History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 11

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928
Publication date: 1881
Publisher: Philadelphia, L. H. Everts
Number of Pages: 1162

USA > Pennsylvania > Chester County > History of Chester County, Pennsylvania, with genealogical and biographical sketches > Part 11

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" And the case of those Inhabitants, with this Report, being taken into consideration by the Board, It is their unamimous Opinion that untill this matter can be more fully and effectually settled, the Com- missioners and Assessors of Chester County should forbear to claim those Inhabitants, who being settled on or near the Western Side of Schuylkill have hitherto been reputed part of Amity Township, and as such have been and are taxed in the County of Philadelphia, und that the said Inhabitants be permitted. to pay their Taxes and do all

other Duties to the County of Philadelphia as formerly, without any further molestation from the County of Chester, or any officers by authority of the Court of Commissioners of the said County.

" And the Clerk is ordered to transmit a Copy of this ininute to the Commissioners of the snid County, for their Direction in the premises."

March 28, 1722. An address to the Governor from David Lloyd and Nathaniel Newlin in behalf of themselves and the other commissioners appointed by act of Assembly for the county of Chester was read, setting forth the inconve- niences of a compliance with the foregoing order, and pray - ing relief from the " unrighteous Attempts" of the persons mentioned to sever themselves from the county of Chester. David Lloyd being present, was reminded that the injune- tion was intended to continue only until the limits of the two counties should be adjusted, and referred only to those who had heretofore paid to and were now taxed in Phila- delphia County, which were not above six in number; for it was unreasonable they should pay to both counties. He replied, " That there were persons yet living who remem - bered the running of the Division Lines, which was done, He believes, about the year 1688, under the administration of Governour Blackwell, but that they knew not where to apply for any Record or written proofs of it, except to the Secretary, in whose Custody all things of this kind should be kept." After some discussion relating to the former secretary, and the probable whereabouts of his papers, further search was directed to be made for evidence respect- ing the division line.

What further action was taken in the matter does not appear in the minutes of Council, but the suggestion of Sec- retary Logan seems to have been carried out in practice.

May 28, 1722. " Elisha Gatchel, Esqr, one of his Majesties Justices of the Peace in Chester County, presented to the Board an Accot of £4: 2, disbursed by him in part of the Charge of two Expresses sent by the Guvernour of this Province to the GovT of Maryland last Win- ter & Spring, occasioned hy some injuries done to the Inhabitants of Nottingham Township, in Chester County, by some people from Cecil County in Maryland, under pretence of Levying Taxes there by virtue of Warrants from Maryland, &c., and there being also due William Reynals £4: 10, for going to Anapolis as one of the said Expresses, for which the Govr gave an Order on the Treasurer of Chester County, & is not yet paid."

It was the opinion of the board that the benefit of the service having accrued to Chester County from the increase of taxes from Nottingham Township, the debt should be paid by that county.

In June, 1722, Isaac Taylor, having gone to Nottingham to make some surveys, was arrested by Maryland authori- tics and taken to Cecil court. Elisha Gatchell going the next day to see him was also arrested as an assistant, though he had been many miles away when the surveys were made. They were bound over to the Provincial Court at Annapo- lis. It does not appear, however, that they were further prosecuted at that time.

On the 17th of February, 1723, an agreement was en- tered into between Lord Baltimore of the one part, and Hannab Penn, Joshua Gee, and Henry Gouldney of the other part, suspending any further hostile action on either side for the space of eighteen months, by which time it was hoped a settlement could be effected.

In 1724 an outbreak occurred with respect to the line of New Castle County. Thomas Hill having taken out admin-

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

istration on the estate of Rev. Daniel Magill, who had lived near the line, he was arrested by the New Castle au- thorities for declining to recognize their jurisdiction.

A number of petitions were presented to the Assembly from James Mole, John Henderson, John Creighton, and others, upon which the House examined the warrant for running the circular line and the draught thereof as run, and appointed a committee to prepare an address to the Governor on the subject. This was presented to the Gov- ernor May 2, 1724, followed by a further representation August 11th, to which the Governor made reply by a mes- sage the next day to this effect :

" After the enquiries which I have lately made, there is no Scruple remains with me about the Circular Line, which you ineiet upon for the Limits of Chester County ; wherefore, in all future orders from me, it shall be observed as your Boundary; and I will likewise give proper Directione, ns soon ns I go down to New Castle, to stop the Process complained of there, necording to your desire."

