History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 51

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 51

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"For a more particular description of this part of our work, we beg leave to refer to the annexed plan and sketch of the Country through which the Line Passed. The season being now far advanced, we were obliged to desist from any farther Prosecution of the work, and agreed with the Virginia Commissioners to meet them at the South Western Corner of our State on the 16th of May next, to proceed in running and marking the Western Boundary of this State.

" Agreeable to our Commission to report the Situation of the Country and the best means of preserving the Communication and Connection between the Eastern and Western Parts of the State, we beg Leave to observe that the natural obstructions to so desirable a purpose may be in a great measure removed by a few easy instances of attention paid by the Legislature of this State to the Situation and exhausted condition of the Western Citizens. Their Publick Roads are numerous, extensive, and in bad order, while the Citizens being few in number, scattered at & distance from each other, and being harrassed and exhausted by an In- dian war, are unable to repair their Roads, or to open them through more easy and convenient Passes over the Hills and Mountains. A few hundred pounds, not exceeding one thousand, judiciously and frugally applied, would, in our opinion, make a tolerable good Waggon Road from York County to the Monongahela, and thereby facilitate the Ex- portation of Goods from this City to that Western Country, and secure their Trade with us, especially if the Ferry over the Susquehanna was made free to all the Citizens of the State. It appears probable to us that otherwise the Exertions of Maryland and Virginia to repair their Roads to that country will frustrate the Expectations, which we are entitled to entertain of enjoying the advantages of the Trade with the Western Parts of our own State. We beg Leave farther to observe that the nat- ural attachment of the Western Citizens to this State might be increased and fixed by an indulgence to their distressed Situation in the price of their Lands, and the Terms of Payment, and particularly in the remis- sion of the Interest due on the purchase Money, during the Time they have been obliged to evacuate their Possessions by the Savages, and fly to Forts for the security of their Lives and Families.

"JOHN EWING,

" DAVID RITTENHOUSE,

" THO. HUTCHINS.

" PHILA., 23d Dec., 1784."

JOINT REPORT OF THE PENNSYLVANIA AND VIRGINIA COMMISSIONERS.1

" Agreeably to the Commission given by the State of Virginia to James Madison, Robert Andrews, John Page, and Andrew Ellicott, & by

the State of Pennsylvania to John Ewing, David Rittenhouse, John Lukens & Thomas Hutchins, to determine by astronomical observations the Extent of five Degrees of Longitude west from the River Delaware in the Latitude of Mason's and Dixon's Line, & to run & mark the Boundaries which are common to both States, according to an agree- ment entered into by Commissioners from the said two States at Balti- more in 1779, & afterwards ratified by their respective assemblies: We, the underwritten Commissioners, together with the Gentlemen with whom we are joined in commission, have by corresponding astronomical observations, made near the Delaware & in the western Country, ascer- tained the extent of the said five Degrees of Longitude: and the under- written Commissioners have continued Mason's and Dixon's Line to the termination of the said five Degrees of Longitude, by which work the southern Boundary of Pennsylvania is completed.

"The continuation we have marked by opening vistas over the most remarkable Heights which lie in its course, & by planting on many of these Heights in the Parallel of Latitude, the true Boundary, Posta marked with the Letters P. & V., each letter facing the State of which it is the Initial. At the Extremity of this Line, which is the South West corner of the State of Pennsylvania, we have planted a squared unlettered white oak Post, around whose base we have raised a Pile of Stones. The Corner is in the last vista we cut, on the east side of an Hill, one hundred and thirty-four chains & nine Links East of the meridian of the western observatory, & two Chains & fifty-four Links west of a deep narrow valley through which the said last vista is cut. At the distance of fifty-one Links & bearing from it North twenty-three degrees east stands a white oak marked on the south side with three notches; & bearing South twelve degrees west & at the Distance of twenty-nine Links stands a black oak marked on the North side with four Notches. The advanced season of the year & the Inclemency of the weather have obliged us to suspend our operations; but we have agreed to meet again at the South West Corner of Pennsylvania on the sixteenth Day of next May, to complete the Object of our Commission. Given under our Hands & Seals, in the County of Washington in Penn- sylvania, this 18th Day of November, 1784.

" ROBERT ANDREWS, " ANDREW ELLICOTT, " JOHN EWING,

" DAVID RITTENHOUSE, "THO. HUTCHINS."

