History of Berks county in Pennsylvania, Part 4

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

USA > Pennsylvania > Berks County > History of Berks county in Pennsylvania > Part 4

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GENERAL HISTORY OF PENNSYLVANIA.

good ; but a loose and depraved people love laws and an administration like themselves. That, therefore, which makes a good constitution, must keep it, name- ly, men of wisdom and virtue-qualities that, because they descend not with worldly inheritances, must be carefully propagated by a virtuous education of youth ; for which after ages will owe more to the care and prudence of founders and the successive magistracy than to their parents for their private patrimonies."

These are certainly words of wisdom and worthy our sincere consideration even at this day, two hundred years after they were given to the first settlers.

The English laws had prevailed over the territory before the control of it passed to Penn. These are now known as the " Duke of York's Laws." They were published by authority of the State of Pennsylvania in 1789. They were considerably modified by the laws and privileges agreed upon and given by Penn. Under these provisions, privileges, etc., the government was continued till the people of the Ameri- can colonies declared their freedom from English rule and enacted laws by their own representation.1

The Continental Congress passed a resolution on May 15, 1776, recom- mending the total suppression of all authority under the King of Great Bri- tain. In pursuance of this recommend- ation, a Provincial Conference was held in Carpenter Hall, at Philadelphia, on Tuesday, June 18, 1776, which was attended by representatives from all the counties in the province, then eleven in number. The representatives-or delegates, as they were called-from Berks County were Jacob Morgan, Henry Haller, Mark Bird, Bodo Otto, Benjamin Spyker, Daniel Hunter, Val- entine Eckert, Nicholas Lotz, Joseph Hiester and Charles Shoemaker.

This conference decided that a Provincial Convention should be called to meet on Mon- day, July 15, 1776, "for the express purpose

of forming a new government in this province on the authority of the people only." It pro- vided the qualifications of electors, fixed the number of representatives from each county and the time of their election, ordered an address to the people to be prepared, and agreed upon a Declaration of Independence for the colony.

At the time appointed the convention as- sembled. The delegates who represented Berks County were Jacob Morgan, Gabriel Hiester, John Lesher, Benjamin Spyker, Daniel Hunter,

CARPENTER HALL.

Valentine Eckert, Charles Shoemaker and Thomas Jones, Jr.

CONSTITUTION OF 1776 .- A Coustitution was adopted on September 28, 1776. It consisted of a Preamble, Declaration of Rights and Frame of Government, and it was signed by all the delegates present. There were some absentees, amongst them being two from Berks County,

1 In reference to petitions to royal government for change of proprietary government, see Gordon's "History of Pennsylvania," pp. 413 to 423.

HISTORY OF BERKS COUNTY, PENNSYLVANIA.

John Lesher and Daniel Hunter. The Declara- tion of Rights was reported by a committee of eleven delegates, including one member from Berks County, John Lesher.

REPRESENTATIVES' FRAME OF GOVERN- MENT .- The frame of government adopted by the representatives of the people provided,-

"That the commonwealth should be governed by a single house of representatives, with the executive power vested in a president and council; that courts of justice should be established in every county and judges commissioned, etc .; that militia should be trained; that the electors, representatives and assem- bly should have certain qualifications, powers, etc .; that business should be done openly and published regularly; that representation should be rated ac- cording to inhabitants; that the council should con- sist of twelve members (one from Berks), for three years, with certain powers; that officers should be liable to impeachment; that trials should be by jury ; that courts should be held quarterly, and be open, and administer justice impartially, without corrup- tion or unnecessary delay, and their officers be paid adequate, but moderate salaries; that debtors should not be imprisoned after bona fide surrender of their property, and prisoners should be bailable without excessive bail; that each district should elect a jus- tice of the peace for seven years, and a sheriff and coroner for one year; that all elections should be by ballot, free and voluntary; that all office fees, etc., should be paid into the treasury; that each county should have a register, a recorder and commissioners, all removable at pleasure; that printing presses should be free; that every freeman should have some trade or occupation, and that public offices of profit should be discouraged; that entails and penal laws should be regulated, and jails established; that officers should be qualified by oath; that taxes should alone be lev- ied by law, with purpose expressed; that every for- eigner, after allegiance, should be permitted to hold property, etc .; that inhabitants should be permitted to hunt and fish ; that schools should be established in each county; that virtue and religion should be encouraged and vice prevented, aud that a council of censors-two from each county-should be elected, with certain powers, etc., to meet in 1783, and every seventh year thereafter."

