History of Lycoming County, Pennsylvania, Part 27

Author: edited by John F. Meginness
Publication date: 1892
Publisher: Chicago, Ill. : Brown, Runk
Number of Pages: 1650

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On the 12th of March, only five days later, the bill was read the second time and considered by paragraphs, and on motion of Mr. Brown, seconded by Mr. Hep- burn, it was agreed that the new county should be named Jefferson. On the 14th of March the consideration of the bill was resumed, and the question of choosing commissioners to select a site for the public buildings coming up, the following gentlemen were proposed: John Andre Hanna, Cadwallader Evans, Robert Brown, Samuel Postlewaite, and William Elliott, or a majority of them. Later it was decided to leave the selection of commissioners to the Governor.

CHOOSING A NAME.

The question of selecting a name for the new county coming up again, a motion was made to strike out "Jefferson " and insert "Lycoming," but it was lost. Mr. Kean then moved that "Susquehanna " be adopted, but that was lost also. Mr. Postlewaite then named "Muncy," but his motion was lost. After further debate a reconsideration of the motion to call the county "Lycoming," after the great stream which had for so many years formed the boundary line between Northum- berland and the disputed Indian lands, was proposed and carried. The title of the bill was then agreed to and it was ordered to be transcribed for third reading.

March 19th it was taken upon third reading, when, on motion of Mr. Canan, seconded by Mr. Whelen, Sec. 2 was amended by inserting next after the word " Common wealth," the words "provided nevertheless, that the said county shall not be entitled to a separate representation until it shall be certified by the commission- ers of the said county to the sheriff thereof, that 1,150 taxable inhabitants at least reside within the bounds of the said county."

Further consideration of the bill was then postponed to Wednesday, March 25th, when on motion of Mr. Hepburn, it was taken up, passed, and referred to the House.

It did not come up for consideration in the House till the 7th of April, when it was referred back to the Senate with several amendments, and the addition of a sec- tion requiring the commissioners of the new county to " take a faithful and accurate account of all the taxable inhabitants and make return of the same under their hands and seals on or before February 1, 1796."

A committee of the Senate was appointed to confer with a committee of the House regarding the final disposition of the bill. The conference was held and it was agreed to that the new county should be attached to the IIId congressional dis- trict, which was composed of Northumberland and Dauphin counties; the senatorial district composed of Mifflin, Northumberland, and Luzerne counties, and have one member of the House and Northumberland two. All the points in dispute having been settled the conference committees reported that they had agreed, wherenpon it was signed by the Speakers of the respective houses, and on the 13th of April, 1795, they presented the bill to Gov. Thomas Mifflin, who immediately signed it.

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LYCOMING COUNTY ORGANIZED.

Thus ended the great fight for the organization of Lycoming county, which commenced in 1786. It was long and bitter and feuds grew out of it which lasted for many years.

BOUNDARIES, JUDICIARY, AND SEAT OF JUSTICE.

The boundary line of the new county was thus described in the act:

That all that part of Northumberland county lying northwestward of a line drawn from the Mifflin county line on the summit of Nittany mountain; thence running along the top or high- est ridge of said mountain, to where White Deer Hole creek runs through the same; and from thence by a direct line crossing the West Branch of Susquebauna, at the mouth of Black Hole creek to the end of Muncy Hills; thence along the top of Muncy Hills and the Bald Mountain to the Luzerne county line, shall be, and the same is hereby erected into a separate county, to be henceforth called and known by the name of Lycoming county.

Concerning the judiciary the act said:

That the judges of the Supreme court and the president of the Third district, of which dis- trict the said county of Lycoming is hereby declared to be part, as well as the associate judges which shall be commissioned in and for the county of Lycoming shall have the powers, juris- dictions, and authorities within the same as are warranted to and exercised by the said judges in other counties of this Commonwealth.

Concerning the selection of a site for the public buildings in the new county, this clause was inserted in the act:

The Governor is authorized and he is hereby required to appoint five commissioners, which commissioners, or a majority of them, shall meet at the town of Northumberland on the first Monday in September next, and proceed to view aud determine upon the most eligible and proper situation for erecting the public buildings for the said county, and make their report into the office of the secretary of this Commonwealth on or before the first day of October next, which report so made shall be final, and shall fix and determine the spot for the seat of justice in and for the said county; for which service each of the said commissioners shall have and receive $3 per diem for every day they shall be employed in the said services, to be paid by warrants drawn by the county commissioners on the treasurer of Northumberland county.

