USA > Pennsylvania > Chester County > History of Chester County, Pennsylvania, with genealogical and biographical sketches > Part 107
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John Morton and Charles Humphreys, who, as already observed, had been members of the First Congress, were members of this Second Congress, and were also members of the Congress of 1776. When the vote was taken on the Declaration of Independence, on July 4, 1776, John Morton voted for the Declaration and Charles Humphreys against it.
From 1777 to 1779 Chester County was represented in Congress by William Clingan, of West Caln township. He was a member at the time of the adoption of the Articles of Confederation, under which the country was governed from 1778 to 1789.
Dr. Joseph Gardner, of Chester County, was a member of the Con- tinental Congress in 1784 and 1785. He resided near Sadsburyville, and practiced his profession. He was an active man among the Rev- olutionary patriots of the county, was three years a member of the Assembly, and was chosen councilor in 1779. His descendants rank among the most respectable and worthy citizens of our ancient county.
Prior to and under the Articles of Confederation the members of Congress were chosen annually by the Legislatures of the several States.
Under the Constitution of the United States, adopted in 1788, mem- bers of the House of Representatives are chosen every second year by the people, in such manner as the Legislatures of the several States shall from time to time determine, the number of members to which each State is entitled heing fixed every ten years by act of Congress.
The election for delegates to the First Congress was by general ticket, the following being tho candidates and number of votes received by each in Chester County :
Henry Wynkoop. 904
Thomas Hartley.
903
Daniel Heister 60%.
205
Thomas Fitzsimmons.
900
Charles Pettit,
204
John Allison ..
896 William Montgomery ..
195
Thomas Scott.
895 Robert Whitebill
199
George Clymer.
890 William Irwin. ..
198
Stephen Chambers.
890 Bluir McClenegal
198
Peter Muhlenberg ....
211
Frederick A. Mublenberg. 901
William Finley
By act of March 16, 1791, the State was divided into eight districts for the election of representatives in Congress; of which Chester and Montgomery Counties formed the Third District, the judges to meet at the house of Casper Fahnestock, in East Whiteland. Under this act an election was held in October, and Israel Jacobs, of Montgomery County, chosen, his opponent being John Hannum.
An act was passed April 7, 1792, providing for clection again by general ticket, but on April 22, 1794, another act divided the State into twelve districts, of which Chester and Delaware Counties forined the Third. This division continued until 1802. In that year, und
383
CIVIL AND JUDICIAL LISTS.
every tenth year theroafter, tho Stato has been districtod according to the number of meinbors to which it was entitled under tho deeonnial enumerations of the inhabitants of the United States.
These distriets, so far as they included Chester County, havo been as follows :
1788 .- Election Ly general ticket.
1791 .- Chester and Montgomery, Second District, one member.
1792 .- Eloction by general ticket.
1794 .- Chester and Delaware, Third District, one member.
1802 .- Chester, Berke, and Lancaster, Third District, three members. 1812 .- Chester and Montgomery, Second District, two members.
1822 .- Chester, Delaware, and Lancaster, Fourth District, three members.
1832 .- Chester, Delaware, and Lancaster, Fourth District, three members. 1842 .- Chester, Seventh District, one member.
1852 .- Chester und Delaware, Sixth District, one member.
1862 .- Chester and Delaware, Seventh District, oue wotuber.
1872 .- The same.
In 1792 the following were the candidates on the general tieket and the votes received by them in this county :
Frederick A. Muhlenberg. 2034 James Armstrong. 1654
William Irvine. 2011 William Bingham. 1285
Daniel Heister 600Z Poter Muhlenberg. 950
William Findley 2003
Israel Jacolis. 729
Jolın Wilkce Kittorn 1999
Jonathan D. Sergeant. 097
Thomas Hartley
1973 Charlee Thomson 519
Thomas Fitzsimmons.
1843 Andrew Gregg. 321
Henry Wynkoop.
1801
William Montgomery 262
261 Thomas Scott.
Samuel Sitgreaves 1721 Julin Barclay. 104
The first member of Congress from Chester County under the eon- stitution of 1788 was Richard Thomas, of West Whiteland township. He was elected to the Fourth Congress in October, 1794, and served until the end of the Sixth Congress, on March 4, 1801.
