History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 33

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 33

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March 3, 1788, an act was passed reciting the act of March 20, 1780, under which a lot of land had been pur- chased for a county-seat ; also the supplementary act re- stricting the commissioners to certain limits, in pursuance of which the court-house and prison had been erected in- Goshen, and now directing

"That the commissioners in and for the county of Chester, or any two of them, he, and they are hereby, empowered and directed to ex- pose to sale by public vendue, to the highest bidder, a certain lot of land lying and being in the township of East Caln, purchased from Ros- anna Sheward for the use of esid county by Willium Clingen, Thomas Bull, John Kinkesd, Roger Kirk, John Sellers, John Wilson, and Joseph Davis, commissioners under the act first recited, bonnded as follows, viz. : Beginning at a marked hickory sapling standing on the north side of the Conestoga road; thence by said road north seventy degrees and a half east ten perches to a post; thence by lands of ssid Rosanna Sheward, north eighteen degrees west sixteen perches to s post ; thence by said Rosanna Sheward's land, south seventy-one de- grees and a half west ten perches to a post; thence south eighteen

missioners mustered cournge enough to forbid further operations. The gaps made in the wall testified to the presumptuous liberty thus taken for many years, until the exterior of the old building was reno- vated by a rough coat of plastering and pebble-dashing.

| The reference here is either to Edward Vernon or to Edward Richards, but which is now uncertain.

" The allusion here is to the capture of Col. Hannum by a party of British light-horse, who surprised him one night in his hed aod took him prisoner to Philadelphia.

** Caleb Davis, who held the office of prothonotary from 1777 to 1791, and took a lively interest in the question of removal.

tt Maj. John Harper, a Revolutionary officer, who had then recently commenced tavern-keeping in Chester; of course he was opposed to removal. Tradition says he had command of the belligerent forces which came to demolish the unfinished buildings. He afterwards came to reside in West Chester, and was for some time landlord of the famous Turk's Head lavero.

CHESTER COUNTY ALMS HOUSE, NEWLIN.

JAIL, WEST CHESTER, CHESTER CO. PA.

COURT HOUSE, WEST CHESTER, PA.

119

GENERAL HISTORY.

degrees and a half east sixteen perches to the place of beginning, containing one acre, be the same more or less."

In pursuance of this act the lot was sold, and became the property of Richard Downing, the leading spirit in opposing the location of the county-seat at this place (Downing- town); and from him it passed to his daughter Phebe, who married Jesse Meredith, who for many years was a mer- chant in the village. His children, Richard and Elizabeth Meredith, sold the lot to R. D. Wells, the present owner, whose dwelling stands thereon in place of an old log house, still remembered by persons living. It is west from the railroad station, and almost directly opposite the freight depot of the Pennsylvania Railroad, and retains the original area. Through the researches of Dr. John P. Edge the location has been identified.

PUBLIC OFFICE BUILDING.

Benjamin Trego, of Goshen, conveyed to his son Em- mor, Aug. 26, 1784, a lot on the south side of the court- house lot, and occupying the space between the latter and South Street, now Market Street. It was three and one- half perches wide on High Street, and two and one-quarter wide at the west end. The consideration was forty pounds. Emmor Trego conveyed the same lot, Feb. 27, 1786, to Abraham Williamson and Jesse James, of Thornbury, for fifty-five pounds of silver money, and they sold it, June 16, 1790, to John Worth, Joseph Gibbons, and James Moore, county commissioners, who probably purchased it for the erection tbcreon of a building to accommodate the county officers. Prior to this time the officers had kept the records at their private residences. The following memorandum has been preserved respecting the proposed structure :

"The Cellar is to be 6 feet bellow the surface of the Ground, to be wall'd up with good stone and Lime mortar as high as the water table; to have ove windows in it, and one Cellnr Door to be in the End next to the Court house; a halfe of it is to be arch'd with suffitient well burn'd bricks : The two front Room floors to be of goed pine boards : The two Back Rooms to have Suffitient floors, well cover'd with Lime mortar, blacksmith Cinders, Sand, &c .: The Rooms are to have iwo windows in Ench : the Doors are to have Pediments over them : the two back Rooms are to have Groin Arch'd Ceilings : the Roughf to be Coverd with good 3 feet Shingles, Cources about 9 Inches : a Neet Cornice to the Eves; One Cereular window in Each End : Steps to front Doors are to be of hew'd stone : the whole to be well Puinted : The Building is to be 36 ft. Square, - for the sum of Eight hundred Pounds.

