History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 42

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 42

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1 X. Col. Records, 158; I. St. Clair Papers, 287.

quoting the letter of Governor Dinwiddie of March 21, 1754, in which it was said in this the last commu- nication at that time between the two governments upon the subject: " Your private letter of the 13, current, I have duly received, and am much misled by our Surveyors if the forks of Monongahela be within the limits of your Proprietaries' Grant. I have for some time wrote home to have the line run, that I may be able to appoint Magistrates on the Ohio (if in this government) to keep the traders and others in good order, and I presume soon there will be Commissioners appointed for that purpose. In the mean time, that no hindrance may be given to our intended expedition, it is highly reasonable, if their lands are in your Proprietaries' grant, that the settlers should pay the quit-rent to Mr. Penn, and not to his Majesty ; and therefore, as much as lies in my power, I agree thereto, after the time granted by my proclamation, to be clear of quit-rents, ceases." Thus successfully meeting the averment that there were any transactions of the provincial government which estopped her from asserting her jurisdiction upon the Ohio, Governor Penn then explains away the position in which he was placed by the Provincial Assembly when they refused to grant supplies to aid in the war referred to. This he does by stating that "unfor- tunately at this time there was no very good under- standing between the Government and the Assembly, and when Mr. Hamilton [then Governor] laid Mr. Dinwiddie's requisition before them, they declined complying with it, and urged for reasons that by the Royal orders to* the several Governors they were not to act as principals out of their own Governments; that they (the Assembly) would not presume to de- termine upon the limits of the Province; and that by papers and evidences sent down to them, and re- ferred to by the Governor, the limits of the Province had not been clearly ascertained to their satisfaction." He then states that at this date, 1754, only the tem- | porary line between Pennsylvania and Maryland had been established, and that only one hundred and forty-four miles from the Delaware. Mason and Dixon's line had not been surveyed and marked. The position of the French forts within the limits of the province had been ascertained by Mr. Hamilton from information from Indian traders, founded on computed distances and mountainous and crooked roads, with which the Assembly was not satisfied. " But if their declarations had been ever so formal or positive, I cannot conceive how any proceedings of theirs would affect the State of the Province, controul the jurisdiction, or prejudice the rights of the Pro- prietaries." The Governor then served a notice upon Lord Dunmore :

" And to prevent the setting up of claims and making conclusions of right by the Government of Virginia, from the circumstances of settle- ment on the one side, and non-claim on the other, I must take this op- portunity of notifying to your Lordship that the Proprietaries of Penn- sylvania do claim, by their said petition [then pending before the king]. as part of their Province of Pennsylvania, all the lands lying west of &

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CIVIL AND LEGAL CONNOLLY AT HANNAS TOWN.

Bonth line to be drawn from Dixon's and Mason's Line, as it is commonly called, at the westermost part of the Province of Maryland to the begin- ning of the fortieth degree of north latitude, to the extent of five de- grees of longitude from the river Delaware ; and I must request your Lordship will neither grant lands nor exercise the government of Vir- ginia within those limits, till his Majesty's pleasure may be known. . . . Mr. St. Clair is a gentleman who for a long time had the honor of serv- ing his Majesty in the regulars with reputation, and in every station of life has preserved the character of a very good worthy man ; and though perhaps I should not, without first expostulating with you on the sub- ject, have directed him to take that step [the arrest of Connolly], yet you must excuse my not complying with your Lordship's requisition of stripping him, on this occasion, of his offices and livelihood, which you will allow me to think not only unreasonable but somewhat dicta- torial. . . . "

This was the last correspondence between the two Governors for some time upon that subject.