Thus was the south western corner of Pennsylvania at last found and marked; but the meridian line thence northward for our western boundary was as yet un- touched. The commissioners who had extended Mason and Dixon's line had adjourned to meet again to run this meridian line on the 16th day of the next May ; some obstacles must have intervened, however, for on April 11, 1785,2 Rev. Dr. John Ewing and Thomas Hutchins were appointed to de- 1785. termine and mark that boundary, to whom instructions were at once issued.º But Dr. Ewing resigned and Thomas Hutchins was absent, where- upon the Supreme Executive Council on May 5, 1785,4

" Resolved, That David Rittenhouse and Andrew Porter, Esquires, be appointed Commissioners to run and mark the boundary of this Com- monwealth, from the south-western corner thereof to the north western corner of the same; and that Andrew Ellicott, Esquire, be appointed a Commissioner, in conjunction with David Rittenhouse and Andrew Porter, Esquires, or either of them, or such other Commissioner or Com- missioners as may be appointed by Council, to run and mark the bound- ary of this Commonwealth, from the river Ohio, where it crosses the same, to the northwest corner of the State."

Andrew Ellicott was of Maryland, and on May 4,

2 XIV. Col. Records, 402.

* X. Penn. Archives, 438. For these commissioners a liberal provision of sixty gallons spirits, twenty gallons brandy, forty gallons Madeira wine, etc., was supplied.

4 XIV. Col. Records, 454.

1 X. Penn. Archives, 374.

203

CIVIL AND LEGAL-THE RUNNING OF THE PERMANENT BOUNDARY.

1785, wrote to President Dickinson1 : " I understand that the Executive Council (at the Head of which you preside) have appointed me one of your Commis- sioners to run the western boundary of your State, over the Ohio. As I have been employed in favor of Virginia on this business to that River, I find that I can attend with conveniency afterward in favor of Penn- sylvania." The other commissioner on the part of Virginia was Joseph Neville, and the commissioners on both sides met at the appointed place on May 16, 1785,2 and on Aug. 23, 1785, made their report, as fol- lows :3

" We, the subscribers, Commissioners appointed by the States of Penn- sylvania and Virginia, to ascertain the boundary between the said States :

" Do certify that we have carried on a Meridian Line from the South- West Corner of Pennsylvania Northward to the River Ohio, and marked it by cutting a wide Vista over all the principal Hills intersected by the said Line, and by felling or deadening a Line of Trees, generally thro' all the lower grounds; and we have likewise placed Stones marked on the East side P., and on the west side V., on most of the principal Hills and where the Line strikes the Ohio; which Stones are accurately placed in the true Meridian bounding the States aforesaid.

" Witness our Hands and Seals this 23d day of August, 1785.

" DAV. RITTENHOUSE,

"ANDREW PORTER,

"ANDREW ELLICOTT, " JOSEPH NEVILLE."

The western boundary was yet to be continued to the northwestern corner of the State, and, although none of that part north of the Ohio was touched by Washington County, yet it is proper that our record be completed by giving the further and final exten- sion.

1786.

It will be remembered that the commission to Ritten- house, Porter, and Ellicott authorized those gentlemen to continue the line to completion ; indeed, Mr. Ellicott was specially appointed to act for Pennsylvania north of the Ohio. In the early spring of 1786, however, the commissioners were changed. Rittenhouse and Ellicott were put upon the northern boun- dary between Pennsylvania and New York, which had been postponed the preceding year, while Alexander McClean, of Fayette County, was commis- sioned to assist Andrew Porter.4

On May 10, 1786, Col. Andrew Porter addressed to the Supreme Executive Council the following letter :"

" PHILA., May 10, 1786.

" GENTLEMEN :

"I beg leave to inform Council that I propose to proceed to the West- ward without loss of time, in order to complete the Line of the Western Boundary of the State; and being informed that Mr. Alexander Mc- Clean is to assist me in the business, should be glad his appointment might be sent him as soon as convenient. . . . "

The two commissioners made a report of progress on June 25, 1786, as follows : 6

" SHENANGO CREEK, 25th June, 1786.

" GENTLEMEN :

"We beg leave to inform Council, That on the 19th Inst. we began to extend the Line of the Western boundary of the State, and have pro-

1 X. Penn. Archives, 452. 2 Ibid., 440. 3 Ibid., 506.

4 XIV. Col. Records, 655; XV. Ibid., 38.

5 X. Penn, Archives, 760. 6 XI. Ibid., 26.

ceeded upwards of three miles. We have fallen in with several Hunting parties of Indians since our arrival in the woods; they all appear friendly and peaceable.

" We are, with Respect, &c., " ANDREW PORTER, " ALEXANDER MCCLEAN."

