USA > Pennsylvania > Huntingdon County > History of Huntingdon County, in the state of Pennsylvania : from the earliest times to the centennial anniversary of American independence, July 4, 1876 > Part 8
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HISTORY OF HUNTINGDON COUNTY.
but they were probably sufficient when compared with the population, as the county contained, at the enumeration in 1790, but 7,565 inhabitants, of whom probably not more than two-thirds were within its present limits. In 1793 it con- tained 1,717 taxables. But before the year 1798 three new districts had been formed, and afterwards others were cre- ated almost annually. It was not many years until the Legislature commenced the making of districts out of single townships.
Immediately after the erection of the county, offices were established for the transaction of the public business and appointments made to fill them.
Lazarus B. McClain was appointed Clerk of the Court of Quarter Sessions, Orphans' Court, Justice of the County Court, and Prothonotary, and was commissioned September 25th, 1787.
Andrew Henderson was appointed Recorder of Deeds, Register of Wills, etc., and Justice of the County Court, to which offices he was commissioned September 29th, 1787, and Prothonotary, to which he was commissioned Decem- ber 13th, 1787.
Benjamin Elliott was appointed Sheriff and commissioned October 22nd, 1787, and Lieutenant of the county, commis- sioned November 30th, 1787.
Robert Galbraith was appointed President of the County Court of Common Pleas, Orphans' Court, and Court of Gen- eral Quarter Sessions of the Peace and Jail Delivery, and commissioned November 23rd, 1787.
Thomas Duncan Smith, of the town of Huntingdon, John Williams, of Huntingdon township, Thomas McCune, of Tyrone township, and William Phillips, of Woodberry township, were commissioned Justices of the county, No- vember 23rd, 1787.
Samuel Thompson was appointed Coroner, and commis- sioned November 30th, 1787.
David McMurtrie was appointed Treasurer and filed his bond, with Samuel Anderson and Alexander Dean as sure- ties, December 5th, 1787. He resigned the office soon after,
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however, the renunciation of the Commissioners releasing him and his sureties from further liability on the bond being dated June 28th, 1787.
The house of Ludwig Sell, in which the act of Assembly erecting the county provided that the courts should be held, was situated on the southern end of lot number 7, in the plan of the town, fronting on Allegheny street, between St. Clair and Smith, now Second and Third streets. It was a double two-story log building, kept as a tavern by Sell, and was the first public house in the place. The room in which the courts sat, the largest in it, was at the lower or eastern end. It afterwards passed into the possession of - Haines, who also kept a tavern. The lot is now owned by Mr. Thomas Fisher, by whom the old building has been torn away and a spacious brick dwelling erected, fronting on Penn street.
The first court house built by the county stood in Third street, between Penn and Allegheny, about fifteen feet from and fronting towards the former. It was a substantial three-story brick edifice. One of the stories was a basement, having an entrance from the southern side, in which were the offices of the Prothonotary, Register, Recorder and Clerks of the Courts. Some time after its erection, a bell was placed upon it for the purpose of calling the courts, but previously it had been customary to escort the justices to the court house with the fife and drum, and suitors, jurors and witnesses were summoned to their duties by the same music.
The bell was a large one, weighing two hundred and fifty four pounds, and had inscribed upon it: "Cast by Samuel Parker, Philadelphia, 1798. William Smith, D. D. to the Borough of Huntingdon, Juniata." After the demolition of the building, in May, 1848, the bell was placed upon the public school-house and was used until December 12th, 1861. That being a frosty morning, on ringing for school, it was broken.