Connolly at Hannas Town .- Dr. Connolly was left on the 30th of March, the day before the last preceding letter was written, in full possession of old Fort Pitt, surrounded by his body-guard of militia, but intending, as he stated to Æneas Mackay, to report as he had engaged to do to the court of West- moreland County, to be holden the next week, and to submit himself to its order. He did so report, but in a manner entirely unexpected. His proceedings are fully related in a letter written to Governor Penn on April 8th by Capt. William Crawford, the presiding justice of the Westmoreland court, and carried to Philadelphia by Col. George Wilson :1

"SIR,-As some very extraordinary occurrences have lately happened in this country it is necessary to write an account of them to you. That which I now give is at the request and with the approbation of the magistrates that are present attending the court. A few weeks ago Mr. Connolly went to Staunton (Va.), and was sworn in as a justice of the peace for Augusta County, in which it is pretended that the country around Pittsburgh is included, He had before this brought from Wil- liamsburg commissions of the peace for sevoral gentlemen in this part of the province, but none of them I believe have been accepted of. A number of new militia officers have been lately appointed by Lord Dunmore. Several musters of the militia have been held, and much confusion has been occasioned by them. I am informed that the militia is composed of men without character and without fortune, and who would be equally averse to the regular administration of justice under the colony of Virginia as they are to that under the province of Penn- sylvania. The disturbances which they have produced at Pittsburgh have been particularly alarming to the inhabitants. Mr. Connolly is constantly surrounded with a body of armed men. He boasts of the countenance of the Governor of Virginia, and forcibly obstructs the execution of legal process, whether from the court or single magis- trates. A deputy sheriff has come from Augusta County, and I am told he has writs in his hands against Captain St. Clair and the Bheriff for the arrest and confinement of Mr. Connolly. The sheriff was last week arrested at Pittsburgh for serving a writ on one of the inhab- itants there, but was after some time discharged. On Monday last one of Connolly's people grossly insulted Mr. Mackay, and was confined by him in order to be sent to jail. The rest of the party hearing it imme- diately came to Mr. Mackay's house, and proceeded to the most violent outrages. Mrs. Mackay was wounded in the arm with a cutlass. The magistrates and those who came to their assistance were treated with much abuse, and the prisoner was rescued.

1 X. Col. Records, 165; I. St. Clair Papers, 291. The writer of this let- ter was Capt. William Crawford, then residing at Stewart's Crossings (at Connellsville, Fayette Co.). He soon afterwards engaged in Dunmore's war, first as a captain, then as a major, and then became an active Vir- ginia partisan. In the next winter he was superseded in his commission 88 a justice for Westmoreland County. The leader of the expedition against the Indians in 1782, he was burned at the stake at Sandusky on June 11th of that year.

" Some days before the meeting of the court a report was apread that the militia officers at the head of their several companies would come to Mr. Hanna's, use the court ill, and interrupt the administration of justice. On Wednesday while the court was adjourned they came to the court-house [at Hannastown, Westmoreland Co.], and paraded be- fore it. Sentinels were placed at the door, and Mr. Connolly went into the house. One of the magistrates was hindered by the militia from going into it till permission was first obtained from their com- mander. Mr. Connolly sent a message to the magistrates informing them that he wanted to communicate something to them, and would wait on them for that purpose. They received him in a private room. He read to them the inclosed paper, together with a copy of a letter to you which Lord Dunmore had transmitted to him, inclosed in a letter to himself, which was written in the same angry and undignified style. The magistrates gave the inclosed answer to what he read, and he soon afterwards departed with his men. Their number was about one hun- dred and eighty or two hundred. On their return to Pittsburgh some of them seized Mr. Elliott, of the Bullock Pens, and threatened to put him in the stocks for something which they deemed an affront offered to their commander. Since their return a certain Edward Thompson and a young man who keeps store for Mr. Spear have been arrested by them, and Mr. Connolly, who in person seized the young man, would not allow him time even to lock up the store. In other parts of the country, particu- larly those adjoining the river Monongahela, the magistrates have been frequently insulted in the most indecent and violent manner, and are apprehensive that unless they are speedily and vigorously supported by Government it will become both fruitless and dangerous for them to proceed to the execution of their offices. They presume not to point out the measures proper for settling the present disturbances, but beg leave to recommend the fixing of a temporary line with the utmost ex- pedition as one step which in all probability will contribute very much towards producing that effect. For further particulars concerning the situation of the country I refer you to Colonel Wilson, who is kind enough to go on the present occasion to Philadelphia.

