USA > Pennsylvania > Montgomery County > Historical sketches : a collection of papers prepared for the Historical Society of Montgomery County, Pennsylvania, Volume I > Part 26
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Desiring to be brief, we will now add that the instruction books of Mr. Fortman on vocal and instrumental music were all in manuscript and prepared by himself for his pupils. Two of these have descended to us from his pupil and show that he was a splendid penman, some of the music and writing re- sembling steel engraving. One of those books has this in- scription : " Instructions, or the Elements of Music, adapted for the Piano Forte, Harpsichord, etc., for the use of Jacob Buck, of Nockamixon township, Bucks County, by Charles Fortman," and bears in it the date of July 25th, 1815. The songs and writing therein are written in Latin, German and English, besides some Italian, sufficient to prove that he was an accomplished scholar as well as musician. One matter therein has impressed us, the remarkable close resemblance of his English writing to those of his pupils, Jacob E. and Samuel E. Buck, a little later in their father's store books, still pre- served in the family.
About one half of the contents of the two books is con- fined to sacred music, the remainder constituting quite a variety ;
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as marches, hornpipes, reels, quicksteps, waltzes, jigs, besides a mention of allemandes, serenades and country dances. A minuet therein is so quaint a piece we entertain no doubt as to its being centuries old. There are several probably of Ameri- can origin, as Washington's March and "The Jersey Blues." The latter was a very popular reel between the years 1800 and 1820. At the Bucksville Centennial celebration held June I Ith, 1892, Washington's March, the Flowers of Edinburgh and Die Hirten were played from those books on the Estey organ by John T. Buck. The latter we had engraved for the recent History of the Buck Family from a reduced fac-simile and will give an idea of Mr. Fortman's penmanship over three- quarters of a century ago. We believe that this has not been heretofore published in this country. It is a humorous Ger- man song relating to an incident in rural life and is introduced here to illustrate our subject.
Charles Fortman's name is found in Captain Buck's store books down to the year 1824, after which we have lost all traces of him. To help to do honor to his memory at the above celebration, Charles Austin Buck, now for several years holding the responsible position of experimental chemist for the extensive iron and steel works in South Bethlehem, read a paper on " The Bucksville Piano Class of 1814-15," prepared for that occasion. We entertain no doubt that to him belongs the credit of being the first teacher of classes on the piano in Bucks and Montgomery counties, and he deserves some notice as an early instructor in the higher departments of knowledge, then but little taught. Our present school system had not for some time thereafter been introduced.
NOTE .- Application was recently made to the author, by the Secretary of the Historical Society of Montgomery County, for a copy of his paper read before them February 22d, ISS3. with a view to its publication. It having been revised with additions was published in 1887 under the heading of " The Traditions and Wonders of Horse-heaven," in a volume en- titled " Local Sketches and Legends Pertaining to Bucks and Montgomery Counties." In consequence the present article was suggested and especially prepared in its stead.
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Die Sirten.
1 36 - ren Sir - ten gu er - mar- ten
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Eclics fic Phil - lis in ben Bar= ten,
lin = ter fűb - le . Bu- chen ein idblief tas
fau = le Mad=den ein.
2 Shre Mutter fam gang Icife Rady der alten Mutter=wcije, Spergefdlichen ach wie fein Echt Das Madden fdjlaft allein.
4 Klimm Den mütterlichen Gegen Deiner theuren Unichuld megen, Sundert taufend Rüge bin, unidjuld'e=bolle Edlaferin !
3 Dicfem guten Dirten SBeibe Sapfete Das Der3 im Qcibe, Denn bon folder grommigfeit 3ft tein Mädchen weit und breit.
5 Bon Den warmen Mutter=fügen, Shrem Edplummer bald entrigen, Rief Das Madden : Mc) Damot! "Baram tommft Du bod) jo jpåt.
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FRIES' REBELLION.
By Lewis R. Harley, Ph. D.