The public pound at Chester had been located west of the creek, but from the following minute, extracted from the proceedings of the court in 1722, it will appear that the most public situation in the borough was now secured for it :

" Upon application of some of the inhabitants of Chester for n pound in the said town of Chester, whereupon the court orders that there be a Pound erected in the Market place in the borough of Chester, forty foot square, well fenced with posts and railings, and n good rack in the middle of sª pound, and that Richd Marsden be Keeper of the pound, To net, do, and perform according as the act makes mention &c."

A pound was also ordered for Aston at the same court,- John Carter to be the keeper.

Early in 1724 a petition was presented to the Assembly from citizens of Chester County, asking that a bridge might be erected over Brandywine at John Chadd's ford, upon which the Assembly resolved that the petitioners "may erect a Bridge at the County Charge."

A new court-house was erected in 1724, which served the purpose as long as the seat of justice remained at Ches- ter, and is still standing and used as a town hall. An act was passed May 9, 1724, for the sale of the old court- house, which was done the following year. The records show that this was the one built about 1694, on a lot pur- chased from John Hoskins, by deed of 1697. The trus- tees sold it to William Preston, of Philadelphia, mariner, for twenty-seven pounds.

" At a Court of Private Sessions held at the House of John Han- num in Concord, 15th of December, 1724, Joseph Parker having petitioned this Court setting forth ye great danger ye Records of ye County lay io, as well by Cnsunlities of fire, as other accidente which might happen, and refers ye same to our consideration to provide a place for keeping je enid Records in wt may be of greater security, whereupon ye Court upon mature consideration of the same, allows ye peticon to be reasonable, & orders ye Clerk to present ye came before ye Commissioners & Assessors of ye enme County in order that they may fit n room in ye new Court house for keeping ye sd Records in, & when prepared order ye sd Clerk to transmit all of ye said Records to ye place so appropriated accordingly, and not to be removed without ye Court's direction."

What greater security was obtained by their removal to this building will appear hereafter.

A bill was passed this year prescribing the forms of declaration of fidelity, affirmation, etc., entirely adapted to the conscientious scruples of Quakers on the subject of tak- ing oaths. Laws of a similar character had been passed,

but they failed to meet with the royal sanction, and the people were consequently thrown back on the English act, which many could not sanction. Acts passed by the Coun- cil and Assembly usually had the force of laws until they were repealed by the home government, but this one was not to become a law until it had received the approbation of His Majesty. This approbation, it will be seen hereafter, was not secured without the employment of money.

The affirmation act, before referred to, at length received the royal confirmation. The following extracts from the records of Haverford Monthly Meeting at once show the great anxiety of Friends on the subject, and the appliances that were used in those days to secure the royal sanction to a most just and reasonable measure :

3rd mo. 13. "This meeting refers to the consideration of ffrds -- getting of money to pay for negotiating ye late affirmation act in Great Britain."

6th mo. 12. "Lewie David, Thomas Thomas, and Edward William Bre desired to take frd's contributions in Cash to defray the Charge of having the Royal assent to ye affirmation act & make report thereof to next meeting."

7th mo. 9. "The friende appointed to receive frds contributions towards having ye Royall asseat to ye Affirmation act is continued and advised to press friende to bring it in as soon as may be, in order to be paid to Richd Hill before ye yearly meeting."

10th mo. 9th. "Edwd Willinms produced a receipt signed by Richd Hill for eight pounds eighteen shillings, received of him and Thomas Thomns towards negotiating the affirmation act, for necount of this meeting."

Besides the above subscription, this Monthly Meeting subscribed this year £5 10s. 1d. towards building Horsham meeting-house, and £10 10s. 4d. towards the redemption of the wife and children of John Hanson, of New England, who had been carried off by the Indians, Chester Monthly Meeting also contributed £10 4s. for this latter purpose.

