History of Greene County, Pennsylvania, Part 24

Author: Bates, Samuel P. (Samuel Penniman), 1827-1902
Publication date: 1888
Publisher: Chicago : Nelson, Rishforth
Number of Pages: 908

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A S we have already seen, that portion of the present State of Penn- sylvania west of the Laurel Hills and south of the Alleghany and Ohio rivers was embraced in three counties under Virginia authority, and though the County of Westmoreland with county seat at Hannastown, near the present Greensburg, embraced this same territory, at which courts were held under Pennsylvania authority, yet the greater share of the county court and county office record business in all that territory of Pennsylvania west of the Mononga- hela and south of the Ohio rivers was transacted in Virginia County courts, for a period of a dozen or more years, and until the southwest corner of Pennsylvania was finally discovered, and a bound set to mark it. That spot which three great States had been searching for and struggling about, and which was disturbing the quiet even of the King in council, and rendering his life uneasy, was at last dis- covered and marked, and from that time forward the minds of the pioneers became settled, and Assembly, and Governors, and King had peace. Indeed that white oak post with the cone of stone piled about it was the great peace-maker, more potent in its authority than governments and courts. That post, which marks the southwest corner of Greene County, set up the Pennsylvania authority over this region, which for the space of more than a hundred years has been unquestioned and undisturbed.

It will be remembered that the commissioners of the two States of Pennsylvania and Virginia had agreed upon terms of settlement of the dispute, as early as the 31st of August, 1779, and had these terms been approved by the two State governments at once, and the astronomical observations been promptly ordered, the place of the corner might have been easily found, and the bound set up before

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the opening of the year 1780. But on account of the delay on the part of the Virginia assembly in acting, and then the seeming inter- minable delays in ordering out the surveying parties, it was the close of 1784 before the reports of the surveyors were adopted and the whole subject legalized and set to rest. In all this time, therefore, the courts under Virginia authority were kept busy in making entries and perfecting titles to land. Hence, it will be found that a large proportion of the original titles to lands in the present limits of Greene County were obtained under Virginia authority. The records of these Virginia courts are of interest to the students of legal lore; but would probably fail to engage the attention of the general reader. Mr. Crumrine, in his history of Washington County, has made quite an extensive collation of these records, to which work the curious reader is referred.

The settlers in the district of Pennsylvania, who were adherents of the Pennsylvania rule, as soon as they learned that the commis- sioners had agreed upon terms of settlement of the disputed bound- ary, commenced addressing the Governor upon the propriety of form- ing a new county of this territory. Among these was Thomas Scott, who had been prominent in Lord Dunmore's time. Governor Reed, who was now at the head of the government in Pennsylvania, regard- ing the subject favorably, in a message to the council of Nov. 6, 1780, recommended the laying off of " one or more counties so as to introduce law, order, and good government, where they have long been much needed." In compliance with this recommendation, as ear- ly as the 28th of March, 1781, the act was passed erecting Washington County, to comprise all of the territory inclosed by the Monongahela and Ohio rivers and the south and west bounds of the State, em- bracing what are now the counties of Greene, Washington, and parts of Alleghany and Beaver. Authority was given for the elec- tion of inspectors of election of members of the Assembly and Council, two sheriffs, two coroners, and three commissioners. By the tenth section it was " made lawful to and for James Edgar, Hugh Scott, Van Swearingen, Daniel Leet, and John Armstrong or any three of them, to take up or purchase, and to take assurance to them and their heirs, of a piece of land situated in some convenient place in the said county, in trust and for the use of the inhabitants of the said county, and thereupon to erect and build a court-house and prison, sufficient to accommodate the public service of the said county." Full provisions were made for the transfer of authority from Westmoreland courts to Washing- ton, and the executive council appointed Thomas Scott to be protho- notary, James Marshall lieutenant, and John Cannon and Daniel Leet to be sub-lieutenants of the new county.

