History of Fayette County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 29

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 29

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Alexander McClean, sur- merchant.

veyor. Joseph Huston, iron-mas-

John Jackson, miller. ter.

Ann Murphy, widow.

Luzerne Township.

Nathaniel Breading, Esq. James IIammond, farmer. Andrew Frazer, farmer. John Hyatt, farmer.

Tyrone Township.

Alexander Long, farmer.

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ERECTION OF FAYETTE COUNTY.

Under the law of March 29, 1788, registries of chil- | planting of the earlier settlements in the valleys of dren liable to servitude continued in Fayette for more than half a century, and three hundred and fifty-four such registries were made in the county during the period from Feb. 5, 1789, to Jan. 12, 1839, after which latter date none have been found in the records.

CHAPTER XIII.

ERECTION OF FAYETTE COUNTY-ESTABLISHMENT OF COURTS-COUNTY BUILDINGS.

THE original counties of Pennsylvania were Phil- adelphia, Chester, and Bucks, of which the western boundaries were indefinite. On the 10th of May, 1729, an act was passed erecting the county of Lan- caster, to embrace "all and singular the lands within the province of Pennsylvania lying to the northward of Octoraro Creek, and to the westward of a line of marked trees running from the north branch of the said Octoraro Creek northeasterly to the river Schuyl- kill; ... and the said Octoraro Creek, the line of marked trees, and the river Schuylkill aforesaid shall be the boundary line or division between said county and the counties of Chester and Philadelphia." Thus the nominal jurisdiction of Lancaster County ex- tended westward to the western limits of the pro- vince, including the territory which now forms the county of Fayette.

In 1749 the inhabitants of the western parts of Lan- caster County represented to the Governor and As- sembly of the province that they were suffering great hardships by reason of remoteness from the county- seat, the courts of justice, and the public offices, and prayed for the formation of a new county from that part of Lancaster ; whereupon, on the 27th of Jan- uary, 1750, it was by the General Assembly enacted " That all and singular the lands lying within the province of Pennsylvania aforesaid to the westward of Susquehanna, and northward and westward of the county of York,1 be and are hereby erected into a county named and hereafter to be called Cumber- land, bounded northward and westward with the line of the province, eastward partly with the river Sus- quehanna and partly with the said county of York, and southward in part by the said county of York and part by the line dividing the said province from that of Maryland."

For more than twenty years, a period covering the campaigns of Washington and Braddock and the

the Youghiogheny and Monongahela, Cumberland continued to include the region west of the Laurel Hill range. On the 9th of March, 1771, that region (embracing the present counties of Fayette, West- moreland, Washington, Allegheny, and contiguous country) passed to the jurisdiction of Bedford County, which was erected by an act of that date, to include "all and singular the lands lying and being within the boundaries following, that is to say, beginning where the province line crosses the Tuscarora moun- tain, and running along the summit of that mountain to the Gap near the head of the Path Valley; thence with a north line to the Juniata; thence with the Juniata to the mouth of Shaver's Creek ; thence north- east to the line of Berks County ; thence along the Berks County line northwestward to the western bounds of the province; thence southward, according to the several courses of the western boundary of the province, to the southwest corner of the province, and from thence eastward with the southern line of the province to the place of beginning."

The territory of Bedford County west of the Laurel Hill became Westmoreland by the passage (Feb. 26, 1773) of an act erecting the last-named county, to em- brace " All and singular the lands lying within the province of Pennsylvania, and being within the boun- daries following, that is to say, beginning in the province line, where the most westerly branch, com- monly called the South, or Great Branch of You- ghiogheny River crosses the same; then down the easterly side of the said branch and river to the Laurel Hill; thence along the ridge of the said hill, northeastward, so far as it can be traced, or till it runs into the Allegheny Hill ; thence along the ridge di- viding the waters of the Susquehanna and the Alle- gheny Rivers to the purchase line at the head of Susquehanna ; thence due west to the limits of the province, and by the same to the place of beginning."