In the early days of our political history, three events occurred which threatened our Republican institutions with destruction. The national sentiment was not immediately established by the Articles of Confederation and the Constitu- tion. The spirit of nationality developed very slowly. At first there were only faint glimpses of the "more perfect Union." The Constitution was adopted by means of a series of compromises, and to form the Union different theories con- tradictory to each other were recognized and were conceded to be true. The people had been accustomed to local govern- ment, and although general matters were vested in the Conti- nental Congress, yet this body was, to a great extent, merely advisory. They erroneously looked upon the National Con- gress as a mere successor of the Continental Congress, and with but little more power. The spirit of national self-con- sciousness was not present in an active form, and it is but natural that when the people felt the first pressure of Con- gressional Government upon them they should regard it as a form of tyranny.
The first resistance to the authorities of government is known as Shays' Rebellion, which occurred in Western Mas- sachusetts in 1786. It appears that the poor farmers of West- ern Massachusetts were loaded with more taxes than those of any other State. Their debts were enormous, averaging more than two hundred dollars apiece. Having no means to pay their debts, many were sued and thrown into prison. They became desperate, and Daniel Shays, himself a confirmed debtor, raised an army of two thousand farmers. They sur- rounded Worcester and Springfield, and put a stop to all law
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suits for debt. A strong military force suppressed them, and Shays fled into New Hampshire. This occurred in the days of the Articles of Confederation, and the weakness of the old system of government is well illustrated. The test of national power is the ability to lay and collect taxes.
The Whiskey Insurrection, which occurred in Western Pennsylvania in 1794, is another good example of resistance to Federal authority. Congress had resolved that an allow- ance of an additional sum be made to the army to compensate for the depreciation of its pay. This was distributed among the States, and the excise was to be used for the purpose. Many people in Western Pennsylvania were Scotch Irish. They had heard of the exactions and oppressions in the old country under the excise laws, and how houses were opened and searched by excise officers. They remembered also the resistance to the Stamp Act and the other British measures, and they rose up in insurrection, preventing the officers from collecting the tax. It was only by the appearance of an army of 12,959 men that they were subdued into obedience to the laws.
The third form of opposition to Federal authority is known in history as Fries' Rebellion. The quarrel with France in 1798 assumed the form of active hostilities. James McHenry, Secretary of War, began to organize the army. The President was given power to borrow $5,000,000, and $2,000,000 more was to be raised by a new and odious tax. The tax was direct, and fell upon houses and slaves. For every slave between twelve and fifty years, fifty cents was to be required of the owner. For every house, valued at from two hundred to five hundred dollars, twenty cents was required for every hundred dollars; while houses valued from five hundred to one thousand dollars, thirty cents per hundred was required. There were few slaves in Pennsylvania, and, as a result, the tax fell mainly on houses and lands. The value of the houses was determined by counting the number and measuring the size of the windows. Houses with few and small windows were usually rated lower, and in order to save
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the tax, the farmers usually had small windows put in their houses, with panes no larger than eight by ten inches in dimensions.
Pennsylvania's share of the tax was $237,177.71. To collect this amount the State was divided into nine districts, with the following collectors: First district, Israel Wheeler; second district, Paul Zantzenger: third district, Seth Chap- man; fourth district, Collingson Reed; fifth district, Jacob Eyerly; sixth district, Michael Schmyser; seventh district, Thomas Grant, Jr .; eighth district, Samuel Davidson; ninth district, Isaac Jenkinson.
The third district was composed of Bucks and Mont- gomery counties, and the fifth district of Northampton, Lu- zerne and Wayne counties. The assessors and collectors of the tax found very little difficulty and opposition until the eastern part of the State was reached. It was in the counties of Bucks, Montgomery, and that part of Northampton that afterwards became Lehigh county, almost within sight of the Federal capital, that the opposition became alarming, arising from the fact that the German people did not understand the law. Many a farmer knew nothing of the tax law until the assessor came around. The people remembered the old hearth tax of Germany, and they thought the measure was a revival of it. They were Republicans in politics, and were determined that the tax should not be collected. Women set dogs on the assessors, and poured scalding water on them when they attempted to measure the windows. The assessor being unequal to the task in Bucks county, two others joined him in his efforts to enforce the law. They counted the windows of fifty houses in Milford township and went to the tavern for dinner. John Fries entered and forbade them to go any further. The assessors finished their work, however, and were about to make the last measurements of the day, when they heard a great shout and saw Fries and four assistants in pursuit. The assessors got to Quakertown and found it in possession of a mob. At this place two of the assessors were taken.