" JOHN SMITH."

This John Smith, who was the brother of Col. Robert Smith, undertook to ereet the building in accordance with these specifications, and for the performance thereof gave a bond in double the amount of the contract to Joseph Gib- bons, James Moore, and Elijah McClenachan, commission- ers, dated April 4, 1791. His sureties were Persifor Frazer, Caleb Davis, and Thomas Ross. This building stood in the southeast corner of the present court-house yard, with the front on High Street.

On May 6, 1830, William Wollerton, of Uwchlan, and Rebecca, his wife, conveyed to the county commissioners a narrow piece of ground at the west end of the two former purchases, thus completing the county possessions at this place.

The first court-house here stood with gable end to High Street, and the entrance on the south side. The first floor

was used for the court-room, and at the north side thereof was a raised platform extending the length of the building. This arrangement was doubtless for the accommodation of the justices who held the Court of Common Pleas at that time, and of whom there were a large number. After the justices ceased to hold courts, and the number of judges was reduced to five or less, a portion of this platform at each end was cut off by a railing and thrown open to the use of spectators. The second story was divided into rooms for the use of the grand and petit juries, and was reached by a stairway in the southeast corner.

At a later period a circular addition was made at the west end of the building, and the judges' bench placed therein. In this addition were three windows, reaching nearly to the floor, at some one of which the judges fre- quently entered the building. At the same time the southern door was closed, and an entrance made at the east end.

THE PRESENT COURT-HOUSE.

On March 12, 1846, the county commissioners-Mar- decai Lee, Enos Pennock, and Smith Sharpless-resolved to build a new court-house, and that it be located on the publie lot, so as to bring the eastern line of the building (exclusive of the portico) on a line with the western end of the old court house, and the north line of the building two feet south of the southern part of the said old court- house. Its position was afterwards changed and altered by being moved eastward and northward. Its architect was Thomas U. Walter, and the contractors were William Ingram, Chalkley Jefferis, James Powell, and David H. Taylor. The corner-stone was laid July 4, 1846, in which, at the southeast corner, nearly about the height of the top of the lower window, were deposited various documents, the newspapers of the day, and coins of that year. Ils architecture is Corinthian, and this structure, which is worthy of the taste and resources of this ancient county, was completed in 1847.

The following are the expenditures for this piece of public property :

Amount of original contract.

$45,049.67

Extra work on same ..

739.89

Muking shelves, cases, counters, etc., for offices

16,754.50

Iron pipes to conduct water to street.

239.45

Building walls, privies, paving and filling yard ....

3,030.26

James Parke, for marble coping and steps for yard.

1,166.84

Peter Mingus, for iron fence.

1,480.00

Thomas U. Walter, architect ..

1,911.70

William Apple, for vane and ball on cupola ..

66,67

William Sweeny, gilding same ..

47.00

Total cost. $55,345.98

The additions, alterations, repairs, etc., to the court- house have been (including expenses for gas, water, coal, etc.), as follows :

1852

$221.47

1867

578.80

1853

169.32

1868 ...

777.30

1855

1,699.88

1869 ..

1,063.57

1856

2,908.49

1870

1,258.88

1.857

33.23

1871

698.46

1858

382.71

1872.

987.66

1859

*21,816.66

1873

2,517.63

1860

2,671.65

1874

1,550.33

1861

337.20

1875

982.26

1862

105.60

1876

548.05

1863

762.91

1877

2,587.06

1864

280.45

1878

2,652.79

1865

123.31

1879

1,490.68

1866

179.00

1880

976.58

"Facing with Pictou stone by Gray & Paul.

120

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

For this and other data from the commissioners' office we are indebted to Joseph F. Hill, the present clerk, who has done more to systematize the records of that office than all his predecessors combined.

DIVISION OF THE COUNTY-DELAWARE COUNTY ERECTED.

