was destroying his energies, and had already commenced the work of death. After a long and tedious sickness he died at his home in York, on the morning of Decem- ber 21, 1800, aged fifty-two years, three months and fourteen days. When his mor- tal part was deposited in the burying ground of the Church of St. John the fol- lowing tribute of respect to his memory was paid by the Rev. Dr. John Campbell, his pastor and friend:
"If I could blow the trump of fame over you ever so loud and long, what would you be the better for all this noise? Yet, let not
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your integrity, patriotism, fortitude, hospi- tality and patronage be forgotten. Another (who need not be named), hath borne away the palm of glory, splendid with the never- dying honor of rearing the stupendous fab- ric of American freedom and empire. De- parted friend! you hear me not, the grave is deaf and silent. In this work of blessing to future ages you bore, though a subordi- nate, yet an honorable part. Soldiers of Liberty! come drop a tear over your com- panion in arms. Lovers of justice! come drop a tear over your able advocate, and of science! come drop a tear over its warm- est patron. Children of misfortune! come drop a tear over your benefactor and pro- tector. Brethren of the earthly lodge! re- joice that our brother is removed to the temple of the Supreme. Ministers of relig- ion! come drop a tear to the memory of a nian, who, lamenting human frailty, was ever the friend of truth and virtue. And thou, my soul! come not into the assembly of those who would draw his reposing spirit from the bosom of His Father who is in heaven."
As an appendix to the biography of this soldier and statesman we give the following address to his constituents, which he pub- lished a short time before his decease, and which is one of the last acts of his life. Fellow Citizens:
Through want of health, and a wish to retire from a sedentary public life and to at- tend to my private concerns, which have been much deranged by my absence from York town, I have been induced most fix- edly to decline serving in the House of Rep- resentatives in Congress after the third day of March next. Indeed it is well known that for some years past I have not wished to be elected; and should long since have declined the honor had it not been for the political condition of the world, and of our own States in particular, which have fre-
quently suffered from two great nations ;- I hope however we shall soon have peace.
A great portion of my life has been de- voted to the service of my country, as will appear from the following facts. I have to say that I was in two provincial conven- tions previous to the revolution, that I served in the Revolutionary army more than three years, was one year in the As- sembly of the State of Pennsylvania, in the Council of Censors one year, was in the convention which adopted the consti- tution of the United States, and have twice been elected by citizens of Pennsylvania at general elections, and four times at district elections, as a member of the House of Representatives in Congress. In some in- stances I have perhaps been useful; but I may say I have ever desired to advance the interests of the United States as far as my powers and constitution would admit. I shall endeavor to be of as much service as possible in the militia, which will occasion- ally require some attention and exercise.
I thank the citizens of Pennsylvania at large for showing their frequent confidence in me, and particularly of that part of the State composing York and Adams Coun- ties, and wish them every happiness.
I am with due respect for them, THOMAS HARTLEY. York, September 8th, 1800.
N. B .- My indisposition has retarded this publication longer than I intended.
H ON. DANIEL DURKEE .* Judge Durkee was of English descent, the family coming to America early in the eighteenth century and settling in Wind- ham, Conn. Here his great grandfather, Nathaniel Durkee, was married August 21, 1727, and from there his son, Timothy (Judge Durkee's grandfather), removed to Vermont while that State was yet a wilder- ness. His maternal grandfather, Elisha
* By Hon. James W. Latimer.