The following is a list of the members from Chester County, with the years in which they were elected, the number of the Congress, and their term of service :
1794 .- IV., Richard Thomas, Weet Whiteland.
1796 .- V. = =
=
1798 .- VI.
44
1800 .- V11., Joseph Hemphill, West Chester.
1802 .- VIII., Isaac Anderson, Charicetown (now Schuylkill).
1804 .- IX. =
66
1806 .- X., John Heister, Coventry.
1808 .- XI., Dauiel Heieter, West Chester.
1810 .- XII., Dr. Roger Davis, Charlestowu.
1812 .- XIII. “ "
1814 .- XIV., Dr. Wm. Darlington, West Chester.
1816 .- XV., Isaac Darlington, West Chester.
1818 .- XVI., Dr. Win. Darlington, West Chester.
1820 .- XVII.
1822 .- XVIII., Col. Isaac Wayne, Easttown.
1824 .- XIX., Charles Miner, Weet Chester. 1826 .- XX. =
1828 .- XXI., Joshua Evane, Tredyffrin.
1830 .- XXII. "
"
1830 .- XXII., David Potte, Jr., East Nantmeal (now Warwick).
1832 .- XXIII.
4
1834 .- XXIV.
=
1836 .- XXV. "
46
1838 .- XXVI., Francis Jamies, West Chester.
1840 .- XXVII.
=
1843 .- XXVIII., Abraham R. McIIvaine, West Naotmeal (oow Wallace).
1844 .- XXIX. 1846 .- XXX.
=
=
44 = =
=
1848 .- XXXI., Jesse C. Dickey, New London.
1850 .- XXXII., Dr. John A. Morrison, West Fallowfield.
1852 .- XXXIII., William Everhart, West Chester.
1854 .- XXXIV., John Hickman, West Chester. 1856 .- XXXV. = =
1858 .- XXXVI.
1800 .- XXXVII. ¥
1862 .- XXXVIII., John M. Broomall, Delaware County. 1864 .- XXXIX. = =
1866 .- XL.
1868 .- XLI., Washington Towneend, West Chester.
1870 .- XLII.
=
1872 .- XLIII.
=
1874 .- XLIV.
=
1876 .- XLV., William Ward, Chester.
1878 .- XLVI. =
=
1880 .- XLVII. ¥
It will be observed that Chester County had two members in the Twenty-second Congress, elected in 1830,-Joshun Evans and David Potts, Jr. This was occasionod by the defeat of the candidates nomi-
nated in Delaware County, in the triple district, whereby a candidate of each political party was elected from Chester County.
It will also be noted that the first election of Abraham R. Mell- vnine was in 1843 instend of 1842, the regular year for the election. This was owing to the fact that the Legislature failed to pass an ap- portionment bill in 1842, and no election was held until the next year.
MEMBERS OF THE SENATE.
The Constitution of 1790 provided that the Legislative power of the Commonwealth should be vestod in a Genoral Assembly, consisting of a Sonate and House of Representatives, the number of senators not to be less than one-fourth nor more than one-third of tho number of representatives.
The Senate on its organization was composed of 18 members. In 1801 the number was increased to 25, in 1808 to 31, and in 1822 to 33, of which latter number it consisted until 1874, when it was again increased to 50.
In the first division of tho State into districts for the election of senators, Chester County was constituted n district, and was allotted one member. In the apportionment inade in 1808, Chester and Del- nware Counties were united in one district and allotted two members. These counties continued to form one distriet with two members until 1836, when Montgomery County was added, and the three counties allowed three members. In 1843 Chester and Delaware were again constituted one distriet, but with only one member. In 1864 Mont- gomery County was again added, and the three counties allowed two members. In 1871 Chester and Delaware were agnin constituted a district, with one member.
It will thus be seen that this senatorial district was composed of Chester County alone from 1790 to 1808; of Chester and Delaware from 1808 to 1836; of Chester, Delaware, and Montgomery from 1836 to 1843 ; of Chester and Delaware from 1843 to 1864; of Chester, Del- aware, and Montgomery from 1864 to 1871 ; and again of Chester and Delaware from 1871 to 1874, since which Chester County alone forms a district.
