USA > Pennsylvania > Lancaster County > History of Lancaster County : to which is prefixed a brief sketch of the early history of Pennsylvania > Part 18
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"May 10th, 1729, the House of Representatives waited on the Governor, and the Speaker presented a bill passed into a law, which was accordingly by the Governor passed into a law of this province. Be it enacted, That all and singular the lands within the province of Penn- sylvania, lying to the northward of Octoraro creek, and to the westward of a line of marked trees, running from the north branch of said Octoraro creek, northeasterly to the river Schuylkill, be erected into a county, and the same is hereby erected into a county, named, and from henceforth to be called Lancaster County ; and the said Octoraro creek the line of marked trees. From the sub- sequent organization of other counties the original boun- daries of Lancaster have been altered.
" At a council held at Philadelphia, Feb. 18, 1729-30 .- The Governor acquainted the board that whereas, by the law for erecting Lancaster county, John Wright, Caleb Pierce, Thomas Edwards and James Mitchell, or any three of them, are empowered to purchase for the use of the said county, a convenient piece of land to be ap- proved of by the Governor, and thereon to build a court house and prison, and that now the said John Wright, Caleb Pierce and James Mitchell, have by a certificate under their hands, signified that they have agreed upon a lot of land for the use aforesaid, lying on or near a small run of water, between the plantations of Rudy Mire,* Michael Shank and Jacob Imble, about ten miles
*Rudy Mire had settled here about the year 1712. It is said, his son Abraham was the eighth white child born in Lancaster county. Abraham was a minister of the Mennonite denomi- nation, and the first German Scrivener in Lancaster. Though
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from Susquehanna river, and prayed his approbation of the same. The Governor therefore referred the matter to the consideration of the board, whether the situation of the place those gentlemen had pitched on for a town might be fit to be confirmed, and that a town should accordingly be fixed there. But the question being asked to whom the land they had made choice of now belongs, and who has the property of it, because it may be in such hands as will part with, or at least, on reasonable terms for that use, and this not being known by any at the board, it was deferred till such time as that could be ascertained. But as it is presumed for any thing that is yet known, to be unsurveyed land, and that the right is only in the proprietor, it is the opinion of the board, that it is more proper to be granted by the proprietor for such uses, than by any other person.
Mem .- "The Governor having understood that the right of the land pitched upon for the townstead of Lan- caster, remains yet in the proprietaries, was advised to approve of the place agreed on by Messrs. Wright, Pierce and Mitchel, and the same was confirmed ac- cordingly by a writing dated May 1st, 1730.
According to tradition, it appears, "that on the division of the county, a contention arose as to the most suitable location for the seat of Justice. Wright's Ferry was
Abraham was a defenceless Mennonite, his son Christian took a decided and active part with the Whigs in the Revolution ; he was an officer in the army. The sword, with which he so val- iantly defended his country, was presented by his widow, to a relative, to Capt. George Eichholtz, while in the service of the United States in 1814.
John Jacob Eichholtz, grandfather of Capt. George, was married to Christian Meyer's sister. 4 Mr. Eichholtz was wag- onmaster at the time of Braddock's defeat; and it is said, upon good authority, the first brick-maker in Lancaster county.
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strenuously recommended. So confident was the first sheriff of the county, who resided at Wright's Ferry, that the seat would be fixed there, "that he had a strong wooden building put up near his residence, which was intended for the county jail. It is only a few years since this building was pulled down."*
"Postlewhait's, from its being an old settlement, (now Jacob Fehl's, Esq.,) the original site of an Indian wigwam, appearing to possess superior advantages, a temporary, court house of logs and jail were there erected." Courts, as will appear from the records, were held at Postlewhait's, till August term, 1730, and after- wards at Lancaster.
" Governor Hamilton made an offer of two places, the old 'Indian Field,' 'High Plain,' 'Gibson's Pasture,' 'Sanderson's Pasture;', the other the 'Waving Hills,' embosomed in wood, bounded by "Roaring Brook,' on the west. The road from Philadelphia to Harris's Ferry, passed through the centre. Gibson resided near a fine spring, with a large hickory tree before his door .- This was the favorite tree of the Indian tribe who lived in the vicinity, and were called by the whites from that circumstance, the 'Hickory Indians.'
"There were two swamps, one called the 'Dark . Hazel Swamp,'t nearly in the centre of the proposed
*Rev. D. Goheen.
+ "The Dark Hazel Swamp was attempted to be cleared from wood, and a drain made to carry off the water, in the year 1745."
