History of Fayette County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 26

Author: Ellis, Franklin, 1828-1885
Publication date: 1882
Publisher: Philadelphia : L.H. Everts & Co.
Number of Pages: 1314

USA > Pennsylvania > Fayette County > History of Fayette County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men > Part 26

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" WESTMORELAND COUNTY, April 18, 1774.

"SIR,-As some very extraordinary occurrences have lately happened in this county, it is necessary to write an account of them to you. That which I now give is at the request and with the approbation of the magistrates that are at present attending the court. A few weeks ago Mr. Connolly went to Staunton [Va. ], and was sworn in as a Justice of the peace for Augusta County, in which it is pretended that the country around Pittsburgh is included. He had before this brought from Williamsburg com- missions of the peace for several gentlemen in this part of the province, but none of them, I believe, have been accepted of. A number of new militia officers have been lately appointed by Lord Dunmore. Several musters of the militia have been held, and much confusion has been occasioned by them. I am informed that the militia is composed of men without character and without fortune, and who would be equally averse to the regular administration of justice under the colony of Virginia as they are to that under the province of Pennsylvania. The disturb- ances which they have produced at Pittsburgh have been particularly alarming to the inhabitants. Mr. Connolly is constantly surrounded with a body of armed men. lle boasts of the countenance of the Governor of Virginia, and forcibly obstructs the exe- cution of legal process, whether from the court or single magistrates. A deputy sheriff has come from Augusta County, and I am told he has writs in his hands against Capt. St. Clair' and the sheriff for the arrest and confinement of Mr. Connolly. The sheriff was last week arrested at Pittsburgh for serving a writ on one of the inhabitants there. but was, after some time, discharged. On Monday last one of Con- nolly's people grossly insulted Mr. Mackay, and was confined by him, in order to be sent to jail. The rest of the party hearing it, immediately came to

Mr. Mackay's house and proceeded to the most vio- lent outrages. Mrs. Mackay was wounded in the arm with a cutlass. The magistrates and those who came to their assistance were treated with much abuse, and the prisoner was rescued.

"Some days before the meeting of the court a re- port was spread that the militia officers, at the head of their several companies, would come to Mr. Hau- na's, use the court ill, and interrupt the administra- tion of justice. On Wednesday, while the court was adjourned, they came to the court-house [at Hannas- town, Westmoreland County] and paraded before it. Sentinels were placed at the door, and Mr. Connolly went into the house. One of the magistrates was hindered by the militia from going into it till permis- sion was first obtained from their commander. Mr. Connolly sent a message to the magistrates informing them that he wanted to communicate something to them, and would wait on them for that purpose. They received him in a private room. He read to them the inclosed paper," together with a copy of a letter to you, which Lord Dunmore had transmitted to him, inclosed in a letter to himself, which was written in the same angry and undignified style. The magistrates gave the inclosed answer to what he read, and he soon afterwards departed with his men. Their number was about one hundred and eighty or two hundred. On their return to Pittsburgh some of them seized Mr. Elliott, of the Bullock Pens, and threatened to put him in the stocks for something which they deemed an affront offered to their com- mander. Since their return a certain Edward Thomp- son and a young man who keeps store for Mr. Spear have been arrested by them, and Mr. Connolly, who in person seized the young man, would not allow him time even to lock up the store. In other parts of the country, particularly those adjoining the river Monon- gahela, the magistrates have been frequently in- sulted in the most indecent and violent manner, and are apprehensive that unless they are speedily and vigorously supported by government it will become both fruitless and dangerous for them to proceed to the execution of their offices. They presume not to point out the measures proper for settling the present disturbances, but beg leave to recommend the fixing of a temporary line with the utmost expedition as one step which in all probability will contribute very much towards producing that effect. For further particulars concerning the situation of the country I refer you to Colonel Wilson, who is kind enough to go on the present occasion to Philadelphia. I am, sir, your very humble servant,

" W. CRAWFORD. "TO THE HONORABLE JOHN PENN, ESQUIRE."

While at Fort Dunmore (Pitt), in the following September, the Governor of Virginia issued and caused to be published the following :

1 Afterwards Maj .- Gen. Arthur St. Clair, of Revolutionary fame.

2 An address by Dr. Connolly to the magistrates of Westmoreland County.

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PENNSYLVANIA AND VIRGINIA TERRITORIAL CONTROVERSY.

" By his Excelleney John, Earl of Dunmore, Lieutenant and Governor-General in and over his Majesty's Colony and Do- minion of Virginin, and Vice-Admiral of the same.