The term of service under the constitution of 1790 was four years, under the constitution adopted in 1838 three years, and by that of 1873 four years.
The following is a list of those who have represented this district in the Senate, with the years in which they were elected and the num- ber of years they served :
FROM CHESTER COUNTY.
1790. Richard Thomas, four yeare. 1794. Dennie Whelen, three years. 1797. Joseph Mcclellan, one yenr.
1798. Deunis Whelen, four years.
1802. John Heister, four years.
1806. Isaac Wayne, four years.
1810. Isaac Wayne (re-elected), one year.
1811. John Gemmill (in place of Isaac Way ne, resigned), three years. 1814. Abraham Baily, four years. 1818. Samuel Cochian, four years
1820. Isaac D. Barnard, four years.
1822. Jamce Kelton, four years.
1826. Joshna llunt, four years.
1830. William Jackeon, four years.
1834. Francis James, four years.
1838. Nathaniel Brooke, four yeare. 1842. Joseph Baily, three years. 1845. William Williamson, three
years. 1851. Henry S. Evans, three yeare. 1857. Thomas S. Bell, three yeare. 1863. Dr. Wilmer Worthington, three years.
1866. Dr. Wilmer Worthington (re- elected), three years. 1870. Henry S. Evane, until his death, February, 1872.
1872. William B. Waddell (at special election), for balance of term. 1874. Robert L. Mcclellan, two years. 1876. James B. Everhart, four yeare. 1880. James B. Everhart, re-elected.
FROM DELAWARE COUNTY WHILE FORMING A DISTRICT WITH CHESTER, OR WITH CHESTER AND MONTGOMERY.
1808. Jonas Preeton, four years. 1812. John Newbold, four years.
1816. Maskel Ewing, four years.
1824. John Kerlin, four years.
1828. Johu Kerlin (re-elected), four years.
1832. Dr. Georgo Smith, four years.
1836. Henry Myers, four years. 1839. Dr. John T. Huddleson, three years.
1848. H. Jones Brooke, three years. 1854. James J. Lewis, three years. 1860. Jacob S. Sorrill, three years. 1869. H. Jonee Brooke, three years.
FROM MONTGOMERY COUNTY, WHILE FORMING A DISTRICT WITHI CHESTER AND DELAWARE.
1839. John B. Sterigere, one year. 1840. Abraham Brower, three years. 1864. Horace Royer, three years.
1867. Charles H. Stinson, three years. 1873. Thomas V. Cooper, three years. --
While Chester and Delaware formed a distriet, from 1808 to 1836, with two members, each county furnished a member, except that in 1820, when it was the turn of Delaware County to have the candidate,
=
=
1787
Jolmu Smilie
384
HISTORY OF CHESTER COUNTY, PENNSYLVANIA.
Isaac D. Barnard, of Chester County, was elected, and thus this county had two members for four years.
When Chester, Delaware, and Montgomery were united in a district, in 1836, Dr. James Paul represented Montgomery County, having been elected in 1835. At the expiration of his term, in 1839, John B. Sterigere was elected by the new district. The constitution of 1838, which fixed the term of the senators thereafter elected at three years, provided that the senators elected in 1839 should be divided by the Senate, at the first session after the election, into three classes, their terms of service to expire respectively at the end of one, two, and three years. Under the allotment made in pursuance of this pro- vision, Mr. Sterigere served but one year, and at the election in 1840 Abraham Brower was chosen his successor.
From 1843 to 1864, while Chester and Delaware Counties eonsti- tuted a distriet with one member, the two counties alternately fur- nished the member.
Of the senators in the foregoing list from Chester County, Isaac D. Barnard, Francis James, William Williamson, Thomas S. Bell, William B. Waddell, and James B. Everhart were members of the bar. Wil- liamo Williamson and Dr. Wilmer Worthington were Speakers of the Senate.
The present constitution provided that one-half the members elected in 1874 should serve two years and the other half for four, and it fell to the lot of this county to begin with the short term.
In 1790 the vote for Richard Thomas was 644, and for bis oppo- nent, Thomas Ross, 497.
PRESIDENTIAL ELECTORS.
As all are aware, the people do not vote directly for President and Vice-President of the United States, hut for electors, each State being authorized by the Constitution of the United States to appoint in such manner as the Legislature thereof may direct a number of elec- tors equal to the number of senators and representatives the State may be entitled to in Congress.
