USA > Pennsylvania > Greene County > History of Greene County, Pennsylvania > Part 25
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HISTORY OF GREENE COUNTY.
him on his campaigns, and was familiar with his disease. The Doctor started at once, but on arriving at Franklin, on his way up, he was pained to learn that his old commander was dead, having ex- pired on the 15th of December, 1796. Two days after he was buried, as he had directed, with his uniform and boots on, in a plain coffin, with the letters "A. W." eut upon the lid, and his age, 51, and date of his death marked by means of round brass headed tacks driven into the wood. At the age of thirty-two he was described as "about middle size, with a firm manly countenance, commanding port and eagle eye. His looks corresponded with his character, indicating a soul noble, ardent and daring. In his intercourse with his offices and men he was affable and agreeable, and had the art of communi- eating to their bosoms the gallant and chivalrous spirit which glowed in his own. His dress was serupulously neat and elegant, his move- ments were quick, his manners easy and graceful."
Here we might well put a period to the narrative; but a circum- stance connected with the remains occurred, so peculiar, that a brief account will be given of it as recorded by Benjamin Whitman in his History of Erie County. "In the fall of 1808, General Wayne's daughter, Mrs. Atlee, was taken seriously ill. While upon her siek bed she was seized with a strong desire to have her father's remains moved to the family burying ground. Realizing that it was her last sickness, and anxious to console her dying moments, Colonel Isaac Wayne, the General's son, consented to come to Erie for the purpose of complying with her wishes. The journey was made in the spring of 1809, through what was then a wilderness for much of the distance, with a horse and sulky. On arriving in Erie, Colonel Wayne sent for Dr. Wallace, the same one who had been called to minister to the General. The Doctor agreed to attend to the disinterment and preparation of the remains, and Colonel Wayne gave him entire charge of the operation, declining to witness it on the ground that he preferred to remember his father as he knew him when living. Thirteen years having elapsed, it was supposed that the corpse would be decomposed; but on opening the grave, all present were amazed to find the body petrified, with the exception of one foot and leg, which were partially gone. The boot on the unsound leg had decayed, and most of the clothing was missing. Dr. Wallace separated the body into convenient parts and placed them in a kettle of boiling water until the flesh could be removed from the bones. He then carefully scraped the bones, packed them in a small box and returned the flesh, with the imple- ments used in the operation, to the coffin, which had been left undis- turbed, and it was again covered over with earth. The box was seenred to Colonel Wayne's sulky and carried to Eastern Pennsyl-
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HISTORY OF GREENE COUNTY.
vania, where the contents were deposited in a second grave, among those of the General's deceased relatives. In the labor of dissection, which took place on the garrison grounds, Dr. Wallace was assisted by Robert Murray, Robert Irwin, Richard Clement, and others. General Wayne's sound boot was given to James Duncan, who found it fitted him, had a mate made for it, and wore the pair until they could no longer be used. At the time of the disinterinent Captain Dobins and family were living on the garrison grounds in a large building ereeted for the use of the commanding officer. Mrs. Dobins was allowed to look at the body, with some of her lady acquaintances, and obtained a lock of the dead hero's hair. She had a vivid recol- lection of the incident when nearly in her hundredth year. The body she said was not hard like stone, but was more of the con- sistency of soft chalk. The hairs of the head pulled out readily, and the general appearance of the corpse was much like that of a plaster of Paris cast. In explanation of Dr. Wallace's course, it is argued that he acted in accordance with what the circumstances of the case seemed to require. It was necessary that the remains should be placed in as small a space as possible to accommodate the means of conveyance. Colonel Wayne is reported to have said in regard to the affair, ' I always regretted it. Had I known the state the re- mains were in before separated, I think I shouldl certainly have had them again deposited there and let them rest, and had a monument erected to his memory.' Largely through the efforts of Dr. Germer and Captain Welsh, an appropriation was obtained from the Legislature, with which a substantial log block-house in imita- tion of the original was built to mark the site, and the grounds were surrounded by a railing with eannon at each of the four corners. The grave has been neatly and substantially built up with stone, and the coffin-lid, with other relics of the early days, is carefully sheltered within the block-house. The Wayne family burial ground, where the bones of the gallant General repose, is in the cemetery attached to St. David's Episcopal church, at Radnor, Delaware County, not far from the Chester County line, less than an hour's walk from Wayne Station, on the Pennsylvania Railroad, and four- teen miles west from Philadelphia. Not far distant is Paoli, the scene of the massacre, which was so brilliantly avenged at Stony Point. The Pennsylvania State Society of the Cincinnati erected a monument over the grave on the 4th of July, 1809."