" A PROCLAMATION.

" Whereas, the rapid settlement made on the west side of the Allegheny Mountains by his Majesty's subjec's within the course of theso few years has become an object of real concern to his Majesty's interest in this quarter ; And whereas the Province of Pennsylvania have unduly laid claim to a very valuable aud extensive quantity of his Majesty's territory, and the execu- ive part of that government, in consequence thereuf, has most arbitrarily and unwarrantably procceded to abuse the Inudable advancements in this part of his Majesty's dominions by many oppressive and illegal methods in the discharge of this imaginary authority ; And whereas the ancient claim laid to this country by the colony of Virginia, founded in reason, upon pre-occu- aney and the general aequioseence of all persons, together with he instructions I have lately received from his Majesty's ser- ants, ordering mo to take this country under my administra- ion, and as the evident injustice manifestly offered to his Majesty by the immediate strides takeu by the proprietors of Pennsylvania in prosecution of their wild claim to this coun- ry demand an immediate remedy, I do hereby in his Ma- esty's namo require and command all his Majesty's subjects vest of the Laurol Hill to pay a due respect to this my procla- nation, strictly prohibiting the execution of any aet of au- bority on behalf of the province of Pennsylvania at their beril in this country ; but, on the contrary, that a due regard and otire obedience to the laws of his Majesty's colony of Virginia inder my administration be observed, to the end that regularity uay ensuo, and a just regard to the interest of his Majesty in bis quarter, as well as to the subjects in general, may be the onsequence. Given under my hand and seal at Fort Dunmore, lept. 17, 1774.

" DUNMORE.

" By his Excellency's command,

" God save the King."

The publication of this proclamation by Dunmore brought out the following from the Governor of Penn- ylvania, viz .:

" By the Honorable John Penn, Esquire, Governor and Com- han ler.in Chief of the province of Pennsylvania and counties f New Castle, Kent, and Sussex, on Delaware.

"A PROCLAMATION.

"Whereas, I have received information that his Excellency, be Earl of Dunmore, governor general in and over his Majesty's colony of Virginia, hath lately issued a very extraor- inary proclamation, setting forth [here is recited the substance f Governor Duomore's proclamation of the 17th of September] : And whereas, although the western limits of the province of Pennsylvania have not been settled by any authority from the "rown, yet it has been sufficiently demonstrated by lines aceu- ately run by the most skillful artists that not only a great ract of country west of the Laurel Ilill, but Fort Pitt also are omprehended within the charter bounds of this province, a , reat part of which country has been actually settled, and is ow beld under grants from the proprietaries of Pennsylvania, nd the jurisdiction of this government has been penceably ex- reised in that quarter of the country till the late strange claim et up by the Earl of Dunmore in behalf of his Majesty's colony f Virginia, founded, as his Lordship is above pleased to say, in reason, pre-occupaney, and the general nequiescence of all ersons ;' ... In justice, therefore, to the proprietaries of the rovince of Pennsylvania, who are only desirous to secure their

own undoubted property from the eneroachment of others, I have thought fit, with the advice of the council, to issue this, my proclamation, hereby requiring all persons west of Laurel Ilill to retain their settlements as aforesaid made undor this province, and to pay due obedience to the laws of this govern- ment; and all magistrates and other officers who hold eommis- sions or offices under this government to proceed as usual in the administration of justice, without paying the least regard to the said recited proclamation, until his Majesty's plensuro shall be known in the premises, at the same time strictly charging and enjoining the said inhabitants and magistrates to use their utmost endeavors to preserve peace and good order. Given under my hand and the great seal of the said province, at Philadelphia, the twelfth day of Oetuber, in the year of our Lord one thousand seven hundred and seventy-four, and in the fourteenth year of the reign of our sovereign Lord George the Third, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, and so forth.

" By his llonor's command.

" JOHN PENN.

" EDWARD SHIPPEN, JR., Secretary.

" God save the King."