The electors meet in their respective States, and vote directly for President and Vice-President, and the persons having the highest number of electoral votes-if such number be a majority of the whole -are declared elected. In the event of a failure to elect hy this mode, the election of the President devolves upon the House of Representa- tives, and the Vice-President upon the Senate, who conduet the elec- tion in the manner directed by the Constitution.
The electors may be either selected by the Legislatures or elected by the people. In Pennsylvania the electors who voted for Gen. Washington on his first election were appointed by the Legislature; since then, by act of Assembly, they have always heen elected by the people.
The following is a complete list of those who have filled the office of Presidential electors from Chester County, with two from Delaware County, representing the congressional distriet :
I792, Washington's second election, Thomas Bull.
1796, Adams' election, James Boyd.
1804, Jefferson's second election, James Boyd.
1808, Madison's first election, George Hartman.
1812, Madison's second election, James Fulton.
1816, Monroe's first election, Isaac Anderson, 1820, Monroe's second election, William Cliugan.
1824, J. Q. Adams' election, Cromwell Pearce.
1828, Jackson's first election, John W. Cnuingham.
1832, Jackson's second election, Oliver Alison.
1836, Van Buren's election, Oliver Alison.
1840, Harrison'e election, A. R. McIlvaine.
1844, Polk's election, Jesse Sharp.
1848, Taylor's election, John D. Steele.
1852, Pierce's election, N. Strickland.
1856, Buchanan'e election, John H. Brinton.
1860, Lincoln's first election, J. M. Broomall.
1864, Lincoln's second election, Robert Parke.
1868, Grant's first election, Francis C. Hooton.
1872, Grant's second election, John M. Broomall.
1876, Hayes' olection, Joseph W. Barnard. 1880, Garfield's election, David F. Houston.
No electors are given for 1789 and 1800, owing to the fact that in those years none of the electors resided in Chester County.
The above-named electors did not always vote for the successful ean- didate. In 1796, when John Adams was elected, Jefferson received all the votes of the Electoral College of Pennsylvania except one, which was cast for Adams. In 1824 the wholo electoral vote of the
State was cast for Jackson, although John Quincy Adams was elected by the House of Representatives, on whom the election devolved, in consequence of neither candidate having received a majority of the whole number of electoral votes.
With these exceptions, Pennsylvania has always voted for the suc- cessful candidate, so that it has come to he a common saying in Presi- dential contests, " As goes Pennsylvania so goes the Union."
ATTORNEYS.
In the early days of the province attorneys do not seem to have been generally employed in the Common Pleas, the parties interested being allowed to make their representations in person or hy a friend. Of those who do appear on the records prior to 1750, few if any re- sided within the county. In the Upland court, June, 1677, it was ordered,
" That all declaratione must bee Entered att Lenet the day before the Cortt, as when the Clarke is to attend att Upplande.
"That no prson bee admitted to plead for any other preon as an attorney In Cort wthont he first have his admittance of the Cort or have a warrant of attor- ney for hie eo doeing from his Clyant."
Subsequently, however, there was entered on the record the follow- ing order of the Governor and Council, dated at " Forte James ye 19th of May, 1677":
"Resolved, and ordered that pleading attorneys hee no Longer allowed to prac- tize in ye government but for ye depending Causee."
In the petition of Francis Daniel Pastorius, read in Council March 1, 1708-9, relating to a suit of ejectment brought against the Frank- ford Company in the court of Philadelphia County, he complains that his antagonist had "fee'd or retain'd the four known lawyers of this Province," and that himself was poor and unable to fetch lawyers from New York or remoter places. In another representation Pasto- rius says that when the case came up in court all the lawyers bad heen feed except Thomas Clark, "who, rising as if he would speak some- thing to the matter, was taken by the sleeve and whispered in the ear [by David Lloyd], 'Be quiet; you shall have forty shillings;'" or, as John Jawert states it, "Thom, hold thy tongue ; thou shalt have forty shillings."
In former times attorneys presented their petitions for admission, some of which are on file, and the following is a specimen :
"To the Worshipfull, the Justices of the County Court of Comon Pleas at Chester.
