History of Lehigh county, Pennsylvania and a genealogical and biographical record of its families, Vol. I, Part 34

Author: Roberts, Charles Rhoads; Stoudt, John Baer, 1878- joint comp; Krick, Thomas H., 1868- joint comp; Dietrich, William Joseph, 1875- joint comp; Lehigh County Historical Society
Publication date: 1914
Publisher: Allentown, Pa. : Lehigh Valley Publishing Co.
Number of Pages: 1158

USA > Pennsylvania > Lehigh County > History of Lehigh county, Pennsylvania and a genealogical and biographical record of its families, Vol. I > Part 34

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In Upper Milford the people opposed to the law held a township meeting and appointed a committee of three to wait upon the as- sessor when he should begin the assessment, and request him to desist; and about the last of December, when he began the work, he was met by this committee and informed he could not proceed. No violence was offered, but he was given to understand he would not be per- mitted to carry out the law. He immediately wrote the commissioner informing him of the sit-

uation of affairs, and asked advice as to the course to be pursued. The latter again thought it ad- visable to have a public meeting called, at which he would make another effort to explain the law to the people, and endeavor to satisfy them with its provisions. He directed the assessor to give notice to John Schymer, Moretz and other lead- ing men of the township, that he would meet them at such time and place as they might appoint. The place fixed upon was the house of Mr. Schy- mer, date not known. When the time arrived the commissioner set out for the place of meet- ing, accompanied by Judge Henry, and, when he arrived within four miles of it, he was met by a friend who advised him not to attend, saying the people were so violent his life would be en- dangered, but he disregarded the warning and kept on. He found some 75 men assembled at the house of Schymer, several of them having French cockades in their hats, showing very plain- ly which side they took in politics.

One of the petitions, which a previous meet- ing had recommended should be circulated for signatures, was handed the commissioner who read it to the people. Some of them, upon hear- ing it, said it was not such a petition as they had been led to believe it was, as it mentioned noth- ing about the stamp act. As there was a report in circulation that the act was not in force, Mr. Eyerley read it in German, and explained to them it was their duty to submit to it. One, George Shaeffer, denying that it was a law, the question was submitted to the decision of Mr. Schymer, who, being a justice of the peace, had consider- able influence over the minds of the people. Shaeffer was inclined to be noisy and created a disturbance, and he and others used abusive lan- guage to the assessor, Mr. Heckewelder, accus- ing him, among other things, of having been a Tory during the Revolution. Mr. Eyerley pro- posed that inasmuch as they were opposed to the present assessor, he would give them the privilege of electing one of their own number, to whom he would give the appointment. This they declined, saying : "We will do no such thing; if we do, we at once acknowledge that we submit to the law, and that is what we will not do." Three of the Shaeffers made demonstrations to beat Hecke- welder, but were deterred by the interference of others, and he was allowed to go away without injury. The commissioner, even with the counte- nance of Mr. Schymer and several other well dis- posed persons present, found it impossible to reconcile the multitude to the law, and he re- turned home a second time without having ef- fected anything. The opposition to the law in this township, likewise, was not overcome until the presence of troops intimidated them into sub-

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mission, when the rates were taken without fur- ther trouble.

Resistance to the enforcement of the law had now reached that stage it became necessary for the authorities to take some notice of it. About Jan. 15, 1799, Judge Henry, at the request of Commissioner Eyerley, and upon complaint of the assessors that they found it impossible to proceed in the execution of their duty, issued a number of subpænas to bring persons, cognizant of the op- position to the execution of the laws, before him that he might make a careful examination of the cause of complaint and ascertain its truth. The witnesses who appeared were generally very re- luctant to give information, being afraid the in- surgents would do them some injury. The judge made appointment to meet a number of persons at Trexlertown, to inquire further into the matter, and a considerable crowd assembled. Among those present was part of a company of light horse under Captain Jarrett. The men were mostly in uniform, and many of them noisy and impudent. The judge was attended by the commissioner and Mr. Balliet. They, who were present, paid little respect to the officers but rid- iculed, and made fun of them. From the indi- cations at this meeting, it was evident the dis- turbance could not be quelled by the local officers, and it was thought best to appeal to the Federal authority. The steps now about to be taken changed the aspect of affairs. Hitherto, it was. considered but a local disaffection to a law of questionable expediency, and improperly under- stood, and which, in due time, would subside and be heard of no more. Down to this point it had hardly attracted public attention outside of the rural districts where the opposition was made, and neither State nor Federal Government had given it consideration. It now assumed National im- portance, and what shortly before, was un- worthy the attention of politicians or statesmen, became a matter of great moment. The action of Judge Henry was the incipient step that changed the affair to an insurrection, and converted the opponents of the house-tax law into insurgents and traitors to their country.