" I am, sir, your very humble servant." 2

The following letter was also sent along, written by Thomas Smith,8 who had witnessed the occurrences :

" WESTMORELAND COUNTY, April 7, 1774. "SIR,-The present transactions at this place are so very extraordi- nary, that I am persuaded you will be very much surprised at the rela- tion of them, if anything that is absurd and unwarrantable which orig- inates from Lord Dunmore can surprise you. I think I am warranted in this observation by his Lordship's letter to his honor, duplicate of which, together with a letter at the same time to Connolly, we have had just read to us.

" After Connolly was committed to jail in the manner you have been informed, the sheriff let him at large on his word of honor to return at the court. He did return, indeed, in such a manner as might have been expected from his preceding conduct. We heard, when we came up to this court, that he was mustering a large party in order to prevent the court from sitting. We thought that there could not be any foundation for such a report, but at the same time we thought it prudent to order the Sheriff to raise as many men as he could collect, to prevent us from being insulted by a lawless set of men acting under the color of author- ity. The time was so short that but few were collected on our side, and those few were ill armed, so that we found ourselves in a very disagree- able situation when we received certain intelligence that Connolly was coming down with two hundred armed men. When we found they were at hand the magistrates thought it prudent to adjourn the court, as it was near the time. They soon after came down to the number of one hundred and fifty or one hundred and eighty, with colors flying, and their Captains, &c., had their swords drawn. The first thing they did was to place sentinels at the court-house door, and then Connolly sent a message that he would wait on the Magistrates and communicate the reasons of his appearance. The bench and bar were then assembled in Mr. Hanna's house, where we sent him word we would hear him. He and Pentecost soon came down, and he read the paper which will be sent down to his Honor the Governor, with the bearer of this, and then he read a duplicate of Lord Dunmore to our Governor together with the letter mentioned before.

" The Court told him they would soon return an answer to what he

ª See deposition of George Wilson, IV. Penn. Archives, p. 492.

$ IV. Penn. Archives, 618.

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HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

had said. (They did not think it prudent to do it without consulting together and taking the opinion of the bar.) We soon agreed on the terms of the answer, and the gentleman who had the principal hand in forming it, has done it in such a manner as I am persuaded will pro- cure him the thanks of the government. It contains firmness and mod- eration, and, as far as I am capable of judging. it was not possible to form one more free from exceptions in our present situation. One in any other form might have been the occasion of altercations, which might have produced undne concessions, or been attended with the most fatal consequences ; for I have reason to believe that the greatest part of them were wishing for some colorable reason to quarrel. The bench proposed to deliver the answer in the court-house. However, in that particular they counted without their host, for they were refused ad- mittance and Connolly waited for them at the court-honse door, where Mr. Wilson, at the request of the Court, delivered it, and after exchang- ing copies they departed more peaceably than might have been expected. However, the consequences of such proceedings are too apparent to need be enumerated; the administration of justice must be entirely at a stand, and, indeed, I cannot help thinking that this mob has collected for that purpose, as I am well assured that amongst all those who assembled there was not one single man of any property ; on the contrary, the great- est part of them were such as are obliged to hide themselves from their creditors, or such as are under the necessity of taking shelter in this part of the country to escape the punishment of their crimes. It seems Lord Dunmore gave Connolly blank commissions, trusting to his own prudence to fill them up by inserting the names of proper persons. Con- nolly, in order to be consistent with himself, bestowed one of these com- missions on one ******** , an old fellow who has several times been com- mitted for felony. I don't, indeed, know that he has been convicted, because he has always broke the jail. Once I think he was committed to Lancaster jail and escaped. His character is so well known, that those who are the strongest advocates for the present disturbances are ashamed of his being appointed one of their Captains.

" The people in this part of the country who would wish to enjoy the benefits of society, and would submit to any form of government, are in the most disagreeable situation imaginable; their property, their liberty, and their lives are at the mercy of a lawless desperate banditti ! In such a situation they look for and have the utmost reason to expect, the protection of that government under which they have settled. What is the most proper method to be taken it would be presumption in me to suggest. There are but two ways; the one to agree on a temporary line of jurisdiction until the matter can be finally settled; the other, to establish a sufficient garrison at Fort Pitt to withstand the rabble, who act under Lord Dunmore's commission. It would have been a happy thing for this part of the country, if this last measure had met with suc- cess when it was first recommended to the Legislature; and, indeed, sensible people in this part of the country, who are well affected to this government, cannot help drawing conclusions from the opposition which that measure met with, which I am persuaded could never be the motives of those who may have made the opposition to it.

