USA > Pennsylvania > Colonial and revolutionary families of Pennsylvania; genealogical and personal memoirs, Vol. I > Part 44
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It is said that Justinian Fox was a Friend and that his wife joined the society after their marriage. He died leaving but a small property, and letters of adminis- tration on his estate were granted to his widow Elizabeth, January 16, 1718-19.
Issue of Justinian and Elizabeth (Yard) Fox:
Mary Fox, d. before 1741; m. Jan. I, 1720; Benjamin Rhoads. Had one son, Benjamin Rhoads;
Elizabeth Fox, d. young, Aug. 10, 1702;
Elizabeth Fox (2nd), m. Sept. 14, 1723, Joseph Rakestraw, house carpenter, of Phila., whom she survived many years; issue:
John Rakestraw;
Joseph Rakestraw, b. Dec. 9, 1750; d. Nov. 4, 1792; m. Sarah Milnor, and had three sons and four daughters;
Elizabeth Rakestraw;
Hannah Rakestraw;
Justinian Rakestraw, d. Sept. 5, 1762.
Sarah Fox, m. Dec. 19, 1723, William Martin, at First Presbyterian Church, Phila .; issue :
Madan Martin, mentioned in will of his uncle Joseph Fox. Susannah Martin, d. July, 1809; m. Joseph Ogilbie.
JOSEPH Fox, b. about 1710, d. Dec. 10, 1779; m. Elizabeth Mickle; Susannah Fox, m. Feb. 8, 1738, Daniel Elmer;
James Fox, b. Phila. about 1712; d. before 1778; m. Dec. 16, 1736, at Christ Church, Mary Wade, who d. 1788. They had issue, mentioned in will of their uncle Joseph Fox :
Joseph Fox ; Justinian Fox; Robert Fox, d. Sept., 1798; Martha Fox.
JOSEPH Fox2 (Justinian1) born in Philadelphia, died December 10, 1779, aged seventy years ; married, at Philadelphia Meeting, September 25, 1749, Elizabeth
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Mickle, born 1729; died January 1, 1805; daughter of Samuel and Thomazine (Marshall) Mickle.
Archibald Mickle came to Philadelphia bringing a certificate from the Men's Meeting at Richard Boyes' House, near Lisburn, county Antrim, Ireland, dated 6th month, 2, 1682. At Philadelphia Meeting on 12mo. 25, 1686, he married (second) Sarah Watts, and subsequently removed to Gloucester county, New Jersey, where he died in 1706. He was ancestor of the well known Mickle family of that county. His son, Samuel Mickle, born February 10, 1684, died February 18, 1765, married at Philadelphia Meeting, December 28, 1716, Thomazine, born December 15, 1692 ; died March 28, 1747, daughter of James and Rachel (Garth- waite ) Marshall, who came from the city of York, England, with William Hudson. Samuel Mickle was a merchant of good standing, became a member of Common Council of the city in 1732, and so continued until his death. It may be of interest to note that those elected at the same time were Edward Shippen, George House, John Dilwyn, Benjamin Shoemaker, Joseph England, James Bingham, Joseph Paschal, Samuel Powel and Samuel Powel, Jr. There were also serving at the same time, John Cadwalader, Andrew Bradford, Anthony Morris, Samuel Car- penter, Thomas Masters, George Mifflin, George Emlen and a number of others whose names are equally familiar. Benjamin Franklin in his autobiography gives the following description of Samuel Mickle :
"There are croakers in every country, always boding its ruin. Such a one then lived in Philadelphia; a person of note, an elderly man, with a wise look and a very grave manner of speaking; his name was Samuel Mickle. This gentleman, a stranger to me, stopt one day at my door, and asked me if I was the young man who had lately opened a new printing- house. Being assured in the affimative, he said he was sorry for me, because it was an ex- pensive undertaking, and the expense would be lost; for Philadelphia was a sinking place, the people already half-bankrupts, or near being so, all appearances to the contrary, such as new buildings and the rise in rents, being to his certain knowledge fallacious; for they were, in fact, among the things that would soon ruin us. And he gave me such a detail of mis- fortunes now existing, or that were soon to exist, that he left me half melancholy. Had I known him before I engaged in this business, probably I never should have done it. This man continued to live in this decaying place, and to declaim in the same strain, refusing for many years to buy a house there, because all was going to destruction; and at last I had the pleasure of seeing him give five times as much for one as he might have bought it for when he first began his croaking."