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Rix, also went from Connecticut to Ver- mont about the same time, both families settling in the valley of White River. In their journey of about two hundred miles, they were guided by marked trees. They settled on adjoining farms, granted by the government of New York, then claiming jurisdiction over the territory. The families were united by the marriage of Heman, the eldest son of Timothy Durkee, to Susan, daughter of Elisha Rix. Heman succeeded to the Durkee farm, and both farms have remained in possession of members of the family until recently. Situated in the town- ship of Royalton, they adjoin South Royal- ton, a thriving village and railroad center. Here Daniel Durkee, the subject of this sketch, was born on August 27, 1791. His father's death occurring when he was but a boy, the years of his early manhood were spent in the home and on the farm of his mother. He married April 8, 1813, Mary, daughter of Capt. John Wright, of Nor- wich, Vt. A few years after his marriage he commenced the study of law with Judge Jacob Collamer, of Royalton (afterward United States Senator from Vermont and Postmaster General), and Judge Hutchin- son, of Woodstock, Vt. He was admitted to the bar in Chelsea, Orange Co., Vt., June 12, 1818, and opened an office in Wil- liamstown, in the same county. Desirous of settling in Pennsylvania, he left Williams- town the following December, and came to Lebanon, Penn., taking an office just va- cated by his brother-in-law, John Wright, Esq., who had removed to York. Some months later, illness in his family compell - ing Mr. Wright to return to New England, Judge Durkee came to York, Iwhere he continued to reside until his death. At that tinie, Lebanon was thoroughly German. So universally was that language spoken there, that there was but one family in the town with whom the Durkee family could com-
municate in the English tongue, while in York there was a large English element, though the German was almost universally spoken in the surrounding country. With- out any knowledge of that language, he soon became a popular lawyer with the German population and a successful prac- titioner. Pennsylvania thenceforth became the State of his adoption. But he was ever loyal to New England and his native home, which continued to be the home of his mother until her death in 1853. It was his "Mecca." He never failed to go there an- nually (in the thirty-six years of his life in Pennsylvania), taking his family or several members of it with him in each alternate year. The New England festival, "Thanks- giving," was always observed in his home, the appointment of the governor of Ver- mont being a national appointment. Judge Durkee was admitted to the bar of York County in 1820. In 1832 he was elected to the legislature. In 1833 he was appointed by Gov. Wolf judge of the district court. In 1835, the district court having been abol- ished, he was appointed president judge of the Nineteenth Judicial District, composed of the counties of York and Adams. He held the office for ten years, when, at the expiration of his term, he was succeeded by Judge Irwin. On the resignation of the latter in 1849, Judge Durkee was again ap- pointed to the president judgeship by Gov. Johnson, and held the office until 1851, when, the judgeship having been by a con- stitutional amendment made elective, Judge Fisher was chosen to succeed him.
He then resumed the practice of his pro- fession, which he continued to the time of his death. He died November 23, 1854, aged sixty-three years and three months. Thus, for nearly half the entire period of his residence in Pennsylvania, Judge Durkee hield the office of president judge. On the bench, Judge Durkee was careful and
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painstaking and showed great discrimina- tion in separating from the mass of less im- portant matters, the real points involved in the cases brought before him. In his charges he was remarkably happy and suc- cessful in presenting cases to juries, in en- abling them to perform their duties intelli- gently, and in preventing them from falling into errors. Of eminent sagacity, clear per- ceptions and sound conclusions, he enjoyed during his official career the confidence and respect of the bar, and in a great degree that of the appellate court, which reviewed his judgments. As an evidence of the es- teem in which he has been held, there is subjoined an extract from the York Gazette of September 24, 1839, which, as published by a political opponent of Judge Durkee, is all the more valuable tribute to his worth: "We find in the Adams Sentinel of a late date, a communication, in which the Hon. Daniel Durkee, president judge of this judicial district, is spoken of in terms of high commendation. We feel proud of this justly merited tribute to the worth of one of our citizens; and here at York,where Judge Durkee "is at home," we feel sure that every word will be attested by every one who reads it. We hope that this dis- trict will not lose the services of so upright and excellent a judicial officer under the op- eration of that provision of the new con- stitution, which limits the tenure of office of president judges of the courts of com- mon pleas to ten years. Every friend of justice and morality, all who desire to see the bench occupied by a stern foe to vice and disorder, are interested in keeping the judicial ermine upon the shoulders of Judge Durkee." As a practicing lawyer, Judge Durkee always occupied a high position at the bars of York and Adams counties. His specialty was the conducting of trials be- fore juries. He managed his causes with great tact and judgment, and while at the
bar, always had a large portion of its foren- sic practice. Few causes of magnitude or importance were tried in which he was not one of the leading counsel. His influence with a jury, whether he addressed them from the bar, or charged them from the bench, seemed almost magical. Although Judge Durkee was not indebted to the cul- ture of the schools, he had evidently prac- ticed self-discipline long and carefully. But it was from nature he received his best gifts-gifts, the absence of which no amount of educational facilities can supply. The characteristics of his mind were clear- ness and originality. Both these mental qualities, so rarely met, even singly, he pos- sessed in a very considerable degree. They manifested themselves on the bench, at the bar, in social conversation, and even in casual remarks, in the working out of his intellectual processes, in the language he selected, and in the figures and illustrations he employed. For this reason he was al- ways listened to with attention and inter- est. It was well known that there was no danger of being wearied by anything feeble, or commonplace or obscure in what he said. Most frequently the products of his mind exhibited the freshness of vigorous and independent thinking, were expressed in strong, idiomatic English, which, adapt- ing itself to the tournure of the thought, fitted close to it, and conveyed to others his ideas with all the clearness in which they existed in his own mind, were elucidated by illustrations, which were apt, striking, felicitous, and, when the subject or occa- sion would admit, were enlivened by the scintillations of genuine wit. In his legal investigations and discussions, he always sought for the reason of the law, and en- deavored to be guided by principles rather than by discordant and irreconcilable de- cisions. With his great powers of mind, he united great kindness of heart and an emi-
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nently sympathetic and affectionate disposi- tion, causing him to be beloved in his neigh- borhood, and idolized in his family. Judge Durkee had none of the arts and stooped to none of the tricks and methods of the politician. His popularity grew out of his genial and kindly disposition, and his well known integrity.