The new seat of justice at West Chester was near the centre of the county, on the great road leading from Phila- delphia to Strasburg, and as convenient to all parts of the county as could reasonably be desired. The people of Ches- ter, however, finding themselves deprived of the advantages resulting from having the seat of justice in their midst, sud- denly discovered that they suffered serious inconvenience by reason of its being removed to a great distance from them, and accordingly set themselves to work to endeavor to pro- cure a division of the county and the erection of a new one, with the county-seat at Chester. The Legislature listened to their petitions, and on the 26th of September, 1789, passed " An Act for dividing the county of Chester, and to erect part thereof into a separate county." The first and second sections of the act read as follows :

"SEC. I. Whereas the inhabitants of the borongh of Chester aod the sontheastern parts of the county of Chester have by their peti- tions set forth to the General Assembly of this State that they labor under many and great inconveniences from the seat of justice being removed to a great distance from them, and have prayed that they may be relieved frem the said inconveniences by erecting the said borengh and sontheastero parts of the said county into a separate county, and as it appears but just and reasonable that they should be relieved in the premises,

"SEC. II. Be it enacted, etc., that all that part of Chester County lying within the bunnds and limits hereinafter described shall be, and the same is hereby, erected inte a separate county, that is to say : Be- ginning in the middle of Brandywine River, where the same crosses the circular line of New Castle County, thence up the middle of the said river to the line dividing the lands of Elizabeth Chads and Calch Brinton, at or near the ford commonly called or known by the name of Chads' Ford, and from thence, on a line as nearly straight as may be, so as not to split or divide plantations, to the great road leading from Geshen te Chester, where the Westtown line intersects or crosses the said road, and from thence, along the lines of Edgemoot, Newtown, and Radnor, so as to include those townships, to the line of Mont- gomery Connty, aod along the same and the Philadelphia County line to the river Delaware, and down the same to the circular line aforesaid, and along the same to the place of beginoiog, to be henceforth known and called by the name of ' Delaware Connty.'"

By the same act John Sellers, Thomas Tucker, and Charles Dilworth were appointed commissioners to run and mark the line dividing the counties in the manner before mentioned. These men performed the duty thus assigned them. The public buildings at Chester, which, on the removal of the county-seat to West Chester, had been sold to William Kerlin, were purchased from him for the use of the new county, and the town of Chester again attained the dignity of a county-seat.

It will be observed by an examination of the line on the map of Chester County that a portion of it is very crooked. This was partly rendered necessary in carrying out the provisions of the act,-that the line should be run " so as not to split or divide plantations." Tradition says that the commissioners acceded to the wishes of the land- owners along the line as to which county they desired their plantations to be in, and rau the line accordingly.

An inspection of the line sl:ows that this was very probably the case, and that the commissioners, while obeying that part of their instructions which directed them to run the line " so as not to split or divide plantations," seem to have lost sight of another provision,-that it should be run "as nearly straight as may be."

The townships of Birmingham and Thornbury were divided, but provision was made in the act that the parts of townships falling in each county should severally con- stitute independent townships, and that each new township should retain the name of the original township from which it was taken.

It will further be observed on an inspection of the map of the county that there is a small portion of territory at the southwest corner of Birmingham township, Delaware County, situated between the circular line and a bend in the Brandywine Creek, marked " Part of Birmingham, Chester County," which is over two miles distant from the main body of that township; and many persons have doubtless wondered why Birmingham township, in Chester County, should be the owner of territory thus situated.

A critical examination of the dividing line between the counties will explain the seeming anomaly. The act of Assembly erecting Delaware County provides that the line shall begin " in the middle of Brandywine River, where the same crosses the circular line of New Castle County, thence up the middle of the said river," etc. The portion of territory in question formed part of the original township of Birmingham, as it existed before the division, but is en- tirely west of the Brandywine, the bend in the creek at its western boundary not running quite down to the circular line. Being thus cut off from that part of the township included in Delaware County, it constituted a part of the division which fell to Chester County, and has ever since formed a part of Birmingham township, Chester County.

Dr. Smith, in the " History of Delaware County," speak- ing of the running of the line between the counties, says,-

" A draught in the possession of the author, doubtless prepared from the surveys made by the commissioners, presenta several interesting faets which it may not be amiss to notice.

"A straight line was run from the starting-point on the Brandy- wine to the intersection of the Goshen road hy the western line, which is six miles three-quarters ond fifty-four perches in length, whereas the crooked line between the same points, passing along the bounda- ries of the farms cut by the straight line, and new forming the divi- eion line between the two counties, has a length of eleven miles one- quarter and nineteen perches. On a line perpendicular to the above- ment oned straight line, the conrt-house at West Chester ie only three miles three-quarters and fifty-eight perchee distant. The bearing of this perpendicular line is north forty six degrees west.

