History of Berks county in Pennsylvania, Part 13

Author: Montgomery, Morton L. (Morton Luther), b. 1846
Publication date: 1886
Publisher: Philadelphia : Everts, Peck & Richards
Number of Pages: 1418

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Valley, forming, as it were, a great cross, to symbolize the wonderful faith that directed the settlers into this new and fertile country for freedom and religions toleration. New districts were formed to encourage local government and to facilitate intercourse. To the right they were called Douglass, Exeter, Ruscomb-manor,' Alsace, Maxatawny, Maiden-creek, Richmond,1 Longswamp 1 and Allemengle ; and to the left, Heidelberg, Bern, Cumru, Bethel and Breck- nock. Altogether, till 1750, the districts were twenty in number.

This was the territorial situation of the set- tlements in this section of the province towards the close of the second quarter of the eigh- teenth century. The settlers in the several dis- tricts had provided themselves with meeting- houses and schools for their religious and secn- lar education. In this respect they had exhibited commendable zeal. The German population predominated; consequently, the preaching and teaching were mostly done in the German language. But the Friends were not backward. They were prominent in Exe- ter, Robeson and Maiden-creek; and their schools were distinguished for excellence. Manufactures were carried on everywhere; spinning was a common, if not a necessary employment in every household. Wearing apparel was home-made; carpenters, masons, blacksmiths and shoemakers were in every locality ; and iron-ore mines and furnaces and farges were in operation to the north, south, east and west. But the great highways were comparatively few. The most prominent pub- lic road was the Tulpehocken road. It ex- tended from the Tulpehocken settlement in the west, in a southeasterly direction, via the ford across the Schuylkill (now the site of the Penn Street Bridge at Reading) and Pine Iron- Works, to Philadelphia. From this ford a prominent road extended to the north, on the eastern side of the river, called Maiden Creek road; and another to the south, on the western side, called Schuylkill road. This point of concentration naturally attracted attention to- wards this locality as a practicable place for a

" Named, but not regularly erected.

HISTORY OF BERKS COUNTY, PENNSYLVANIA.

town-site. Elsewhere, for many miles round- about, there was no town, not even a village, and there were then apparently no steps to- wards founding either. But just as the settlers had labored for years to establish a county out of the surrounding territory, similar efforts were expended for a town here.

PETITION FOR COUNTY .- The first efforts for the establishment of a new county out of the upper sections of Philadelphia and Lancaster Counties, adjoining the Schuylkill, were made in the latter part of 1738. On the 13th day of the Eleventh Month (January), 1738, the Hon. George Thomas, Lieutenant-Governor of the province, " laid before the Council two petitions addressed to him-one from the inhabitants of Providence, Limerick, etc., in Philadelphia County, and the other from the inhabitants of the northeast side of the county of Lancaster, (with a Map of the Province of Pennsylvania)- praying that a new county may be bounded as by the dividing lines in the said Map, for that they labor under great inconveniences and damage by reason of their distance from the Courts held at Philadelphia and Lancaster, and for many other reasons in the said petition men- tioned ; which were read and ordered to lie on the table for further consideration." 1 The pe- tition from the inhabitants of Providence, Lim- erick, etc., districts (now in Montgomery County) has not been found ; but a copy of the other is in the possession of the Pennsylvania Historical Society, at Philadelphia. It is as follows, including the names of one hundred and seventy-two subscribers, of which the first sixty-one were Welsh, the others Germans :

"To the Hon. Geo. Thomas, Esq., Lieut. Govr. and Commander-in-Chief of the Province of Pennsylva- nia and counties of New Castle, Kent and Sussex up- on Delaware, etc.

"The petition of the Inhabitants of the North East side of the county of Lancaster in the said Prov- ince.

" That whereas our Neighbours, the Inhabitants of the county of Philada., have petitioned Your Honor That the upper part of the said county may be made & erected into a County, We, Therefore, in considera- tion of our sufferings and by their approbation and consent, pray That part of this county may be Divid-

ed by a North West line at such a reasonable distance as you in your Wisdom shall think fit, upon a right angle from the river Schuylkill and added to the said proposed division and be made and erected into a County & allowed the usual priviledges for the fol- lowing reasons :

" Ist. The Town of Lancaster, where the Courts of Justice and Publick Offices are held, is seated very advantageous for a Division, there being, according to the best account, three-fourths of the Distance be- tween Skulkill and Susquehanna on this side of it. "2ndly. That our Trade and Commerce are equal with that of our neighbours, the Inhabitants of the Upper part of the county of Philada. aforesd, and [we] transport our produce by the same methods, so that we have [no] business nor trade at or near Lan- caster, save only to attend the administration of Jus- tice by reason [of ] the disadvantage of their length of land carriage [and] will not allow us a market there for our produce and for the same reasons we cannot pur- chase such goods as onr occasions require but at a very dear rate.