NOTE .- "James, afterwards Lord Altham, was confined in the prison erected at Wright's Ferry. The history of this indi- vidual is curious, and illustrates the remark, "Truth is stranger than fiction." The individual, the subject of this note, came to this country in 1728, when quite young, and served his time as
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town; the other, 'The Long Swamp,' running from a south westerly direction through the northern limits to ' Roaring Brook.'"'
After the county had been erected, justices, sheriffs, and other officers appointed, a meeting was held the 9th of June, 1729, by magistrates and inhabitants of the county, to settle and agree upon the names and bounda- ries of townships. The following names and bounda- ries were agreed on, and confirmed by the Court of Quarter Sessions, held the first Tuesday in August, 1729.
DRUMORE .- The township of Drumore, beginning at the south line of Sadsbury by Octoraro, thence down the said creek to the province line towards Maryland, thence up the Sasquehanah to the mouth of Muddy run, thence by the said run to Richard Booson's land, and from thence on a direct course to the south-west corner of John Kyle's land on Sadsbury line, and by the said line to the place of beginning.
James Annesly, with a farmer on the Lancaster road. From some cause he ran away from his master ; and was caught and confined in the jail at Columbia. He was a fine singer, and the neighbors frequently visited the prison to hear him sing. The events of his life furnished the ground work for "Roderick Random," and the popular novel of "Florence Mc Cartey." The facts concerning this singular case are taken from the evidence given on his trial and may be relied on as authentic.
" Arthur Annesley (Lord Altham) married Mary Sheffield, natural daughter of the earl of Buckingham. By her, in the year 1715, he had a son, James, the subject of these remarks. In the next year, the parents had some differences, which ter- minated in separation. The father, contrary to the wish of the mother, took exclusive possession of his son James, and man- ifested much fondness for him, until the year 1722, when he formed some intimacy with Mrs. Gregory. His wife died *about the same time. Miss Gregory expecting now to become
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SADSBURY .- The township of Sadsbury, by the county line at the mountain which divides Octoraro and Pequea, thence westerly along the said mountain to the north- west corner of John Kyle's land, thence by said land to the south-west corner, and from thence south 200 perches, thence east to Octoraro, thence up the said county line, and along the said line to said place of beginning.
MARTOCK .- The township of Martock, beginning at the mouth of Muddy run, thence up Sasquehanah to Pequea, thence up Pequea to the mouth of Great Beaver creek, thence up the said creek to Sadsbury line, thence by the said line to John Kyle's corner aforesaid, thence by Drumore township to the place of beginning.
CONOSTOGA .- The township of Conostoga, begin- ning at the mouth of Pequea, thence up Sasquehanah, to said mouth of Conestogoe creek, thence up the said creek to the mouth of Mill creek, thence by a direct line
his wife, exerted herself to alienate his affections from his son, by insinuating that he was not his lawful child. She succeeded to get him placed from home, at a school in Dublin. In No- vember, 1727, Lord Altham died; and his brother Richard wishing to possess the estate and title, took measures to get rid of his nephew, James, by having him entered on board of an American vessel which sailed from Dublin in April, 1728. He was landed at Philadelphia, then in his thirteenth year, and sold as a redemptioner! and actually served out twelve years of his time in rough labor, when a seeming accident, in the year 1740, brought him to such acquaintances as led, in the next year to his return home. The case was as follows :- Two Irishmen, John and William Broders, travelling the Lancaster road in 1740, stopped at the house near the forty mile stone, where James was in service with an old German. These coun- trymen entering into conversation perceived that they were severally from Dumaine, in the county of Wexford, and that James Annesly was the son of Arthur. The two Broders vol- unteered to go back to Ireland, and testify to the discovery, 21*
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to Pequea at the mouth of Beaver creek, thence down Pequea to the place of beginning. *
HEMPFIELD .- The township of Hempfield, beginning at the mouth of Conestoga, thence up Sasquehanah to Chickasalunge, thence up the said creek to Peters' Road by the Log Cabins, thence to Little Conestoga, and down the same to the Manor line, and thence down the said line to Great Conestoga, and down the same to the place of beginning.
DONEGAL .- The township of Donegal, beginning at the mouth of the Chickasalunge, thence up the East Branch to Peters' Road, thence (taking in the present inhabitants) on a northerly course to Conewago, thence by the same and the said river to the place of beginning.