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John Fries was a farmer's son, born in Hatfield town- ship, near Lansdale, Montgomery county, in 1750. He learned the cooper trade, and in 1770 married Mary Brunner, of Whitemarsh township. The Brunner homestead was on the Morris road, below Franklinville. In 1775, Fries moved to Lower Milford township, Bucks county. He saw service in the Revolution, having been enlisted in the Lower Milford Associated Company in 1775. He also helped to put down the Whiskey Insurrection in Western Pennsylvania. After settling in Bucks county, Fries became a traveling auctioneer. In those days the auction business was an important affair. The stores did an auction business, and Fries traveled from village to village engaged in this employment.
He and his dog, Whiskey, were familiar figures in every country store. He could speak German fluently, and in his rounds had excellent opportunity to denounce the tax. Being so well known, his words had great influence, and he naturally became a leader of the opposition party. In February, 1798, a meeting was held at the tavern near the point of union of the four counties, Montgomery, Northampton (now Lehigh), Berks and Bucks. A paper, pledging the signers to resist the window tax, received fifty-two names. Fries pledged himself to raise seven hundred men to resist the tax. In the meantime, the Marshal in Northampton county was serving warrants and arresting persons who would not pay the tax. Those who tried to serve the subpænas were driven away. The Federal courts then issued warrants, and more than thirty were arrested and confined in the Sun Tavern, Bethlehem. These arrests set the counties all in flame. Fries, at the head of a mob, began the march to Bethlehem. At the bridge across the Lehigh they met another body on the same errand. They proceeded to the tavern, and the Marshal was commanded to set the prisoners free, threatening to burn the town in case of resist- ance. Having no other alternative the men were released.
The government became greatly alarmed at these pro- ceedings. The President issued a proclamation commanding the rioters to disperse. He also called upon the Governor
FRIES' REBELLION.
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and militia of Pennsylvania to assist in maintaining order. Governor Mifflin issued a proclamation March 14, 1799, and on March 20th, James McHenry, Secretary of War, ordered out the cavalry from Philadelphia, Chester, Montgomery, Bucks and Lancaster counties. Under the command of Gen- eral MacPherson, the militia and cavalry encamped at Spring- house, Montgomery county. This is an old settlement, and as early as 1701 a road led from it to the city. Here General MacPherson issued a proclamation to the rioters. It was a lengthy exposition of the nature of the Constitution and the extent of Federal powers. A minister named Helmuth, who claimed to have some influence, also addressed them. Pro- ceeding to Quakertown they began to make arrests and scour the country in search of the rioters.
After releasing the men at Bethlehem, Fries returned to his old employment, and was arrested while holding a vendue. At the cry of soldiers he leaped to the ground and fled to a swamp. He was arrested, and, with some thirty others, was taken to Philadelphia for trial.
The following is a full list of the persons thus arrested :
Treason.
Misdemeanor.
John Fries,
Aaron" Samsel,
John Eberhard,
Peter Hamberg,
Jacob Huber,
Abraham Strong,
John Huber,
Peter Heidrick,
Frederick Heaney,
Jacob Huber,
Christopher Socks,
Henry Huber,
Jacob Klein, Sr.,
Michael Breich,
Jacob Klein, Jr.,
Abraham Heidrick,
David Klein,
Henry Mumbower,
Abraham Braith,
George Mumbower,
John Getman,
Peter Hoyer,
George Getman,
Peter Gabel,
William Getman,
Jacob Gabel,
Daniel Weidner,
Daniel Gabel.
The witnesses were George Mitchell and William Thomas. The case of Fries was called up April 30, 1799. His counsel consisted of Alexander J. Dallas and Messrs. Ewing and
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HISTORICAL SOCIETY OF MONTGOMERY COUNTY.