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As soon as it was known that the site of the capital of the coun- ty had been determined and the tract acquired, building lots were disposed of rapidly. The records of the county, which were kept with care, the chirography being in a very even legible hand, which puts to shame some of the records made at a later date, show that
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HISTORY OF GREENE COUNTY.
the following named persons purchased lots of the commissioners, paying the sums set opposite their several names:
1st. Rev. Robert Davis 8 25
2d. John Denny . 84
3d. Phillip Ketchum 75
4th. John Smith. 34
5th. John Smith. 106
6th. James Hook 59
7th. Job. Smith 12
8th. Ignatius Ross 15
9th. John Boreman
68
10th. Samuel Clarke.
11th. Daniel MeFarland 16
12th. Daniel MeFarland 78
13th. Daniel Me Farland
14
14th. Daniel McFarland
13
15th. Daniel McFarland
50
16th. John Wilson
78
17th. William Hunter
70
18th. James Brown
65
19th. Robert Adams & Patrick Moore.
51
20th. Robert Hazlett & Robert Wilson
110
21st. Isaac Jenkinson .
139
22d. Clement Brooke.
50
23d. Thomas Reinhart. 50
24th. Asa McClelland 40
25th. William Wood 18
26th. James Eagan. 50
27th. John Baptist Nuglet 66
28th. William Caldwell 70
29th. Jacob Burley. 42
The forms and legal authorization of procedure in setting in motion the machinery of government over the new county were promptly observed. The first commission issued was to John Bore- man, executed under the hand of Governor Thomas Mifflin, July 13, 1796, which authorized him to administer oaths. The second com- mission was issued to
John Minor to be Associate Justice under date of July 13, 1796.
John Boreman to be Recorder of Deeds under date of March 17, 1796.
John Boreman, Prothonotary, March 17, 1796.
John Boreman, Clerk of the Court of Quarter Sessions. March 17, 1796.
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HISTORY OF GREENE COUNTY.
John Boreman, Clerk of the Court of Oyer and Terminer, March 17, 1796.
John Boreman, Clerk of the Orphans' Conrt, March 17, 1796.
John Boreman, Register of Wills, March 17, 1796.
David Gray was commissioned to sit as Associate Judge on March 17, 1796.
As Greene County was a part of the Fifth Judicial Distriet, the President Judge of that district continued to hold the courts for Greene County, as before its ereetion, for the same territory. By the constitution of 1790, the Court of Common Pleas became the principal court of the Commonwealth for the original hearing of causes. The judges, not fewer than three, nor more than four, in each county, were to be appointed by the Governor. At the session of the Legislature for 1791, an act was passed dividing the counties of the State into five judicial districts-Philadelphia, Bueks, Mont- gomery and Delaware to compose the 1st; Chester, Lancaster, York and Dauphin the 2d; Berks, Northampton, Luzerne and Northum- berland the 3d; Cumberland, Franklin, Bedford, Huntingdon and Mifflin the 4th; and Westmoreland, Fayette, Washington and Alleghany the 5th. When Greene was erected in 1796, that con- stituted a part of the fifth. The act provided that for each judicial distriet " a person of knowledge and integrity, skilled in the laws," shall be appointed and commissioned by the Governor to be Presi- dent of the courts of Common Pleas. Any two of the judges of the Common Pleas Court should constitute a quorum, which should con- stitute the Court of Quarter Sessions, of the Peace and Orphans' Court, and the Register of Wills.