DERRY .- The township of Derry, beginning at the mouth of Conewago, thence up Sasquehanah to the
which they had made, and actually kept their word, and ap- peared as witnesses at the trial which afterward occurred. James subsequently stated his case to Robert Ellis, Esq., of Philadelphia, who compassionately heard his case, procured a passage for him to Admiral Vernon, then in the West Indies, by whom he was afterwards landed in England. But shortly after James had arrived in London, he unfortunately killed a man, for which he had to stand a trial. He was acquitted not- withstanding the efforts of his unnatural uncle to have him convicted. An action was then brought against the uncle, Lord Altham, and went to trial in November, 1743, and the verdict was given in favor of James, our redemptioner. The uncle appealed to the house of Lords; and while the case was pending James died, leaving his uncle in quiet possession of his ill-gotten estate, and who while he continued to live, which was not long, exhibited the spectacle of the finished villain in the Irish nobleman."-Columbia Spy, vol. 2d, No. 35.
*NOTE .- Conestoga was originally organized, about 1712- prior to 1719, it was divided into East and West Conestoga. David Ferree was the first Constable of East Conestoga, and James Hendricks, of West Conestoga.
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mouth of Suataaro, thence up Suataaro to the mouth of Quetopohello, thence south on a direct line to Conegawo, and down the same to the place of beginning .*
PESHTANK .- The township of Peshtank,t beginning at the mouth of Suataaro, thence up the river to Keh- tohtoning hill above Peter Allens, thence eastward by the south side of said hill to the meridian of Queto- pohello mouth, thence on a south course to the mouth of the same at Suataaro, and down Suataaro to the place of beginning.
LEBANON .- Lebanont township, beginning under the aforesaid hill at the north-east corner of Peshtank, thence by the said hill easterly to the meridian of the west line of Tolpehockan manor, thence southerly and by the said line to the hills bounding Warwick township, thence by the said hills and township westerly to the corner of Derry on Conewago, thence northerly by Derry and Peshtank to the place of beginning.
EARL .- Earl township, beginning at Peters' Road by Conestogoe creek being a corner of Leacock township, thence up Conestogoe creek and up Muddy creek to the Indian Path, thence along the southern branch of said creek to the brow of Turkey hill, thence southerly in a direct course to the north-east corner of Thomas Ed- wards' land and by the said land southerly over Cones- togoe creek to another corner of said land, thence on a direct course to the corner of the west line of Nathan Evans' land, thence by the said land and along southerly to the top of the mountain, thence westerly along the
*Now in Dauphin county. +Now in Dauphin county. #Now in Lebanon county.
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said mountain by Salisbury line to David Cowen's west corner, thence to Peters' Road and along the same to the. place of beginning.
WARWICK .- Warwick, township, beginning by Cones- toga creek at a corner of Manheim township by Peters' Road, thence up by the west side of Conestoga to Hans Graff's mill, thence up a northerly branch to David Preist's mill, thence westerly along the hills by Lebanon township to Derry, thence southerly by Donegal to the aforesaid road, thence along the said road easterly to the place of beginning.
MANHEIM .- Manheim township beginning by Peters' Road at a corner of Donegal and Warwick townships near the head of Little Conestoga creek, thence down the said road by Warwick township to Conestoga creek, thence down the said creek to the Old Doctor's* Ford, thence westerly by Lancaster township on a direct line to Little Conestoga at the upper side of Peter Bom- garner's land, thence up the said creek to the place of beginning.
LANCASTER .- Lancaster township, beginning at the Old Doctor's Ford, thence down the west side of Cones toga to the Manor line, thence by the said line to Little Conestoga, thence up the said creek by Hempfield township, thence by the said township to the place of beginning.
LEACOCK .- Leacock township, beginning at the mouth of Beaver creek, thence up the east side of Pequea to Philip Feire's lower corner, thence west by Lampeter township to Conestoga creek at the upper corner of George Bard's land, thence up the said creek to Peters' Road, thence easterly along the said road by Earl town- ship to David Cowen's land, thence southerly and wes-
*Hans Henry Neff, Doctor of Physick.
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terly by Salisbury, Sadsbury and Martick townships to the place of beginning.
LAMPETER .- Lampeter township, beginning at the mouth of Mill creek at a corner of Conestoga township, thence up the east side of Conestoga creek to Leacock township, thence easterly by the said township, Pequea, thence down Pequea by the said township, Beaver creek, thence by Conestoga township to the place of beginning.