Lewis. Attorney Rawle and Samuel Sitgreave were the counsel for the United States. Samuel Sitgreave had a remarkable career. He was born in Philadelphia, March 16, 1764, was educated at a classical school, studied law, and was admitted to practice at Philadelphia September 3, 1783, in his nineteenth year. He had great legal ability and a large practice. He was a member of the Pennsylvania Constitu- tional Convention of 1789, and of the lower house of Congress in 1794. He conducted the trial of William Blont, impeached for conspiracy against the government, and in 1799 was again called into service by the government to assist in the prose- cution of John Fries for treason. He died at Easton April 4, 1824.
Fries' lawyers, Dallas and Lewis, were among the ablest in the State. They argued in the trial that the offense amounted only to riot, and that it should be tried in the local courts. This point was not accepted by the court and the case went to trial. The verdict was guilty ; but as it appeared after the verdict that one of the jury, previous to being empaneled, had expressed his opinion that Fries ought to be hung, a new trial was granted. The second trial was called for April 29, 1800. At the former trial, Fries' counsel argued at great length that the offense was only riot and not treason. They cited many English cases to support their view. The court would not take the English definition of treason, but relied upon that of the United States Constitution: "Treason shall consist in levying war against the United States, or in aiding or abetting her enemies." Fries' counsel then refused to appear further in the case. He was again found guilty, the Friday for the hanging was named, and the sheriff's posse was selected. Benjamin Rush was one of the posse, and his summons is preserved in the Rush Manuscripts at the Phila delphia Library. George Getman and Frederick Hainey were also found guilty of treason.
Permit me to present to you the speech of Hon. Samuel Sitgreave, who opened the trial on the part of the United States. The following are his remarks:
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"It will appear, gentlemen, from the testimony which will be presented to you, that during the latter months of the year 1798, discord prevailed to an enormous extent through- out a large portion of the counties of Bucks, Northampton and Montgomery, and that considerable difficulties attended the assessors for the direct tax in the execution of their duties ; that in several townships, associations of the people were actually formed in order to prevent the persons charged with the execution of those laws of the United States from per- forming their duty, and more particularly to prevent the assessors from measuring their houses.
"This opposition was made at many public township meetings called for the purpose; in many instances resolutions in writing were entered into, solemnly forewarning the officers, and many times accompanied by threats. Not only so, but discontent prevailed to such a height that even the friends of the government in that part were completely suppressed by menaces against any who should assist those officers in their duty; repeated declarations were made, both at public as well as at private meetings, .that if any persons should be arrested by the civil authorities, such arrest should be followed by the rising of the people, in opposition to that authority, for the pur- pose of rescuing such prisoners. Indefatigable pains were taken by those charged with the execution of the laws to calm the fears and remove the misapprehensions of the infatuated people. For this purpose they read and explained the law to them, and informed them that they were misled into the idea that the law was not actually in force, for that it actually was; at the same time warning them of the consequences which would flow from opposition; and this was accompanied with prom- ises that even their most capricious wishes would be gratified on their obedience. The favor was in many instances granted, that where any opposition was made to any certain person executing the office of assessor, another should be substituted. In some townships proposals were made for people to choose for themselves; but notwithstanding this accommodating offer the opposition continued. The consequences were actual op-
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HISTORICAL SOCIETY OF MONTGOMERY COUNTY.
position and resistance. In some parts violence was actually used, and the assessors were taken and imprisoned by armed parties, and in other parts mobs assembled to compel them either to deliver up their papers or to resign their commis- sions ; that in some instances they were threatened with bodily harm, so that in these parts the obnoxious law remained unex- plored in consequence. The state of insurrection and rebel- lion had arisen to such a height that it became necessary to compel the execution of the laws, and warrants were in con- sequence issued against certain persons and served upon them ; in some instances during the execution of that duty, the mar- shal met with insult and almost with violence; having, how- ever, got nearly the whole of the warrants served, he appointed headquarters for these prisoners to rendezvous at Bethlehem, where some of them were to enter bail for their appearance in the city, and others were to come to the city in custody for trial. On the day thus appointed for the prisoners to meet, and when a number of them had actually assembled, agreeably to appointment, a number of parties in arms, both horse and foot, more than a hundred men accoutred with all their mili- tary apparatus, commanded in some instances by their proper officers, marched to Bethlehem, collected before the house in which were the marshals and prisoners, whom they demanded to be dilivered up to them, and in consequence of refusal they proceeded to act very little short of actual hostility; so that the marshals deemed it prudent to accede to their demands, and the prisoners were liberated.