The final report was made Oct. 4, 1786 : 7

" We the commissioners appointed to ascertain and Complete the Line of the Western boundary of the State of Pennsylvania, beg leave to re- port: That we have ascertained and completed said Line by astronomi- cal observations as far as Lake Erie; having opened a Vista, and planted Stones in the proper direction, marked on the East side P., and that sald line extends some distance in the Lake.

"October 4th, 1786. " ANDREW PORTER,

" ALEXANDER MCCLEAN." d

The reader has been long kept about the south- western corner of Washington County, as originally erected, awaiting the ascertainment and marking of two imaginary lines coming together at that point, which, run and marked a century ago, then terminated a fierce but bloodless contest, and have since served to separate the jurisdiction of two sovereign and in- dependent States. He has seen how near, at one time, almost the whole of what is now Washington County was of being left to form a part of the State of Virginia. He will linger yet a while to read the language of Mr. J. H. B. Latrobe,9 at the close of his description of the manner in which the Indian escort stayed the London surveyors at the crossing of Dun- kard Creek, in 1767 :

"Subsequently, and by other hands, the line was run out to its termination, and a cairn of stones some five feet high in the dense forest now marks the ter- mination of Mason and Dixon's line, calling by that name the southern boundary of Pennsylvania, and, standing on the cairn and looking to the east and north, a fresher growth of trees in these directions indicates the ranges of the vistas so often mentioned. But mount the highest tree adjacent to the cairn that you may note the highest mountain within the range of vision, and then, ascending its summit, take in the whole horizon at a glance, and seek for a single home of a single descendant of the sylvan monarchs whose war-path limited the surveys, and you will seek in vain. But go back to the cairn, and listen there in the quiet of the woods, and a roll, as if of distant thunder, will come unto the ear, and a shrill shriek will pierce it, as the monster and the miracle of modern ingenuity-excluded from Pennsylvania as effectually by the line we have described as the surveyors of old were stayed by the Indian war-path-rushes around the southwestern angle of the State on its way from the city which perpetuates the title of the Lord Pro- prietary of Maryland, to find a breathing-place on the Ohio in the ' Panhandle' of Virginia."

7 Ibid., 69.

8 At this date, May, 1882, there is a joint commission, constituted by Pennsylvania and Ohio, at work restoring the boundary between those two States, and between Pennsylvania and New York. See the Reports of the Secretary of Internal Affairs, 1880, 1881, 1882.

9 Page 37 of his Lecture on the History of Mason and Dixon's Line before the Historical Society of Pennsylvania, Nov. 8, 1854, published 1865, now rare.

204

HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

CHAPTER XV.

THE CIVIL AND LEGAL HISTORY .- ( Continued.)

VII, The West Augusta Court.1

BEFORE proceeding with the extracts made from the interesting records of this court, there should be a notice of the judicial system then in force in Virginia.

The Virginia Judicial System .- In every county were appointed magistrates, called justices of the peace, usually from eight to thirty or forty in number, in proportion to the size of the county, of the most discreet and honest of the inhabitants. They were nominated by their fellows, but commissioned by the Governor, and served without pay. If the question before them were a question of law only, they de- cided it themselves; but if it were of fact, or of fact and law combined, it was referred to a jury. In the latter case, of a combination of law and fact, it was usual for the jurors to decide the fact, and to refer the law arising thereon to the decision of the justices. But this division of the subject lay in their discretion only. If the question related to any point of public liberty, or if it were one of those in which the justices might be suspected of bias, the jury undertook to de- cide both law and fact.

The justices executed their process by the sheriff or coroner of the county, commissioned from among themselves, or by constables of their own appoint- ment. When any free person committed an offense against the Commonwealth, if it were below the de- gree of felony, he was bound by a justice to appear before the court, to be tried on an indictment or in- formation. If the charge were a felony, the accused was committed to jail and a court of these justices was called; if, on examination, they thought him guilty, he was sent to the jail of the General Court, before which court he was tried first by a grand jury of twenty-four, of whom thirteen must have concurred to find a true bill, which being found he was tried by a jury of twelve men of the county where the offense was committed, and by their unanimous verdict he was acquitted or condemned without appeal. But if the criminal were a slave, the trial by the county court was final. In every case, however, except that of high treason, the Governor had the power to pardon.

In high treason the pardon could only be granted by the General Assembly.