Joseph Fox was apprenticed by his widowed mother to James Portues, a promi- nent and wealthy carpenter of Philadelphia. Possessed of ability and application, he devoted himself to the interest of his employer, whose warm attachment he secured and held. Mr. Portues, (who so spelled his own name, and not Porteus, as generally printed), died unmarried, at the age of seventy-two years, on January 19, 1737, and left the bulk of his estate to be equally divided between his two executors, Edward Warner (who had also been an apprentice under him), and Joseph Fox.
To Edward Warner he gave his negroes, Jack and Peter ; to Joseph Fox all his household goods and his Indian slave Maria and her son Scipio. He says: "It is my will and desire that the slaves be used with humanity and kindness (as I expect they will), more especially the said Jack and Maria. That they may have neces- sary subsistance befitting their condition as slaves, and as being aged and infirm."
According to instructions in the will, Mr. Portues was buried in the piece of ground which he says: "I formerly appointed for a burying place in the said city, between the Quaker's burying ground and third street, which piece of ground I
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bought of Samuel Richardson, cordwainer." Reference is made to the Pennsyl- vania Magazine, volume iv, page 411, for the following: "The place of burial back of Nos. 46 and 48 N. Third Street is that of James Porteus [sic], who died, 1743. This is the only interment there. His double house, still standing, [1880], was at the time of his death not quite finished, and the funeral passed up the six- foot alleyway on its south side. Great additions to the rear of the building have left but a few feet in width for the grave, which can only be seen from the Arch Street Meeting grounds. The inscription on the massive gravestone was some years ago recut." The date in the above is incorrect, for the will of James Portues, dated November 30, 1736, was proved January 22, 1736, which according to present reckoning would be January, 1737. The grave is also mentioned in Watson's Annals, volume ii, page 421, where one reads: "A Grave Stone to James Porteus, dated July, 1736, now actually heads his grave in a city yard, say in Fox's lot in North Third Street."
James Portues had been a founder of the Carpenters' Company, one of the earliest associations in Pennsylvania, perhaps the oldest now existing. The company has maintained "an uninterrupted organization since the year 1724, about forty years after the settlement of the Colonial Government by William Penn. Among the early associates are many whose names are prominent in colonial history, and whose architectural tastes are impressed on the buildings that yet remain, memorials of that early day. James Porteus, second on the list of mem- bers, designed and executed Penn's Mansion on Second Street above Walnut ; and the lively interest he felt in the association with his fellows, induced him at his death to bequeath to it his works on architecture."
Both Joseph Fox and Edward Warner were members of the Carpenters' Com- pany. In 1763 Joseph Fox was chosen Master of the company and continued to hold the position until his death. In 1768 the lot on Chestnut street on which Carpenters Hall now stands, was purchased. The building, which has much historic interest, was erected, 1771. Joseph Fox was chairman of the committee to secure the lot, and a generous subscriber to the building fund.
His share of the Portues bequest brought to Mr. Fox much valuable real estate in and around the city. To him came the lot on the west side of Third street below Arch, on which stood the carpenter shop where he had served his appren- ticeship, and the ground in which James Portues was buried. After purchasing the adjoining property he either built the large house thereon or added to the one already standing, and there resided for the remainder of his days. The house, the home of succeeding generations, stood until about the year 1890, and from Portues he inherited the estate later known as "Champlost," which will be referred to hereafter.
Joseph Fox became owner of a large amount of real estate outside the city. His name appears upon the records of Philadelphia and Bucks counties as the holder of mortgages to a very considerable amount. His business undertakings prospered and he accumulated a goodly estate, becoming one of Philadelphia's most prominent property holders. He was frequently called upon to act as executor, guardian and trustee of large estates. In 1760 he was trustee of the estate of Robert Shewell. Joseph Fox, Benjamin Franklin and Joseph Galloway were named as executors and guardians in the will of William Masters in 1761.
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With James and Israel Pemberton he was an executor of the will of John Jones, who married, 1760, Elizabeth, daughter of James Fox.
So far as discovered, Mr. Fox's first public office was that of City Commis- sioner, to which he was elected October, 1745. In 1748 he was chosen one of the city assessors. In 1750 he began a long and active career as a member of the Assembly of the Province of Pennsylvania. On October 15th of that year he and his colleague, William Clymer, took their seats as the two burgesses, or repre- sentatives, of the city of Philadelphia. Clymer died before the expiration of his year of service, his place being filled by Benjamin Franklin, who, up to that time, had acted as Clerk of the House, with no voice in its deliberations.