Mr. Sitgreaves, United States District Attor- ney, was sent a number of depositions he had caused to be taken to Judge Peters, of the United States District Court, Philadelphia. This was some time in February, and the first official in- formation the judge received on the subject, al- though he had before heard of it as a matter of news. He examined a few witnesses in addition to the affidavits, and, from the facts elicited, thought it his duty to issue warrants for the par- ties. Being much engaged he directed the dis- trict attorney to draw up the form of warrants

for his approval and signature. It has been de- cided, that, in order to ease the minds of the people, the warrants should be drawn in the nature of an order for the defendant to appear before some justice of the peace, or judge of the county, and give bail for appearance at the Circuit Court of the United States, but circumstances prevented it. After this had been decided upon, it came to the knowledge of the authorities that several of the magistrates themselves were disaf- fected, and others were prevented doing their duty through fear of injury. The judge also had scruples as to the legality of the measure, whether persons, arrested on his warrants, could be taken before an inferior magistrate. While his mind was in doubt, he received additional information of the state of the people in the disaffected dis- tricts, and this induced him, both to make a change in the form of the warrants and the pro- cedure under it. The warrants were now to be made returnable to Judge Peters' Court.

THE MARSHAL MAKES ARRESTS IN NORTH- AMPTON.

When the form of the warrants was agreed upon, they were made out and put into the hands of Colonel Nichols, United States Marshal, to be served. This was about Jan. 25, and the marshal was directed to proceed to Northamp- ton county immediately and make the arrests. He left Philadelphia on the 26th, serving a few sub- ponas on the road, in order to collect evidence, reaching Nazareth on March Ist. Here the marshal met Commissioner Eyerley, and told him to go with him to serve the warrants exe- cuted, those placed in his hands being only for the arrest of persons in Northampton county. The next morning, accompanied by Eyerley, and Eyerman, the marshal set out to execute the warrants. They went first into Lehigh township, where twelve were arrested, all against whom they had process, but five others came in after- ward and gave themselves up. Their offence was resistance to the execution of the House Tax Law. They then returned to Bethlehem, where they were met by Colonel Balliet. The marshal's party next went to Macungie town- ship, where they had no difficulty until they came to the house of George Snyder, near Emaus, on whom the marshal wished to serve a subpoena. Snyder and his wife used abusive language toward them, the woman taking the lead. The husband came out of his house with a club, and positively refused to receive the subpoena. He called the marshal and the men with him rascals and highway robbers, and, upon being told he was only wanted as a witness, he refused with an oath.

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HISTORY OF LEHIGH COUNTY, PENNSYLVANIA.

The marshal finding he could do nothing with him requested Daniel Swartz's son to read and explain the subpoena to him, and leaving it with him to be served if it were possible. Thence they proceeded to Millerstown, now Macungie, a few miles distant. On the road they stopped at the house of the Rev. Mr. VanBuskirk, where they left their horses and walked into the town. The marshal had a warrant for George Shaeffer, active in opposing the law, and to whose house they next proceeded to arrest him, but he was not at home. Not meeting with success in this case, they went to the tavern, where a considerable number of people had assembled.

They now made an attempt to arrest a man named Shankweiler, who also lived in Millers- town. The marshal and commissioners walked over to his house, leaving Mr. Eyerman at the tavern. They had not intimated they desired to arrest him, but when they left the tavern the people suspected their intention and followed them in a crowd to the number of about fifty. They went in advance of the officers, and, reach- ing the house before them, filled the large room. When the marshal arrived a friend pointed out Shankweiler to Colonel Nichols, but observing what was going on, he withdrew into the crowd, with the intention of hiding himself from view ; but the marshal followed him, and putting his hand upon his shoulder, informed him he was a prisoner, in the name of the United States, an- nouncing himself as the United States Marshal for the Eastern District of Pennsylvania. Shank- weiler, having no idea of being captured without some resistance, broke loose from the marshal and fled toward the barn. He proclaimed he would not injure the marshal, but made threats against Eyerley and Balliet, toward whom he manifested great hostility. The people became much excited at this proceeding, and many cried out in German, "Strike! Strike!" Some said if he were taken out of his house they would fight as long as they had a drop of blood in their bodies. They seemed inclined to lay violent hands upon Balliet, and one of the crowd pre- sumed to pull the cockade from his hat. The marshal warned them of the consequences of their attempting to strike, and reasoned with them upon their riotous conduct. Finding that himself and companions were in danger, the marshal unbuttoned his coat, that the people might see a pair of pistols he had with him, and also in order that he might be able to grasp them quickly, should he find it necessary to use them. The determined manner of the marshal had its effect, and the crowd became quieter. Shankweil- er refused to accompany tho marshal to Bethle- hem, and swore he would resist the authorities of