SALISBURY .- Salisbury township, beginning at the county line at the north-easterly corner of Sadsbury township, thence northerly along the said line to the mountains at Brandywine head, thence westerly by Caernarvon township along the said mountain to a corner of Leacock township by David Cowen, thence by the said township southerly to the east line of Thomas Story's land, thence continuing by the said township along another mountain to Sadsbury line, thence to the said line easterly to the place of beginning.
CAERNARVON .- Caernarvon township, beginning at the county line at a corner of Salisbury on the moun- tains, thence northerly along the said line to the north- east corner of Cadwaleder Elis's land, thence westerly by - township along a ridge of mountains to Earl township at the north-east corner of Thomas Edwards? land, thence southerly by the said township to the corner of Leacock and Salisbury township, thence easterly by Salisbury and along the said mountain to the place of beginning.
Several extracts from the early court records are presented, which will, it is believed, be read with some - interest.
At a court of General Quarter Sessions of the
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Peace held at the house of John Postlewhait* in the township of Conestoga, for the county of Lancaster, the fifth day of August, in the third year of the Reign of our Sovereign Lord, the second by the grace of God of Great Britain, France and Ireland, King, Defender of the Faith, &c. Before John Wright, Tobias Hendricks, Andrew Cornish, Thomas Read and Samuel Jones, Esquires, Justices of our said Lord, the King, the peace of our same Lord, the King, in said county, aforesaid, to keep, as also divers felonies, tresspasses, and other mis- demeanors, in the said county, committed to hear and determine assigned, &c.
The court being opened, the sheriff, to wit, Robert Barber, Esq., returns the writ of Venire Facias to him directed, with the panel thereunto annexed, and the following persons were sworn and affirmed on the Grand Inquest, viz: James Mitchell, George Stuart, Edward Smout, Edmund Cartlidge, James Patterson, Andrew Galbraith, John Hendricks, James Hendricks, Thomas Baldwyn, James Roddy, Francis Jones, Samuel Taylor, Patrick Campbell, William Hey, John Gail- braith, Matthew Atkinson, Ephraim Moor.
DOMINUS REX, US. MORRIS CANNADY.
And now, at this day, Morris Cannady, being indicted by the Grand Inquest for this county, for having feloni-
Postlewhait's, in Conestoga township, 7 S. W. from Lancas- ter, now Jacob Fehl's. On John Postlewhait's decease, Charles Norris, and other persons, Trustees for the General Land Office, sold Postlewhait's farm to Joseph Pugh, of Lancaster, in June 1756. Pugh sold to Tobias Stoneman the same month, to whom the children of Postlewhait, namely, Susana, married to Benjamin Price, John, Samuel and Edmund, released, Oct. 28th, 1761. Stoneman sold in 1762 to Andrew Foehl, grand- father of Jacob Fehl, Esq. This farm has been held rising of 80 years by the Fehls,
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ously taken and carried away fourteen pounds, seven shillings, the goods and chattels of Daniel Cookson, was brought to the bar in custody of the sheriff, and being asked how he would hereof acquit himself, pleaded thereunto instantly not guilty, and for trial put himself upon the country, and Joseph Growdon, Jr., Esq., who, for our Sovereign Lord, the King, this behalf prosecutes in like manner; and thereupon a jury being called, im- mediately came in, viz: John Lawrence, Robert Black- shaw, Thomas Gale, John Mitchell, Joseph Burton, Edmund Dougherty, Richard Hough, Joshua Minshall, Richard Carter, Joseph Worke, David Jones, Lawrence Bankson, who the truth of and upon the premises being duly elected, tried, sworn or affirmed upon their oath or affirmation, respectively do say, that the said Morris Cannady is guilty of the felony as in manner and for as he stands indicted; and thereupon it is considered by the court that the said Morris Cannady pay to the Go- vernor, for the support of this Government, (the money stolen having before been restored unto the said Daniel Cookson, the right owner thereof) the sum of fourteen pounds, seven shillings, and that he further pay the costs of this prosecution, together with two pounds, eighteen shillings, by the court allowed, the said Daniel Cookson, for his loss of time, charges and disbursements in the apprehending and prosecuting the said Morris Cannady, and that the said Morris stand committed to the custody of the sheriff of this county, until he make satisfaction for the same aforesaid by the court in manner aforesaid adjudged, and moreover shall be publickly whipped on his bare back with twenty-one stripes well laid on.