ORIGINAL EXTENT OF THE COUNTY.

Lycoming county, as originally constituted, covered a vast territory. The line commenced on the summit of Nittany mountain and followed the top thereof to the point where White Deer Hole creek breaks through the same; then bore off in a northeastward direction to the mouth of Black Hole creek, south of the borough of Montgomery, where it crossed the river aud passed over the Muncy Hills to the Luzerne county line, which it followed for some distance and then bore in a north- westerly direction to the State line, leaving the territory claimed by Connecticut to the northeast, much of which now belongs to Bradford county. Returning to the place of beginning, it bore westward, crossing the head waters of the West Branch at Canoe Place (Cherry Tree) in what is now Indiana county; thence to the Allegheny river near the mouth of Red Bank creek, in Armstrong county; thence up the Allegheny to the mouth of Conewango creek, at Warren; thence up that stream to the State line, which it followed to the point of intersection with the line from the line from the east.

From this magnificent domain the following counties have, in whole or in part, been formed: Armstrong, Bradford, Centre, Clearfield, Clinton, Indiana, Jefferson,

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HISTORY OF LYCOMING COUNTY.

McKean, Potter, Sullivan, Tioga, Venango, and Warren. And since their formation · several sub-divisions have been made, such as Forest, Elk, and Cameron. To give the reader a better idea of the extent of the original territory, its area may be roughly estimated at about 12,000 square miles. And as Lycoming now only contains 1,213 square miles, it is clearly seen of what vast possessions she has been shorn in fifty-two years, a portion of Sullivan being the last slice taken from her in 1847. Still she retains the proud position of being the second county in point of size in the State, Centre being the first, with 2, 227 square miles. But Lycoming gave liberally of her territory to help create her.

FIRST OFFICERS AND FIRST COURT.

The county was now erected, but there were no officers to organize a local government and administer the laws. The Governor, therefore, on the 14th of April, 1795, the day after he had approved the bill, invested Samuel Wallis and John Kidd with authority to administer oath to any person or persons appointed or elected to office within the limits of the new county. The same day John Kidd was commissioned recorder of deeds, prothonotary, clerk of over and terminer, clerk of orphans' court, clerk of quarter sessions, and register of wills. Mr. Kidd, who came from Sunbury, suddenly became a man of great importance in the new county. He was a Scotchman by birth, a gentleman of education, and wrote a beautiful round hand, which is still admired for its clearness and ease to read, in the original books of record. The following day, April 15, 1795, Governor Mifflin commissioned Samuel Wallis, William Hepburn, John Adlum, and Dr. James Davidson, first, second, third, and fourth associate judges respectively, to organize the judicial machinery for the county. All were sworn into office by John Kidd except John Adlum. There is no record of his qualification, but he evidently did qualify, for we find him acting with the court December 1, 1795. He soon afterwards removed to Havre de Grace, Maryland, and as Mr. Wallis died October 14, 1798, but two remained to administer the judicial business of the county for some time.

They first met at the village of Jaysburg, west of the mouth of Lycoming, and organized by electing William Hepburn as president. He therefore became the first president judge of the county, but there is no record in existence to show the day this official transaction took place. But it is probable that the organization was effected between the 15th and 20th of April.

The machinery of the county was now fairly started, but, owing to the meager- ness of the records and the disappearance of others, we get but a faint trace of what was done. The first official entry by John Kidd in the book of deeds, etc., was the act of Assembly creating the county. What business the court did, if any, at the first meeting is unknown, but it probably was the entering of a decree to hold an election for county officers. As yet there were no county funds or treasurer, and until these were secured nothing could be done.

It is uncertain where the judges first met to organize, probably at the house of Thomas Caldwell or Jacob Latcha. Neither is it known who owned the building used as a "temporary jail." That a building of hewed logs, 24x16 feet, was afterwards constructed, strongly lined with plank, and having barred windows, seems certain. It is said to have had two rooms, and very likely the prothonotary

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opened his office in one of them. Who built and owned it is not known, though it is not improbable that Latcha was the man. But that Samuel Jordan was the jailer, there is abundant and positive evidence.