" 3rdly. If the Seat of Justice were fixed upon Skulkill we could there cheerfully attend the Courts and dispose of our produce, or have it carried down by water for less than the fourth part of what we must pay for land carriage or store it there ready for markets, to wait the freshets, or if we travel with our wagons, having mist all the aforesd opportunities. Yet we are still in our way to Philada.

" 4thly. That many of us are divided from Lancas- ter by vast ridges of mountains ; that the quiet and peaceable people rather choose to suffer thefts and abuses from the idle and dissolute people who always choose to resort to such places which are furthest from the Seat of Justice (Especially the Advantage of the River considered) than be at the expense and trouble of such a journey, the distance and difficulty thereof when attempted, oftentimes gives such oppor- tunities to escape.

"5thly. That Whereas Skulkill is the principal River in the Province, We Humbly conceive that these proposed Divisions being annexed as aforesd and the Seat of Justice fixed as aforesaid it would be a great advancem't to trade and a benefit to the Prov- ince in General as well as to every particular within the proposed division and no detriment or disadvan- tage to any.

"6thly. That as our natural situation is such That we are a great distance from any Seaport and conse- quently it is with great labour & difficulty we trans- port the effects of our Industry, thereby yielding a ben- efit to the other, our neighboring Counties, through which we travel and with whom we Barter, We There- fore hold ourselves excusable if not Commendable in craving the reasonable advantages we humbly con- ceive belong to a people deprived of equal advantages with their neighbors, so that being fully satisfied with

14 Col. Rec. 817-318.

ERECTION OF COUNTY.

the Justice of our Request, and that Your Honors' care and study is for the good of the Public Weal, We Therefore Humbly pray that our cases in conjunc- tion with our neighbours aforementioned may be equally considered.

" And your petitioners as in duty bound shall pray, etc.

(Subscribed by)

"Hugh Hughs.

William Hughs.

Thomas Nicholas. George Lewis, Sr.

William Thomas.

John Lewis.

Edward Davis.

George Lewis, Jr.

Morgan Evans.

William Jones.

Robert Ellis.

Griffeth Rees.

Michael Ceddor. John Adam Stumf.

Isaac Crooker.

Hugh Davies.

John Lloyd.

Gabriel Davies.

Thomas David.

Johannes Lebo. Leonard Reed.

Henry Razer. Jacob Razer.

Morgan John.

Watkin Jones.

Peter Rule.

Peter Herbein.

Evan Hugh.

Nathan Evans.

Michael Felgeller.

John Epler.

John Davies.

Eleazer Evans.

Michael Platter.

John Huster.

John Bowen.

David Thomas.

Johannes Teginham.

David Davies.

William Griffith.

Christian Ewig.

David Jones.

David Edward.

James Jones.

Thomas Immass.

James David.

Israel Robison.

Jacob Sensibach. George Fredk. Lapp. Michael Neff.

Thomas Thompson. Jacob Bowman. John George Hege.

Thomas Jenkins. John David.

Samuel Robison.

Alton David.

James Lewis.

Peter Zoller.

Thomas Lloyd.

John Treeby, Jr.

Jacob Mouts.

Henry Zoller.

John Thomas.

Alexander Brindley.

Thomas Jones.

John Scarlet.

Henry Harry.

Moes Martin.

William Rattew.

John Persall.

Christian Jonely.

John Craul.

Hermanus Edee.

James Edward.

John Jenkin.

Evan Lloyd.

George Hudson, Sr.

Edward Price.

Nicholas Hudson.

Evan Price.

George Hudson, Jr.

David Lewis.

"Johannes Bernard. John George Ceh.

Lodwick Kormen. Thomas Davis.

Cunradt Wiser.

Martin Fartrigher. Christopher Steep. Henry Grubber. Cunrad Sharf.

John Michael Bush.

Peter Ritter. Cunrad Sherf.

George Adam Bush. Lodwick Bush.

Michael Bush. Henry Dun.

John Zerpe.

Peter Vanbebber. Peter Faulk.

Lodwick Butner. Zach. Wanger.

Christopher Stump. Johannes Ritter. Hance Hitz.

Hance Wire.

Adam Shite.

Antony Shad.

George Einer.

Paul Engle.