Mr. Fox's being at once named for various important committees, is evidence of the assured place he already held in public confidence. In most of the business transacted during the sittings of this Assembly he appears to have taken an active part. Noticeable among the matters presented for consideration at this time was the establishment of Pennsylvania Hospital, which was favorably received, care- fully considered and finally acted upon. Mr. Fox was one of the earliest contrib- utors for its foundation and gave it active support in later years.
Of the next election, John Smith, James Logan's son-in-law, writes in his journal :
"Eighth month Ist. 1751 : We got home (from Burlington) in the Dark of the Evening. Found the people in a foam of Politicks.
"2d. Obtained a List of the votes for Officers yesterday;" which he proceeds to give, ending with :
"Joseph Fox, 330,
"Benja. Franklin, 40."
The list was for members of the Assembly for Philadelphia county. Both Fox and Franklin were unsuccessful competitors. Mr. Smith continues :
"I am told some people met & agreed to put Jos : Fox in the County, *
* There * was some strife about the choice of Burgesses. The tickets on counting them stood thus : "Benjamin Franklin, 495, "Hugh Roberts, 473,
"Joseph Fox, 391,
"William Plumsted, 303." "
As but two Burgesses, or Members for the City were to be elected, Joseph Fox was again on the losing side, although receiving more votes, counting those given for him as a county member, than did Franklin, whose supporters were not so divided. In 1753 Mr. Fox again took his seat; this time and each succeeding year thereafter until 1772, representing Philadelphia county.
Immediately after the opening of Assembly in 1750, he was appointed on the "Committee of Accounts." Again in 1753, and in each succeeding year of his long service, he was thus chosen, for many years holding the position of chairman of this most responsible committee. The single exception to his appointment was the year in which he was chosen speaker at the opening session of the House. His associates on this committee were the most capable and influential members of the Assembly. It devolved upon them to audit and settle the accounts of the General Loan-office and all other public accounts, to sink and destroy the Bills of Credit received in exchange; to count all the moneys and report, together with the said accounts, the sum they should actually find in the hands of the trustees, with 21
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power to send for persons, papers and records. In 1763 he, with others appointed by the House, examined Franklin's accounts for the time the latter acted as agent for the colony in Great Britain, and certified to their correctness.
Mr. Fox was frequently one of the commissioners for the disbursement of the large sums voted by the House for the defense of the Province or for the use of the government. Even after his connection with the Assembly was at an end, he acted in this capacity. One of the items in the account of September, 1774, is the sum paid Joseph Fox, Esq., for his services as a commissioner of the province. In 1770 Mr. Fox was serving on the corporation for the relief of the poor, as Henry Drinker, in writing to his partner, Abel James, says that William Fisher had been elected a manager in place of Joseph Fox.
Another committee on which Mr. Fox served uninterruptedly for many years was that known as the committee of Grievances or Aggrievances, which listened to complaints brought to Assembly for settlement. These were investigated (and probably some of them adjusted,) before being formally presented to the House. For eight of the twelve successive years in which Mr. Fox served on this com- mittee, he acted as its chairman. As long as Franklin remained here he served as one of its members, being succeeded by Galloway, whose legal knowledge made him especially valuable for the position.
It is an evidence of his acknowledged tact, that Mr. Fox was so frequently selected as one of those to wait upon the governor with messages from the Assembly. Owing to the strained conditions which almost invariably existed between the two, this could not have been an agreeable task. On one occasion the Governor vented on the messengers, of whom Mr. Fox was one, such an uncalled- for tirade that his remarks were noted on the minutes, where they may be seen to this day.
In 1763, when Isaac Norris fell ill, Benjamin Franklin was chosen to fill his place as speaker, and while in office aroused so much opposition that he was not elected to Assembly the next year. Isaac Norris, although far from well, was prevailed upon to again accept the position which he had so ably filled for many years. One week served to convince him that he was physically unequal to the strain, and Joseph Fox was "unanimously chosen" speaker. Almost the first business after his taking the chair, was the appointment of Franklin as agent to England.