In civil matters these justices had jurisdiction in all cases of whatever value not appertaining to the department of the admiralty. This jurisdiction was twofold. If the matter in dispute were of less value than four dollars and one-sixth a single justice might try it at any time and place within his county, and might award execution upon the goods of the de- fendant. If it were of that or greater value it was determinable before the county court, which con- sisted of four at least of these justices, assembled at the court-house of the county on a certain day in every month. From the determination of the county court, if the matter in controversy were of the value of ten pounds sterling, or concerned the title to or the bounds of lands, an appeal lay to one of the su- perior courts.

There were three superior courts, to wit, the High Court of Chancery, the General Court, and the Court of Admiralty. These courts were held at the capital of the State, at first Williamsburg, afterwards Rich- mond.2

Without further introduction, or further comment than an occasional note, the reader will now be intro- duced to the records of an extinct judicial jurisdic- tion ; those records made up on the day of the trans- actions recorded, and signed by the presiding judge at the end of each day's proceedings.

RECORDS OF WEST AUGUSTA COURT.

" His Majesties Writ adjourning the County Court of Augusta from the Town of Staunton to Fort Dunmore and with a new Commission of the Peace and Dedimus and a Commission of Oyer and Terminer and Dedi- mus from under the hands of John Earl of Dunmore, his Majesties Lieu- tenant and Governor in Chief, bearing date the sixth day of December, One Thousand Seven Hundred and Seventy-four, directed to Silas Hart, James Lockart, John Dickinson, John Christian, Daniel Smith, Archi- bald Alexander, John Poage, Felix Gilbert, Abraham Smith, Samuel McDowell, George Moffet, Sampson Matthews, Alexander McClenachan, William Bowyer, Matthew Harrison, George Matthews, Michael Bow- yer, Alexander Robertson, John Gratton, John Hays, Thomas Hugert, James Craig, Elijah McClenachan, John Frogg, Jonah Davidson, Wil- liam Tees, John Skidmore, George Croghan,3 John Campbell, John Con- nolly, Edward Ward, Thomas Smallman, Dawsey Pentecost, John Gib- son, William Crawford, John Stephenson, John McCullongh, John Can- non, George Vallandigam, Silas Hedge, David Shepherd, and William Goe, Gentlemen, being read and thereupon Pursuant to the said Dedi- mus the said George Croghan, John Campbell, John Connolly, John Gib- son, George Vallandigam & William Goe, Gentlemen, took the Usual oaths to his Majesties Person and Government, subscribed the Abjura- tion Oath and test, and also took the Oaths of justices of the Peace and of justices of the County Court in Chancery, and of justices of Oyer and Terminer, all which Oaths were administered to them by Thomas Smallman and Dawsey Pentecost, and then John Campbell and John Connolly administered all the aforesaid Oaths to the aforesaid Thomas Smallman and Dawsey Pentecost, who took the same and Subscribed the Abjuration Oath and Test, on which the court being Constituted the following members were present :

1 From the original records of the Virginia courts, held first at Fort Pitt (called by the Virginians Fort Dunmore), afterward for a few monthly terms near the borough of Washington, and subsequently, after the division into the three counties in 1776, on the Monongahela River, near the Allegheny and Washington County line, such extracts will be made as will serve not only to preserve from oblivion this interesting period of our legal history, but also to illustrate the character of the jurisdictional contest then pending, the nature of the legal business of that day, and, still further, the social condition of that early time. It will be remembered that the spelling of proper names is retained as in the original records.

" This account of the organization of the Virginia courts and their judicial system at the period covered by the records about to be intro- duced is taken from Thomas Jefferson's " Notes on the State of Virginia," written in 1781-82.

3 George Croghan and the persons whose names follow all lived west of the mountains.

AUTOGRAPHS OF THE JUSTICES OF THE OLD VIRGINIA COURTS.

Informally.

Gio (Loghan

John Campbell

Edward

# Sawfor)

John Canon

William got Thofmallman

Gaze ulen

Isaacfox

Beng Kuyken all

Richard Yeater (Samuel Newell

205

CIVIL AND LEGAL-RECORDS OF WEST AUGUSTA COURT.

" February 21st, 1775.

" Geo. Crogan, John Campbell, John Connolly, Thos. Small- 1775. man, Dawsey Pentecost, John Gibson, George Vallandigham, and William Goe, Gentlemen, Justices." 1

"George Brent and George Rootes took the usnul oaths to his Majes- ties Person and Government, sub. the Abjuration Oath and Test, then took the Oaths of Attorneys."