"The humble Petition of John Ross, Gent, cheweth-
"That Your Petit' has serv'd as an apprentice to an attorney at Law in this province of Pennsylvania for the space of Five Years last past.
" Therefore Your Petit" prays to he admitted as an attorney of this Court. " And he shall ever pray, &e.
" CHIESTEa, Angt 27th, 1735."
" JOHN ROSS.
Many persons not "learned in the law" appeared in bebalf of and as attorneys for others, but the following lawyers are known to have practiced, or to have been admitted, as early as the dates given :
1683 .- John White, Abraham Man.
1698 .- John Moore, David Loyd.
1726 .- Ralph Assheton, John Kineey, Peter Evans, Francis Sherrard, Joseph Growdon, Jr.
1730 .- Alexander Keith (admitted February 23d).
1734 .- William Rawle.
1735 .- Julin Rosy (admitted Angust 27th), James Hamilton, John Robinson, Thomas Hopkinson.
1736 .- Alexander Piercey (admitted December 1st), James Keating, Andrew Hamilton.
1738 .- William Aesheton (admitted November 28th).
1739 .- William Peters.
1740 .- John Webb.
1741 .- Tench Francis, Edmund Acworth (admitted February 23d), Neil Harris. 1742 .- Robert Hartshorne, Richard Peters, John Mather, James Read (admitted September 1st).
1743 .- Jolin Moland, Townsend White.
1744 .- David Edwarde.
1745 .- Benjamin Price.
1747 .- John Lawrence.
1748 .- Edward Shippen, Jr.
1749 .- Joseph Galloway, John Evans.
There may have been others, whose names a patient search among the records would reveal. Many of the above were noted attorneys, and rose to prominent positions in the province.
385
CIVIL AND JUDICIAL LISTS.
"Suuday last Messrs. Francis Sherrard and Alexander Piercey, Attorneys at Law, both of this city, were drowned in attempting to ford Brandywine Creek."*
The following list embraces all the members of the bar of Chester County admitted between the years 1750 and 1800. Many of them resided in Philadelphia and other counties, and occasionally practiced here. In the last century a good deal of the law business of this county was transacted by lawyers residing in Philadelphia. After the declaration of independence, in 1776, those who had been already admitted to the har and desired to continue in practice were required to take the test oath. None could practice hut those who supported the new order of things growing out of the Revolution, hence several of the names in this list are repeated.
ADMITTED BEFORE JULY 4, 1776.
Fabruary, 1752, David Finney. May, 1753, Thomas Otway. August, 1753, Jcha Price. William Morris, Jr. November, 1754, Benjamin Chew. February, 1755, Samuel Johnson.
August, 1766, James Vandyka. November, 1767, William Hicka. " James Wilson.
February, 1769, Jacob Rush.
August, ¥
Miers Fisher.
May, Thomas MeKean.
=
David Henderson.
November, “ William Whitebred. November, 1756, George Ross. = " Jolın Armond. August, 1760, John Morris. February, 1763, Nicholas Walo.
Novembar, " Stephen Watts. May, 1770, Abal Evana. August, 1770, Thomas Good. = James Lukens. August, 1771, Joseph Read.
George Noarth.
August, James Tilghman.
Jacob Banksco.
February, 1764, Hugh Hughes.
May,
16 Jobe Corrie.
= Asheton Humphreys.
November, "
February, 1765, Andrew Allen.
Peter Zachary Lloyd. February, 1773, Christian Hook.
May,
" Alexander Portar.
May, William L. Blair.
=
= Alexander Wilcocka.
August,
Joshua Yentea.
Auguat,
Jolin Stedman.
John McPherson.
November, " William Lewia. May, 1774, Edward Tilghman. November, 1774, Gunning Bedford.
=
= James Allen.
=
= Henry Elwes.
February, 1775, Andrew Robeson. May, John Vannoat.
=
= James Loyre.
February, :776, William Prince Gibbs.
=
# David Thompson.
May, 1776, Collinson Resd.
ADMITTED AFTER JULY 4, 1776.
August, 1777, John Morris.
May, 1785, Thomas Ross.
= James Hanna.
=
" William Lewis.
August, 1785, Joseph B. Mckean. November, 1785, John Todd.