When Lord Dunmore had finished his campaign against the Indians in 1774, he returned to Virginia by way of Redstone, and made a short stay at Fort Burd ( Brownsville). While he was there (November 24th) Connolly sent an officer with a summons to Thomas Scott (who then lived on Dunlap's Creek) to appear before the Governor to answer for several offenses al- leged to have been committed while acting under au- thority from Pennsylvania. Mr. Scott refused to pay any attention to the summons, and on the same day a number of armed men appeared at his house and forcibly carried him to Fort Burd, where he was re- quired either to give bail with two sureties to appear at the next court to be held for the county of Augusta, at Pittsburgh, December 20th next following, or at any future day when the court should be held there, or to be committed to prison. He chose the former and entered into a recognizance for his appearance. The records of the Augusta court,1 under date of May 18, 1775, show that Mr. Scott, " being bound over to this court for his acting and doing business as a jus- tice under Pennsylvania, in Contempt of the Earl of Dunmore's late Proclamation," was on hearing ad- judged guilty, and committed to prison in default of £500 bail. There is nothing found showing how long he remained incarcerated, but Judge Veech says "he was not released until accumulated resentment and the beginning of the war for liberty had burst his prison bonds and set many of Connolly's captives

1 In the records of the same court under date of Sept. 20, 1773, is found this entry : "George Wilson, gent., being bound over to this court for being confederate with, aiding, advising, and abetting certain disorderly persons, who on the morning of the 22d of June last violently seized and carried away Maj. John Connolly from this place, and also advising others to not aid officers of justice when called upon to apprehend the aforesaid dlistnrbers of the peace, being called, and not appearing, it is ordered that he be prosecuted on his recognizance." This has reference to Col. George Wilson, who lived bear New Genion, Fayette Co., and who died in New Jersey, while in the Continental service, in the sjning of 1777.

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HISTORY OF FAYETTE COUNTY, PENNSYLVANIA.

free." In December following Connolly issued a proclamation, with the object of preventing the col- lection of taxes by Westmoreland County officers, as follows :

" Whereas I am informed that certain persons, by written instructions directed to different people through this country, under the denomination of collectors, are apparently authorized to break open doors, cupboards, etc., and to commit summary acts of violence in order to extort money from the inhab- itants under the appellation of taxes, these are there- fore to acquaint all his Majesty's subjects that as there can be no authority legally vested in any persons for any such acts at this juncture, that such attempts to abuse publie liberty are unwarrantable, and that all persons have an undoubted natural as well as lawful right to repel such violence; and all his Majesty's subjects are hereby required to apprehend any person whatever who may attempt a seizure of their effects in consequence of such imaginary authority, to be dealt with as the law directs. Given under my hand at Fort Dunmore, this 30th day of December, 1774. "JOHN CONNOLLY."

A copy of this " proclamation" was laid before the Supreme Executive Council of Pennsylvania by Capt. Arthur St. Clair on the 25th of January, 1775, and in the minutes of the proceedings of the Council on the same day appears the following: "Captain St. Clair appearing at the Board, and representing that William Crawford, Esquire, President of the Court in Westmoreland County, hath lately joined with the government of Virginia in opposing the jurisdiction of Pennsylvania in that county, the board advised the Governor to supersede him in his office as Justice of the Peace and Common Pleas. A supersedeas was accordingly issued." And Edward Cook was ap- pointed his successor.

That Crawford became a pronounced and aggres- sive partisan of Virginia immediately after his super- sedure as presiding justice is shown by the record of the Council on February 25th next following. At the meeting of the Council on that day the Governor laid before them several letters he had received by express from the magistrates of Westmoreland County, com- plaining of violence committed there in the " break- ing open of the jail of that county and discharging the prisoners, and other outrages lately committed by the militia and people of Virginia," and inclosing sundry deposition supporting these complaints. The outrages, as it appeared, had been committed by a party under the leadership of Benjamin Harrison a resident of that part of Westmoreland which became Fayette), who acted, as he said, under authority of Capt. William Crawford, president of the court. Among the depositions mentioned was that of Charles Foreman, which details the circumstances of the out- rage, and is as follows :

" Westmoreland County, 88. ;

"Personally appeared before us the subscribers, three of his Majesty's Justices of the Peace for the county aforesaid, Charles Foreman, who being duly sworn upon the Holy Evangelists of Almighty God, doth depose and say that this morning, between twilight, being the 7th day of February, he heard a noise at the jail, and getting out of his bed he saw a number of armed men breaking the door, and charging the prisoners then in jail to go about their business ; and he heard John Carnaghan, Esquire. high sheriff of the county aforesaid, ask one Benjamin Harrison, who appeared to be their head man, whether they had any orders for their so doing, upon which he read a paper, and said it was Capt. William Craw ford's orders so to do ; and the said Charles Foremar further saith that he saw one Samuel Wilson make : push at one Robert Hanna, Esquire, with a gun, and told him not to be so saucy, and a great deal of il tongue ; and further this deponent saith not.

"CHARLES FOREMAN.

"Sworn and subscribed before us this 7th day o February, 1775.

" ROBERT HANNA, " WILLIAM LOCHRY, " WILLIAM BRACKEN."