The minutes of Haverford Monthly Meeting go to show that Sewell's " History of the Quakers" was now in press, and that the Yearly Meeting had subscribed for 500 copies. Fourteen of these copies were taken by Merion and Radnor Meetings. The subscription had been commenced in 1723. In Council, Feb. 6th, 1728-9:

" A Petition of the Inhabitants of the upper parts of Chester County was laid before the Board & rend, setting forth, that by Reason of their Great Distance from the County Town, where Courte are held, Offices are Kept, & Annual Electione made, they ly under very. grent Inconveniences, being Obliged in the Recovery of their juet Debts, to travel near one hundred miles to obtain a Writt; that for. Want of a Sufficient Number of Justices, Constables & other Officers, in those parts, no Care is taken of the high ways; Townships are not laid out, nor Bridges built, where there is an apparent Necessity for them; & further that for Want of a Goal there, several Vagabonds & other diesolute People harbour among them, thinking themselves safe from Justice in eo remote a Place; And therefore praying that & Division Line be made between the upper and lower part of the said County, & the upper part thereof Erected into a County, with all the immunities, Rights & Privileges which any other County of this Prov- ince doce now Enjoy.

" The Board taking the same into Consideration, are of Opinion. that the Governour is fully impowered by virtue of his Commission, to grant the Prayer of the Petition, if the Same shall appear neces- cary ; but as it is a matter of some Moment & will require-a mature Deliberation, It was moved & agreed that the further Consideration. thereof should be deferr'd till to morrow at nine o'clock beforenoon, to which time the Council is adjourned."

Feb. 7th : "The Board according to Order, entered into the Con- eideration of the Petition in the Minute of Yesterday, touching the Division of Chester County, and after the same had been fully ooa- sidered & debated, the Board came to the following Resolution : That,

"NORWAY KNOLL." RESIDENCE OF JOSEPH DOWDAL

THE COODWIN HOMESTEAD.

"LLANDUEY." . RESIDENCE OF SAMUEL R. AND MARY G. DOWNING, --

GENERAL HISTORY.

as well for the Reasons set forth in the said Petition, as the Security, Peace & good Order of the whole Government, there deth appsar & real Necessity that a new County should be Erected, according to the Prayer of the said Petition ; And Altho' the Power of Erecting Coun- ties is wholly vested in the Proprietary, & therefore in the Governour, as his Lieutenant, yet, inasmuch as this will require the Establish- ment of Courts of Judicatura, with other Alterations, for which a due Provision will best be made by s Law, It may be convenient that the Governour should aoquaint the House of Representatives now sitting, with the Application made to him, that the same may be carried on with & strengthened by the joint & unanimous Concurrence of the whole Legislature."

Feb. 20th : "The Governour informed the Board that pursuant to the Resolve of last Council he had acquainted the House of Repre- sentatives with his Intention to Erect the upper part of the County of Chester into a separate County, in which they had concurred, & desired that an equal Number of the Inhabitants of the Lower & Upper Part might run the Division Lins; And therefore, he was oow to recommend to the Board to chuse fitt & well qualified Persons for that Service, & to consider of proper Directions for their Guidance therein : And after dus Consideration thereof

"'Tis ORDERED that Heory Hayes, Samuell Nutt, Samuel Hollings- worth, Philip Taylor, Elisha Gatchel, James James, John Wright, Tobias Hendricks, Samuel Blunston, Andrew Cornish, Thomas Ed- wards & John Musgrave, or the Major Part of them, calling to their Assistance John Taylor, the Surveyor of Chester County, meet at some convenient place near Octeraroe Creek or River, & cause a mark'd Line to be run from the most northerly or maio Branch of the said Creek Northward, or to the East or West thereof, as it shall be found most convenient, to the next high Ridge of barren or uoinhab- ited Hills that trend from thence to Schuylkill River, keeping as near as may be to the Ridge of the said Hills, and to proceed along the Ridge thereof, yet with as few Changes in the Course na their Situa- tion will admitt, and fixing the same to the most conspicuous natural & durable Marks, that may be the least subject to Uncertainty or Variation : to be Bounded Southward by the Southern Bounds of the Province, & Eastwardly by the said Octeraros Creek ; and from thencs the Northern Line to be by them run as aforesaid, to the snid Hills, from thence the main northero or easterly Branch thereof, above the Forks of the said River, to lis open to the Westward and North ward till further Order shall be given therein ; And to maks Report of their Proceedings to this Board."