" It ie charged, in a note on the dranght, that a meinher of the Leg- islature, while the act for a division of the county was under considera- tion, asserted that nu part of the straight line run by the commie- sioners would come nearer West Chester than eix miles ..

"The court-house at West Chester lies nearly due north from the commencement of the division line on the Brandywine, and ie a little over five miles distant from that point, whereas it was alleged at the session of the Legislature at which the act was passed that the die- tance was nine miles.

"From the intersection of the Goshen road and the county line to West Chester the distance in a direct line is four miles three-quarters and eixty perches nearly, and the course north eighty-five degrees west. The shortest distance from the Street road to West Chester ia niae hundred and sixty-five perches.

" It also appears from the draught that another division line had

121

GENERAL HISTORY.

been proposed. This commenced at the mouth of Davis' or Harvey's Run, on the Brandywine, and ran so as to inclu de the whole of Thorn- bury township, in Chester County.

"The average gain to the whole people of the new county, in the way of convenience in reaching their seat of justice, did not exceed four miles ; and when it is considered that the whole population of the new county at that time (1790) was only nine thousand four hundred and eighty-three, and many of the land-holders really poor, in con- sequence of the war and the exhausting system of agriculture that had heen pursued, it is truly wonderful that our ancestors ever con- sented to this division, which necessarily subjected them to all the increased municipal hurdens incident to a small county."

At different times attempts have been made to divide our present county, or to create a new one by taking parts from this and neighboring ones. In 1819 meetings were held in favor of the erection of " Penn" County out of the western part of this and the eastern part of Lancaster County. In 1825 " Octorara" County found its advocates, and in 1832 some efforts were made to establish a new county from parts of Chester, Lancaster, and Berks, under the name of " Conestoga."

WHISKY INSURRECTION.

In 1791-94 what is popularly known as " The Whisky Insurrection" took place in the southwestern counties of Pennsylvania, in opposition to a law of Congress laying an excise upon all distilled spirits. This opposition was chiefly confined to the counties of Fayette, Washington, West- moreland, and Alleghany.

In order to put down the insurrection, as it was termed, the President, in 1794, called out a large body of troops, and caused them to be marched to the seat of the disturb- ances. In the mean time commissioners of the general government proposed to the people an amnesty on certain conditions. A few judicious men, disguising their real sentiments, managed to lead and moderate the movements of the insurgents, and finally to quell their impetuosity. They were also overawed by the force which had been called out, even before it reached the seat of the disturb- ances, and generally accepted of the amnesty that had been proclaimed. The insurrection came to an end, and the army, which arrived in November, met with no opposition, and shed no blood. The greater part of it was at once disbanded, and the men returned to their homes, a few bat- talions being left to insure security and preserve quiet dur- ing the winter. In the spring the military were entirely withdrawn ; order had been fully restored, the law, al- though still felt to be unjust, oppressive, and unequal in its operation, was acquiesced in, and business resumed its wonted course.

The quelling of the insurrection was followed by quite a paper war, in which much acrimonious feeling was indulged in .*

When President Washington issued his requisition for a military force to quell the insurrection, Governor Mifflin made a tour through the eastern counties to arouse the military spirit, and by the influence of his extraordinary popular eloquence soon caused the ranks to be filled up. In the progress of this tour he came to West Chester to rally the men of Chester County for the occasion, and ad- dressed a mass meeting with such effect that the people re- sponded in the most gratifying manner.

By a letter from the Secretary of War, dated Aug. 7, 1794, it appears the total number of men called for from this State by the President was five thousand two hun- dred, of which three hundred and seventy-eight were to be drawo from the First Brigade (Chester County) of the Third Division of militia; and of these, fifty-eight were to be cavalry. The five thousand two hundred men were to form a division under Maj .- Gen. William Irvine, and this division to consist of three brigades, to the first of which, under Brig .- Gen. Thomas Proctor, the Chester County troops were assigned.

Joseph Mcclellan, then sheriff of the county, -- who had been a captain of infantry in Wayne's brigade through the greater portion of the Revolutionary war,-was promptly at the head of a troop of cavalry, and Aaron Musgrave raised a company of artillery. These companies joined the ex- pedition to the West, which was commanded by Governor Henry Lee, of Virginia, and faithfully performed their tour of duty.

On the organization of the troops into regiments, Capt. McClellan became major of the regiment to which his company was attached, and Thomas Taylor succeeded him as captain of the company.