Among the Norris papers at the Pennsylvania Historical society is a letter written by Dickinson to Isaac Norris, giving an account of the manner in which Norris's resignation as speaker was received by the Assembly. The same unani- mity as was shown before, attended the appointment of Mr. Fox as speaker at the opening of the next Assembly, in October, 1765. In 1766 Joseph Galloway suc- ceeded Joseph Fox as speaker, being chosen "by a majority of votes." In May, 1769, Galloway in his turn fell ill, and again Joseph Fox was chosen speaker for the remainder of the term.
While Mr. Fox held his office, in 1764, delegates were chosen for what has since been known as the Stamp Act Congress, when "Mr. Speaker, Mr. Dickinson, Mr. Bryan and Mr. Morton were appointed to that service." The Pennsylvania Gazette of September 26, 1765, notes "The gentlemen appointed by the Assembly to assist at the General Congress at New York, we hear set out this Day for that place." Ford says that although appointed, Joseph Fox did not attend the Con-
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gress. (See Stille's "Life of Dickinson" vol. ii. p. 182). Coming at the end of the session, and directly before the new election (shortly after which the new Assembly were to take their seats) it was probably necessary for the speaker to remain in Philadelphia.
In 1765 it was "ordered that the Committee of Correspondence do acquaint Mr. Jackson and Mr. Franklin, the Agents in London, the House request that all their letters on public affairs, may be addressed to the present Speaker, Joseph Fox, Esq., or to a majority of the said Committee in order that the same be regularly laid before the House." One of the letters sent according to these instructions still exists, being addressed by Benjamin Franklin to Joseph Fox, Esq., and is dated London, March 1, 1766, notifying him that the Stamp Act is about to be repealed and making mention of another letter sent shortly before. This is doubtless one of many such communications, now lost.
The Committee of Correspondence was another of those on which Fox invari- ably served, except when holding the position of speaker. It was at first composed of but three members, of whom Franklin, while still in the Province, was one. Franklin was also Fox's associate on the committee to revise the minutes of the Assembly and prepare them for printing. This committee was a standing one, and was at first composed of Joseph Fox and Benjamin Franklin alone. In 1757 Franklin was succeeded by Galloway and the speaker was added to the number, from which time no change was made in the members until 1763, when we find it composed of Fox, Dickinson and the Speaker. Ability in the same line caused Mr. Fox to be frequently called upon to form one of those named for the framing of laws, drafting bills, preparing messages to the Governor, or answers to those sent by him to the Assembly ; all requiring the greatest wisdom and prudence.
Mr. Fox attended, by appointment of the House of Representatives, the Indian Conferences at Easton and Lancaster in 1756 and 1757, but declined to act as one of the Commissioners at Fort Pitt in 1768.
He was for many years trustee of Province Island. This was a low island of 342 acres on the southwest side of the Schuylkill, near its mouth, purchased in 1741 by the Province, held as a quarantine station, and on which was established a "pest-house." Besides the buildings used for hospital purposes there were others leased to tenants.
January 22nd, 1757, Joseph Fox was appointed one of the Superintendents of the State House, in place of Edward Warner, deceased. The site for the State House had been selected by Hamilton and Lawrence, the first purchase made by William Allen in his own name, on October 16, 1730. Additional ground was secured by Hamilton in 1732, in the spring of which year the ground was actually broken. In 1762 it was deemed advisable to entrust both State House and grounds to trustees, and accordingly Isaac Norris, Thomas Leech, Joseph Fox, Samuel Rhoads, Joseph Galloway, John Baynton and Edward Penington were appointed.
Watson tells us that the State House square was walled in with a high brick wall, and at the centre of the Walnut street wall was a ponderous high gate and massive brick structure over the top of it, placed there by Joseph Fox.
In 1764, when the Christian Indians with their Moravian missionaries were taken to Philadelphia for protection from border settlers, the "Paxton Boys" bent on their destruction followed, and at Germantown Benjamin Franklin and other citizens held a parley with them and persuaded them to return home. The Indians
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were ordered to New York, and William Logan and Joseph Fox, the barrack master, gave them blankets and accompanied them as far as Trenton, but they were sent back. This incursion from the back settlements so alarmed the com- munity that according to the journal kept by Samuel Foulke, "The house, Appre- hensive of ye prenicious Consequences which wou'd accrue to the Community from such daring acts of inhumanity & Contempt of All Laws, Divine, Moral, Civil & Military, as the bloody Massacre at Lancaster, if the Miscreant perpre- trators were not brou't to Condign Punishment,-prepared a bill for passing a Law to Apprehend them & bring them to trial before ye Judges of Oyer & Term'r in Philada." This bill was framed by Benjamin Franklin, Joseph Fox and John Morton.