SELECTION OF THE COUNTY SEAT.

After the appointment of the officers to organize the county, the Governor turned his attention to Sec. 7 of the act, authorizing him to appoint five commissioners to select a site for the county seat. The Governor evidently was apprised that there would be a sharp contest between three points for the honor of having the public buildings, and he looked around carefully to secure good men to perform that duty. On the 21st of April, 1795, eight days after the approval of the act, the executive minutes show that he made the following appointments: John Hall, Philadelphia; Francis Nichols, Montgomery; Alexander Scott, Lancaster; John Edic, York, and William Elliott, Franklin. The act, it will be remembered, distinctly states that they "shall meet at Northumberland on the first Monday in September next and proceed to select the most eligible" site for the public buildings. This duty was required to be performed "on or before the 1st day of October." They were then required to report the result of their work to the secretary of the Commonwealth, and the report was to be "final." For this duty they were to be paid $3 per diem for every day so employed, by warrants drawn by the commissioners of Northumberland county on the treasurer thereof.

That four of the five commissioners appointed met and performed the duty re- quired of them by the act, there is evidence on record to show, but the most diligent inquiry failed to develop the "report" they submitted to the secretary of the Com- monwealth. That they had a difficult duty to perform there is no doubt, according to the traditions handed down. Dunnsburg, named after William Dunn, on the mainland above the Great Island, (now in Clinton county,) was an applicant for the county seat, and made a vigorous fight for it. The owner of the land in the embryo village went so far as to set aside a lot for the court house, which he proposed to donate for that purpose, and it is known to this day as the "court house lot." The claim was made that as the location was further westward from the eastern bound- ary, and the location an excellent one, it would be better for the inhabitants, inas- much as the county extended so far westward. The idea did not seem to enter the heads of the Pine creek settlers at that time that the immense territory might soon be divided up into more counties. Their argument, therefore, was a strong one, and the proposed donation of a lot made it still stronger.

In the meantime Jaysburg aspired to become the capital of the new county. It had been regularly laid out at that time and was the only place making any preten- sions to a village west of Muncy. Temporary quarters had already been secured for the county officers; Prothonotary and Register and Recorder Kidd had opened his office, administered oaths, and commenced the work of recording official records; the associate judges had met, organized, and taken the preliminary steps towards effect- ing a county organization; a few lawyers had opened offices; a jail had been impro- vised, a jailer appointed, and a prisoner or two incarcerated. With all this already in their grasp, the Jaysburgers felt quite secure, and congratulated themselves that possession was equivalent to nine points of the law. For a time it looked as if the

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HISTORY OF LYCOMING COUNTY.

name of the distinguished jurist and diplomat would be perpetuated in the county seat of Lycoming. But alas! the aspirations and hopes of men are often dissipated at the moment they regard success as certain. It was so in this case. The prestige of the illustrious name of Jay availed nothing. The town lost the prize it consid- ered safe within its grasp, rapidly went into decline, passed out of existence, and there are few of the present generation who can tell where Jaysburg stood and flourished ninety-six years ago.

Ex-Senator Hepburn was deeply interested in having the county seat located on the east side of Lycoming creek. He was the owner of a fine tract of land called "Deer Park," lying on what would be the western border of the proposed county seat. Like many others of the time, he was infected with the spirit of land specu- lation. He had resigned the office of State Senator on the 20th of April, 1795, to formally accept the president judgeship, which had been conferred on him five days before. In the meantime Michael Ross appeared in the contest as an important and powerful factor. He was the owner of 285 acres of land lying in what is now the central part of Williamsport, and contemplated founding a town. And as it had already been laid out and a few buildings erected, he readily saw that a great impe- tus would be given it if it was made the county seat. Judge Hepburn shared his views and also realized that his estate would be greatly benefited by the selection.