CENSORS .- By the forty-seventh section of this frame of government, a provision was made for the election of censors, who were "to inquire whether the Constitution was preserved inviolate in every part." James Read and Baltzer Gehr were chosen to represent Berks County. The council met in October, 1783. James Read was appointed on the committee to

make the inquiry provided for. This commit- tee reported in August, 1784, against a con- vention. Both Read and Gehr agreed to the report. There were some dissenters. Reasons for and against it were entered. Gehr signed those for it, and Read those against it; but he "would have it understood that he had senti- ments as favorable to the constitution as any from whom he dissented." Remonstrances, signed by eighteen thousand citizens, were pre- sented to the council, protesting against the calling of a convention for altering or amend- ing the constitution. An address to the free- men of Pennsylvania was then ordered to be published. Read voted for it; but Gehr did not vote.

CONVENTION OF 1789-90 .- The General Assembly of the State met on March 24, 1789. The representatives from Berks County were Joseph Hiester, Gabriel Hiester, Joseph Sands, John Ludwig and Daniel Brodhead. The Assembly determined that alterations and amendments to the Constitution of 1776 were necessary. Sands and Brodhead voted in the affirmative, Ludwig in the negative; both Hiesters were absent.

The Assembly met again on September 15, 1789. A resolution was reported by a com- mittee of the whole Assembly, favoring the calling of a convention to amend the Constitu- tion, which was adopted. Sands, Brodhead and Ludwig voted in the affirmative; Gabriel Hiester in the negative; Joseph Hiester did not vote. Delegates were accordingly elected by each of the districts in the State. In Berks County they were Joseph Hiester, Christopher Lower, Abraham Lincoln, Paul Groscop and Baltzer Gehr. The convention assembled in the State-House, at Philadelphia, on November 24, 1789, and a New Constitution was adopted and all the delegates subscribed it on September 2, 1790. The delegates from Berks voted generally on the same side of questions. It was then submitted to the people by a special election and adopted.

CONSTITUTION OF 1790 .- This Constitution comprised nine articles :

Article 1st provided for a Legislature to be composed

GENERAL HISTORY OF PENNSYLVANIA.

of two houses-Senate and Assembly-and fixed qualifications, powers, terms, etc.

Article 2d vested supreme executive power in a Governor and fixed his qualifications, powers and duties.

Article 3d created elective franchise and fixed qualification of electors.

Article 4th provided for impeachment of civil officers.

Article 5th vested judicial power in various courts and fixed terms and power of judges, and created office of register and recorder.

Article 6th provided for appointment of sheriffs and coroners by the Governor for military discipline, for location of county officers, for State commissioners, for State treasurer and all other officers, State and county.

Article 7th provided for the establishment of schools, promotion of arts and sciences, and preserva- tion of religious freedom and corporate powers.

Article 8th provided qualification of Assembly and all State and county officers by oath.

Article 9th provided a Declaration of Rights. It contained twenty-six sections, copied after the Decla- ration of 1776, but arranged differently, with some important amendments.

A schedule was added, by which provision was made for the alteration and amendment of the Constitution.