It will be observed that the act creating the County of Washing-

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ton antedated the final running and marking of the boundary line by several years. During all this period of uncertainty there was con- stant friction and irritation. Indeed the organization of Washington as well as Westmoreland County, was effected in the midst of great tribulation, and the decision on the part of Pennsylvania, not to re- sort to force to assert authority, tended to encourage those favoring the Virginia ownership in their lawless procedures. The Indians during the whole period of the Revolution, and until General "Mad" Anthony Wayne, by his victory over the Indians in his campaign in the northwestern territory, put a period to Indian barbarity, there was scarcely a day when the settlers did not live in constant dread of the Indian war whoop.

A commission, consisting of Edgar, Scott, Swaringen, Leet, and Armstrong, proceeded to divide the territory into thirteen townships, the number of the colonies, Amwell, Bethlehem, Cecil; Cumberland, Donegal, Fallowfield, Hopewell, Morgan, Nottingham, Peters, Rob- inson, Smith and Strabane. Preparations were in progress, under George Rogers Clark, for an expedition against the British and Indians in the northwest, and the Virginia authorities in the three counties of Ohio, Yohogania, and Monongalia, pro- ceeded to raise troops by drafting, and the irritation incident to en- forcing the draft tended to keep up the discontent. Again was the project for a new State revived, as the best panacea for all ills. This latter idea was so much advocated and kept before the settlers, that it was found necessary to pass an act declaring it was treason to longer agitate this question.

At the first general election for Washington, the returns show that Dorsey Pentecost was elected counselor; James Edgar, and John Cannon were elected representatives; Van Swearingen, and Andrew Swearingen, sheriff's; William McFarlane and William Mc- Comb, coroners; George Vallandingham, Thomas Crooks, John Mc- . Dowell, commissioners. Henry Taylor as the first commissioned justice, was president of the court, and was succeeded on the 31st of October, 1783, by Dorsey Pentecost; but on the 29th of November, 1786, Pentecost having removed from the State, liis commission was revoked by the council, and Henry Taylor again became president judge, which office he held till he was superceded by the appointment of Alexander Addison, under the constitution of 1790. The limits of Washington County as originally laid out seemed very natural, bounded as it was by two great streams and the State limits. But the town of Pittsburg soon becoming a point of great commercial and manufacturing importance it proved a sore inconvenience for its inhabitants to post off' to Hannastown for the transaction of legal business. Accordingly, on the 28th of September, 1788, Alleghany County was erected, by which Washington County gave up all that

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HISTORY OF GREENE COUNTY.

portion of its northern territory bordering on the Ohio and Monon- gahela rivers, and by act of assembly passed on the 17th of Septem- ber, 1789, a still further portion bounded as follows: "Beginning at the river Ohio, where the boundary line of the State crosses said river, from thence in a straight line to White's Mill (Murdocksville) on Raccoon Creek, from thence by a straight line to Armstrong's mill, on Miller's run, and from thence by a straight line to the Monongahela River, opposite the mouth of Perry's run, where it strikes the present line of the county of Alleghany."

CHAPTER XVIII.

CURTAILMENTS OF WASHINGTON COUNTY-COUNTY SEAT NOT CENTRAL ACT CREATING GREENE COUNTY -- NAME GIVEN-NOTICE OF GENERAL GREENE-WHERE BURIED-ACQUIRE LAND FOR COUNTY SEAT-LAND OF THOMAS SLATER-DEED -- NAMED EDEN - STREETS NAMED-CIDER AND WHISKEY -- NAME OF THE NEW TOWN-GENERAL WAYNE, NOTICE OF-INCIDENT DESCRIBED BY WHITMAN-PURCHASERS OF LOTS PRICES PAID-COMMISSIONS ISSUED TO COUNTY OFFICERS -- COURT OF COMMON PLEAS, FIVE DISTRICTS- JUDGE ADDISON --- NOTICE OF HIS LIFE-IMPEACHED AND REMOVED -- CHARGES PREFERRED AGAINST HIM-SENTENCE OF COURT -- ASSOCIATE JUSTICES-JUDGE ROBERTS-THOMAS H. BAIRD OVER THE NEW FOURTEENTH DISTRICT -NOTICE OF JUDGE BAIRD --- NATIONAL ROAD, NATHANIEL EWING IN 1838 -- TERM TEN YEARS-NOTICE OF JUDGE EWING-SAMUEL A. GILMORE IN 1848-NOTICE OF JUDGE GILMORE-JAMES LINDSEY IN 1861 -NOTICE OF JUDGE LINDSEY -- MINUTE OF FAYETTE COUNTY COURT.