= William L. Blair.
May, 1786, Robert Hodson.
Charles Smith.
August, 1778, George Ross.
Jonathan D. Sergeant.
= John Young.
August, 1786, Benjamin Chaw, Jr.
B. R. Morgan, Jr.
=
Gunoiog Bedford.
Thomas Memminger.
February, 1779, Edward Burd.
= Francis Jolinston.
= John Joseph Henry.
May,
Henry Osborne.
= William R. Atlea.
Auguat,
= W. Montgomery.
August, 4 Jacob Bankson.
= Sampson Levy.
November,"
Jared Ingersoll.
= James Hopkine.
=
= Samuel Roberts.
Samuel Bayard. November,
Matthias Baldwin.
August,
William Moore Smith.
Peter S. Duponceau.
November, " Nathaniel Potts. February, 1782, Joseph Reed.
August, 4
Peter Hoofnagle.
May,
= Joho F. Mifflin.
= Joseph Hubley.
November, " Willliam Grabam. February, 1789, John Hallowell.
May,
= Joseph Thomas,
37
Charlaa Healty.
Anthony Morris.
John Craig Wella.
Augnat, 4€ John Cadwallader.
* Penn. Gazette, from Jan. 27 to Feb. 3, 1736-37; No. 426. 49
August, 1789, John Moore.
November, 1793, John Shippen.
February, 1790, Thomas B. Dick. = Abraham Chapman.
May, John Thompson.
August,
= Marks John Biddle.
David Moore.
William Martin. February, 1795, J. Harvey Huret.
May, James Hunter, Jr.
=
= James Miloer.
August, James Lattimer, Jr.
August, = Robert Frazer.
John Cloyd.
November, “ John Price.
= Joseph Reid.
August, 1793, Thomas W. Tallman.
= Jnho H. Brinton.
= Evan Rice Evans.
Joseph Hemphill.
Michaal Kapple.
=
= William Hemphill.
This list embraces the names of many who roso to distinction. Benjamin Chew became attorney-general of the province in 1755; was president judge of the Court of Common Pleas of Philadelphia ; afterwards chief justice of the Provincial Supreme Court from 1774 to 1776, and from 1790 to 1806 president of the High Court of Errors and Appeals. This last court was abolished in the latter year on the reorganization of the judiciary department.
Thomas Mckean, a native of Chester County, was one of the signers of the Declaration of Independence; became chief justice of the Supreme Court, and afterwards Governor of the State. James Wilson-great as a lawyer, hot greater as an orator-was a justice of the Supreme Court of the United States. He was the father of Hon. Bird Wilson, at one time president judge of the courts of Chester County. Jacob Rush (a brother of Dr. Benjamin Rush) was president judge of the Court of Common Pleas of Philadelphia, and also of the Supreme Court, and of the Court of Errors and Appeals. John Law- rence and John Coxe were judges of the Court of Common Pleas of Philadelphia. Moses Levy was president of the District Court of Philadelphia.
Jonathan Dickinson Sergeant (father of John Sergeant) was a member of the Provincial Congress, and from 1777 to 1780 attorney- general of the State. William Bradford succeeded Jonathan D. Ser- geant as attorney-general in 1780, and was one of the judges of the Supreme Court of the State from 1791 to 1794. In the latter year ho hecame attorney-general of the United States hy appointment from President Washington. Bradford County was named for him, in recognition of his services to the State in the settlement of the con- troversy with Connecticut with reference to the Wyoming lands.
Jared Ingersoll was twice attorney-general of Pennsylvania, and at the time of his death was president judge of the District Court of Philadelphia. Joseph B. Mckean, a son of Governor Mckean, sac- ceeded Jared Ingersoll as attorney-general. He was also president judge of the District Court of Philadelphia.
Jasper Yeates hecame one of the judges of the Supreme Court of the State, and Seth Chapman of the judicial district composed of Northumberland and other counties.
There are many other names in the foregoing list of lawyers who never filled office but were eminent in professional life. Such names as William Lewis, Robert Frazer, Peter S. Duponceau, Charles Chaun- cey, William Hemphill, Thomas Ross, and William Rawle are familiar to the profession; others, less known to fame, the dockets of our courts show to have been actively engaged in their profession.
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