the United States, let the consequences be what they might. He was told such a course would ruin himself and family, and be the destruction of his property, to which he replied that his father had fought against the stamp act, and he would resist the tax law which was supported by none but Tories and the friends of government. At last he was prevailed upon to promise to meet the marshal at Bethlehem, but could not be induced to say that he would submit or surrender himself. Seeing that nothing further could be accomplished there, the officers took their leave. As they left the house the people set up a shout and hurrahed for "Liberty." The marshal now continued on his rounds. He procured a constable to show him where Adam Stephen, Herman Hartman, and Daniel Heberly, for whom he had warrants, lived. Having arrested these persons he and his party returned to Bethlehem, where they arrived on the evening of March 6th. Bethlehem was his headquarters, and here he had his prisoners confined.

The arrests of the persons for whom warrants were issued, and their confinement at Bethlehem by the marshal, caused unusual excitement throughout the country. It created great indig- nation in the disaffected districts of Northamp- ton and Bucks, and was considered an act of tyranny and oppression on the part of the gov- ernment. As soon as it became known the ar- rests were made, the leaders of the opposition to the law determined to rescue them if possible. For the purpose of consulting on the subject, a meeting was called at the public house of Conrad Marks, Milford, Bucks county, on March 7th. Notices were carried around the evening before and left at the houses of those known to be friendly to the movement. By ten o'clock a num- ber of people had assembled, and considerable ex- citement was manifested. The general senti- ment was in favor of immediate organization and marching to Bethlehem to take the prisoners from the hands of the marshal. The crowd was formed in a company, and John Fries elected captain. They were variously armed; some with guns, others with swords and pistols, while those with less belligerent feelings, carried clubs. Sub- sequently, when Fries was examined before Judge Peters, he said his "motive in going to Bethlehem to rescue the prisoners was not from personal at- tachment, or regard for any of the persons who had been arrested, but proceeded from a general aversion to the law, and an intention to impede and prevent its execution." This reason, how- ever, hardly explains their course, under the cir- cumstances. Their plan was first to march to Millerstown and thence to Bethlehem.

The people of Northampton, meanwhile, had

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also taken action in reference to a rescue of the prisoners. A meeting to consult on the subject was called at the tavern of Martin Ritter, on the present road from Mountainville to Emaus, to meet at ten o'clock on the morning of March 7th. Notice was also given for two or three companies of light horse to meet there at the same time, one of which was commanded by Cap- tain Jarrett.

At the hour appointed a considerable number of persons were on the ground, and much noise, confusion and excitement prevailed. Upon the meeting being organized, and a conference had about the matter, that had brought them together, it was unanimously resolved to march for Beth- lehem without delay. The strength of the party which marched for that place we have no means of knowing, as the records do not give it. Soon after starting they selected a commander, the choice falling upon Andrew Schiffert. There were a few present who questioned the propriety of the movement, but the general voice was so nearly unanimous in its favor, their advice was not listened to. The excitement ran high, and the multitude clamored to be led to the rescue of their friends in the hands of the Federal authori- ties. They did not look at the consequences that might recoil upon themselves, nor did they care at that particular moment, for they were burning under a sense of real or imagined wrong. They were blind to the nature of the step they were taking, and deaf to the voice of reason. The mul- titude believed, in case they should succeed in rescuing the prisoners, the matter would end there. Or, if it did cross the minds of the most far-seeing that such indignity to the government might be taken notice of, and troops ordered there to capture the guilty, it was not supposed, for a moment, the authorities would be able to do anything with them. With this feeling the march was taken up for Gund's tavern, three miles from Bethlehem, where some confederates were ex- pected to join them. Here they resumed the march for the bridge that crosses the Lehigh at South Bethlehem.

