History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 36

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N
Publication date: 1882
Publisher: Philadelphia : H.L. Everts & Co.
Number of Pages: 1216

USA > Pennsylvania > Washington County > History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men > Part 36

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2 See I. Dall. L., App. 1.

stitute the true and absolute proprietary of the country aforesaid, and of all other the premises ; saving always to us, our heirs and successors, the faith and allegiance of the said William Penn, his heirs and assigns, and of all other proprietaries, tenants and inhabitants, that are, or shall be, within the territories and precincts aforesaid ; and saving also unto us, our heirs and successors, the sovereignty of the aforesaid country ; to have and to hold, possess and enjoy the said tract of land, country, isles, inlets, and other the premises, unto the said William Penn, his heirs and assigns, forever ; to be holden of us, our heirs and successors, Kings of England, as of our castle of Windsor, in the county of Berks, in free and common socage, by fealty only, for all services and not in capite, or by Knight service; yielding and paying therefor to us, our heirs and successors, two Beaver skins, to be delivered at our Castle of Windsor, on the first day of January, in every year ; and also the fifth part of all gold and silver ore which shall from time to time happen to be found within the limits aforesaid, clear of all charges, And of our fur- ther grace, certain knowledge and mere motion, We have thought fit to erect, and we do hereby erect, the aforesaid country and islands into a province and seignory, and do call it Pennsylvania, and so from hence- forth will have it called."

This, the Section III. of the charter, clearly indi- cates the absolute character of the grant to Penn, so far as his ownership and power of disposition of lands were concerned. In the vault of the Historical So- ciety of Pennsylvania at Philadelphia are preserved the original certificates for the payment of the last installment of two beaver-skins deliverable to the king, in accordance with the terms of the section quoted. They are dated Jan. 1, 1780, and the for- malities observed and apparent upon the papers are somewhat interesting.

The form of government and the judicial system authorized by the charter and established for the province of Pennsylvania may now be briefly no- ticed.

The Governors were appointed by the proprietaries, by and with the advice of the king and Council. The executive department was composed of the Governor and his Council, and did not sit as an upper house, the entire legislative power being vested in a single body of representatives chosen by the people.

After 1710 the highest court was the Supreme Court, with law and equity sides, the equity jurisdiction, how- ever, being discontinued by the act of 1767. The court consisted of four judges learned in the law, one of whom was distinguished in his commission as the chief justice, and any two of whom might hold the court. It held two sessions in banc annually in Phil- adelphia, and had appellate jurisdiction over all the inferior courts in criminal, and in civil cases above fifty pounds in value. The judges were required to go the circuit of the several counties twice a year, if necessary, to try issues of fact pending therein, and these circuit courts might be holden by one judge. These judges, as well as the justices of the inferior courts and of the peace, appear to have been commis- sioned to hold office for life, or during good behavior, which meant at the will of the Governor, by whom they were appointed.

The county Courts of Common Pleas, Courts of General Quarter Sessions, and Orphans' Courts, " for protecting the interests of minors and regulating the

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CIVIL AND LEGAL-WESTMORELAND COUNTY RECORDS.

affairs of decedents," were held by the justices of the peace of the county, who were not required to be learned in the law, and whose number depended entirely upon the will of the Governor. Three of the justices con- stituted a quorum, and the one first named in the commission became the president by long established usage. The courts were held four times in each year. The Court of General Quarter Sessions of the Peace appeared to be the principal county court, and in it might sit all the justices of the peace of the county, while the Court of Common Pleas and the Orphans' Court were held by the same justices, or some of them, specially commissioned therefor; but these courts seem to have been of minor importance, the Supreme Court drawing to it the chief part of the civil busi- ness. Criminal causes of a high grade, such as were triable only in the Court of Over and Terminer, were tried by commissioners specially appointed and au- thorized. The power thus to create commissioners for the trial of criminal offenses becoming objection- able, was first prohibited by the State constitution of 1790.

The lowest court was that of the local magistrate or justice of the peace, with the jurisdiction to ex- amine into charges of criminal offenses, and in civil matters to try causes involving less than forty shil- lings.

The sheriff's (and the coroners as well) were ap- pointed by the Governor within three days after re- turn made to him from two persons chosen by the freemen of each county, and in default of such ap- pointment the first person on the return was entitled to the office.