"The conduct of Lord Dunmore is really the most extraordinary, in the light in which the people of this part of the county are obliged to view it, that can be imagined. To establish the jurisdiction of a dif- ferent province over the people who have purchased, and settled, and lived for a considerable space of time, peaceably under this ; to establish this jurisdiction by a military force, is such an absurd measure, that I believe it will be difficult to suppose any in his senses would have adopted It.

" I hope you will excuse this incoherent scrawl, when I inform you that it is written in a small room amidst the clamor and confusion of a number of people. Excuse the imperfections.

" I am, sir, your most humble servant, " THOMAS SMITH.1

" JOSEPH SHIPPEN, Esquire."

1 Thomas Smith, the writer of this letter, was the brother of Dr. Wil- liam Smith, the provost of the College of Philadelphia, now the Uni- versity of Pennsylvania. They were natives of Scotland. Thomas was early a settler at Bedford, and became a celebrated lawyer. In 1775 he was appointed colonel of militin, and the next year was a member of the Pennsylvania Constitutional Convention. In 1780 was a member of the Continental Congress. From 1790 to 1794 he was president judge of the Mifflin, Huntingdon, Bedford, and Franklin County district, and was justice of the Supreme Court from 1794 to 1809, when he died.

He practiced at the bar of Westmoreland at the date of the text. In the account of the burning of Hannastown by the Indians on July 13,

With the foregoing letters was Connolly's address to the Westmoreland County magistrates, as follows :

" GENTLEMEN : I am come here to be the occasion of no Disturbances, but to prevent them. As I am countenanced by Government, whatever you may say or conceive, some of the justices of this Bench are the cause of this Appearance and not me. I have done this to prevent my- self from being illegally taken to Philadelphia. My orders from the Government of Virginia not being explicit, but claiming the Country about Pittsburgh, I have raised the Militia to support the Civil Author- ity of that Colony vested in me.

" I have come here to free myself from a Promise made to Captain Proctor, but have not conceived myself amenable to this Court, by any Authority from Pennsylvania, upon which Account I cannot apprehend that you have any right to remain here as justices of the Peace consti- tuting a Court under that Province ; but in order to prevent confusion, I agree that you may continue to act in that capacity, in all such Mat- ters as may be submitted to your determination by the acquiescence of the People, until I may have instructions to the contrary from Virginia, or until His Majesty's Pleasure shall be further known on this subject."

The answer of the magistrates to this act of mili- tary domination was as follows :

" The jurisdiction of the Court and officers of the County of West- moreland rests on the legislative Authority of the Province of Pennsyl- vania, confirmed by His Majesty in Council. That jurisdiction has been regularly exercised, and the Court and Officers will continue to exercise it in the same regular manner. It is far from their intention to occasion or foment Disturbances, and they apprehend that no such intentions can with Propriety be inferred from any part of their conduct; on the con- trary, they wish and will do all they can to preserve the public Tran- quility. In order to contribute to this very salutary Purpose, they give Information that every step will be taken on the part of the Province of Pennsylvania to accommodate any differences that have arisen be- tween it and the Colony of Virginia, by fixing a temporary line betwixt them." 2

Westmoreland County Justices Arrested .- But the capture of the Westmoreland County court-house and the impertinent interference with the justices by Dr. Connolly and his body-guard of militia were not enough. The same day of the date of William Craw- ford's letter the court rose, and Æneas Mackay, Dev- ereux Smith, and Andrew McFarlane, three of the justices residing at Pittsburgh, returned to their homes at that place. On the next day, April 9, 1774, all three were arrested upon the order of Dr. Connolly. Andrew McFarlane gave the particulars in a letter to Governor Penn, written just before being carried away, in which he said,-