Frederick Pickle.

Jacob Koofer.

Christian Pilgus.

Johannes Kirshner.

John Henry Rool.

Johannes Gutslinger.

Henry Seller. Jacob Beyler. David Jones,

Cunrad Caplinger. Tobias Bickle. John Adolph Henry.

Windel Loudermilk.

John Loudermilk.

John Michael Cap.

Michael Neff, Jr.

Johannes Ceddor.

John Mekur Huller. John Jost Hek. Nichs. Reem. Balser Reem. Johannes Reem.

George Frick.

David Evans.

Francis Hughs.

John Treeby.

Andrew Kolp. John Shinfelt. Andrew Boyer. Godfrey Fiddler.

George Lendel.

Youchim Ryman.

Henry Shiggerd.

Christopher Shanp.

George Dedrick Kohl,

Yenik Hefft. Michael Eagle.

George Unruh.

Jacob Wilhelm.

John Shall.

Peter Cry. Jacob Cry.

Several months afterward (on 19th of Third Month [May], 1739) Lieutenant-Governor Thomas addressed a message to the Assembly in which he referred to these petitions and said : " If it shall be thought likely to conduce to the security, ease and good order of that part of the government, I shall be willing to grant the prayer of the petitions ; and as a provision will be best made by a law for the establishment of Courts of Judicature, I shall also be willing to join with you in one for that or other necessary purposes."

The Assembly did nothing in the matter. The petitioners waited six years and heard noth- ing. They then (25th of Second Month [ April], 1745) addressed another petition to the Lieu- tenant-Governor, and renewed their former re- quest for a new county. It was read to the

John Michael Teeter. Herman Deedus. Adam Shrouf. Michael Lousereel. Michael Shouer.

Joseph Huster. Lawrence Thompson.

Christopher Stoofel. George Heil.

Peter Fry.

John Davies.

Johannes Rauhoose. George Heff. Michael Grove. Jacob Derrup.

John Iste.

Philip Zerpe.

Adam Shouer. Tobias Becger.

HISTORY OF BERKS COUNTY, PENNSYLVANIA.

Council, "and their case being thought proper to be recommended to the Assembly, the same was done," in a message similar to the first. The Assembly ordered it to lie on the table. It was signed by John Potts, Henry Harry, William Bird, Francis Parvin and numerous other inhabitants. On the 14th of the Eleventh Month (January), 1745, a similar petition was presented, in which the petitioners (the persons named "in behalf of themselves and a great many other inhabitants") prayed "that their former petition may now be considered, and that for the reasons therein contained a new county may be laid out and erected," according to the lines drawn in a map then laid before the House, or in such other manner as to the House shall seem meet. It was read and ordered to lie on the table. The next day, (15th) it was again read, but referred for fur- ther consideration. In two weeks afterward (on the 30th) another " petition from a consid- erable number of inhabitants of Philadelphia and Lancaster Counties, praying to be set off into a new county," was presented, read and ordered to lie on the table. On the 28th of Twelfth Month (February), 1745, sundry per- sons appeared before the House and urged the matter of the erection of this new county, when a resolution was passed, " That the House will, at their next sitting, take the said petition into consideration." The matter seems to have been dropped then for five years more. Nothing is recorded in the " Votes of the Assembly." A diligent, but fruitless search was made for these petitions, in order to ascertain the names of the petitioners.

In the mean time settlements had been ex- tended westwardly and north westwardly beyond the Susquehanna River. York County had been erected on the 19th of August, 1749, and Cumberland County on the 27th of January, 1750, both out of the westerly part of Lancas- ter County. This successful action on the part of the German settlers west of the Susquehanna seems to have awakened a new interest in behalf of the new county between the Susquehanna and the Delaware ; for, some months afterward, on the 7th of the Third Month (May), 1750, there was presented-

" A petition from a great number of the back in- habitants of Philadelphia County and the adjacent parts of Chester, Lancaster and Bucks Counties, set- ting forth that by their remote situation from their respective county towns (where the courts and public offices are kept), they are put to such extraordinary expense of money and time in their long journeys thither, as parties in causes, witnesses, jurymen, con- stables, etc., that their burthen on that account is al- most double to what those bear who are so fortunate as to live within a convenient distance of their coun- ty town; that their being at a great distance from the metropolis of the province, and the charge of carriage of their produce to market, make the burthen still more heavy upon them; that as the other remote in- habitants of the province, who were lately in the same circumstances, have obtained laws to have new coun- ties erected, they are encouraged to expect the like favor; humbly praying that this House would take their case into consideration, and grant them a law for erecting them into a distinct county of such extent and in such manner as to their wisdom shall scem meet."