B' Y these curtailments of Washington County on the north, and the farther one mnade on the 26th of March, 1800, for the forma- tion of Beaver County, the county seat, which had been established at what is now the town of Washington, was thrown considerably to the north of the centre of the territory, and the inhabitants dwelling in the southern portions of the county became restless, under what they regarded an injustice in being compelled to travel so much farther to the county seat than those dwelling in the northern por- tions. Accordingly, in response to a memorial numerously signed,

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praying for the erection of a new county out of the southern por- tions of Washington, the Legislature passed an aet on the 9th of February, 1796, as follows: "Section 1. Be it enacted, etc., That all that part of Washington County lying within the limits and bounds hereinafter described shall be, and is hereby erected into a separate county, that is to say beginning at the month of Ten Mile Creek, on the Monongahela River, thence up Ten Mile Creek, to the junction of the north and south forks of said creek; thence up said north fork to Colonel William Wallace's Mills [West Bethlehem]; thence up a southwesterly direction to the nearest part of the dividing line between the north and south forks of Ten Mile Creek; thence along the top of the said ridge to the ridge which divides the waters of Ten Mile and Wheeling Creeks; thence a straight line to the head of Eulow's branch of the Wheeling; thence down said branch to the western boundary line of the State; thence south along said line to the sonthern boundary line of the State; thence east along said line to the river Monongahela; and thence down the said river to the place of beginning; to be henceforth known and called by the name of Greene County."

This gave a very compact and well situated body of land for a county, and connected by roads of easy grades for reaching its cen- tral portion, wherever the county seat should be erected. But there being some dissatisfaction as to a portion of the northern line, the Legislature, at its session of 1802, made the following emendation, viz: " that the following alteration shall take place in the line between the counties of Washington and Greene, viz: beginning at the pres- ent line, on the ridge that divides the waters of Ten Mile and Wheel- ing creeks, near Jacob Bobbet's; thence a straight line to the head waters of Hunter's fork of Wheeling Creek; and thence down the same to the mouth thereof, where it meets the present county line." This gave back to Washington a small strip of territory, not material to Greene, but desired by Washington.

* It will be seen that a patriotic motive swayed the originators of Washington County in giving its name. General Washington was then at the zenith of his military fame, and was approaching that period in his career when he should compel the British General, Cornwallis, to surrender with his whole army, which would practi- cally put a period to the war. This county was the only one erected in the State during the period of the Revolution. What more suit- able name could be given it than that of the military leader whose name was on every tongue?

If Washington was an appropriate name for all this stretch of country lying to the west of the Monongahela, what name more proper for the tract, ent from the side of Washington-the rib as it

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HISTORY OF GREENE COUNTY.

were-than Greene, that one of his Generals above all others, whom Washington loved?