RESCUE OF THE PRISONERS AT BETHLEHEM.

Fries and his friends received word, the night before, that the Northampton people, opposed to the law, also intended to make an effort to take the prisoners from the hands of the marshal. In the morning, Conrad Marks sent his son to Ritter's tavern, to learn what movement was on foot at that place. In the meantime the march was commenced for Millerstown, and when they had gone three or four miles on the road, young Marks was met returning. He informed them

the Northampton people were already in motion, a large party having left Ritter's before his ar- rival ; that it was not worth while for them to go, as a sufficient number was on the march to accomplish what they had in view. Upon learn- ing this some were in favor of turning back, but Conrad Marks and John Fries advised they should go at least to Bethlehem to see what was going on there. The march was resumed. Dan- iel Fries, son of John, says that his father started for Bethlehem mounted, but when near old John Cline's, the animal cut its foot with the cork of his shoe and was disabled. Daniel was with him, and as the horse was of no further service on the road, Fries sent his son back with it and con- tinued the march on foot. They passed by Rit- ter's tavern, and followed the route of the North- ampton contingent which had preceeded them, overtaking and joining them at the south end of the bridge over the Lehigh at South Bethlehem. The whole command numbered one hundred and forty men, including two companies of riflemen and one of mounted men, the latter being armed with broad swords. They presented quite a mar- tial appearance. Their march through the thickly populated country swelled their ranks by the ad- dition of a number, attracted by curiosity, who followed after to see what would take place, without any intention of taking part in the pro- ceedings. They were neutrals.

We have already said the marshal returned to Bethlehem with his prisoners the night of March 6th, and confined them in the Sun tav- ern. As the marshal passed through the country, on his return, he heard a rumor that an attempt would be made to rescue the prisoners, but he did not conceive such a thing possible, supposing somebody, as a matter of amusement had raised the story to alarm him. Upon reaching Bethle- hem, however, the rumor was confirmed, and he was convinced a movement of the kind was on foot by a band of armed men. The prisoners ar- rested in Lehigh township were released upon their own bonds, with good securities for their appearance, but the others were held in custody.

The information that an attempt at rescue would be made, naturally gave the marshal great uneasiness, and he proceeded to take such steps as were deemed necessary to prevent it. He held a consultation with Judge William Henry, Mr. Eyerley, the commissioner, Mr. Balliet, Joseph Horsfield, a justice of the peace at Bethlehem, and General Brown. He had received instruc- tions before leaving Philadelphia, to call out a posse comitatus in case it should be found nec- essary, but was forbidden to use an armed force. He made a demand upon Judge Henry for armed men, but as the latter had received similar in-

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HISTORY OF LEHIGH COUNTY, PENNSYLVANIA.

structions, and there could not be found any authority authorizing it, the requisition was re- fused. It was therefore decided to call such force as they were authorized to accept, and accord- ingly, summoned a civil posse. Twenty men were called from Bethlehem and Easton, but only eighteen responded, arriving between ten and eleven in the forenoon. We have not been able to get the names of all, but among them were William Barnett, John Barnett, Christian Win- ters, Christian Roth and Philip Schlaugh. The prisoners were removed upstairs to a room thought to be more secure. As General Brown was a person of influence in the county, the marshal requested him to command at Bethlehem and lend the assistance of his counsel, but he declined on account of having been absent so long from his family. In the meantime an officer was sent to arrest a clergyman named Eyerman and one, John Fox, both active in opposing the law, and who were thought to be too dangerous to go at large. They were taken and brought in with- out opposition. The proceedings becoming known in the surrounding country, a large number of people came to witness a conflict, which it was supposed, could not be avoided.