This Constitution was continued as the general political law of the State until the adoption of a new Constitution in 1873. In the mean time efforts were made to improve it. On March 28, 1825, an act of Assembly was passed providing for an election, at the next succeeding election, to ascertain the opinion of the people relative to the call of a Constitu- tional Convention ; but the people decided by ballot that such a convention should not be called. The vote was : For it-44,474 ; against it, 59,884 -- a majority of 15,410. In Berks County it was : For it, 752 ; against it, 3757-a majority of 3005. In 1837, however, such a convention was duly assembled at Harrisburg, and amended the Constitution in various par- ticulars, which amendment was adopted by the people at an election in October, 1838. The vote in the State was : For it, 113,971 ; against it, 112,759-a majority of 1212; and in Berks County : For it, 5823; against it, 3883-a majority of 1940. The delegates from Berks County were John Ritter, George M. Keim, Wm. High, Mark Darrah and James Donagan. 2

AMENDMENTS .- Subsequently, until the adop- tion of the new Constitution of 1873, amend- ments were proposed by act of Assembly and ratified by election.

The first amendment was made in 1850. It provided for the election of all the judges of the commonwealth. The vote was : For it, 144,578 ; against it, 71,982-majority, 72,596; and Berks County vote : For it, 5160 ; against it, 3552; majority, 1608.

This was considered a wise political move- ment. It is right in principle, but it is ques- tionable whether the people were then, or even in 1873, possessed of sufficient independence in political knowledge, thought and action as to have enabled them to dispose of so important a matter by the exercise of their political fran- chise. This amendment transferred the matter of the fitness of the candidate for judicial power from the lawyer and prominent citizen to the politicians, and of the appointment from the Governor to the people.

The second amendment was made in 1857. It provided for-

1st. The contraction of debts owing by the State.

2d. The erection of new counties.

3d. The apportionment of Representatives; and the term of State Senator to be three years.

4th. The alteration or revocation of charters if found injurious to the people.

And a third amendment was made in 1864, which provided for the right of suffrage to elec- tors in the military service.

Besides these amendents the State Legislature ratified the several amendments of the Constitu- tion of the United States by Congress, relating to the abolition of slavery and to the exercise of political suffrage without respect to race, color or previous condition of servitude.

CONSTITUTION OF 1873 .- The advancement of the people in wealth, of politicians in influ- ence, of corporations in power and of legislation in behalf of special classes and localities in a period of fourscore years had rendered a new, fundamental, general law necessary. The com- plaints had become both loud and numerous, and they had proceeded from all quarters of the State. The selfishness of men had grown be- yond their judgment and integrity. The good

HISTORY OF BERKS COUNTY, PENNSYLVANIA.

of the people had come to be of minor import- ance. Self-aggrandizement in wealth and power had been set up as the great idol of men who were at the head of the various important affairs and enterprises of the State. A general feeling had come to prevail throughout the State that political ambition and influence, corporate power and special legislation should have to be checked on the one hand, and considerably modified on the other, in order to have these important agencies to subserve the public welfare.

An act of Assembly was therefore proposed and passed in 1871. It provided for the call- ing of a general convention to amend the Con- stitution of the State. It was submitted to the people at the October election of 1871 and ratified. The vote was : For it, 331,169; against it, 71,369,-majority, 259,800. Berks County vote : For it, 5269 ; against it, 10,905,-majori- ty against it, 5636.

The following delegates were elected to repre- sent Berks County : George G. Barclay, Henry W. Smith and Henry Van Reed.

The convention first assembled at Harrisburg in November, 1872. After sitting there two weeks it adjourned to reconvene at Philadel- phia on January 7, 1873. After reconvening it deliberated many weeks. It had a great work on hand, and many minds had to be satisfied in respect to many proposed improvements. Great discussions ensued. The proceedings are pre- served in nine large volumes. With all the ability, time and expense of the convention, the work was generally not satisfactory. But it was the best that so large and various a body could do. The Constitution as modified was submitted to the people on December 16, 1873, and rati- fied. The vote was : For it, 252,744 ; against it, 108,594,-majority, 144,150. Berks County vote : For it, 9114 ; against it, 1866,-majority, 7248.