Nathaniel Greene was born of Quaker parents in 1740, at War- wick, Rhode Island. His father was a blacksmith, in which trade the boy was schooled, or rather an anchorsmith; for at this time this was one of the most considerable of all the States in mercantile ma- rine. While yet a youth he learned the Latin language, and became well-read in military history. He was chosen a member of the Rhode Island Legislature when he had scarcely attained his majority. When intelligence reached him of the battle of Lexington, his mil- itary ardor, as well as his burning patriotism, was aronsed, and he determined to take up arms for the defense of his imperiled country, and was appointed to lead the three regiments raised in his State to the army of Observation then stationed at Roxbury, Massachusetts. This act of the young Quaker cost him his membership in that body. The practiced eye of Washington soon detected his cool judgment and zeal for the cause, and recommended his appointment in the fol- lowing year as Major-General in the Continental Army, a remarkable promotion from a plain officer of State Militia; but, as events sub- sequently showed, worthily bestowed. He served with distinction in the battles of Trenton, Princton, Brandywine and Germantown, when he was appointed Quartermaster-General of the American Army, a position of great difficulty and responsibility in view of the straightened circumstances of the colonies, and the absolute neces- sity that the troops be fed. In 1780 he was assigned to active duty in the field, and was invested with the supreme command of the armies of the South, relieving General Gates. At the conclusion of the war he returned to Rhode Island; but soon after returned to Georgia to look after an estate near Savannah. Not mindful of the intensity of the Southern sun, he was overcome by the heat in what is commonly known as "sun stroke," and died from its effects on the 19th of June, 1786, at the early age of forty-six. His body was placed in a vault in Savannah, but so imperfect was the burial that no name or other means of indentification existed, and when, in 1820, a search was made for his remains, they could not be found, and no one knows the sepulchre of the ablest of Washington's Gen- erals. But the Congress of the new nation was prompt in acknowl- edging his services, and on the 8th of August of that year passed the following resolution: " That a monument be erected to Nathaniel Greene, Esq., at the seat of the Federal Government, with the fol- lowing inscription : " Sacred to the memory of Nathaniel Greene, a native of the State of Rhode Island, who died on the 19th of June, 1786; late Major-General in the service of the United States, and commander of their army in the Southern Department. The United States, in Congress assembled, in honor of his patriotism, valor, and

D.i. Donly

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ability, have erected this monument,' " It has been said of him that, "In person General Greene was rather corpulent, and above the common size. His complexion was fair and florid; his countenance serene and mild. His health was generally delicate, but was pre- served by temperance and exercise."

By the act erecting the new county it was provided that David Gray, Stephen Gapin, Isaac Jenkinson, William Meetkerke and James Seals be appointed commissioners to procure by grant, bargain, or otherwise any quantity of land not exceeding five hundred aeres, within five miles of the center of the county, and survey and lay out the same into town lots; and on due notice given sell lots at public auction, so many lots as to raise a fund sufficient, with certain Coun- ty taxes, to pay for the purchase of the land and the erection of a court-house and prison. Until a court-house was erected the courts were directed to be held at the house of Jacob Kline, on Muddy Creek.

In pursuance of the power thus delegated to the above named commissioners, a site for the county seat was selected in a fine sweep of the South Fork of Ten Mile Creek, on land owned by Thomas Slater, James Seals owning land to the north of it, and John Jones to the south of it. Among the first records in the books of the Prothonotary's office is " Deed of Thomas Slater and Uxor to the Trustees of Greene County. This indenture made the twenty-eighth day of October, in the year 1796, between Thomas Slater and Elenor, his wife on the one part, and David Gray, Stephen Gapin, William Meetkerke, Isaac Jenkinson and James Seals, trustees appointed for the county of Greene, by an act of the general assembly of the State of Pennsylvania, dated the 9th day of February, 1796, entitled an act to erect a part of Washington County into a separate county of the other part. Whereas, a certain tract of land called Eden, was granted to the said Thomas Slater by patent dated 7th of March, 1789, and enrolled in the Roll's office of said State in patent book number 14, page 507, etc. Now this Indenture witnesseth that the said Thomas and Elenor his wife, for and in consideration of the sum of $2,376, lawful money of Pennsylvania to them in hand paid by the said [commissioners], for and in behalf of of the county of Greene the receipt of which is hereby acknowledged, and the said Thomas Slater and Elenor his wife, therewith fully satisfied and paid, have granted, bargained and sold, and by these present do grant, bargain and sell unto the said [commissioners] in trust for the use of the county of Greene, and for the purpose of erecting thereon a Court House and Gaol and other public buildings for the use of the said county all the following described and bounded part of the said tract of land that is contained in the following bounds and limits : Beginning at a post and running thence by said Slater's land east 14

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HISTORY OF GREENE COUNTY.