" This, gentlemen, is the general history of the insurrection. I shall now state to you the part which the unfortunate pris- oners at the bar took in those hostile transactions. The pris- oner is an inhabitant of Lower Milford, Bucks county. Some time in February last a public meeting was held at the house of one John Kline in that township to consider this house tax; at that meeting, resolutions were entered into and a paper signed; (we have endeavored to trace this paper so as to pro- duce it to the court and jury, but have failed.) This paper was signed by fifty-five persons, and committed to the hands
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of one of their number. John Fries was present at this meet- ing, and assisted in drawing up the paper, at which time his expressions against this law were extremely violent, and he threatened to shoot one of the assessors, Mr. Foulke, through the legs if he proceeded to assess the houses; again, the pris- oner at a vendue, threatened another of the assessors, Mr. S. Clarke, that if he attempted to go on with the assessment he should be committed to an old stable and there fed on rotton corn. The assessor in Lower Milford was intimidated so as to decline making the assessment, and the principal assessor, to- gether with three other assessors, were obliged to go into that township to execute the law. On March 5th, Mr. Chapman, the assessor, met the prisoner, who declared his determination not to submit but to oppose the law, and that by next morning he could raise seven hundred men in opposition to it.
" Fries and his partisans continued to follow and persecute several of the assessors, chasing them from township to town- ship in parties of fifty to sixty, most of whom were in arms with drum and fife. Fries was armed with a large horse pistol, and accompanied by one Kuyder, who assisted him in com- mand. Thus equipped they went to Quakertown, seized two assessors and attempted to fire at another who ran away, but the fire-arm did not go off. They examined the papers of the assessors and exacted a promise that they should not proceed in the valuation of the houses in Lower Milford. They abused a traveller who had the independence to stand up for the gov- ernment. At Quakertown, learning that the marshal had taken a number of prisoners, they resolved to effect their rescue, and the people of Milford were invited to assist in the business, and a paper setting forth their design was drawn up by Fries at his own house and signed by the party. On the morning of the next day twenty or more of them met at the house of Con- ard Marks, in arms. John Fries was armed with a sword, and had a feather in his hat. On the road, as they went forward, they were met by young Marks, who told them they might as well turn about, for that the Northampton people were strong enough to do the business without those from Bucks county.
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Some were inclined to do so, but at the instance of Fries and some others, they did go forward and actually proceeded to Bethlehem. Before the arrival of these troops, a party going on the same business had stopped at the bridge near Bethle- hem, where they were met by a deputation from the Marshal to advise them to return home. They agreed to halt there and send three of their number to declare to the Marshal their demand. During this period, Fries actually took the party over the bridge, and he arranged the toll and ordered them to proceed. With respect to the truth of the proceedings at Bethlehem, it cannot be mistaken. He was then the leading man, and he appeared to enjoy the command. With the con- sent of his people, he demanded the prisoners of the Marshal, and when that officer told him he could not surrender them, except they were taken away from him by force, and produced his warrant for taking them. The prisoner then harangued his party, and explained to them the necessity of using force, and that you should not mistake his design, we will prove to you what he declared: 'that was the third day which he had been out on this expedition, that he had a skirmish the day · before, and if the prisoners were not released he should have another that day.'
"'Now you observe,' continued he, 'that force is neces- sary, but you must obey orders. We will not go without taking the prisoners. But take my orders, you must not fire first ; you must first be fired upon ; and when I am gone, you must do as well as you can, as I expect to be the first man that falls.'"
"He further declared to the Marshal that they would fire until a cloud of smoke prevented them from seeing each other. He harangued the troops to obey his orders, which they did. The Marshal was really intimidated to liberate the prisoners, and then the object was accomplished, and the party dispersed amid the huzzas of the insurgents. After this affair at Bethle- hem the prisoner frequently avowed his opposition to the law and justified that outrage; and when a meeting was afterward held at Lower Milford to choose assessors, the prisoner refused his assent, and appeared as violent as ever."
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