H ON. ROBERT J. FISHER .* A large part of the judicial history of York County is inseparably associated with the career of Hon. Robert J. Fisher, who, for more than thirty years, presided over its courts. On the 4th day of November, 1828, when twenty-two years of age, he was admitted to practice in the several courts of York County. He had received a thorough legal education at the Yale Law School, New Haven, Conn., and in the of- fice of his father, George Fisher, Esq., at Harrisburg, who was widely known and honored, and was for many years a leading member of the Dauphin county bar. For twenty-three years he worked diligently at the bar, attaching to himself by his integ- rity and ability a large clientage and a host of friends. Being twice re-elected (1861 and 1871), he was, until 1875, the only law judge of the two counties, accomplishing a vast amount of labor, and rendering with promptness and widely recognized learning, decisions which have commanded general respect. His rulings have almost univer- sally been upheld by the appellate tribunals, and his opinions have been quoted as an authority in this and other States, with more frequency than those of almost any other contemporaneous nisi prius judge. Although an earnest Democrat, during his official career, he carefully abstained from all connection with politics. Judge Fisher possessed, in an unusual degree, the rare ability of viewing a question impartially and deciding on principle unaffected by
prejudice or fear. Particularly was this characteristic strikingly illustrated in his course during the Rebellion. Now that the intense excitement and intolerant par- tisanship of the time have passed away, his undeviating adherence to the established principles of the common law, appears most admirable. Though a decided and uncom- promising Unionist, he was, nevertheless, determined in his opposition to every un- warrantable encroachment of the military upon the civil power. When passion and fear deprived others of their judgment, he seems never to have lost his cool discretion, either in the presence of Federal soldiers or rebel invaders. On one occasion, a citizen had been illegally arrested by the military authority at the hospital on the commons, and a writ of habeas corpus was taken out in his behalf. Upon its return, the prisoner was brought into court by a squad of sol- diers with fixed bayonets. That show of force, however, failed to affect the action of the court. Promptly he required the sol- diers to recognize civil authority, saying that as citizens they had a right to be there, but as armed men, they must withdraw. Af- ter a hearing, the prisoner was released. At the time of the Confederate occupation of York, in 1863, the rebel commander sent to Judge Fisher for the keys of the court house. He replied that he did not have them, and that the commissioners were the only legal custodians of the public build- ings; upon another summons being sent, however, he went with the messenger and found that the soldiers had in some way ob- tained admission to the prothonotary's of- fice, and were preparing to destroy the rec- ords there deposited. As the chief judicial magistrate of the county, he warmly expos- tulated against the destruction of these val- uable evidences, the loss of which would be irremediable. The general at first said it would only be just retaliation for the dep-
* By Henry C. Niles, Esq.
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redation of the Northern armies in the South, but after a long discussion, the judge compelled him to acknowledge the unlaw- fulness of all such acts of useless plunder, and persuaded him to withdraw his men. The records and valuable documents of the county were thus saved by the coolness and firmness of the venerable judge. There are several other occasions, which many citi- zens recall, during those turbulent times, when he showed like remarkable courage, facing mobs with fearless dignity and with unusual mildness, but at the same time un- usual determination, maintaining order and insisting upon the supremacy of the civil law.
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