It was read, but it was not effective. The House was not in the proper spirit. Its mem- bers may have thought-as their successors thought a hundred years afterwards-that coun- ties were becoming too numerous, that the people were getting too many offices and office-holders, and that the taxes would become too burden- some. The very argument which the petition- ers had so ably and truly set forth in their petition, and used in their behalf, seems to have moved the House against them. They ordered the petition to lie on the table. Here was a clear case of partiality. The petitioners must have been bitterly disappointed. What was the reason of the refusal? The settlers of the districts erected into York and Cumberland were not removed from Lancaster, the county- town, more than an average distance of thirty miles ; yet the average distance of the settlers in this district, especially those situated east of the Schuylkill, exceeded sixty miles, or twice the distance from their county-towns. Had they not used enough money ? Had they not first fed the politicians before asking a favor at their hands? Or were they wanting in policy ? Their representatives, Potts, Harry, Bird and Parvin, who can be presumed to have taken an active interest in this petition also, were wise, as they were wealthy and influential, and the conclusion must therefore be expressed that

ERECTION OF COUNTY.

the Assembly deemed the erection of a new county so soon after York and Cumberland as inexpedient.

If they were then disappointed, they were not discouraged. Their determination prepared them for another effort. A year afterward they tried it again. They caused their petition to be brought up before the Assembly on the 16th of Sixth Month (August), 1751, and read a second time ; but it was " referred to the consideration of the next Assembly."

When the next Assembly met, these earnest petitioners were on hand. They prepared the way by presenting still another petition. This was on the 4th of February, 1752. It repre- sented-

" That they were inhabitants of Reading-town, upon the Schuylkill. That they had settled in the said town, expecting that it would be a great place of trade and business, and had put themselves to vast ex- penses in building and removing thither with their families, several of whom had left tolerably good plantations ; that though the said town had not above one house in it about two years ago (1750), yet it now consisted of one hundred and thirty dwelling-houses, besides forty-one stables and other out-houses ; and that there were one hundred and sixty families, consist- ing of three hundred and seventy-eight persons, settled therein ; that they had good reason to believe that in another summer they would be much increased, as the chief part of the province that could be settled was already taken up, and the settling of the town would be of great benefit to tradesmen and others who are not able to purchase tracts of land to live on; that they humbly conceived it their interest, to the hon- orable proprietaries as well as to themselves, and that unless this House would be pleased to erect part of the counties of Philadelphia, Chester and Lancas- ter into a separate county, they should be entirely disappointed in their expectations, notwithstanding all the cost and trouble they had been at; they there- fore prayed that this House would take their case into consideration and grant them relief by erecting such parts of said counties as they should think most proper into a new county, with the same privileges that the other counties of this province enjoyed ; and that the seat of judicature should be fixed within the said town of Reading."

And on the following day (5th) another petition was presented, in which they stated that-

" Although their grievances were laid before the Assemblies of this Province several years past, and their petitiou again reuewed at the last sitting of the

Assembly, yet as they find the causes of their com- plaint still continue growing, they humbly beg leave further to represent that they are settled at a very great distance from the place of judicature, many of them not less than one hundred miles, which is a real hardship upon those who are so unhappy as to be sued for debts, their charges in long journeys, and some- times in severe weather, with the officers' fees, amount- ing to near as much, if not more, than the debts; that the hardships on jurymen, constables, etc., in being obliged to attend when required, is also very great ; that now there is a new town laid out by the Proprie- taries' Order, within fifteen perches of the division line between Philadelphia and Lancaster counties, and above one hundred and thirty houses built, and near as many families living therein ; it is very easy for rogues and others to escape justice by crossing the Schuylkill, which has already been their practice for some years; that, though their grievances when laid before the Assembly some years past were not re- dressed, because of other weighty affairs being at that time under consideration, yet the prayer of their pe- tition was thought reasonable, and the number of pe- titioners being since doubled by the increase of the back inhabitants ; they therefore pray that this House would grant relief in the premises, by erecting them into a separate county, bounded as to the wis- dom of the House shall seem best."

In pursuance of the reference, the petition was read on the 5th, and referred for the next day. The 6th arrived and it was read again and referred. On the 12th the same proceed- ings were had. And finally, on the 13th, the monotony of reading and reference was broken ; for then the House, after having considered the petition and also the petitions from Reading, " Resolved, that the petitioners have leave to bring in a bill pursuant to the prayer of their petition."