The prothonotary or "Principal Clerk" and the clerk of each county were each appointed from three persons nominated by the justices of the peace, and if one of them were not commissioned within ten days, the highest on the list held the office.1

Westmoreland County Records. - The early records of the courts of Westmoreland County, to return from the digression, were kept by Arthur St. Clair, whose several commissions as "Prothonotary or Principal Clerk" of the Court of Common Pleas, clerk of the Court of General Quarter Sessions of the Peace, and clerk of the Orphans' Court are dated Feb. 27, 1773, in the thirteenth year of the reign of His Majesty George III., and purport to have been granted by "Richard Penn, Esq., Lieutenant-Gov- ernor and Commander-in-chief of the Province of Pennsylvania and Counties of New Castle, Kent, and Sussex on the Delaware." The penmanship dis- played in the keeping of these records is indicative of a high degree of care and method.

William Crawford was the president judge, as stated, until the order of Council for his removal was passed in 1775. 2

It has been thought best, for the sake of clearness, first to cull from the records of Westmoreland County the transactions affecting the inhabitants west of the Monongahela up to the time of the organization of our own county, then to retrace our way to the be- ginning of the "Boundary Controversy," occurring immediately upon the organization of Westmoreland, and not terminated until immediately preceding the creation of Washington County.

The very first act of the first court ever held by English-speaking people west of the Alleghany Moun- tains, to wit, the Quarter Sessions of Westmoreland County, is recorded as follows :

" At a court of General Quarter Sessions of the Peace held at Robert Hanna's Esquire for the county of Westmoreland the sixth day of April in the thirteenth year of the reign of our Sovereign Lord George the third, By the Grace of God of Great Britain and Ireland King, Defender of the Faith, &c., And iu the year of our Lord one thousand seven hun- dred and seventy-three, Before William Crawford, Esq., and his agsoci- ates Justices of the same court.

"The Court proceeded to divide the said county into the following townships by the limits and descriptions hereafter following, viz. : "

Omitting the townships which did not extend west of the Monongahela, the townships created by this order were the two following, in the language of the order :

" Pitt .- Beginning at the mouth of Kiskeminitas and running down the Allegheny River to its junction with the Monongahela, then down the Ohio to the Western Limits of the Province, thence up the Western Boundary to the line of Springhill, thence with that line to the mouth of Redstone Creek, thence down the Monongahela to the mouth of Youghiogheny, thence with the line of Hempfield to the mouth of Brush Run, thence with the line of said Township to the Beginning."

* * * * * *

" Springhill .- Beginning at the Mouth of Redstone creek and running thence a due West course to the Western Boundary of the Province, thence by the Province line to the Southern Boundary of the Province, thence east with that line to where it crosses the Youghiogheny, thence with the Youghiogheny to Laurel Hill, thence with the line of Tyrone to Gist's, and thence with that line to the beginning."a

As will be seen hereafter, Washington County when stricken off from Westmoreland embraced all the territory lying between the Monongahela and the western boundary of the State, and south of the Monongahela and Ohio at Pittsburgh. Therefore, drawing a line due west from the mouth of Redstone Creek (Brownsville), this line is the division line be- tween the old townships of Westmoreland County. That line passed through East Bethlehem township

1 The outline above given of the provincial judicial system is believed to be accurate, though in the conflicting accounts by different writers to be sure of accuracy is of some difficulty. The reader is referred to Gordon's History of Pennsylvania, 121 and 547-48; Lodge's English Col- onies, 231, 232; Futhey and Cope's History of Chester County, 364, et sequitur.

2 " At a Council held at Philadelphia, 25th January, 1775. ... Cup- tain St. Clair appearing at the Board and representing that William Crawford, Esquire, President of the Court in Westmoreland County, hath lately joined with the Government of Virginia in opposing the Ju- risdiction of Pennsylvania in the County, the board advised the Gov- ernor to supersede him in his office as Justice of the Peace and Common Pleas. A Supersedeas was accordingly ordered to be issued."-X. Col. Records, 228.

3 It is observed that as to Pitt and Springhill townships, embracing the territory west of the Monongahela River, Westmoreland County adopted . the lines previously established by Bedford County.

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HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

centrally, through the southern ends of West Beth- lehem and Amwell, and centrally through Morris, East Finley, and West Finley, these being the town- ships bordering on Greene County. All of Washing- ton County north of that line was in Pitt township; all south of that line, as well as all of Greene County, was in Springhill township.