The present court house stands upon the northern side of Penn street, between Second and Third, occupying the lots
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from 31 to 34, inclusive. These lots, before becoming the property of Huntingdon county, were owned by Stephen Drury and John Cadwallader, the former owning lot No. 31 and the latter owning Nos. 32, 33 and 34. On the 6th of August, 1793, Cadwallader executed a mortgage to the com- missioners of the county, for the use of the Commonwealth, on his lots, for $300, and on the 31st of the same month, Drury executed a similar mortgage for $100. In 1839, the Legislature passed a resolution, which was approved by Governor Porter on the 25th day of June, in that year, transferring, the "lien, right, title and claim of the Common- wealth of Pennsylvania of, in and to" the lots, under the mort- gages, to the "county of Huntingdon, for the use and purpose of building by said county of a court house and other necessary buildings for the said county, therewith and thereon, and for such other uses as the commissioners of said county shall hereafter determine." A writ of scire facias had been issued on the Cadwallader mortgage in 1810, and judgment obtained, which had been revived at various times before the transfer to the county. It was again revived in 1839, when the debt amounted to $1,943.25. The lots were then sold at Sheriff's sale, and bought by the county commissioners for $1,000. A scire facias was issued on the Drury mortgages in the same year, and judgment obtained for $325.50, on which the lot was sold and bought by the commissioners.
The building was commenced soon afterwards, and was completed in 1842. Its location, although not central, as the town has developed itself during the last ten years, is convenient for those whose business requires them most frequently to be there. Some improvements are needed and have been in contemplation, and after they shall have been made, it will probably be many years before a re- moval will be seriously urged.
The surroundings of the court house are pleasant, and, in the summer, beautiful. In front of it, on Penn street, are two parallel rows of white maples, which cast a deep shade when in their verdure. Within the enclosure are a number of trees of the same species.
G
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HISTORY OF HUNTINGDON COUNTY.
The necessity for a jail began quite as early as that for a court house. A building that had been erected before the formation of the county was first used for the purpose. Its location is now unknown. In a letter written at that time, it is mentioned as a "block-house." It may have been the re- mains of the old fort built during the Revolutionary war.
On the 25th of August, 1791, in pursuance of the agree- ment under which Huntingdon had been made the county seat, Dr. Smith conveyed lot No. 41 to Benjamin Elliott, Ludwig Sell, George Ashman, William McAlevy, Richard Smith and Andrew Henderson, trustees, as a site for a county prison. A log jail was erected thereon, which, after standing some years, was destroyed by fire. There was a prisoner in it at the time, whom it was impossible to rescue, and he was burned with the building. This lot was on the east side of St. Clair (now Second) street, directly opposite the end of Hill, now Penn, the latter, according to the plan of the town, extending only to the former street. The turnpike, when made through Huntingdon, was passed over this lot, and it has become a continuation of the street to- wards Stone creek.
The next jail was erected in Smith (now Third) street, north of Mifflin. It was a small stone structure, standing back against the hill, with a yard in front of it, running down towards the street.
In 1829, it gave place to the present prison, which stands south of the old site, on the line of Mifflin street, the yard extending back to Church street. It is doubtful whether this building is a fair specimen of the architecture of the day in which it was built. It certainly compares very unfavor- ably with the prisons of later times, and the health and safety of prisoners can only be secured by the erection of a new one.
Having undertaken to give the history of only the territory now embraced within Huntingdon county, we will follow the various steps by which its boundaries have been ascertained and defined, and its area reduced to its present limits.
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HISTORY OF HUNTINGDON COUNTY.
On the 3d day of April, 1789, the Supreme Executive Council appointed Benjamin Elliott, of Huntingdon, Mat- thew Taylor, of Bedford, and James Harris, of Cumberland county, to run and ascertain the boundaries of Huntingdon county.
The county of Mifflin was erected on the 19th day of Sep- tember, 1789. When an attempt was made to run the boundary line between that county and Huntingdon, a dispute arose con- cerning a small strip of territory that was claimed by both. The sheriff of the latter, on going upon the disputed ground to serve writs that had been placed in his hands, was con- fronted by a party that had assembled for the purpose of re- sisting him in the execution of his official duties, taken into custody and incarcerated in the Lewistown jail. He was re- leased from imprisonment on a writ habeas corpus, and sub- sequently returned to the place with the posse comitatus. The people again assembled to make a resistance, but they and the sheriff's posse failed to meet, and further violence was avoided.
These difficulties were settled by legislative action. On the first of April, 1791, an act was passed reciting that some dissatisfaction hath arisen respecting the boundary line be- tween the counties of Huntingdon and Mifflin, on the south side of the river Juniata, which was run in the year one thou- sand seven hundred and eigthy-nine, "designating where the line should be, and appointing commissioners to run it."