About eleven o'clock a Mr. Dixon, who ar- rived from Emaus, informed the marshal he had seen a number of persons assembled at Ritter's tavern, under arms, some mounted, others on foot, who were about to march for Bethlehem ; and also saw others on the road. This was the first pos- itive information that an armed party was ac- tually coming to attempt a rescue of the pris- oners. In about half an hour two men, one armed with a smooth bore gun, the other with a rifle, arrived at the Sun, dismounted in the yard, came quietly into the house and placed themselves by the side of each other opposite the door. The marshal and some of the people who were col- lected, inquired the reason of their coming armed, when, after some hesitation they replied they "had come upon a shooting frolic." Upon being ques- tioned as to what they intended to shoot, one of them evaded a reply by saying they wanted to see what was best for the country. They were then told to withdraw and not appear in arms to obstruct the process of the United States. To this they replied they were freemen and had a right to go where they pleased. They were supposed to be of the insurgent force, and as they would probably come straggling in, it was thought best to secure them in detail. They were accordingly arrested, their arms taken from them and they were taken up stairs and confined in a chamber. Shortly after three other mounted men arrived in uniform, at the head of whom was Shank- weiler, who had refused to submit to an arrest

the day before. The marshal asked him if he had come to surrender himself, but he replied he came to meet his accuser. They gave no indica- tion of creating a disturbance and mingled peaceably with others assembled. Information was now brought in that there was an armed force at the Lehigh bridge, on the march for the tavern. A consultation was held and it was deemed best to send a deputation down to hold a conference with them, to learn their intention. It was agreed to send a delegation of four upon this duty, two Federalists and two anti-Federal- ists. The men selected were John Mulhallon, William Barnett, Christian Roth and Isaac Hartzell, gentlemen of standing and influence in the county. They received no particular instruc- ions, and were only charged to prevail upon the armed force not to come into town.

The deputation rode down through the main street of Bethlehem, crossed the Lehigh to the south bank, and proceeded about a half mile beyond the bridge, where they met a party of armed horsemen, whom they learned were from the neighborhood of Millerstown. These be- longed to the Northampton contingent. Upon inquiring for the commanding officer, they were told they had no officers, but were all command- ers. The committee then told them the object of their visit, and used every persuasion to induce them to relinquish their march to Bethlehem. They explained to them the probable consequences of the rash step they were about to take; that they would be resisting the laws of the United States in rescuing the prisoners, and the Government would surely punish them for it. All they said seemed to have but little or no effect. While Judge Mulhallon and Mr. Barnett were talking with these people in front, Christian Roth went toward the road to use his influence in that quar- ter. One of the men said to him: "We don't know you;" whereupon he told them in reply, that whether they knew him or not, they would thank him for the advice he had given them. An- other pointed his gun at him. This did not alarm Roth, who mildly said, "Little man, consider what you are about; don't be too much in a hurry." While they were holding this parley a company of armed riflemen came up. They were likewise informed of the wish of the marshal, but they gave it no more heed than the others.

The march of the insurgents was now resumed and they continued to the bridge where another halt was made. The committee here held another parley with them, endeavoring, by all possible means, to induce them not to go over into the town. They now said that the marshal had two of their men prisoners, who had gone into Bethlehem under arms, and they intended to set

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them free. They appeared to be alarmed at the idea of the prisoners being taken to Philadelphia for trial. While admitting they should be pun- ished, if they had done wrong, they must be tried in Northampton county. When the committee saw the insurgents were determined to proceed, they suggested it would be better to send three or four men over as a deputation to confer with the marshal. To this they agreed, and three of their number were appointed to go. Afraid lest these men should also be made prisoners, they stipulated with William Barnett that he should return them safely. The two committees then crossed the river to Bethlehem, and together pro- ceeded to the Sun tavern. They were taken be- fore the marshal and had a conference with him. Upon inquiring the reason of so many armed men coming there, they replied they came to prevent him taking the prisoners to Philadel- phia to be tried. He told them that could not be done, and advised them to go to their companions and persuade them to return to their homes. They requested that the two men, who had been made prisoners in the morning should be released, which was done and their arms delivered to them. As the committee had promised, they now returned with these men to the south side of the river to deliver them to their companions.

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History of Lehigh county, Pennsylvania and a genealogical and biographical record of its families, Vol. I, Part 34

Author: Roberts, Charles Rhoads; Stoudt, John Baer, 1878- joint comp; Krick, Thomas H., 1868- joint comp; Dietrich, William Joseph, 1875- joint comp; Lehigh County Historical Society Publication date: 1914 Publisher: Allentown, Pa. : Lehigh Valley Publishing Co. Number of Pages: 1158

Author: Roberts, Charles Rhoads; Stoudt, John Baer, 1878- joint comp; Krick, Thomas H., 1868- joint comp; Dietrich, William Joseph, 1875- joint comp; Lehigh County Historical Society
Publication date: 1914
Publisher: Allentown, Pa. : Lehigh Valley Publishing Co.
Number of Pages: 1158