The first grand inquest contains the name of Wil- liam Teegarden, Jr. This was either a William Tee- garden who lived on the old Forbes road to Pitts- burgh, or another. William Teegarden who kept a ferry near the mouth of Ten-Mile Creek.

The first cause entered at this term of court was :

" The King - Forcible Entry. True Bill. Defendant being three times called appears not : process awarded ; per cur."

Garrett Pendergrast, Jr. -

It is interesting to note that the first proceeding in any court of justice west of the Alleghanies to lay out a public highway was instituted for the benefit of residents west of the Monongahela, for at this the first term of the Quarter Sessions of Westmoreland County, upon the petition of inhabitants of Spring- hill township, John Moore, Thomas Scott, Henry Beason, Thomas Brownfield, James McClean, and Philip Shute were appointed viewers to view and lay out a road :

" To begin at or near the Mouth of a run known by the name of Fish Pott run about two miles below the Mouth of Ten Mile Creek, on the west side of Monongahela River (it being a convenient place for a ferry, as also a good direction for a leading road to the most western parts of the Settlements), thence the nearest and best way to the Forks of Dunlap's Path and General Braddock's Road on the top of Laurel Hill."1

At the second term of the Quarter Sessions, held July 6, 1773, the grand inquest contained inter alia the following names : James Crawford, living nearly opposite Fredericktown ; James Devore, adjoining Andrew Devore, also kept a ferry at the mouth of Pigeon Creek ; Brice Virgin, and Henry Taylor. At this term there were two bills of indictment for Riot

found against Henry Vanmetre, Abraham Vanmetre, Jacob Vanmetre, Simeon Moore, Jesse Pigman, Na- than Freaks, Thomas Roach, Daniel Murdoch (More- doch), Charles Swan, John Swan, John Swan, Jr., Thomas Swan, Thomas Hughes, James Johnson, and one Harrison, all residents of what is now Greene County.

The grand inquest of the next term, Oct. 6, 1773, contained the names of Joseph Beelor, residing on Chartiers Creek, below the mouth of the Eastern Branch, in Peters township, James Crawford, and John McDonald. At this term there was a true bill for a misdemeanor, name not given, found against Simon Girty,2 and process for his arrest awarded. James Brigland pleaded guilty to an indictment for a felony, and was punished by "ten lashes well laid on" at the public whipping-post and a fine of twenty shillings. Luke Pickett suffered a similar punish- ment for a like offense. William Hawkins was held in £100, and Joshua Wright in £50, in a recogni- zance for the appearance of the former at the next term to answer to "a certain bill of indictment."3 Benjamin Kuykendall was held in £20, with William Teegarden as his surety in £10, for his appearance as a witness against Hawkins. At this time it is re- corded : "John Williams is appointed constable in Pitt township over the Monongahela River." This may have been the same John Williams who helped to build Henry Taylor's cabin, near Catfish Camp, in 1770. Record is also made at this term of the follow- ing :

" Upon the Petition of Divers Inhabitants of the township of Pitt, in the county of Westmoreland, Humbly shewing that whereas your Peti- tioners together with a number of other Inhabitants of the Township afuresaid labor under great difficulties and disadvantages for want of a Public Road leading from the South-West side of the Monongahela River opposite to the town of Pittsburg, by Doctor Edward Hand's Land on Chartiers to the Settlement up said creek supposed to be at or near the western Boundary of the Province of Pennsylvania: And praying the Court would nominate and appoint men to view and examine the same and if they could find it necessary & Convenient that then & in such case to lay out a Public Road as they shall think may be least to the damage of the Neighbors or parties concerned & least injurious to the Inhabitants thereabouts and make return thereof under their hands to the Court, agreeable to an Act of Assembly in such Case made and Pro- vided. The Court appoints John Campbell, Benjamin Ronow, Phillip Ross, Christopher Miller, Jacob Bousman, and Andrew Robison to view the said road & that they or any four of them if they see cause do lay out the same as a Public Road by courses & distance the nearest and best way and make Report of their Proceedings to the next Court."