The opening of the Revolution soon after the event last mentioned drove Dunmore from power in Vil ginia, and this of course overthrew his friend Connolly who fled from the scene of his exploits and took refug. with the British. Virginia, however, did not relir. quish her claims in the disputed territory, but, on th contrary, erected new counties upon it, establishe courts, built court-houses, appointed civil and militi officers, and kept up a show of jurisdiction for man years.

The Virginia county of Augusta was erected i November, 1738, to embrace all the western and north western parts of that colony, including (as was the supposed by her legislators) an immense territory th: is now in Pennsylvania west of the meridian of tl western boundary of Maryland. According to tl Virginia claim, then, the jurisdiction of Augus County for about thirty-eight years after its form tion extended over all the present county of Fayett except a strip on its eastern side, and over all the te ritory between the Monongahela and Ohio Rivers.

In October, 1776, the General Assembly of Virgin enactedi that a certain part of the territory of A gusta County, viz. : "Beginning on the Alleghe: Mountain, between the heads of Potowmack, Che. and Greenbrier Rivers; thence along the ridge mountains which divides the waters of Cheat Riv from those of Greenbrier, and that branch of the M

1 Henning's Statutes at Large, vol. ix. p. 262.

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PENNSYLVANIA AND VIRGINIA TERRITORIAL CONTROVERSY.

nongahela River called the Tyger's [Tygart's] Valley River to Monongahela River; thence up the said river and the West Fork thereof to Bingerman's Creek, on the northwest side of said fork ; thence up the said creek to the head thereof; thence in a direct line to the head of Middle Island Creek; a branch of the Ohio, and thence to the Ohio, including all the waters of said creek in the aforesaid district of West Augusta, all that territory lying to the northward of said boundary, and to the westward of the States of Pennsylvania and Maryland, shall be deemed, and is hereby declared to be, within the district of West Augusta."

The district so defined was divided into three counties by the same act, which declared "That all that part of said district lying within the following lines, to wit : beginning at the mouth of Cross Creek, thence up the same to the head thereof, thence eastwardly to the nearest part of the ridge which divides the waters of the Ohio from those of the Monongahela, thence along the said ridge to the line which divides the county of Augusta from the said district, thence with the said boundary to the Ohio, thence up the same to the beginning, shall be one district county, and be called and known by the name of Ohio; and all that part of the said district lying to the northward of the following lines, viz. : beginning at the mouth of Cross Creek, and running up its several courses to the head thereof, thence southeastwardly to the nearest part of the aforesaid dividing ridge between the waters of the Mononga- hela and the Ohio, thence along the said ridge to the head of Ten-Mile Creek, thence east to the road leading from Catfish Camp to Redstone Old Fort, thence along the said road to the Monongahela River, thence, crossing the said river, to the said fort, thence along Dunlap's old road to Braddock's road, and with the same to the meridian 1 of the head fountain of the Potowmack, shall be one other distinct county, and be called and known by the name of Yohogania County ; and all that part of the said district lying to the northward of the county of Augusta, to the westward of the meridian of the head fountain of the Potowmack, to the southward of the county of Yoho- gania, and to the eastward of the county of Ohio, shall be one other distinct county, and shall be called and known by the name of the county of Monon- galia."

From the description of the boundaries of the new counties, as recited in the act, it will be seen that Monongalia County embraced the southern and southwestern portion of the present county of Fay- ette; that the northern and northeastern part was covered by Yohogania County, and that the division line between these two was marked by Braddock's road from the eastern limit as far northwest as the Big Rock on the summit of Laurel Hill, and thence

by " Dunlap's path," or road, passing a little south of Uniontown, to the mouth of Dunlap's Creek. From there the boundary between Yohogania and Monongalia continued westward, nearly along the line of the later National road, about two-thirds the distance across the present county of Washington, to the east boundary of Ohio County. This county ex- tended from the said eastern limits westward to the Ohio River.

Prior to the erection of the new counties, courts had been held at Fort Dunmore for the old county of Angusta, and the records of those courts are still in existence. The first record is of a court held at the place named on the 21st of February, 1775, and the last Nov. 20, 1776. In the mean time a primitive court-house had been built for Augusta County at " Augusta Town," a prospective village about two miles west of the site of the present town of Wash- ington, Pa.