By another act, passed March 29th, 1792, a new designa- tion was given to the line, as follows : "A straight line, be- ginning in the middle of the Water Gap in the Tuscarora mountain, and from thence to the river Juniata, in such direction as to include Joseph Galloway's farm within Hun- tingdon county, at the mouth of Galloway's run, shall be the line between Huntingdon and Mifflin counties." This was the end of the controversy.
The original territory of Huntingdon county has been much reduced in extent by the formation of new counties. A part of it was taken in the erection of Centre, February 13th, 1800. The line between the two counties was fixed,
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by Act of January 7th, 1801, as beginning " at a point on the Tussey's mountain, three miles south-west of the line which divided Mifflin and Huntingdon counties, thence by a direct line to the head of the southwest branch of Bald Eagle creek, and thence a direct line to the head waters of the Moshannon." Further reductions were made by the erec- tion of Cambria county, March 26, 1804, and of Blair, Feb- ruary 26th, 1846.
CHAPTER XIV.
A TEMPEST IN POLITICS-ADOPTION OF THE CONSTITUTION OF THE UNITED STATES-OPPOSITION TO IT IN HUNTINGDON COUNTY-GENERAL WILLIAM M'ALEVY-HIS POLITICAL INFLUENCE-ARMED INTERFERENCE WITH THE PUBLIC OFFICERS IN THE PERFORMANCE OF THEIR DUTIES-TURBULENT INTERRUPTION OF TIIE COURTS-ARRESTS AND RESCUES-MUSTER OF COL. CANNON'S BATTALION-ASSAULT AND BATTERY UPON BENJAMIN ELLIOTT- THE MILITARY RETIRES FROM THE FIELD-MORE ARRESTS-DESTRUCTION OF WARRANTS AND INDICTMENT-OBLITERATION OF THE RECORDS OF THE COURT OF QUARTER SESSIONS-SECRETION OF SMITH AND FLIGHT OF HEN- DERSON-ACTION OF SUPREME EXECUTIVE COUNCIL-FURTHER VIOLENCE- M'ALEVY AND THE MOB-THE STORM SUBSIDES.
The adoption of the Constitution of the United States was almost cotemporary with the formation of Huntingdon county. A convention of delegates from all the States met at Philadelphia, in May, 1787, to revise the articles of confed- eration. The result of their labors was the framing of an en- tirely new constitution, which was signed on the 17th of Sep- tember. It was presented to Congress by the convention and submitted by that body to the several States for ratifica- tion. The convention of Pennsylvania to take action in re- gard to its acceptance or rejection met in the same year. Benjamin Elliott, of Huntingdon, was one of the delegates.
The new Constitution was scarcely satisfactory to any party, and very objectionable to some. It was a document of concessions and compromises, rendered necessary by con- flicting viewsand interests, and was bitterly opposed by many of the people of the country.
In Huntingdon county, this opposition became violent and riotous. The leader in it was General William McAlevy, who had acquired a military title during the Revolutionary war, being mentioned as Colonel McAlevy in the records of that struggle and in connection with the alarms caused by the Tories and Indians." He then acted the part of a patriot,
* On Thursday, July 13th, 1876, after this chapter was written, as workmen were tearing down the old house at the northwest corner of Second and Penn streets, in Huntingdon, they discovered under a
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all of his efforts being directed towards the advancement of the cause of independence. His residence was at McAlevy's Fort, in Standing Stone valley, a place that still bears his name. At or previous to the adoption of the constitution, he became a Democrat, and had numerous followers, over whom he exercised almost supreme control. As illustrating his political influence among the people of that valley, it is said that one of his Democratic neighbors, on being asked what he was going to do in reference to a pending election,
window sill a letter which proves to be quite a relic of General McAlevy. At the time of its date McAlevy's fort was in Barree town- ship, and McAlevy was a captain in command of a company.
BARREE TOWNSHIP, 9th July 1776.
COLONEL PIPER
Sir: I have the pleasure to acquaint you that on the Eighth of this Instant at a full meeting of my company that I mead the resolve of the Congress of the fifteenth of May fully known to them-and they unanimously Gave me their opinions that all Power and Authority Derived from the Crown of Great Britain should be totally Dissolved And are fully Resolved to Risk all that is Dear and valuable. I am Sir your Most Humble Servant WM. MCALEVY.