1 It is singular that the stream of water entering the river "two miles below the mouth of Ten-Mile," though the distance is not quite so great, should have had the name Fish Pot in 1773, the same name by which it is still known. The old road laid out across the river at this place was long a leading thoroughfare to the West. John S. Williams, in 2 American Pioneer, 442, describes the trip of his family from North Carolina to Marietta in 1802: " The mountain roads (if roads they could be called, for pack-horses were still on them) were of the most dan- gerous and difficult character. I have heard an old mountain tavern- keeper say that, although the taverns were less than two miles apart in years after we came, he has known many emigrant families that stopped a night at every tavern on the mountains. I recollect but few of our night stands distinctly, say . . . Tomlinson's (near Cumberland), Beeson- town (Uniontown), Simpkins', and Merrittstown. . . . After a tedious journey we all arrived safe at Fredericktown, Washington Co., Pa., where we stopped to await the opening of the land-office at Steubenville. . . . Made another start . . . in the afternoon and lay at Benjamin Town- send's at Fish Pot Run ; we lay also at the Blue Ball, near Washington ; at Bice's, on the Buffalo; and at Warren, on the Ohio." This party crossed at Millsboro' doubtless, although there was a ferry at the mouth of Fish Pot Run kept by James Crawford, and to this day the Crawfords reside across the river opposite. Oliver Crawford kept a ferry at the mouth of Muddy Creek.

2 This was the same Simon Girty, notorious in the border warfare, who, in the spring of 1778, with Alexander McKee and Matthew Elliott, deserted to the British-Indians, and in 1782 was present at the burning and torture of Col. William Crawford.

8 Both William Hawkins and Joshua Wright lived upon Peters Creek, and the latter was the great-grandfather of Joshua Wright, of Wash- ington. Benjamin Kuykendall also lived on Peters Creek, near the Monongahela River, and was afterwards a justice in the Yohogania court. "I crossed the Monongahela at 11 o'clock to-day, and went on foot two and one-half miles to Kerkendall's mills, where I bought four barrels of best flour at 118. 8d. per barrel, and one barrel of whiskey, thirty gallons, at 28. 6d. per gallon, all to be landed free of charge at the river this evening. The landlord tried his skill at fishing, but caught nothing except a terrible fish, if such it may be called, named an alli- gator."-Col. May's Journal, Tuesday, May 6, 1786, p. 32.

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CIVIL AND LEGAL-THE REVOLUTION.

This was the first road ever laid out by judicial pro- ceedings in any part of what is now Washington County, and doubtless one terminus was in the neigh- borhood of Washington. John Campbell lived in Lower Chartiers, Jacob Bausman on the "South Side" of the river at Pittsburgh, where his descend- ants yet reside, and Dr. Edward Hand was surgeon's mate "in his Majesties 18th reg't of Foot" at Fort Pitt before that post was abandoned by the English forces.

At this term record was made of the oaths of Joseph Beelor and James Caveat as county commissioners.

The next term of the Quarter Sessions was held the first Tuesday of January, 1774, when Andrew Pierce, Moses Brady, Morgan Morgan, David Allen, Henry Taylor, and John Kennon (doubtless John Canon) were appointed viewers "upon the petn. of 1774. divers Inhabitants of Springhill & Pitt town- ship," to view a road " to begin at Thomas Guess's [Gist's, Fayette County,] and from thence to Paul Froman's Mill near the River Monongahela, [mouth of Mingo], and from thence to another Mill of the said Paul Froman's on Chartiers Creek." 1

At the term of the Quarter Sessions held in April, 1774, there were quite a number of cases against Balt- zer Shilling, who annoyed old Henry Taylor in 1770 by marking trees, etc., as noticed in a note to a pre- ceding page. There was also an indictment for Riot against Adam Alexander, also mentioned in the note referred to. Charges of the offenses of Riot and Forci- ble Entry and Detainer are quite frequent all through these records, originating no doubt in personal con- troversies concerning land titles. The records of this term's business in the Quarter Sessions show the following interesting road proceeding :

"Upon the Petition of a number of the Inhabitants of Tyrone and Menallin townships. setting forth that they are under difficult circum- stances for want of a Public Road leading into Braddock's Road on any part of the mountain ; And further, we would observe to your worships that from the natural situation of the country, we at present who live on the west side of Monongahela River, are obliged frequently to carry our corn the distance of twenty miles to the mill of Henry Beason, near Laurel Hill, and in all probability at some seasons of the year will ever have to do so ; And praying your worships would be pleased to grant us a Public Road to begin on the east side of the Monongahela River, near the Old Fort, thence the nearest and best way to intersect Brad- dock's Road near the forks of Dunlap's Path and said road on the top of Laurel Hill.

" The court appoints Richard Waller, Andrew Linn, Jr., William Col- vin, Thomas Crooks, Henry Hart, and Joseph Graybill, viewers, etc."