Westmoreland County was divided into townships by the Court of Quarter Sessions, held at Robert Hanna's house, April 6, 1773. "Before William Crawford, Esq., and his associates, justices of the same court, the court proceeded to divide the said county into the following townships, by the limits and de- scriptions hereafter following, viz." Then follows a description of the boundary lines of the several town- ships, viz. : Fairfield, Donegal, Huntington, Mount Pleasant, Hempfield, Pitt, Tyrone, Springhill, Men- allen, Rostraver, and Armstrong, the descriptions of the five townships embracing the present county of Fayette being as follows :

Tyrone. " Beginning at the mouth of Jacob's Creek, and running up that creek to the line of Fairfield; thence with that line to the Youghiogheny ; thence along to the foot of Laurel Hill, to Gist's; thence by Burd's road to where it crosses Redstone Creek ; thence down that creek to the mouth ; thence with a straight line to the beginning."

1 York County had been erected a short time previously (Ang. 19, 1749), to embrace " all and singular the laude lying within the province of Pennsylvania to the westward of the river Susquehanna and south- ward and eastward of the South Mountaio, . . . hounded northward and westward by a line to be run from the said river Susquehanna along the ridge of the said South Mountain until it shell intersect the Mary- land line, southward by the said Maryland line, and eastward by the said river Susquehanna."

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HISTORY OF FAYETTE COUNTY, PENNSYLVANIA.

Springhill. "Beginning at the mouth of Red- stone Creek, and running thence a dne west course to the western boundary of the province ; thence with the province line to the southern boundary of the province ; then east with that line to where it crosses the Youghiogheny ; then with the Youghiogheny to Laurel Hill; then with the line of Tyrone to Gist's, and thence with that line to the beginning."

Menallen. "Beginning at the mouth of Brown's Run, thence due east to the top of Laurel Hill, and westward to the limits of the province."

Rostraver. "Beginning at the mouth of Jacob's Creek, and running down the Youghiogheny to where it joins the Monongahela, then up the Monongahela to the month of the Redstone Creek, and thence with a straight line to the beginning."

Donegal. "To begin where the line of Fairfield township intersects the county line, and to run along that line to where the Yonghiogheny crosses the same; thence down the north side of the Youghiogheny to the top of Chestnut Ridge; thence along the top of Chestnut Ridge to the line of Armstrong ; thence up the Loyal Hanna to the month of the Big Roaring Run, and thence up said run to the beginning."

The project to form the county of Fayette from the southern part of Westmoreland was agitated as early as 1781. The old county had in that year been shorn of its territory west of the Monongahela by the erec- tion of Washington County, and now the project to reduce its limits still farther by the formation of Fayette met with strong opposition in the other parts. Among the many remonstrances against it was the following, a letter from Christopher Hays to Presi- dent Moore,1 dated Sept. 20, 1782:

. I Have been Informed By Bill Printed for Public Consideration that the County of Westmore- land will or is to be Divided into Two Counties Unless Opposed by the Public. If the New County should take Place Westmoreland County will be To- tally Ruined, and in a short Time will Become an Easy Pray to the Enemy," as the Major Part of what will be Left to this County are at Present in Forts and Blockhouses, scarcely able of supporting them- selves, and of Consequence will Readyly be Ruined if we rely on the Protection of the Lieutenants of the other County, I Therefore would Beg the Favour of you, to use your Influence & Interest with the Prin- ciple Members of the Assembly of this State to have said Bill made Void & of None Effect, and to Move the seat of justice of this County Into some Interior Part of the County, & in so Doing you will Much oblige the Distressed of Westmoreland and your

" Most Obedient Humble servant

"CHRISTO. HAYS."

But the remonstrances failed to effect the purpose for which they were intended, and on the 26th of Sep- tember, 1783, the General Assembly passed an act, which, after reciting in its preamble that "a great number of the inhabitants of that part of Westmore- land County circumscribed by the rivers Monongahela and Youghiogeny and Masor and Dixon's line have by their petition humbly represented to the Assembly of this State the great inconvenience they labor under by reason of their distance from the seat of judica- ture in said county," proceeded to enact and declare "That all and singular the lands lying within that part of Westmoreland County bounded as herein- after described : beginning at Monongahela River where Mason and Dixon's line intersects the same; thence down said river to the mouth of Speir's Run ; thence by a straight line to the mouth of Jacob's Creek ; thence by the Youghiogeny River to the forks of the same; thence up the southwest branch of the said river, by a part of Bedford County, to Mason and Dixon's line; thence by said line to the Monon- gahela River aforesaid, be and hereby are erected into a county named and hereafter to be called Fayette & County."