The first President Judge of the Fifth distriet was Alexander Addison. IIe was a native of Ireland, where he was born in 1759, and was educated at Edinburgh, Scotland, and licensed to preach by the Presbytery of Aberlow. While yet a youth he emigrated to Amer- ica, and came to western Pennsylvania. Having been taken in charge by the Redstone Presbytery, he was given permission to preach and officiated for a while at Washington. Ile subsequently turned his attention to the law, studying in the office of David Red- dick, and was admitted to practice in the courts of Washington County. He was a man of strict probity, of large understanding, well schooled in the polite learning of the day, and was well fitted by native talent, by culture, and legal aeumen to preside in the courts of justice. In conducting the courts of this distriet he had a difficult part to perform. It was at a time when the laws of both State and Nation were new and untried; the district was one of op- posing factions, composed of sturdy frontiersmen; the tax upon dis- tilled spirits had to be enforced over unwilling subjects, among whom was inaugurated the Whiskey Rebellion. In the midst of all
James Scott
1
287
HISTORY OF GREENE COUNTY.
these trying circumstances, he is acknowledged to have performed the duties of his high office with a strict regard to justice, and with honesty of purpose. But he did not escape the shafts of party strife, and rancor, which finally culminated in his impeachment before the Senate of Pennsylvania. The formal charges were as follows:
"1st. That Judge Addison, after Judge Lucas [an associate judge of Alleghany County], had in his official character and capacity of judge as aforesaid, and as he of right might do, addressed a petit jury, then and there duly impaneled, and sworn or affirmed re- spectively as jurors in a cause then pending, then and there openly did declare, and say to the said jury, that the address delivered to them by the said John Lucas, had nothing to do with the question before them, and they ought not to pay any attention to it. This question will be better nuderstood by lawyers when informed that a justification was pleaded as a defense in an action of slander, and was unsupported by the testimony, and Judge Lucas' charge was in- tended to reduce the damages of the plaintiff to a small if not a nominal sum.
"2d. That the said Alexander Addison did under pretense as afore- said of discharging and performing his official duties then and there in time of open court, illegally, and unconstitutionally stop, threaten, and prevent the said Jolin Lucas, from addressing as he of right might do a grand jury of the said county of Alleghany then and there assembled."
The sentence of the Senate, sitting as a court of impeachment. delivered January 27, 1803, was, "That Alexander Addison, Presi- dent of the several courts of Common Pleas, in the Fifth district of this State, shall be, and he hereby is removed from his office of presi- dent aforesaid, and also is disqualified to hold and exercise the office of judge, in any court of law within the commonwealth of Pennsylvania."
The associate judges during his term of office were Henry Tay- lor, James Edgar, James Allison, and Matthew Ritchie, commis- sioned August 17, 1791; William Hoge, commissioned April 6, 1798, and John McDowell, commissioned April 7, 1802. Samuel Roberts was commissioned president judge of the Fifth district on June 2, 1803. He was a native of Philadelphia, where he was born September 10, 1761, read law with William Lewis, and was practic- ing his profession at Sunbury, when appointed judge.
The judicial districts of the State were readjusted by the act of March 23d, 1818, by which Washington, Fayette, Greene, and Som- erset became the Fourteenth district, and Judge Roberts remained over the courts composed of Alleghany, Beaver, and Butler. Where- upon Thomas H. Baird, was appointed to preside in the Fourteenth district, his conunission dating from October 19, 1818. By an act
288
HISTORY OF GREENE COUNTY.
of the Legislature of March 29, 1824, Somerset County was taken from the Fourteenth district to form with Franklin and Bedford the new Sixteenth district, Greene, Fayette, and Washington remaining the Fourteenth district. Judge Baird was a son of Absalom Baird, M. D., and a grandson of John Baird, a Scotchman, who came with Braddock's army, was engaged in the battle under that ill-fated Gen- eral, and and was subsequently killed on Grant's Hill, in Major Grant's Highlander column defeated on September 14, 1758. The Judge was born at Washington, November 15, 1787, studied law with Joseph Pentecost, and was admitted to practice July, 1808. With Thomas McGiffin and Parker Campbell he was interested in the construction of the National Road through Washington County, and as early as 1830 secured the survey of a railroad up the Chart- iers Valley, at his own expense. He resigned his commission in December, 1837, and died November 22, 1866.