The name of Joseph Fox stands third in the list of signers of the Non-importa- tion Agreement in 1765.
This summary does not begin to enumerate all of Mr. Fox's activities as a rep- resentative. The minutes show him taking part in a large majority of the meas- ures which came before the House. Small matters as well as great received attention. He was on committees to regulate the size of loaves of bread, to regu- late the nightly watch of the city, to consider the petition against the firing of guns on New Year's Eve, etc.
But the long years in the Assembly came to an end at last. The election returns, October, 1772, do not show the name of Joseph Fox. Benjamin Franklin writing from London to Abel James under date of December 2, 1772, says :
"I do not at this Distance understand the Politics of your last Election, why so many of the Members declin'd Service, and why yourself and Mr. Fox were omitted (which I much regret) while Goddard was voted for by so great a number. Another Year I hope will set all right. The People seldom continue long in the wrong, when it is nobody's Interest to mislead them. * *
* And tho' it may be inconvenient to your private Affairs to attend Publick Business, I hope neither you nor Mr. Fox will thro' Resentment of the present Slight decline the Service when again called upon by your Country."
When it became necessary to erect barracks in Philadelphia for housing the soldiery, the House resolved, on May 3, 1758, "that Joseph Fox be made Barrack Master, with full power to do and perform every matter and thing which may be requisite for the comfortable accommodation of his Majesty's troops within the Barracks lately erected in the city." This position he held until the time of the Revolution. On November 1, 1775, the Assembly directed that Mr. Miles and Mr. Dougherty should deliver to Joseph Fox, barrack master, the order that required him hereafter to comply with such orders as the Committee of Safety should issue as to providing necessaries and quartering the troops. "These directions mark the period when, from the occupancy of the regular British troops the barracks passed into the tenancy of the soldiers who were opposed to them." Mr. Fox replied that the barracks would be ready for the troops in about ten days. His salary as barrack-master was paid to February, 1776. Major Lewis Nicola succeeded to the position as early as the middle of March of that year. Until the delivery of the orders, as above, Mr. Fox appears to have had unlimited authority in this position. From time to time there were reported sums spent for disbursements of clothing, firewood, candles, vinegar, small beer, bed- ding and the like ; for quarters put up and furnished for the officers, etc., but more frequently the amounts expended were given without detail. In testimony of the manner in which these duties were performed is the following :
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"July 23, 1774. Mr. Speaker laid before the House a Letter from Major Hamilton, Com- manding Officer at the Barracks of this city, which was read by order, and is as follows :
Philadelphia, July 21, 1774.
Sir: I take the liberty to inform you that his Majesty's troops under my command stand much in need of the aid of the Legislature of this Province; their bedding utensils and apartments, require inspection and want repairs. I have had the pleasure of knowing this Barrack these seven years, and shall always be happy in declaring, that no troops have been better supplied, nor any applications from commanding officers more politely attended to than here; from which I am encouraged to hope, that the House of Assembly will, during this sitting order the necessary inspection, and afford such a supply as their generosity and judgment shall dictate. I have the honour to be, with great respect,
Your most obedient humble servant,
Isaac Hamilton."
When barracks were established at Lancaster, Mr. Fox was the first barrack- master appointed. The active part he took in the preparation for the struggle at the time of the Revolution is evidenced in the minutes of the Committee of Safety. On August 18, 1775, it is recorded that "Joseph Fox, one of the Com- missioners for this County, waited on this Board acquainting them that it was found impossible to get completed in any reasonable time the firelocks for this County, unless it be permitted that they make use of such locks as they can pro- cure." On October 7, 1775, it is reported that a copy of yesterday's minutes of the Board relative to the making of the arms ordered by the Assembly was presented to Joseph Fox, who assured them that he would communicate it to the Board of Commissioners and Assessors, and that he would use his best endeavors to pro- mote the necessary business. On the 23rd of the same month Mr. Fox reported that he was ready and desirous to employ persons to make the number of firelocks required by vote of Assembly, but could not get workmen to undertake to make them. He afterward made application for five hundred pounds to advance to the gunsmiths,
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