The county of Fayette, as formed and erected by the act of 1783, embraced all that is within the pres- ent limits of the county west of the Youghiogheny, but nothing on the other side of the river. On the 17th of February, 1784, an act was passed annexing to Fayette the territory which it now embraces east and northeast of the Youghiogheny, viz. : "All that part of Westmoreland County beginning at the mouth of Jacob's Creek, thence up the main branch of the said creek to Cherry's mill, thence along the road leading to Jones's mill until the same shall intersect the line of Bedford County,+ thence southwesterly by the line of Bedford County aforesaid until the same intersects the Youghiogeny River, thence down the said river to the place of beginning."

The act erecting the county provided, in one of its sections, "That all taxes already laid within the bounds of the county of Fayette by virtue of any act of the General Assembly of this State which are not already paid shall be collected by the respective col- lectors within the bounds aforesaid and paid into the hands of the treasurer of Westinoreland County. . . " But it appears that this matter of the collection of taxes at that time in Fayette County was a very em- barrassing one, that the attempt to make such col-

1 Pa. Archives, ix. 637.

2 The Indians, incited by the British, were at that time constantly threatening the northern settlements in Westmoreland, and only a few weeks before had burned and destroyed Hannastown, the old county-seat.

" So named in honor of the Marquis de La Fayelte, the friend of Washington, and a general in the Continental army during the Revo- lution.

4 The part of the line from Cherry's Mill east to the line of Somerset County being found to be obscure and not well defined, was run out and established by commissioners appointed by the Governor for the purpose, under authority of an act passed March 1, 1806.

The line along the crest of Laurel Hill, between Fayette and Somier. set Counties, being indefinite, was established under authority of an act of Assembly passed April 17, 1844, by John Hanna, of Somerset, and Jolin R. Love, of Fayette, commissioners, under whose direction the work was done by H. S. Holbrook, Esq., surveyor.

131

ERECTION OF FAYETTE COUNTY.

lection met with resistance, and that in various parts of the county, as well as in Washington and West- moreland,1 outrages and violence were not uncom- mon. That the new county (particularly Menallen township and the country on Georges Creek) was then in a state of almost anarchy is shown by the tenor of various letters and documents found in the archives of the State, though the occurrences and circumstances to which they refer cannot at the present time be fully understood. Copies of some of the papers mentioned are here given, viz. :

, Letter of Secretary Armstrong to Michael Huffnagle, of Westmoreland County. " PHILADELPHIA, Nov. 15, 1783. " DEAR SIR,-Your letter of the 16th Ult. has been received. The licentious disposition discovered in Menallen township is not a little alarming, & in the Opinion of Council requires an early and vigorous correction.

" Upon the receipt of this you will therefore as- semble the Magistracy of that part of the County, & with them adopt the most efficient measures to in- vestigate the business and enforce the laws.

" J. ARMSTRONG, JR., " Secry."

Ephraim Douglass to President Dickinson. "UNIONTOWN, 2d February, 1784.

" The instructions of Council respecting the oppo- sition to assessment in Menallen township I laid be- fore the Justices as directed, but they have not yet come to any resolution thereon ; some of them I find are of opinion that the reviving it at this distant time might be attended with more vexatious consequences than the suffering it to be forgotten will probably produce. For this reason, and in consideration of their since peaceable demeanor, I should incline to agree with them that for the present, until the author- ity of the Court becomes by degrees and habitude of obedience more firmly established in the general ac- quiescence of all descriptions of people within the County, and a Goal and other objects of popular ter- ror be erected to impress on their minds an idea of the punishment annexed to a breach of the laws,

lenient measures might produce as good effects as the most rigorous ones that justice could adopt, were not the wisdom and directions of Council opposed to this opinion. To these reasons for declining the prosecution of offenders if their identity could be made to appear (which I think very doubtful) might be added others that I am distressed to be obliged to take notice of. The Tax not having been assessed till after the division of the County, the authority of the Commissioners of Westmoreland then became justly questionable, and the total want of Commissioners in this County to levy a Tax of any kind, either for the State or to answer the exigencies of the County, and the conseqent inability of the Trustees to perform the duties assigned them by the Legislature, may all be subjects of consideration in this case. For, from an unhappy misconception of the law for dividing West- moreland, this county has not an officer of any kind, except such as were created or continued by the Act or appointed by Council. Denied a separate election of a member in Council and representative in Assembly till the general election of the present year," they un- fortunately concluded that this inability extended to all the other elective officers of the County, and in consequence of this belief voted for them in con- junction with Westmoreland. . . . The Trustees have appointed next Monday to meet on and begin the partition line between this county and Westmoreland on this condition, which Col. Maclean, who is to be executive person, has generously agreed to-to pay all the expence at some future time, when it shall be in their power to call upon the County Commissioners for the money. And necessity has suggested to us the expedient of building a temporary Goal by subscrip- tion, which is now on foot."