The following election returns, on file in the prothono- tary's office, furnish the names of many of the Chester County troops :

" At an Election held and kept at the Barracks, in the Town of Carlisle, this fourteenth Day of October, in the year of our Lord One Thousand Seven Hundred and Ninety four, for Captain Aron Mus- grave's Company of Artillerymen, belonging to the Chester County Brigade of the Militia of this Commonwealth, now in Public service on Garrison at the said Town of Carlisle, and not attached or belong- ing to any particular Regiment, Pursuant to an Act entitled ' An Act to enable such of the Militia of this Commonwealth as may be on ser- vice and absent from their respective Counties, to vote at the next General Election :' and it appeared after Casting up the votes that the several Candidates hereinafter named had the respective numbers severally annexed to their names for the several Offices hereinafter specified, viz. : " etc.

" The following is a list of the names of the persons belonging to the said Company who voted at the said Election, together with the name of the Town, Township, Ward or District, wherein such Electors reside :"

Wilm Williamson, Brandywine. Wm. Culbertson, "

Aaron Musgrove, West Chester. .

Philip McAffry,

Ja" Allcorn,

John Norton,

Joshua Harris,

Amos Warren,

John McBride,

John McCallaher, E. Whiteland. William Nilson, Westtown.

James Rodgers, Goshen. Patrick Thornton, "

E. McClenachan, Londonderry. Richard Booger, "

Thomas McCan, Goshen.

John Smith, Robert Finney, New London. Wm Sheenes(?), New Garden. John Pergrine, Charlestown. James Reed, East Bradford. Clement Rig, W. Nantmeal, Thomas Frazer, Birmingham .. John Knox, W. Bradford. James Sharp, Brandy wine. Robert Hutchison, Kennet.

* The reader who desires to know more of the matter is referred to the writings which treat specially of it. Among these may be men- tioned William Findlay's " History of the Western Insurrection," and Judge Hugh H. Brackenridge's "Incidents of the Western Insurrec- tion," both published in the year following the disturbances; Gen. Hamilton's official report in the American State Papers; Neville B. Craig's " History of Pittsburgh," published in 1851; H. M. Bracken- ridge's " History of the Western Insurrection in 1794," published in 1859; and the appendix to an edition of Judge Brackenridge's " Mod- ern Chivalry," published in 1855; also the lately published "State Archives."

122

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

Samuel Scott, Birmingham. George Wilson, Enst Caln.

James Wilson,

Isaac McFurlan,' "

Mathew Robinson, Goshen.

Caleb Woodward, W. Bradford. John Wilson, West Chester. Dan1 Dougherty, City of Philsda. Enoch Jones, Kennet.

Benjamin Rees, Goshen.

A. MUSGRAVE, Capt. & Judge of Election. PHILIP MCAFFRY, first Lieut. and Inspector. Wm CULBERTSON, Clark.

"A Return of an Elexion held at half a Mile from Shipingsburg, out of Camp, sgrable to the direction in Law. Being the votable part of Captan John Parker's Company, Lt. Col. John Harris' Detach- ment of Militia."

Voters.

James Williams, Charlestown.

David Denle,

James Sumeril, Goshen.

Luke Gaines, 66

Jnº Junson,

Nicholas Cahoon,

Charles McClean, 66

William Linch,

Joseph King, Willistown.

Isaac King,

Alex. McClay,

Peter McIntire,

William McClay,

David Cornog,

John Slecziman,

Joseph Hampton,

John McCoy, 66

David Crnig,

William Newlin,

John Rowen,

David Green,

William McCray, 16

Attested by JOHN PARKER, Capt. JOHN LEWIS, Lieut. & Inspector. DAVID CRAIG, Clark.

At un Election held half n mile beyond Chambersburg, in Frank- lin County, Oct. 14, 1794, by Capt. Mcclellan's Company of light Dragoons, the following voted :

Sam1 Ramsey, Willistown. Jnº Dining, Goshen. Joseph Dilworth, Goshen. Martin Wise, West Caln. Joseph Sloan, Sadsbury. Robt. Major, Willistown. Nath1 Cuningham, Honey brook. John Slosn, Sadsbury. Sum1 B. Foster, Sudsbury. David Fleming, " Wm. Gibbons, Birmingham. Joseph MeClellan, Goshen. John Heslet, W. Fallowfield. Thomas Taylor, Goshen. Jumos A. Brown, Goshen. John Cunningham, East Culn.

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History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 33

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