Sir. I would Be Glad how soon you could send Drum and Cullers.
This letter was folded and had been sealed with a wafer, and on the outside was directed as follows :
To COL JOHN PIPPER of the Battallion in Bedford County.
The following interesting speculations, concerning this letter and the house in which it was found, are from the Huntingdon Globe:
" The question arises, how did this letter get into this old house ? The house is on the northwest corner of 2d and Penn Streets just angling across the way from the Benedict property. It has been in the possession of John Simpson and his heirs since May 31st, 1793, when it was purchased from one Haines who had built the house, but left it unfurnished. Haines had bought the land in 1773, and the house may have been partially built when the letter was written. Did it get there while Haines yet owned it? Or did it get there after the war when Simpson owned it, and if so, how did Col. Piper's letters get to this place where he never lived ? These questions will never be answered satisfactorily. Simpson was a military man, and his father-in-law, Col. James Murray, was with Piper in the army, and it may be the letter was carried there by one of these men. At all events it is a most singular coincidence that it should turn up just one hundred years and four days after it was written-probably ex-
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replied that he didn't know, as he hadn't seen the Gin- eral yet.
The excitement of the times led to attempts by large bod- ies of armed men to obstruct the performance of public duty by the officials of the county, and to the offering of the grossest of indignities to them personally. Col. John Can- non, member of the Supreme Executive Council from Hun- tingdon county, was the first against whom there was any manifestation of enmity. On the first day of the court in March, 1788, a number of men bearing bludgeons and car-
actly one hundred years after Piper opened it, it was opened again. Though there are some orthographical errors, yet the penmanship is excellent, though the paper is brown as roasted coffee. The letter is now in the possession of George T. Warfel, coal merchant in this town. It, as well as many other relics of the past which might yet be collected, ought to be carefully preserved in a county museum."
The " resolve of Congress," to which General MeAlevy referred, was as follows :
IN CONGRESS, May 15, 1776.
Whereas, his Brittanie majesty, in conjunction with the lords and cemmons of Great Britain, has, by a late act of parliament, excluded the inhabitants of these United Colonies from the protection of his crown: And whereas, no answer whatever, to the humble petitions of the colonies for redress of grievances and reconciliation with Great Britain, has been, or is likely to be given, but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the de- struction of the good people of these colonies. And whereas, it ap- pears absolutely irreconcilable to reason and good conscience, for the people of these colonies, now to take the oaths and affirmations necessary for the support of any government under the crown of Great Britain; and it is necessary that the exercise of every kind of authority under the said crown should be suppressed, and all the powers of government exerted, under the authority of the people of the colonies, for the preservation of internal peace, virtue and good order, as well as for the defence of their lives, liberties and proper- ties, against the hostile invasions and cruel depredations of their enemies. Therefore,
Resolved, That it be recommended to the respective assemblies and conventions of the United Colonies, where no government suf- ficient to the exigencies of their affairs has been hitherto established, to adopt such government as shall in the opinion of the representa- tives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.
By order of the congress.
JOHN HANCOCK, President.
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rying an effigy of Colonel Cannon, entered the town. Justices Phillips and Henderson left the bench, the courts being then in session, and met the mob at the Upper end of Allegheny street and endeavored to dissuade them from a disturbance of the peace, which they seemed to have in contemplation. This effort, however, was unsuccessful. They marched down street to the house in which the courts were sitting. There they made so much noise that it was impossible to proceed with business, and after they had been several times warned to desist from this outrage, the sheriff was directed to arrest the one who seemed the most turbulent and commit him to prison. When he had been taken into custody, a riot ensued, and he was rescued by those who were acting with him in this violation of the law. An indictment was immediately drawn against the principals, presented to the grand jury, returned a true bill, and entered upon the records of the Court of Quarter Sessions; but as preparations could not then be made for trial, the case was continued until the next sessions.