218 perches to a post in John Jones' line, thence with the same south 12° 3 east 128 perches to a post, thence by said Slater's land west 188 perches, to a thorn bush on the bank of the South Fork of Ten Mile Creek, thence up the same, and by land of James Seals north 43° and & west 17 perches 5, to a white walnut tree, north 41° ¿ west 47 perches -2, to a white oak, north 15° west 32 perches to the place of beginning, containing 158 acres ¿ strict measure, be the same inore or less, together with all and singular, the appurten- ance unto the same belonging, or in any ways appurtaining, and the reversions, and remainder rents, issnes and profits thereof. To have and to hold the said bounded and sold tract of land and premises with the appurtenances unto the said [commissioners ] and their assigns to the only proper use and behoof of the said [commissioners ] in trust for the use aforesaid, and according to the true intent and meaning of the above cited act of Assembly, and the said Thomas Slater and Elenor his wife, for themselves, their heirs, executors, and admin- istrators do hereby covenant, promise and grant to and with the said [commissioners ] and their assigns that they the said Thomas Slater and Elenor his wife, the aforesaid tract of land containing 158 acres and } strict measure against them and their heirs, and against all and and every other person or persons lawfully claiming the same shall and will warrant and forever defend by these presents. In testi- mony whereof they have hereunto set their hands and scals the day and year first above written.

Sealed and Delivered in 7 Received the day and year within writ- ten of $2,376 being consideration money with- in mentioned in full.

presence of DAN. MCFARLAND, PHILIP KETCHUM. Witness JAN. THOMPSON, CHRISTIAN FAIR.

THOMAS SLATER.

Acknowledged before

WM. SEATON. Received 28th October, 1796. Examined JOHN BOREMAN, Recorder."

This tract of land thus promptly obtained and secured by deed in trust, then only encumbered by the cabin of its owner, has come to be the home of a numerous and busy population, distinguished for intelligence, and the seat of justice for this beautiful and well settled county. It would seem by reference to the provisions of the above recited deed, that the original owner had given it the name of Eden, a name not inappropriate, when we consider its location, upon this commanding ground, the rich and beautiful valley stretching away, above and below, and the pleasant heights and verdant hillsides across

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HISTORY OF GREENE COUNTY.

the stream which sweeps around and seems to hold it in its fond embrace.

A draft of the plot of the town accompanies the deed, and is ac- cordingly made of record. A street, running north from the extreme south bend of the creek, euts the tract nearly at its center, and is designated Washington street, and parallel with this to the west are Morris street, Blackberry alley, Rich IIill street and West street, and to the east Cider alley, Morgan street, Whiskey alley, Cumberland street, Findlay alley and East street. Running east and west is High street cutting the tract near its center, and to the north in succession are Strawberry alley, Franklin street, North street, and be- yond it the common, fronting on which are the imposing buildings of Waynesburg College and the public school building, and on the summit still further to the north is the reservoir of the waterworks. To the south of High street. are Cherry alley, Greene street, South alley, Lincoln street, Walnut alley, Elm street, Locust alley, First street and Water street. The railroad follows the valley up the northwest. Between Washington and Morris streets, running north and south, and High and Greene streets extending east and west, in the central and most commanding portion of the tract are located the county buildings,-court-house and jail,-on grounds which now seem contracted, considering that the commissioners could have ap- propriated as much land and in such location as they chose. The names of the streets are in the main patriotic and descriptive of their location; but the two alleys, Cider and Whiskey, in close proximity to the courts of justice, seem in these days of prohibition to be misnomers, though in the age when given may have afforded the mouth a good flavor when pronounced.