Beeson's mill, where Uniontown now is, being fed by a mountain stream, was more available in dry sea- sons of the year than either of Froman's mills on the "West Side." Thomas Crooks was then, or soon afterward, of near Hillsborough. Joseph Graybill, of

Fallowfield township, was an ancestor of the present Grables on Pigeon Creek.

Passing now to the October term, 1775, of the Quarter Sessions, among the names of the grand jurors are Joseph Brownlee, Thomas Apple- gate, and William Teegarden. The state of 1775. social science of the times is illustrated by a record made at this term, which is copied entire :

" The King Felony (true Bill): Defendant being arraigned pleads guilty and submits to the Court.

Elizabeth Smith.

"Judgment that the said Elizabeth Smith be taken this afternoon (being the eleventh instant) between the hours of three and five, and there to receive fifteen lashes on her Bare Back well laid ou ; that she pay a fine of eighteen shillings and five pence to his Honour the Gov- ernor ; that she make restitution of the goods stolen ; that she pay the costs of prosecution and stand committed till complied with. Sheriff re- ceived his fee and fine : clerks fees and attorneys fees paid.

" Judgment."

But this was not the end of poor Elizabeth Smith's case. She was an indented servant, i.e., a white per- son sold for a term of years, perhaps for her passage- money across the ocean. This is indicated by an order made the next day upon a petition setting forth that the Elizabeth Smith so tried and punished was a servant of James Kinkaid, the petitioner, who prayed that she might be ordered to serve additional time for the period she had been confined in the county jail, and it was so ordered.

The next term of the Quarter Sessions was held on the second Tuesday of April, 1776. Observe that this was but a short time before the meeting of the Pro- vincial Conference at Carpenter's Hall, Philadelphia. There were several orders made relating to township lines, roads, and in recognizances in criminal causes, but no business of importance to us was transacted. Then there is an interregnum, and there are no records of any court held thereafter until Jan. 6, 1778, almost two years. For the last time is "The King" made the plaintiff in criminal prosecutions. A new order of things is about to be established. The people of Pennsylvania are soon to assume the sovereign power of governing themselves. This change of government and the manner in which our jurisprudence was affected by it will now be briefly sketched.

The Revolution .- A " Provincial Convention for the Province of Pennsylvania"2 had been held at Phil- adelphia on Jan. 23, 1775, and continued by adjourn- ments from day to day to the 28th. Similar conven- tions were held in other provinces and colonies. At this Philadelphia convention each of the counties ex- cept Westmoreland was represented, and resolutions were passed heartily approving the conduct and pro- ceedings of the Continental Congress, and it was re- solved that the convention would faithfully endeavor to carry into execution the measures of the Associa- tion entered into and recommended by them, that it

1 Paul Froman immigrated from York County, Pa., to the Shenandoah valley, Va., in 1732, and very early came thence to this country. His mill on Chartiers Creek was on the Eastern Branch, and the same with Beck's Mills in North Strabane. The tract on which it stood contained fourteen hundred acres, and was conveyed by Froman to Dorsey Pente- cost, Nov. 20, 1777.

2 III. Penna. Archives, Sec S, 625.

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HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

was the most earnest wish and desire of the conven- tion to see harmony restored between Great Britain and her colonies, " . .. but if the humble and loyal petition of said Congress to his most gracious Maj- esty should be disregarded, and the British adminis- tration, instead of redressing our grievances, should determine by force to effect a submission to the late arbitrary acts of the British Parliament, in such a sit- uation we hold it our indispensable duty to resist such force, and at every hazard to defend the rights and liberties of America." Other resolutions were adop- ted designed to stimulate the production of a suffi- cient supply of articles necessary for subsistence, cloth- ing, and defense ; " that from and after the first day of March next no person or persons should use in his, her, or their families, unless in cases of necessity, and on no account to sell to the butchers or kill for the market, any sheep under four years old. And where there is a necessity for using any mutton in their fam- ilies, it is recommended to them to kill such as are the least profitable to keep." The manufacture of madder and other dye-stuffs and the raising of flax and hemp was also recommended. And it was also significantly

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History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 36

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N Publication date: 1882 Publisher: Philadelphia : H.L. Everts & Co. Number of Pages: 1216

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N
Publication date: 1882
Publisher: Philadelphia : H.L. Everts & Co.
Number of Pages: 1216