Governor Joseph Ritner, who was then in the gubernatorial chair, appointed as successor to Judge Baird, Nathaniel Ewing, his commission bearing date February 22, 1838. In the same year of his appointment the constitutional convention revised the organic law, so as to make the term of a president judge or any other judge who is required to be learned in the law, ten years, and associ- ate judges five years. By an act of the assembly passed as early as 1806, the number of associate judges was limited to two from each county. By the amended constitution of 1838, sheriff's, coroners, prothonotaries, and clerks were made elective. Judge Ewing was the son of William Ewing, who had emigrated from York County to Fayette, as a surveyor, in 1790, and was born July 18, 1794. He was educated at Washington College, read law with Thomas MeGiffin, and was admitted to practice June, 1816. He soon after removed to Uniontown, where he continued to reside till his death in 1874. He had the reputation of being an able jurist and a just judge.
Samuel A. Gilmore was appointed at the expiration of the ten years' term of Judge Baird, his commission dating February 28, 1848. By an amendment of the organic law, passed by the Leg- islature in 1849-'50, and ratified by vote of the people, the judges of the Supreme Court of the State were elected by the qualified voters at large, the president judges, and such as were required to be learned in the law, by the electors of the districts over which they presided, and the associate judges by the voters of the respective counties. . Accordingly, at the next general election, on November 6, 1851, Samuel A. Gilmore was elected to be his own successor, and was commissioned to serve for the constitutional period of ten years. Judge Gilmore was a son of John Gilmore, a lawyer, who practiced his profession at Butler. The son was a practicing_attor-
289
HISTORY OF GREENE COUNTY.
ney at the bar of that place when appointed judge. He resided dur- ing his term of office at Uniontown, where he continued to live till his death in 1837.
James Lindsey was elected president judge at the election in 1861. He was a descendant of the first settlers. " Thomas Hughes, John Swan and Henry Vanmetre were," says Mr. Crum- rine, " among the first pioneers on the waters of Muddy Creek, com- ing thither from the Shenandoah Valley, in 1767-'68. Charles Swan, son of John, married Sarah, daughter of Henry Vanmetre, and their daughter Mary, marrying William Collins, became the mother of Annie Collins who married John Lindsey, and became the mother of James, the young judge. John Lindsey's father was James Lind- sey, a Scotchman, who, coming from Lancaster County very early, settled at Jefferson, Greene County, and married Mary, a daughter of Thomas Hughes, Jr., who had married a daughter of John Swan before mentioned. Hughes was Irish, Swan was Scotch, Vanmetre German, Lindsey Scotch-three nationalities well blended into one. John Lindsey, the Judge's father, was educated at Jefferson College, at Cannonsburg, was a leading politician, once sheriff, and twice prothonotary of Greene County."
Judge Lindsey was born November 21, 1827, was educated at Greene Academy, Carmichael's, and was admitted to the bar at Waynesburg in 1849. At the Angust term of 1864 he presided over the court at Washington, and though suffering from a slight attack of billions fever, he sat through the term, but on his way home was seriously attacked at Prosperity. IIe, however, reached his home a few miles out of Waynesburg, where he remained indis- posed, but not seriously so, until the 1st of September, 1864, when he suffered a relapse that terminated his life suddenly.
An extract from the minute entered upon the records of the Fayette County Court will show the estimation in which he was held by the bar. "By those unacquainted with him misgivings were natur- ally felt when the judical ermine fell upon one so young. *
* * But whatever fears Judge Lindsey's youth occasioned were quickly dissipated by masterly hand with which he laid hold of his offi- cial duties, and by the apparent ease with which he carried his great burdens."
Upon the death of Judge Lindsey, Governor Curtin appointed James Watson, of Washington, to fill the vacancy until the next general election; but Mr. Watson feeling himself disposed to decline the honor, J. Kennedy Ewing, son of Nathaniel Ewing, was com- missioned on Nov. 19, 1864, to serve until the election of 1865. The choice of the people in that election was Samuel A. Gilmore, who was commissioned for a third term, in that grave and responsi- ble office. By an act of the Legislature, of January 25th, 1866, a
290
HISTORY OF GREENE COUNTY.
new judical district was created, comprising the counties of Waslı- ington and Beaver, designated the twenty-seventh judicial district, the fourteenth retaining Fayette and Greene, over which Judge Gilmore continued to preside.