Upon the formation of the three new counties courts were immediately established for them. Of the three Virginia counties, only one-Monongalia- held its courts within the present limits of Fayette. Its court-house was located on land of Theophilus Phillips, near New Geneva. How long the courts were held there is not known, as no records of them can now be found. The court-house of Ohio County was at Black's Cabin, near West Liberty. The rec- ords of Yohogania County have been preserved, and are now in possession of a gentleman of Washington, Pa. They show that the first court of that county was held at Fort Dunmore (Pitt) Dec. 23, 1776,2 and that the courts continued to be held there until Aug. 25, 1777. They were then held at the house of An- drew Heath for about two months, and after that (until 1781) at the new court-house "on the planta- tion of Andrew Heath." This was on the west side of the Monongahela, a short distance above, and in

2 The following-named " gentlemen justices" were sworn in by the court on their commissions, viz. :

Joseph Beelor, Joseph Becket, John Campbell, John Canon, Isaac Cox, William Crawford, Zachariah Connell, John Decamp, Thomas Freeman, Benjamin Frye, Jolin Gibson, William Goe, William Harrison, Benjamin Kirkendall, John McDowell, Juhn MeDonald, George Mc- Cormick, Oliver Miller, Samuel Newell, Dorsey Pentecost, Matthew Ritchie, James Rogers, Thomas Smallman, Andrew Swearingen, Jolin Stevenson, George Vallandigham, Edward Ward, Joshua Wright, and Richard Yeates. The following named held commissions but were not sworn in : Thomas Brown, James Blackiston, John Carmichael, Benja- min Harrison, Jacob Haymaker, Isaac Leet, Sr., James McLean, Isaac Meason, Jolin Neville, Philip Russ, and Joseph Vance.

And the following-named persons were also sworn in as civil and military officers of the county :

Clerk, Dorsey Pentecost; deputy, Rilphi Bowker.

Sheriffs, William Harrison (dleputy, Isaac Leet), George McCormick (deputies. Ilugh Sterling, Joseph Beelor, Benjamin Vanmeter, and John Lemon), Matthew Ritchie (deputy, John Sutherland).

County Lieutenant, Dorsey Pentecust.

Colonels, John Canon, Isaac Cox, John Stephenson.

Lieutenant-Colonels, Isaac Cox, Joseph Beelor, George Vallandigham. Majors, Gabriel Cox, Henry Taylor, William Harrison,

Attorneys, George Brent, William Harrison, Samuel Irvin, Philip Pendleton.

Legislators, John Campbell, William Harrison, Matthew Ritchie.

1 Meaning the western boundary of the State of Maryland.

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HISTORY OF FAYETTE COUNTY, PENNSYLVANIA.

sight of, the present town of Elizabeth. The state- ment has frequently been made that the Yohogania court was at one time held at Redstone Old Fort, but this is a mistake, doubtless growing out of the fact that a board of Virginia commissioners sat at that place in the winter of 1779-80 for the purpose of de- ciding on land claims and issuing certificates to set- tlers.

Finally, when the long controversy between the two States was settled by the assignment of the dis- puted territory to Pennsylvania, the counties of Mo- nongalia and Ohio, though greatly reduced in area, still retained their names as counties of Virginia (as they are of West Virginia at the present time) ; but Yohogania, whose limits were wholly within the territory yielded to Pennsylvania, ceased to exist, and was theneeforward mentioned as Virginia's " lost county."

ESTABLISHMENT OF BOUNDARIES.

In the royal grant to William Penn, in 1681, the territory embraced in it was described as "all that tract or part of land in America, with all the islands thereiu contained, as the same is bounded on the east by Delaware River, from twelve miles northward of New Castletown unto the three and fortieth de- gree of northern latitude, if the said river doth ex- tend so far northwards; but if the said river shall not extend so far northwards, then by the said river so far as it does extend; and from the head of said river the eastern bounds are to be determined by a me- ridian line to be drawn from the head of said river unto the said three and fortieth degree; the said lands to extend westward five degres in longitude, to be computed from the said eastern bounds; and the said land to be bounded north by the beginning of the three and fortiethi degree of northern latitude, and then by a straight line westward to the limits of lon- gitude above mentioned." On the south the boun- dary was to be by the cirenlar line from the river, twelve miles distant from New Castle, " unto the be- ginning of the fortieth degree of north latitude," and then by a due west line to the extent of five degrees of longitude from the river Delaware.

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History of Fayette County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 26

Author: Ellis, Franklin, 1828-1885 Publication date: 1882 Publisher: Philadelphia : L.H. Everts & Co. Number of Pages: 1314

Author: Ellis, Franklin, 1828-1885
Publication date: 1882
Publisher: Philadelphia : L.H. Everts & Co.
Number of Pages: 1314