On that day some of the petitioners presented themselves before the House "and desired leave to be heard respecting the bounds which they understood the House proposed for a new county in case it should be granted." Their objections were heard ; and, after answering such questions as were put to them, they with- drew.

On the 18th the bill was read the first time and ordered to lie on the table. On the 19th it was read a second time, considered paragraphı by paragraph, and, after some debate, ordered to be transcribed for a third reading. On the 20th it was read a third time, and, upon the

HISTORY OF BERKS COUNTY, PENNSYLVANIA.

question, " Resolved, that the Bill do pass," it was " Ordered, that Henry Pawling and George Ashbridge do carry up the same to the Gover- nor and desire his concurrence thereto." On the 21st "the gentlemen named reported that they had delivered the Bill according to Order, and that the Governor was pleased to say he would give it all the dispatch he could." On the 6th of March, the Governor, by his secre- tary, sent down the bill with some amend- ments ; it was read and agreed to by the House and ordered to be engrossed; and on the 11th day of March, 1752, the Speaker reported to the House that the bill was assented to by the Governor and enacted into a law.

At last, after the lapse of fourteen years, the zeal and persistent determination of the peti- tioners were rewarded with success. The act fixing the boundary lines of the county, and authorizing the erection of county buildings for the public service, etc., was as follows :

ACT ERECTING COUNTY.1

" Whereas a great number of the back inhabitants of the county of Philadelphia, and the adjacent parts of the counties of Chester and Lancaster, by their peti- tion, have humbly represented to the Governor and Assembly of this province their remote situation from their respective county-towns, where the courts of justice and public offices are kept, whereby they are frequently put to extraordinary expense of money, and loss of time, in their long journeys thither, as parties in causes, witnesses, jurymen, &c .: For remedying which inconveniencies, and relief of the inhabitants in those remote parts in the premises, be it enacted by the Hon. James Hamilton, Esq., Lieu- tenant-Governor, under the Hon. Thomas Penn and Richard Penn, true and absolute proprietaries of the province of Pennsylvania and of the counties of New Castle, Kent and Sussex, upon Delaware, by and with the advice and consent of the representa- tives of the freemen of the said province, in general assembly met, and by the authority of the same --- That all and singular the lands lying within the prov- ince of Pennsylvania aforesaid, within the metes and bounds as they are hereinafter described, be erected into a county, and the same are hereby erected into a county, named, and henceforth to be called BERKS; bounded as follows : by a line, at the distance of ten superficial miles southwest from the western bank of the river Schuylkill, opposite to the mouth of a creek

called Monocasy, to be run northwest to the extremity of the province, and southeast, until it shall intersect the line of Chester county ; then on one straight line crossing the river Schulkill aforesaid to the upper or northwestward line of McCall's manor ; then along the said line to the extremity thereof, and continuing the same course, to the line dividing Philadelphia and Bucks counties ; then along the said line north- . west, to the extent of the county aforesaid.

" Sec. 2. The inhabitants empowered to elect one representative in the Assembly.

" Sec. 3. Taxes already laid in the county of Berks, to be paid to the Treasurers of Philadelphia, Chester and Lancaster counties.

" Sec. 4. Jurisdiction of Supreme Court extended to Berks County.

" Sec. 5. County Courts established, which shall sit in May, August, November and February.

"Sec. 6. It shall and may be lawful to and for Anthony Lee, Francis Parvin, William Maugridge, William Bird and Joseph Millard, or any three of. them, to purchose and take assurance to them and their heirs, of a piece of land, situate in some con- venient place in the said town of Reading, in trust, and for the use of the inhabitants of said county, and thereon to erect and build a court-house and pri-on, sufficient to accommodate the public service of the said county, and for the ease and conveniency of the inhabitants.

" Sec. 7. Charges for these purposes to be assessed on the inhabitants, but not to exceed three hundred pounds.

" Sec. 8. Suits commenced to be prosecuted in the counties where instituted.

" Sec. 9. John Hughes appointed collector of excise with power to collect the same, &c.

" Sec. 10. Said collector shall apply to collectors of Philadelphia, Chester and Lancaster Counties for lists of excise, etc.

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History of Berks county in Pennsylvania, Part 13

Author: Montgomery, Morton L. (Morton Luther), b. 1846 Publication date: 1886 Publisher: Philadelphia : Everts, Peck & Richards Number of Pages: 1418

Author: Montgomery, Morton L. (Morton Luther), b. 1846
Publication date: 1886
Publisher: Philadelphia : Everts, Peck & Richards
Number of Pages: 1418