On the 3rd of November, 1873, a new constitution was adopted, which was to take effect on the 1st of January, 1874. By the terms of that instrument the Legislature was to re-district the State. This was done, and forty-three districts were formed, all counties containing forty thousand or more inhabitants to constitute a separate judi- cial district. The time of the beginning of the judicial term was changed, and instead of the first Monday of December it was to be the first Monday of January next succeeding the election. To fill ont the unexpired term the Governor appointed Edward Campbell, who was commissioned May 30, 1873, to serve until the first Mon- day of December, 1873. At the election held on the 6th of Novem- ber 1873, Alphens E. Willson was elected for the term of ten years, Judge Willson was a lawyer of acumen and served with credit to himself and advantage to his constituents. At the general election for 1883 James Inghram was elected. A full biography of the judge will be found among the sketches given further on in this book to which the reader is referred. The business of this judicial district having accumulated beyond the ability of a single judge to transact, it was provided by the act of June 15, 1887, that an additional Judge learned in the law should be elected for this district. Accordingly Nathaniel Ewing was appointed and commissioned on August 25, 1887, to serve until the next general election, when Judge Ewing was elected by the people and commissioned to serve for the full term of ten years. He belonged to the Fayette County bar and is of a judicial ancestry.
A complete list of President and Associate Judges, who have served in Greene County since its formation, has been prepared for iny use under the direction of Ex-Lient. Gov. Stone, now Secre- tary of the Commonwealth, from the records of his office, which is given below.
GREENE COUNTY-Formed of a part of Washington County, Feb. 9, 1796.
LIST OF PRESIDENT JUDGES.
Fifth District or Circuit-Consisting of the counties of West- moreland, Washington, Alleghany, Fayette, Greene and Crawford. Alexander Addison, August 17, 1791.
Fifth District -- Composed of the counties, Washington, Beaver, Alleghany, Fayette and Greene. Samuel Roberts. April 30, 1803.
Fourteenth. District-Composed of the counties of Washington, Fayette, Green and Somerset. Thomas H. Baird, Oct. 19, 1818.
291
HISTORY OF GREENE COUNTY.
Resigned Dec. 31, 1837, resignation accepted by the Governor, Jan. 3, 1838.
Fourteenth District-Composed of the counties of Washington, Fayette and Greene. Nathaniel Ewing, Feb. 15, 1838; Samnel A. Gilmore, Feb. 28, 1848; Samuel A. Gilmore, Nov. 6, 1851.
Fourteenth District Composed of the counties of Fayette and Greene. James Lindsey, Nov. 20, 1861; James Watson, Nov. 9, 1864, until the next general election. In place of Judge Lindsey, deceased, declined and commission returned. John Kennedy Ewing, Nov. 18, 1864, until the next general election; Samuel A. Gilmore, Nov. 7, 1865; Edward Campbell, May, 30, 1873, until 1st Monday in December, 1873. Alpheus E. Willson, Nov. 6, 1873; James Inghram, Dec. 11, 1883.
Additional Law Judge-Authorized by Act June 15, 1887. Nathaniel Ewing, Aug. 25, 1887, until 1st Monday in Jan. 1888; Nathaniel Ewing, Dec. 23, 1887.
GREENE COUNTY-List of Associate Judges.