At best such a great body of laws cannot be perfect. The ingenuity of men to subserve their own ends and interests would seem to be equal to the task of discovering the weakness of the laws. In the language of Penn,-" If men be bad, let the government be never so good, they will endeavor to warp and spoil it to their turn." What the State needs more than a good

Constitution is good men; for if they find it weak, they will strengthen it for the common good of all.

PURCHASE OF TERRITORY.

Immediately after Penn had obtained his charter for the province, and had begun his ad- ministration of its various affairs, he negotiated with the Indians for the purchase of their lands. He regarded them as the rightful owners of the territory by virtue of their possession. King. Charles disagreed with him, and claimed the territory by right of discovery. Penn won- dered then whether the King would admit title to England in the Indians if they should chance to discover it in the King's possession.

Many purchases were made by him. He gave in consideration for the land mostly arti- cles which the Indians regarded as useful, such as blankets, coats, guns, powder, lead, etc. Com- paratively little money was paid to them. Rum was occasionally given. The accompanying map shows the extent and time of the various purchases.

There are two deeds for lands, included in Berks County, in which we are particularly in- terested.1 One is dated 7th of September, 1732. It is from Sassoonan, alias Allummapis, sachem of the Schuylkill Indians, in the province of Pennsylvania, Elalapis, Ohopamen, Pesqueeto- men, Mayeemoe, Partridge and Tepakoaset, alias Joe, on behalf of themselves and all the other Indians of the said nation, unto John Penn, Thomas Penn and Richard Penn. The territory contained in the grant is described as follows: " All those tracts of land or lands lying on or near the river Schuylkill, in the said province, or any of the branches, streams, fountains or springs thereof, eastward or westward, and all the lands lying in or near any swamps, marshes, fens or meadows, the waters or streams of which flow into or toward the said river Schuylkill situate, lying and being between those hills called Lechay Hills and those called Keekaclı- tanemin Hills, which cross the said river Schuyl-

1 The lower section of the county, lying southwardly of the South Mountain, or "Lechay Hill," was released by the Indians in 1718, it having been included in previous purchases of territory.

Dates of the PURCHASES.

---

.`Showing the various purchases~

1682.

ERIE

WARREN

NMCKEAN

POTTER

TIOGA

BRADFORD

CRAWFORD

FOREST

VRMANGO

ELK

CAMERON

SULLIVAN

WYOMING

LACKAISANNA

PIKE

MERCER

LUZERYE

MONROE

Od !. 228 1749.

LAWRENCE

CLEARFIELD

UNION

BUTLER,

BEAYER

SNYDER

July 6 !* 1754. Confirmed Oat 23:1758.

DING

ALLEGHANY

INDIANA

CAMBRIA

BLAIR

JUNIATA

HVER

BERKS

Nov !: 5# 1768.

ALLEGHENY

LEBANON

WESTMORELAND

WASHINGTON

RIVER

LANCASTER

Oct !: 23 1784.

CHESTER

VARE

FAYETTE

DELA

YORK

ADAMS

RIVER

March 3rd1792.

GARE'NE

CLARION

JEFFERSON

COLUMBIA

CARBON

NORTILLMPTON

ARMSTRONG

BERLAND

SCHUYLKILL

LEHIGIT

PERRY

MONTGOMERY

BUCKS

SOMERSET

BEDFORD

FULTON

FRANKLLY

PHILADELPHIA

MONOYGHALIELA

WAYNE

Octtril !! & 25: 1736.

CLINTON

LYCOMING

XHVMVTHAT

CENTRE

MIFFLIN

HUNTINGDON

Sepbr /7: 1718 releasing previous purchases. Confirmed Ody. 251736.

GENERAL HISTORY OF PENNSYLVANIA.

kill about thirty miles above the said Lechay Hills, and all land whatsoever lying within the said bounds ; and between the branches of Del- aware river, on the eastern side of the said land, and the branches or strcams running into the river Susquehannah, on the western side of the said land, together with all mines, minerals, quarries, waters, rivers, creeks, woods, timber and trees, with all and every the appurtenances, etc."