In the meantime the Jaysburgers were not idle. They claimed that their town was the most eligibly located-that it was on higher and dryer ground, and was, in every respect, better fitted for the county seat. The fight between the two factions grew more fierce and acrimonious from day to day. The Jaysburg faction asserted that much of the land embraced in the proposed new town was swampy and subject to inundation. They went so far as to despatch a messenger to Northumberland to obtain an affidavit from a man who it was reported had at one time brought a barrel of whiskey to Williamsport in a canoe, and "tied up" at a point on what is now East Third and State streets, or the old Eberman corner. At that time an arm or "gut " of the river extended through there. The affidavit was obtained, and when the messenger returned he stopped at the "Russell Inn," which stood on the northeast corner of East Third and Mulberry streets. The report that he had returned with the proof to the Commissioners on site, that floods extended as far up as Market square, struck terror into the Hepburn-Ross party, and they immediately set about devising some plan to circumvent the evidence. They realized that if such proof was laid before the commissioners it would probably result in the triumph of their hated rival, Jaysburg. Accordingly, the Hepburn-Ross party that night visited the messenger, got him intoxicated, stole the saddle bags in which he carried the damaging affidavit, cut them open, and destroyed or concealed the paper. At least that is the supposition, for it is alleged that the saddle bags, cut open, were found the next morning!

Things had now come to a desperate pass. The State commissioners were becoming wearied over the strife going on between the rival factions, and there was danger that they might select Dunnsburg, where lots for the public buildings had been offered. That settled it, and from their report to the secretary of the Common- wealth there was no appeal-in the language of the act, it was " final." Judge Hep- burn, although he owned land, was without money. He was ambitious and thirsted

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for political honors. Michael Ross, the founder, cared little about politics, but was anxious to sell lots and acquire money. Hepburn, who was a man of influence at that time, succeeded in persuading Ross that if he would tender the commissioners lots for the public buildings, they would be induced to select Williamsport. Ross, thinking that it would enhance the value of his property, acted upon the suggestion and made a tender of four lots-two for the court house and two for the jail- . which the commissioners accepted and the contest was brought to a close. At this sudden termination of the fight the indignation of the Jaysburg party was great, but they were helpless. They, however, held on to the public offices so long, as will be shown hereafter, that the Governor was on the point of peremptorily ordering Prothonotary Kidd to remove his office to the point designated as the county seat.

It is difficult, on account of the lack of official records, to get at all the facts regarding that memorable contest. It is believed that Michael Ross, in considera- tion of the proffered influence of Judge Hepburn to manipulate the commissioners, placed himself under obligations to that gentleman which ever afterwards kept him in straitened circumstances, notwithstanding the increased demand for the sale of lots. This view of the case has never been stated in print before, but it has long been privately entertained by men of research and intelligence. At this lapse of time, nearly a century, what is believed to be true history, may be stated. The contest was so hotly waged, and the principals became so embittered at each other, that fully two generations passed before all feeling of hostility between the descend- ants of the respective parties was effaced.

That the commissioners who selected the place for the county seat made a report to the secretary of the Commonwealth, in accordance with the terms of the act, there is no doubt, but it can not be found at this day. It may have been a short report merely setting forth the result of their official action; or it may have entered into details recounting the difficulties which beset them before arriving at a conclusion.

An examination of the minute book of the commissioners of Northumberland county for 1795 shows that four out of the five commissioners appointed by the Governor served and were paid. The entries are quaint and read as follows: "September 28, 1795, paid John Hall, one of the commissioners for fixing the county town of Lycoming, £25 17s 6d; September 28, 1795, paid William Elliott on the same business, £22 10s." As Mr. Hall came from Philadelphia . he was entitled to more pay and mileage than Mr. Elliott, who was from Franklin county. That explains the difference in the pay of the two.

The next entry we find under date of October 21, 1795, as follows: "Francis Nichols, one of the commissioners for fixing the county of Lycoming, £24 15s." The last of the four did not apply for some time for his pay. Under date of Feb- ruary 25, 1796, is this entry: "John Edic, for fixing the seat of justice of Lycoming county, $45." There is nothing on the minute book to show that from 1795 on, Alexander Scott, the fifth commissioner, ever received any pay, consequently we are forced to the conclusion that he did not serve, and the work therefore was done by the other four members of the commission.

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HISTORY OF LYCOMING COUNTY.

CHAPTER XIV.

CIVIL ADMINISTRATION.