May 2, 1729 : " A Return being made by the Order dated the 20th day of February last, for running a Division Line in the County of Chester, & settling the Boundaries of the County to be erected in the back parts of this Prov- ince towards Sasquehannah, pursuant to the Minute of Council of the 20th of said February, the same was read, approved, & confirmed, & is in these Words :

" Pursuant to a Warrant from the Honourable Patrick Gordon Esquire, Lieutenant Goveroour of the Province of Pensilvania & Counties of Newcastle, Kent & Sussex upon Delaware, hearing date the 22d day of February last past, We whose Names are hereunto subscribed, mett together on the 17th day of March, 1728-9, near the head of the Northern Branch of Octararoe Creek, and with the As- sistance of Joho Taylor, Surveyor of the County of Chester, run a Line from the said Branch to the River Schuylkill, according to the Courses following, viz : Beginning on a Coroer marked White Oak standing on the Eastern side of the said Branch on the Land of John Minshall, thence North East by North five hundred & Eighty Perches to a Chestnut Oak standing on the top of a barren Mountain at the head of the Branches of the said Octsraros Creek, thence along the said Mountain North East by East three hundred & forty Perches to a Chestnut Tree, thence North North East four hundred and forty Perches to a White Oak, by a Branch of Pequea Cresk, thencs. con- tinning the same Course along the said Mountain four hundred and Eighty perches to a Chestnut Oak, thence North by East seven huo- dred Parches to a white Oak near a small Branch of Brandywine Creek, thence North by West six hundred & sixteen Parches to a Chestnut tree standing on the Top of a Mountain at the head of the Westero Branch of the said Brandywine Creek, thence East North East along the said Mountain two thousand two hundred and twenty

Parches to a Chestnut tree near the Western Branch of the French Creek, thencs North East by East thras hundred & fifty Perches to a red Oak, thencs North East ano hundred & ninety Parches tn a Chest- nut Oak naar another Branch of the said French Creek, thence North East by North two thousand one hundred Perches to a Corner marked White Oak standing by the said River Schuylkill about three Quar- ters of a Mile below the House of John Burroughs.

" HENRY HAYES, TOBIAS HENDRICKS,

SAMUEL HOLLINGSWORTH, SAMUEL BLUNSTON,

PHILIP TAYLOR, ANONEW CORNISH,

ELISHA GATCHEL,

THOMAS EDWARDS,

JAMES JAMES,

JOHN MUSGRAVE.

JOHN WRIGHT,

"And the upper parts of this Province described as aforssaid, are hereby declared to bs Erected, & are nocordingly Erected into a County, by the name of LANCASTER COUNTY. And 'TIS OR- DERED that the same be signified to the House of Representatives, & the Return laid before them for their Direction in describing the Boundaries thereof in the Bill now before them for establishing Courts of Judionture, &c., within the same."

On May 10, 1729, the Assembly passed " An Act for erecting the upper parts of the Province of Pennsylvania, lying towards Susquehanna, Conestoga, Donegal, &c., into a county," the preamble and first section of which recite the petition and define the division line. Subsequent sections make provision for the holding of courts, continuance of existing suits, appointment of trustees to build a court-house and prison, the levying and collecting of taxes, and other matters necessary in the organization of a new county.

The Governor of Maryland manifested some alarm on this occasion from a misapprehension that the commission- ers began the line at the mouth of Octorara Creek. That part of the live near the Schuylkill was somewhat altered by the erection of Berks County in 1752 .*

March 29, 1727. The Indians living on or near a branch of the Brandywine complained to the Governor and Council that their fishing was hindered by the erection of a mill and dam on that creek, in New Castle County. It appears there was a law in the lower counties 're- quiring this dam to be left open in the fishing season, which had not been complied with.

In 1729 they again made complaint of being disturbed in their possessions on Brandywine Creek, which will be noticed under the head of Newlin township.

Hannah Penn, the widow of the late proprietary, aud his grandson, Springett, having died, John, Thomas, and Richard, his three sons, became joint proprietaries of Penn- sylvania. Thomas Penn came over to the province for the

* On the 10th of February, 1801, an act of Assembly was passed authorizing the Governor to appoint commissioners " to run out, mark, and fix that part of the lines between the counties of Lancaster and Chester, from a point where the said lines make a corner near the Horseshoe road on the Welsh Mountain, to such point on the Octorara Creek, as in the opinion of the commissioners may be necessary, which lines when so run and fixed to bs and remain the lines dividing the counties of Lancaster and Chester, respectively." Commissioners wers appointed under this act, who ran and marked the line as now existing between the points designated.

In 1859 a survey was made by Beynard Way, Esq., and others, commissioners appointed for that purpose, of the lines bounding the northwest corner of Chester County, from where the Conestoga turn- pike road crosses the northern boundary, near the village of Spring- field, to where the Downingtown, Ephrata and Harrisburg turnpike road (commonly known as the Horseshos turnpike) crosses the west- ero boundary northwest from the village of Waynesburg. A draft of the lines thus surveyed is on file in the clerk's office at West Chester.