The consideration mentioned in the deed consisted of the following articles :

" 20 brass kettles, 100 stroudwater matchcoats of two yards each, 100 duffels do., 100 blankets, 100 yards of half tick, 60 linen shirts, 20 hats, 6 made coats, 12 pairs of shoes and buckles, 30 pair of stockings, 300 lbs. of gun powder, 600 lbs. of lead, 20 fine guns, 12 gun locks, 50 tomahawks or hatchets, 50 planting hoes, 120 knives, 60 pair of scissors, 100 tobacco tongs, 24 looking-glasses, 40 tobacco boxes, 1000 flints, 5 pounds of paint, 24 dozen of gartering, 6 dozen of rib- bons, 12 dozen of rings, 200 awl blades, 100 pounds of tobacco, 400 tobacco pipes, 20 gallons of rum and fifty pounds in money." 1

Lingahonoa, one of the Schuylkill Indians, executed the deed on the 12th of July, 1742, upon receiving his full share and proportion of the several goods mentioned, he " happening not to be present when his brethren signed and exe- cuted the same." His execution was attested by Benjamin Franklin, William Peters, Conrad Weiser and Lynford Lardner.2

The other deed is dated 22d August, 1749. It is from nine different tribes of Indians unto Thomas Penn and Richard Penn. The several tribes were represented by their chiefs, who ap- peared and executed the deed in their behalf, namely :

Oneyders (Oneidas).

Shomokins. Tachneedorus. Sagoguchiathon.

Cachnaora Katack-ke.

Shawanes.

Cayuikers (Cayugas).

Backsinosa.

Mohocks.

Tawis Tawis. Kacnoaraaseha.

Peter Ontachsax. Christian Diaryhogon.

Ta Kachquontas.

Tuscurrorows.

Delawares.

Tyierox.

Nutimus. Qualpaghach.

11 Penna. Arch., 344-345.

2 Ib. 346.

Onontagers.

Sinichers (Senecas).

Canasatega.

Sataganackly. Kanalshyiacayon. Canechwadeeron.

Agash Tass.

Caruchianachqui.

The consideration was five hundred pounds lawful money of Pennsylvania. The tract of land conveyed lay north of the Blue Mountain and extended from the Delaware on the east to the Susquehanna on the west. It included the whole of Schuylkill County.3

Conrad Weiser was the interpreter for the Indians in this transfer. .

COUNTIES ERECTED.

The following statement contains the coun- ties erected in the State and arranged in chrono- logical order :

1682 .- By order of William Penn, three counties were laid out in the southeastern section of Pennsyl- vania, in November, 1682,-Bucks, Chester and Phil- adelphia. Subsequently the counties were erected by the Assembly and the Legislature, upon petition from the inhabitants.

1729 .- Lancaster was formed from a part of Ches- ter, and erected May 10, 1729.

1749 .- York, part of Lancaster, August 10, 1749.

1750 .- Cumberland, part of Lancaster, January 27, 1750.

1752 .- Berks, parts of Chester, Philadelphia and Lancaster, March 11, 1752. Northampton, part of Bucks, same day.

1771 .- Bedford, part of Cumberland, March 9, 1771.

1772 .- Northumberland, parts of Lancaster, Cum- berland, Bedford, Berks and Northampton, March 21, 1772.

1773 .- Westmoreland, part of Bedford, February 26, 1773.

These eleven counties participated in the Declaration of Independence and in the War of the Revolution for its establishment. They comprised the entire territory of the State, though many districts were not yet settled.

The following fifty-six counties were erected after 1776. They are arranged chronologically to show the development of the State. The re- spective districts of the State were necessarily created into county organizations as they be- came well occupied by settlers. Certain counties at first included very great areas of territory, as

$2 Penna. Arch., 33-36.

Anuchnaxqua. Saristagnoah. Watshatuhon.

Ralichwananach-shy.

Cayianockea. Hanatsany.