In the following May, a battalion of militia, which had been organized by Benjamin Elliott, Lieutenant of the county, was ordered to assemble in Hartslog valley. Some of the riotous element was present, and after falling into ranks made an objection to mustering under Colonel Can- non and Major Spencer, two field officers who had been commissioned when the battalion belonged to Bedford county, and who, it was alleged, had not been fairly elected ; Col. Woods, then Lieutenant of that county, having ob- tained the return of such men as pleased himself. An as- sault was made upon Colonel Elliott, and he received many severe blows from several persons. A friend of his who undertook to protect him and restore order, was treated in the same violent manner. Elliott, in an account of this affair, says that "they met, some for the purpose of doing their duty, and others for the purpose of making a riot, which they effected, about the Federal Government, in which riot I was very ill-used by a senseless banditti, who were inflamed by a number of false publications privately
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circulated by people who were enemies of the Federal Gov. ernment."
A commander was then selected for the battalion, who, according to previous arrangement, ordered that all who were unwilling to serve under the field officers heretofore named should withdraw from the ranks. More than one- third of those in line marched out and formed a new line in front of the rest. Col. Elliott and the field officers, finding that the roll could not be called, and that to remain longer would be unavailing, retired from the field, accompanied by that part of the battalion which had shown a disposition to render obedience to those who had a right to command them.
A few days afterwards warrants were issued by Thomas Duncan Smith, one of the Justices, for the arrest of three of the leaders in this demonstration. The prisoners were taken by the constable before Thomas McCune, another Jus- tice, who merely required them to enter into their own re- cognizances for their appearance in five days before Justice Smith. In the meantime, they gathered a large force of men, and when they came before the Justice on the day ap- pointed, his office was instantly filled by the crowd. They refused to give bail, and insisted that they should be com- mitted. As he was aware of their designs, and as he was unwilling to give them a pretext for the commission of fur- ther outrages, he declined to comply with their request. There was, besides, no safe prison in the county, none hav- ing been yet erected. He reminded them of this, that the jail was but a " block-house," and told them that, as two of them were owners of real estate, and that as it was but eight days until the June sessions of the court, he would release them without security. Finding that he was unalterable in his determination, one of them, who was subsequently dis- covered to have a cutlass concealed under his coat, grossly insulted him, and threatened him with violence.
The accused and the crowd left the office and the town, and in the afternoon, about one o'clock, returned, more than ninety in number, sixty of them armed with rifles and mus-
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kets and the remainder with clubs, scalping-knives and tomahawks. They marched down Allegheny street to Sec- ond, up Second to Penn, up Penn to Diamond, where they formed into a circle. Justice Smith was then called into the centre, and it was demanded that he would tear up the warrants upon which the arrests had been made. He re- fused to do so ; but having them in his pocket, he delivered them to one of the leaders. They were then passed into the hands of a man who must have been the greatest desperado of the party, as he had previously presented a rifle three times to Justice Smith's breast, and was only prevented by the interference of others from taking the Justice's life. He stepped from the ranks, and tearing the warrants, threw some of the pieces at the Justice, saying, " see now what it is to be a magistrate."
The Clerk of the Court of Quarter Sessions was next re- quired to deliver to them the indictment that had been found at the March sessions. It was also destroyed.
Justices Smith and Henderson having gone to the house on Allegheny street in which the courts were held, were followed by a number of armed men, who demanded pos- session of the Quarter Sessions docket. On obtaining it, they obliterated the record of the proceedings against the rioters, the part which was obnoxious to them.
The compliance of the officers with these demands was compelled by intimidation and threats. The order-loving portion of the community was completely overawed.
Information was then brought to Smith and Henderson that personal injury was intended them. Both sought safety, the former by secreting himself and the latter by flight. Their own houses and several others were searched for them. The Sheriff and David McMurtrie, the latter of whom had incurred their enmity at the review, had gone from town the day before, and avoided unpleasant conse- quences to themselves. Two constables were obliged to leave their homes to save their lives. The Sheriff could not with safety go into the country to serve writs, and all kinds of business was affected by this unhappy state of affairs.
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Another visit was feared, and on the 5th of June, 1788, a full statement of these occurrences was sent to the Council, with the assurance that without the interposition of the gov- ernment, order could not be preserved.
The Council took action in regard to the matter on the 25th of June. The Chief Justice and one of the Judges at- tended, and a conference was held relative to these disturb- ances. The following were the proceedings, as found in the minutes :
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