Ephraim Douglass to Secretary Armstrong.3

" UNIONTOWN, May 20, 1784. " The County Commissioners are so much counter- acted by the rabble of this country that it appears hardly probable the Taxes will ever be collected on the present mode. In the township of Menallen in particular, which includes this place, agreeable to its limits in the Duplicate, the terror of undertaking the duty of Collector has determined several to refuse it under the high penalty annexed. Two only have ac- cepted it, and these have both been robbed by some ruffians unknown, and in the night, of their Dupli- cates. The inhabitants of the other townships have

1 The following letter from Christopher Hays to President Moore, dated " Westmoreland County, Sept. 20, 1782," shows that the assess- ment and collection of taxes was forcibly resisted before the erection of Fayette, viz .:

". . . As our Assessors was taking their Returns According to Law, the Opposers Assembled under arms, Drove them off from their Deanty, Fired Guns at them, and say they will not Pay any Taxes, nor be Obe- dient to our Laws, being they never took the oath of Fidelity to this State, But means to support a New State. I should think it would net be amiss if the Houourable Conneil would send a number of Proclama- tions against all those that is or will be in Opposition of all Laws and Lawfull Proceeding in this State, as there is a Number such in our Territories, & will of Consequence encourage a Number More Unless something Done to Oppose them; the Citizens of these Two Counties [Westmoreland and Washington] Think it Extremely Heard to pay Taxes & be nearle all summer under arms & Receive Neither Pay nor Pro- visions, as Each Man bas to Find mostly their own Provisions while on Deuuty."

" The act erecting the county provided, Section 20, " That this act shall not take effect until the first day of September, which will be in the year of our Lord 1784, so far as the same respects the election of Censurs, a Counsellor [Councillor], and Representative for the General Assembly ; but the inhabitants of the County of Fayette aforesaid shall, at the en- suing election, elect Censors, a Counsellor, and Representatives in As- sembly in conjunction with the inhabitants of Westmoreland County, agreeable to the directions of the constitution and the laws now m force." And from Mr. Donglass' letter it appears that the people of Fa- yette had supposed that the same provision applied to the election of all county officers.

3 Pa. Arch., x. 582.

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HISTORY OF FAYETTE COUNTY, PENNSYLVANIA.

not gone such lengths, but complain so much of the hardships and want of money that I fear very little is to be hoped from them. On the other hand, the banditti from Bucks County, or some others equally bad, or, more probably, both, have established them- selves in some part of this country not certainly known, but thought to be in the deserted part of Washington County, whence they make frequent in- cursions into the settlements under cover of the night, terrify the inhabitants, sometimes beat them unmercifully, and always rob them of such of their property as they think proper, and then retire to their lurking-places. . .. This county, however, and even this town, has suffered by them, though they came in the character of thieves and not of robbers here [that is, to Uniontown]. And yet nothing has been at- tempted hitherto to punish or bring them to justice, partly, perhaps, because there are not yet a sufficient number provoked by their losses, but principally from the improbability of succeeding in the attempt."

Deposition of James Bell.1

" Fayette County, x8. :

"The examination of James Bell, of George Township and County aforesaid, taken on oath before me, the subscriber, a Justice of the peace in the forsd County the 5th day of June, 1784 : who saith that in the night between the 2d and 3d days of this Inst. he being in the Dwelling llouse of Philip Jenkins, Collector of the Township of Springhill in sd County aud about nine o'Clock of the same night, Came in three men with pis- toles Cocked in their hands, who did violently assault & Beat him the sd Jenkins, and Demanded his Dublieate and money with their Cocked pistols at his Breast, and he got up & went to tho Room where his Dublicate was, while one stayed and kept said Deponent on his seat, but he understood They Robbed sd Jenkins of his Dublicate warrant and money & threatening if Ever he had any Concern with the Business they would burn him & all he had, or if any other persons had any Concern with it they would do so to them ; one of a them was a Tall man with a Hunting shirt ou, another was of a middle size, had on a Hunt- ing shirt and trowsers, the other was a less sized mian with a Hunting shirt & Trowsers on, and all their faces were streaked with Black.