HISTORY OF BERKS COUNTY, PENNSYLVANIA.

in the case of Northumberland, which, in 1772, included about a third part of the State ; but the remaining portions, which were left after the reductions had been made, generally indicated the locality of the first considerable permanent settlements. This is somewhat remarkable. Berks County at first included all the territory which lay between the present eastern and western boundary lines extended to the northern line of the State. The first settlements beyond the Blue Mountain were quite naturally made in that part now included in Schuylkill County, but Northumberland County was erected many years before Schuylkill County, not because it possessed more settlers, but be- cause they were so far distant from the county- seat (Reading), whereby they suffered great in- convenience and expense in attending to local affairs, requiring attendance at court, etc. The number of settlers was comparatively few, but the number of inhabitants in that district of Schuylkill, which was taken from Berks in 1811, was over six thousand. It was not set apart into a separate county at an earlier time for the reason that the several townships were not considered inconvenient in respect to dis- tance from the county-seat.

1781 .- Washington was formed out of part of West- moreland, March 28, 1781.

1783 .- Fayette, also part of Westmoreland, Sep- tember 26, 1783.

1784 .- Franklin, part of Cumberland, September 9, 1784. Montgomery, part of Philadelphia, Septem- ber 10, 1784.

1785 .- Dauphin, part of Lancaster, March 4, 1785. 1786 .- Luzerne, part of Northumberland, Septem- ber 25, 1786.

1787 .- Huntingdon, part of Bedford, September 20, 1787.

1788 .- Allegheny, parts of Westmoreland and Washington, September 24, 1788.

1789 .- Mifflin, parts of Cumberland and Northum- berland, September 19, 1789. Delaware, part of Ches- ter, September 26, 1789.

1795 .- Lycoming, part of Northumberland, April 13, 1795. Somerset, part of Bedford, April 17, 1795.

1796 .- Greene, part of Washington, February 9, 1796.

1798 .- Wayne, part of Northampton, March 21, 1798.

1800 .- Adams, part of York, January 22, 1800. Centre, parts of Northumberland, Huntingdon, Mif- flin and Lycoming, February 13, 1800. Armstrong,

parts of Westmoreland, Allegheny and Lycoming, March 12, 1800. Beaver, parts of Washington and Allegheny, same day. Butler, part of Allegheny, same day. Crawford, part of Allegheny, same day. Erie, part of Allegheny, same day. Mercer, part of Allegheny, same day. Venango, parts of Allegheny and Lycoming, same day. Warren, parts of Alle- gheny and Lycoming, same day.

1803 .- Indiana, parts of Westmoreland and Lyco- ming, March 30, 1803.

1804 .- Cambria, parts of Bedford, Huntingdon and Somerset, March 26, 1804. Clearfield, parts of Nor- thumberland, Huntingdon and Lycoming, same day. Jefferson, part of Lycoming, same day. Mckean, part of Lycoming, same day. Potter, part of Lyco- ming, same day. Tioga, part of Lycoming, same day.

1810 .- Bradford, parts of Luzerne and Lycoming, February 21, 1810. Susquehanna, part of Luzerne, same day.

1811 .- Schuylkill, parts of Berks and Northamp- ton, March 1, 1811.

1812 .- Lehigh, part of Northampton, March 6, 1812.

1813 .- Lebanon, parts of Lancaster and Dauphin, February 16, 1813. Columbia, part of Northumber- land, March 22, 1813. Union, part of Northumber- land, same day.

1814 .- Pike, part of Wayne, March 26, 1814.

1820 .- Perry, part of Cumberland, March 22, 1820.

1831 .-- Juniata, part of Mifflin, March 2, 1831.

1836 .-- Monroe, parts of Northampton and Pike, April 1, 1836.

1839 .- Clarion, parts of Armstrong and Venango, March 11, 1839. Clinton, parts of Lycoming and Centre, June 21, 1839.

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History of Berks county in Pennsylvania, Part 4

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