A name for the new town was early considered. It has been already observed that this section of the country had been for a period of over thirty years debatable ground for the savages, as it was in the meantime by the inhabitants of two neighboring States. During the quarter of a century preceding the formation of the town this section had been the scene of more Indian ontrages, sealp- ings and burnings than any other equal area in the country. Though peace had been declared between the United States and Great Britain, British troops still ocenpied forts in the northwestern territory, and encouraged and led the Indians in their warfare against the United States. Two armies, one under Harmer and the other led by St. Claire, had been defeated and sadly cut to pieces by the united strength of British and Indians, and as a consequence the savages were more active than ever in their work of blood. But an army led by General Anthony Wayne had proved more successful, and, having marched into the heart of the Indian country, inflicted so crushing a defeat that the tribes were glad to unite in suing for

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HISTORY OF GREENE COUNTY.

peace, and in giving hostages for an observance of their treaty stipu- lations. Nowhere were the happy effects of this triumph more felt than in this territory of Greene County. What name, then, more suitable for the capitol of the new county than the honored one of Wayne, and hence Waynesburgh perpetrates the name of the hero.

Perhaps none of the generals in the American army had so much the character of dash, of sleepless vigilance, of heroic daring in the face of the foe, as Wayne. He was born in Chester County in 1745. Ile was in early life a surveyor, a member of the Assembly of 1774, the friend of Franklin and member of the Committee of Safety of 1775. Seeing war impending, he gave himself earnestly to the study of the military art. He was with Sullivan at Three Rivers, Canada, and had charge of the posts at Ticonderoga and Mt. In- dependence. In February, 1777, he was commissioned a Brigadier: General, and participated in the New Jersey and Brandywine cam- paigns with Washington. On the night of the 20th of September, 1777, while encamped at Paoli, with 1,500 men, the location of his camp was betrayed to the British, when General Gray, with a strong detachment of the enemy, stole upon the camp, and put the occu- pants to the sword, an exploit in civilized warfare little better than a massacre. At Germantown he led the right wing with gallantry, and received the especial commendation of Washington for his conduct in the battle of Monmonth. ITis surprise an capture of Stony Point gained for him the thanks of Congress. He was transferred to the South during the last of his service in the Revolution, where, by his ceaseless vigilance and energy, he gained no less renown than at the North. In councils of war he always favored the aggressive policy, and won the title of " Mad Anthony Wayne." In 1792 he was called from his farm in Chester County, to which he had retired, and placed in command of an army to operate against the hostile Indians. At Maumee, in August, 1784, after a two year's campaign, he gained so signal a victory as to put an end to Indian barbarities, and give peace to the settlers. The most subtle of the savage chief- tains had counseled against risking a battle with him, for " that man never sleeps," he declared. The event showed that he had judged correctly. Wayne was afterwards appointed sole commissioner to treat with the natives, and concluded a treaty in 1795, at Greenville, Ohio, which gave peace and secured the emigrant complete immunity from peril. In the autumn of 1796, having concluded the object of his mission, he embarked on a small vessel at Detroit, bound for Presque Isle, now Erie, on his way home. On the way down the lake he was attacked with the gont, a disease to which he was sub- ject. Upon his arrival he was taken, at his own request, to one of the block houses on the garrison tract, and a messenger was dis- patched for Surgeon J. C. Wallace, at Pittsburg, who had attended

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History of Greene County, Pennsylvania, Part 24

Author: Bates, Samuel P. (Samuel Penniman), 1827-1902 Publication date: 1888 Publisher: Chicago : Nelson, Rishforth Number of Pages: 908

Author: Bates, Samuel P. (Samuel Penniman), 1827-1902
Publication date: 1888
Publisher: Chicago : Nelson, Rishforth
Number of Pages: 908