ELECTION OF A SHERIFF AND COMMISSIONERS FOR THE NEW COUNTY-TREASURER APPOINTED -TOTAL NUMBER OF TAXABLES IN THE SEVEN ORIGINAL TOWNSHIPS-ASSESSORS AND JUSTICES-ELECTION DISTRICTS-PROCEEDINGS OF THE COMMISSIONERS-COLLECTORS OF TAXES-DIVISION OF TOWNSHIPS-TROUBLE WITH SURVEYORS-CORRESPONDENCE ABOUT THE COUNTY SEAT.

A LTHOUGH officers for the administration of justice had been appointed, there were none to enforce the decrees of the court, or appoint assessors and col- lectors of revenue. It became necessary, therefore, to prepare for the election of a sheriff and commissioners at the State election to be held the ensuing October. Just how the candidates were placed in nomination there are no records to show. Probably they were selected by a caucus, and no opposition ticket was placed in the field. The people, after their long struggle to secure the new county, were too much. elated over their victory to think of dividing themselves into two parties to contend for the county offices. Political strife did not become an element in local affairs until many years afterwards. All we know regarding the first election is that Samuel Stewart was chosen sheriff, and John Hanna, James Crawford, and Thomas Forster, commissioners, at an election held October 16, 1795. Stewart resided in Nippenose township, Hanna and Crawford were from Pine and Bald Eagle, respectively, and Forster from Lycoming, in the vicinity of Jersey Shore.

It is recorded, October 28, 1795, that Samual Stewart filed his bond in the sum of " £2,000 for the faithful performance of his duty," with the following sureties: Charles Stewart, Robert Crawford, and Brattan Caldwell. He took the oath of office before Judge Hepburn and Samuel Wallis at Jaysburg, and immediately entered on the duties of his office. His commission was signed by Alexander James Dallas, secretary of the Commonwealth.

The commissioners, it seems, were in no hurry to assume the duties of their office. On the Ist of December, 1795, the following entry in the plain, round hand of Prothonotary John Kidd, was made on the first page of their minute book, and as it is the first official entry of this body pertaining to the administration of county affairs, it is quoted herewith in full:

The commissioners, to wit: Thomas Forster, John Hanna, and James Crawford, met the first day of December, in the year of our Lord one thousand seven hundred and ninety-five, in open court of general quarter sessions of the peace and common pleas for the county of Lycoming, and took the oaths of office to be taken by commissioners, before the Hon. William Hepburn, John Adlum, and James Davidson, Esquires, judges of the said courts, which oath subscribed by the commissioners remains filed in the office of the prothonotary of the county aforesaid.

Nothing more appears to have been done at this meeting, except the official

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organization of the board. December 15th, the second entry informs us that the commissioners met "and by their warrant under their hands and seals appointed John Kidd to be treasurer of the taxes, etc., for the county aforesaid." All the offices necessary for the new county were now filled, except coroner. It may be remarked as a singular circumstance, that John Kidd was invested with more authority than usually falls to the lot of a single individual about a court house. He was prothonotary, clerk of the court of oyer and terminer, orphans' court, quarter sessions, register and recorder of wills, deeds, and mortgages, treasurer of the county, and clerk to the board of commissioners. The appointment of a treasurer was all the commissioners did at this meeting. But as there were no funds in the treasury, it became necessary to take early steps to procure revenue to carry on the local government. A treasurer without money was a useless officer. Salaries must be paid and the running expenses of the court provided for.

At the third meeting of the board, which took place on the 21st of December, 1795, important business was transacted. The commissioners "issued their warants for taking the enumeration of the taxable inhabitants of the county, returnable at Jaysburg the first Tuesday in January next." This was in accordance with the tenth section of the act creating the county; and a return to the legislature was required "on or before the 1st of February, 1796." The following return- ing officers were appointed, to whom the warrants were directed:

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History of Lycoming County, Pennsylvania, Part 27

Author: edited by John F. Meginness Publication date: 1892 Publisher: Chicago, Ill. : Brown, Runk Number of Pages: 1650

Author: edited by John F. Meginness
Publication date: 1892
Publisher: Chicago, Ill. : Brown, Runk
Number of Pages: 1650