"JAMES BELL.

"Taken made & signed the Day & yeare above written, before me,

" ROBERT RICHEY."

Christopher Huys to President Dickinson.2

" WESTMORELAND COUNTY, 14th June, 1784. " DEAR SIR :

"My best compliments wait on your Excellency and Family. I take this opportunity to inform your Excellency that a considerable number of Inhabit- ants (formerly Virginians, and in opposition to the Laws and Government of this State) have now turned out open Robbers, and so notorious that scarce two days pass that some outrage is not committed in one part or other of this Country, tho' Fayette and Washington Counties seem, at present, to be the prin-

cipal seat of Depredation. Last Wednesday the Col- lector was robbed near Besin's Town, in Fayette County, of about twenty-two pounds in Cash, his Warrant and Duplicate taken from him, and his per- son grossly abused. Sandry other robberies have been committed lately in Washington and Fayette Counties, mostly on the Property of the most noted defenders of the Country during the late conflict. ... I would beg the favor of your Excellency to send me the late acts of Assembly by my son-in-law, Capt". Henderson, and the favor shall be gratefully acknowl- edged by

"Sir, with the highest respect, "Your Excellency's most obedient " Humble Servant, "CHRISTOPHER HAYS. "His Excellency John Dickinson, Esq."

Memorial from Fayette County, 1784.3

" FAYETTE COUNTY, June 15, 1784.

"To his Excellency John Dickinson, Esquire, President of ye Supreme Executive Council.

"Honrd Sr .- The Inhabitants of Stewart's Crossings beg leave to represent your Excellency ; That we were much surpris'd nn being presenteil with ye Copy of a Letter by one of your worthy members, which was sent to your Excellency, informing you that a considerable number of ye Inhabitants (formerly Vir- ginians), in opposition to the Laws and Government of this State, have now turned out open Robbers. We are happy that we have it in our power to present this to your Excelleney by the hands of a Gentleman, whom we hope will do us the Honr to state us impartially in our fuir character without respect of parties, as this Gentleman is well acquainted with ye circum- stance of ye whole matter in doing us the Honour of accompa- nying us in going in search of those Robbers and suppressing such Burglars. We acknowledge we were brought up under ye Government of Virginia, and were ruled by that Government while the Territorial Disputes subsisted between the two States, But when they thought proper to adjust ye Boundaries, we were willing to submit to ye Laws of Pennsylvania, and hope your Excellency will find us as true Citizens as any belonging to ye State, as we have made it evident on every occasion. We have always heen willing to risque our all in the glorious eanse we have been so long contending for, which wo can make manifest by Sundry Gentlemen who are as fully nequainted with us as the author of that Letter which was sent to your Excelleney. And amongst others, Col. MeClene who has suffered on fatigue, with those who seem ut present to be the objects of such malevolent ridicule without the least reason. We were happy in believing that all party matters were buried in oblivion, but are greatly coneomned to find the contrary. Col. Hays has related in another Letter to your Excelleney, that those who bore the Burden of ye War must now be ruled over by those who are Enemies in their Hearts to ye State. We would appeal to ye knowledge and Candour of the several officers who have commanded in this Department, whether the peoplo thus stigmatized have been more backward in defense of our common rights than any of our neighbours. We must beg your Excelleney's pardon, for making so free, from ye most intolerable character your Excellency had of us, but we shall refer you to that worthy Gentleman Major Douglass, who is

8 Ibid., x. 280.

1 P .. Aich., x. 504. 2 Ibid., x. 279.

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ESTABLISHMENT OF COURTS.

rather better acquainted with ns than Col. Hays. So makes bold to subscribe ourselves your Excellency's most obedient and humble servants.

" ROBERT BEALL, MARCU'S STEVENSON, MOSES SMITH,

" ZACH'S. CONNELL,

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History of Fayette County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 29

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