" When Justice Mackay, Smith, and I returned from attending the Court last evening, we were informed that Dr. Connolly was determined to Issue Kings Warrants for us, which was served on the above-named Gentlemen and myself this day by Mr. Connolly's Sheriff, and an in- famous Constable who took me prisoner by the Sholder and Told me I must go to the Fort to Capt. Connolly to receive my sentence which I was Obliged to Do. The Crime which we are Charged with is for the answer we gave Dr. Connolly, in writing, by the Concurrence of the Court at Westmoreland, a Copy of which was enclosed to your Honor, per favor of Colo. Wilson. Connolly insisted much that we should give Bail for our appearance at Staunton & Court, in Virginia, which the other gentlemen

1782, published in the Greensburgh Argus in 1836, written by Judge Coul- ter, it is said, " Thomas Smith, Esq., afterwards one of the judges of the Supreme Bench, brought quarterly from the east, the most abstruse learning of the profession to puzzle the backwoods lawyers." He was admitted to the bar of Washington County at its second term, and was the attorney of Gen. Washington in his ejectment suit for his lands in Mount Pleasant township.

2 This address and the reply are in X. Col. Records, 167-68.

8 Down the Shenandoah Valley, the county-seat of Augusta County, Va.

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CIVIL AND LEGAL-COMMISSIONERS TO LORD DUNMORE.

and myself refused,1 so that we are to go to jail this Day, where we intend to remain until your Honor's Pleasure is known, which we make no Doubt will be in a short Time. They have taken two other Prisoners, one of which is Clark to Joseph Spear, Esquire, at this place, for assisting the under Sheriff of Westmoreland, to take one of their Virginia Cap- tains. Iam Taken at a very great Inconveniency as my Business is suffering much on account of my absence. Bul I am willing to suffer a great Deal more rather than Bring a Disgrace on the Commission which I bear under your Honor. I understand we are to be Guarded by a great Number of Militia to Staunton Goal, where we are to be kept in Close Confinement." 2

The three justices refusing to acknowledge the usurped jurisdiction were led under guard towards the valley of Virginia. After they had traveled one day together, Mackay obtained leave to proceed to Williamsburg, "in order to lay Connolly and his Mi- litia's conduct before my Lord Dunmore," while Smith and McFarlane proceeded with the officer to the Staunton jail. Arriving at Williamsburg, Mac- kay laid his story before Dunmore, who heard him to the end, and then told him "that Connolly was au- thorized by him as Governor of Virginia to prosecute the claim of that Colony to Pittsburgh and its Depend- encies, and as to taking of prisoners, he Connolly only imitated the Pennsylvania officers in Respect to Con- nolly's imprisonment by them." However, Dunmore permitted the justices to return home, which they did at once.3

Commissioners to Lord Dunmore .- In the mean time information of the interruption of the court at Hannas Town, communicated by the letters of Wil- liam Crawford and of Thomas Smith, with informa- tion also of the arrest of the justices, Mackay, Smith, and McFarlane, was received by Governor Penn at Philadelphia on April 19th, and on the 21st, the com- munications being laid before the Council, it was at once resolved to appoint commissioners "to go as soon as possible to Williamsburgh, in order to repre- sent to the Government of Virginia the ill Conse- quences which may happen to the Persons and Prop- erties of his Majesties Subjects, if an immediate stop be not put to the Disorders and violent proceedings which have been begun and are now carrying on, under the Authority of that Government,4 &c." James Tilghman and Andrew Allen, members of the

Governor's Council, men distinguished in their day (the former the father of William Tilghman, the em- inent chief justice of Pennsylvania), were appointed the commissioners with written instructions, first, to prevail upon Lord Dunmore to unite with the proprie- taries of Pennsylvania in a petition to the king to appoint commissioners to run and mark the boundary line, the expense to be equally borne by the two col- onies; second, whether he should so agree or not, they were to use every possible argument to induce him to agree to a temporary line until the permanent boundary could be established ; but the commissioners were not to accede to any temporary line which would give to Virginia jurisdiction over any lands lying to the eastward of the Monongahela.5

The commissioners arrived at Williamsburg on the 19th of May, 1774, and on the 21st had an oral conference with Lord Dunmore, in which the latter expressed his willingness to join in a petition to the king to appoint commissioners to settle the bound- ary, but stated that Virginia would not bear any part of the expense. He suggested that the commu- nications should be in writing, which method was adopted, and the different propositions and discus- sions are preserved.6

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History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 42

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