Upon the petition of Morris Cannady, setting forth that he hath no estate or effects whatsoever, to satisfy the
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fine to the Honorable, the Governor of this province, and to discharge the costs of prosecution against him, and humbly praying the relief of this court in the premises; it is therefore ordered per curia, that the said Morris be sold by the said sheriff of this county, to the highest bidder for any term not exceeding six years, and that the money thence arising be applied for or towards payment of the fine and costs aforesaid; and that the sheriff make return of his doings herein to the next court.
1730, November 3 .- At a court held at Lancaster .-- Robert Barber, late sheriff of the county, reports to the court, that pursuant to a former order he had sold Morris Cannady for the time limited by said order to one John Lawrence, of Peshtank, for sixteen pounds, of which sum he had only received the value of fourteen pounds, five shillings, and the said John being insolvent, the remainder could not be had; he, therefore, prays this court would order the costs of suit and other charges against said Canady to be settled and the state thereof represented to the Governor that the said sheriff may be no further liable than he hath effects to answer.
Ordered, per curia, that Tobias Hendricks and An- drew Galbraith, Esqrs., settle the said accounts and certify their proceedings to the Governor in behalf of said sheriff, according to his prayer.
To completely organize the townships after their erection, the court, at the session for August, 1729, made the following appointments, viz: For Hempfield town- ship, Joshua Low, for John Brubaker, constable; Ed- mund Smout, over-seer of the poor; Joshua Law and Henry Neiff, supervisors. Conestoga, Albert Hendricks, constable; David Jones, over-seer of the poor; John Linville, supervisor. Martock, George Littleton, con-
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stable. Drumore, Patrick Ewings, constable. Sads- bury, Robert Young, constable. Leacock, Henry Jones, for Hans Good, constable; Israel Robinson and Daniel Fiere, supervisors. Lampeter, John Wall, for Wendel Bowman, constable; Stephen Atkinson, over-seer of the poor; Edmund Cartledge and Adam Brand, supervisors. Manheim, Thomas Gall, constable ; Thomas Thornbury and John Mire, supervisors. Salisbury, James Gaut, constable. Warwick, Richard Carter, constable. Co- calico, Edmund Carpenter, constable. Earl, Martin Grove, constable. Lebanon, John McCurry, constable. Robinson, Francis Hughes, constable. Tulpehocken, . Michael Shaver, constable. Carnaervon, George Hud- son, constable. Peshtank, Thomas Garner, constable; Peter Allen, overseer of the poor. Donegal, Patrick Campbell.
Petition presented to court by the subscribers, "pray- ing that they may be recommended to the Governor as suitable persons to trade with the Indians," was allowed per curiam.
James Pattison, Edmund Cartledge, Peter Chartier, John Lawrence, Jonas Davenport, Oliver Wallis, Patrick Boyd, Lazarus Lowry, William Dunlap, William Bes- wick, John Wilkins, Thomas Perrin, John Harris.
At the same session petitions were presented to the court praying to be recommended to the Governor as proper persons to keep public houses of entertainment, which were severally granted per curiam, in favor of John Postlewhait, John Miller, Jacob Funk, Christian Stoneman, Jacob Biere, Edmund Dougherty, Samuel Taylor, Francis Jones, Mary Denny.
Upon the petition of divers inhabitants of this county setting forth the necessity of a high-way through Hemp- field township, from the first unsurveyed land near Sas-
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quehannah to Christian Stoneman, his mill, and from the said mill to Daniel Cookson's, at the head of Pequea and praying that fit persons may be appointed to view and lay out the same accordingly. It is ordered per curiam that Edmund Cartledge, William Hughes, Charles Jones, Henry Neiff, John Brubaker and James Pattison, do view the place, and if they, or any four of them are satisfied that there is occasion for the said road, they lay out the same and make return by course and distance under their hands to the next court.
WHEREAS, At a meeting of the magistrates and others at the house of John Postlewhait, on the ninth of June past, (1729) it was agreed that for the present supply of this county, the sheriff should erect a building sufficient to hold prisoners and should be allowed towards defraying the expense, the sum of five pounds, public money-which building is now nearly built. It is there- fore agreed and ordered by this court that the said sheriff shall with all expedition finish the said building which when finished shall thenceforth be reputed the common jail of the county of Lancaster, till the prison be built, and with this order the sheriff agrees.
November 4, 1729 .- The court appointed, ordered that, Tobias Hendricks and Andrew Galbraith, view the prison and make report to the county and assessors, accordingly, &c.
From the following extracts-May term, 1730-it will be seen that Lancaster county had, at an early day, a good supply of places to "to sell rum by the small''- these are the words of the petitioners.
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