John Minor, March 17, 1796. Some doubt having been entertained by Judge Addison, as to whether the commission issued to Judge Minor on March 17th, 1796, was constitutional, the same was com- municated by him to the Governor, who, to remove such doubt, (the Attorney-General being of the same opinion with Mr. Addison) is- sned a new commission to Judge Minor, dated the 28th of February, 1797. John Minor's resignation accepted Oct. 7, 1833. John Flen- niken, March 17, 1796; John Badolet, March 17, 1796; David Gray, March 17, 1796; Wm. Crawford, June 13, 1822; Asa McClelland, March 6, 1834; Samuel Black, Feb. 10, 1837; Asa McClelland, Feb. 28, 1842; Thos. Burson, March 3, 1843; Mark Gordon, Feb. 24, 1847; Thos. Burson, Feb. 15, 1848, Commission from March 3 next; Benj. Ross, Nov. 10, 1851; James Crea, Nov. 10, 1851; Jonathan Gerard, Nov. 12, 1856; Isaac Burson, Nov. 12, 1856; Jonathan Gerard, Nov. 23, 1861; Thos. P. Pollock, Nov. 23, 1861; George Haskinson, Nov. 8, 1866; Israel L. Croft, Nov. 8, 1866; Win. Cotterell, Nov. 17, 1871; Thos. Iams, Nov. 17, 1871; Wm. Braden, Dec. 8, 1876; Geo. Sellers. Jan. 9, 1876, until first Monday of Jan. 1878; Thos. Scott, Dec. 26, 1877; Wm. F. Scott, Jan. 8, 1879, until first Monday of Jan. 1880; Silas Barnes, Dec. 4, 1879; Jesse Philips, Dec. 8, 1881; John T. Elbin, Dec. 22, 1884; Bazel Gordon, Dec. 13, 1886.
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HISTORY OF GREENE COUNTY.
CHAPTER XIX.
VALUE OF EDUCATION-" ENOCH FLOWER " FIRST TEACHER -- FRIENDS' SCHOOL-COLLEGE ACADEMY AND CHARITY SCHOOL-FOUNDING COLLEGES -FOUNDING ACADEMIES - MEN AND WOMEN MAKE THEIR MARKS - RETARDING CAUSES -- INSTRUCT THIE " POOR GRATIS"-SPEECH OF STEVENS -- LAW OF 1834-OPPOSITION OF 1835 -- LAW OF 1836-GOVERNORS WOLF AND RITNER -- JOUR- NEY OF BURROWES-FIRST SCHOOL REPORT-OPPOSITION WHERE LEAST EXPECTED- GREENE COUNTY SLOW IN ADOPTING-SHOW- ING OF GREENE IN 1837-UTILIZING SCHOOL PROPERTY-SOLICI- TUDE FOR ITS SAFETY-1,000 DISTRICTS -- 700 IN OPERATION- BROAD PLANS OF BURROWES --- PROGRESS OF A PUPIL THROUGHI THE WHOLE-DEFECTS SHOWN BY FIFTEEN YEARS' TRIAL ---- RE- VISED LAW OF 1854-OPPOSITION TO COUNTY SUPERINTENDENCY -NON-ACCEPTING DISTRICTS-HONORABLE CHARLES A. BLACK, SUPERINTENDENT -- INDEPENDENT DISTRICTS-TRUE SPIIERE OF COUNTY SUPERINTENDENT-CIRCULAR LETTER-BENEFICIENT IN- FLUENCE OF LAW- RECOMMENDS NORMAL SCHOOLS - NORMAL SCHOOL LAW OF 1857-TEN SCHOOLS- ONE AT CALIFORNIA FOR THE TENTH DISTRICT-GROWTH-SCHOOL ARCHITECTURE-EDITED BY T. H. BURROWES-NO RETROGRADE STEPS-THE PEOPLES COL- LEGES-SOURCES OF BLESSINGS.
Nº TO subject can be of more vital importance to any people than that of a wise education of their youth. In presenting some account of the origin and progress of education in Greene County it will not be out of place to give a brief sketch of education in the State at large. At a meeting of the Council held at Phila- delphia ye 26th of ye 10th month, 1683, the following record was entered as shown by the printed Colonial Records, Vol. I, p. 91: "Present William Penn Propor. & Gov,-Tho. Homes, Win. Haigue, Win. Clayton, Lasse Cock. The Govr. and Provil, Council having taken into their Serious Consideration the great Necessity there is of a Scool Master for ye Instruction & Sober Education of Youth in the towne of Philadelphia, sent. for Enock flower, an In- habitant of the said Towne, who for twenty year past hath been exercised in that care and Imployment in England, to whom having communicated their Minds, he Embraced it upon these following terms: to Learne to read English 4s by ye Quarter, to learne to
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