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

first time in 1732, and arrived at Chester on the afternoon of the 11th of August. An express was immediately sent to Philadelphia, where the Assembly and Council were in session. The secretary of the Council was forthwith dis- patched to Chester, with the compliments and congratula- tions of the Governor and board to the new joint pro- prietary upon his safe arrival, and " to acquaint him that to-morrow morning they would in person pay their respects to him." Accordingly, on the next day, the Governor and all the members of Council who were able to travel, accom- panied by a very large number of gentlemen, visited Ches- ter, " waited on the Honorable Proprietary and paid him their compliments. After dinner the Proprietary with his company, now grown very numerous, sett out for Philadel- phia, near to which place he was met by the Mayor, Re- corder, and Aldermen, with a great body of People. The Recorder, in the name of the Mayor and Commonalty of the City, made a congratulatory speech, which the Proprietary answered, &c." On the 15th of the month the representa- tives sent in their "Humble address," which contains much less adulation than was betrayed by the part taken by the Governor, Council, and municipal authorities of the city in the affair.

Late at night on the 19th of September, 1734, news of the arrival of John Penn, the elder brother of Thomas, was brought to Philadelphia by express from New Castle. Early on the next morning his brother, Thomas Penn, with a number of gentlemen, proceeded to Chester to receive him, but he did not land there until late in the evening, and re- mained there all night. On the morning of the 21st the party proceeded towards Philadelphia, and were met at the Schuylkill by the mayor, recorder, and commonalty, as in the case of his brother Thomas. John did not remain long in the country, but returned the next year to adjust some dispute that Lord Baltimore had raised in respect to the interminable boundary question ..

BOUNDARY LINE TROUBLES.

An agreement had been entered into by the Penn and Baltimore proprietaries on the 10th of May, 1732, by which a settlement of the border difficulties promised to become easy. After the arrival of Thomas Penn attempts were made to carry out the agreement, but the commission- ers of the two provinces failed to put the same interpreta- tion upon it, and the troubles continued. So much interest was aroused in the subject bere that Friends, as a body, were drawn to take part in it.

At Quarterly Meeting nt Concord 3, 13, 1734. " A Letter was pro- duced here in respect to the divition Between the proprietors of Maryland and Pensilvanin directed to the Second-day morning meet- ing, and meeting for Sufferings, in London, with desires that they might make such use of it ns they might think proper; which was agreed to be signed by friends of this meeting, and that it be deliv- ered to Aaron James, Joseph Gilpin, Joseph Brinton And Samnel Levia, to shew it to our proprietor, and if he think it proper, and re- quest the enme, that then the said persons send the same to the said meeting ; but if not that it be returned bere next meeting."

6, 12, 1734: "The friends appointed to wuit on the proprietor with the Letter sent from our meeting to the Second-dny morning meet- ing und meeting for sufferings in London Report they were with him and that he took the regard friends hnd for the affair very kindly und thought it might be of service were it sent homo which accordingly ie forwarded."

3, 12, 1735. "The correspondance on this side having communi- cated to this meeting the several letters they have received from those at London, together with a copy of a petition which our friends there have so kindly on our behalf presented to the king in Council when the L'd. Baltimore had put in one which indeed rises in the request of it even to the extremity of our apprehentions and friends nt this meeting taking ngain the affair under their solid and further consideration do judge it proper and necessary that a petition from this meeting be presented to the King in Council, whereupon one being drawn was read approved of and signed in this meeting as also A letter to our friends in London acknowledging their ready and kind endenvours on our behalf on a representation sent last year from this meeting to them and are ordered to be delivered into the hands of Isnac Norris and Israel Pemberton in order to be conveyed to the correspondance at Home."

The following document is the petition referred to :

" To George the Second, King of Great Britain, etc., In Councill :

"The Petition of the People call'd Quakers, from their Quarterly Meeting, beld nt Concord the 12th dny of the third month (May), 1735, comprehending all of that Profession who inhabit within the County of Chester, in the Province of Pensilvania, and the Countys of New Castle, Kent, und Sussex on Delawure in America, Humbly Sheweth,

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History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 11

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928 Publication date: 1881 Publisher: Philadelphia, L. H. Everts Number of Pages: 1162

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928
Publication date: 1881
Publisher: Philadelphia, L. H. Everts
Number of Pages: 1162