"Ord. that John Campbell, George Redman, Thomas Redman, and Benjamin Renoe, or any 3 of them being first sworn View a Road from Fort Dunmore to Frederick Dunfields, and make a report of the Conven- iences and Inconveniences to the next court."

"Joseph Hill is appointed a Constable in the room of Jacob Vanmetre, and that he be summoned to be sworn in the office."

" On the petition of James Johnston and others it is ord. Edward Cook, Joseph Hill, Senr., Levi Stevens, Gilbert Simpson, Richard McMahon, John Decker, Paul Froman, and James Innes, they being first sworn .View a Road from the Road from Thomas Gists to Fort Dunmore, to Paul Fromans on Shirtees Creek by James Devores ferry, and make report of the Conveniences and Inconveniences to the next Court."

" William Elliott 2 being bound over to this Court by Thomas Small- man, Gent., for disturbing the minds of his Majestie's Good people of this County by demanding in an Arbitrary & Illegal Manner of Sundry persons what personal Estate they are possessed of, that the same may be tax'd according to the Laws of Pennsylvania, being called, appeared, & on hearing the argument of the attorneys, the Court are of Opinion that he be Committed to the Goal of this County, & there to remain until he enter into a recog in the sum of £100 with 2 secys in the sum of £50 each for his good Behavior for the space of one Month, and there- upon the sd Wm. Elliot with John Harvie and Chas. Sims ackd them- Belves Indebted to our Souvereign Lord the King, the sd Elliot in the Bum of £100, and the sd Harvie and Sims in the sum of £50 each to be levied of their respective goods and Chattels, Lands, & Tenements, in case the said Wm. Elliot is not of good Behavior for the space of one month.

"Ordered that the court be adjourned until to-morrow morning 10 o'clock.

"GEORGE CROGHAN."

" At a court con'd & held for Augusta County at Fort Dunmore Feb. 22d 1775.

"Pres't John Connelly, Thomas Smallman, Dorsey Pentecost, Wm. Goe, Gentlemen, Justices.

" John Canon.3 one of the Gent in the Commission of the Peace &c. took the Usual Oaths to his Majesties Person and Government, sub- scribed the Abjuration Oath & Test, and then took the Oath of a justice of the Peace and of justice of the County Court in Chancery & of jus- tice of Oyer & Terminer. *

* * * " Pres't John Canon.

"On the petition of Alexr Douglass & others, It is Ord that Wm Crawford, Providence Mounce, Ezekiel Hickman, Joseph Beelor, John Vanmetre, Morgan Morgan, Vincen Colvin, Henry Taylor, Van Swear- ingen, they being first sworn view a road from Providence Mounces Mill by Ausbergers Ferry & from thence to Catfish Camp, and make a report of the conveniences & inconveniences to the next court.

" Ordered that Robert Henderson, Benjamin Kuykendall, John Rob- inson & James Sulivan, they being first sworn view a road from Fort Dunmore to Beckert's fort and make a report of the conveniences and inconveniences to the next court.

" Pres't John Gibson.

" David Sample, Gent, is recommended to the Gentn appointed to ex- amine atto's, that he is a person of Probaty, Honesty & Good Demeanor.

"On the motion of Henry Heath it is Ord that Silas Dexter, Gabriel Cox, Richd McMahon, Benj. Sweet, Robt. Henderson view the most convenient way from Fort Dunmore to Henry Heaths, they being first

sworn, & make a report of conveniences & inconveniences to the next court.

" Admin of the estate of Wm. Craig deed Is Granted to Andrew Vaughan, a creditor, he having complied with the law.

"Ordered that Gabriel Cox, Richard McMahon, James Bruce & Henry Heath or any 3, app. the Est.

" Patrick MeElroy took the Usual Oaths to his Majesties Person & Government, sub, the Abjur. Oath & test & then was sworn 28 8 Deputy Sheriff.

" William Christy took the usual oatha to his Majes's person & Gov- ernment sub. the abjur. oath & test which is ordered to be certified on his Commission of a Lieutenant of the militia of Pittsburgh & its Depen- dencies.

"Simon Girty4 took the usual Oaths to his Majesties Person & Govern- ment sub the abjuration Oath & test which is ord to be certified on bis commission of a Lieutenant of the militia of Pittsburgh and its De- pendencies.

"Jacob Bausman took the usual oaths to his Majesties Person & Gov- ernment sub the Abjur Oath and test which is ord to be certified on bis commission of Ensign of the militia of Pittsburgh and its Dependen- cies.

" Ord that Paul Froman, Thomas Cook, Josiah Crawford, Jacob Long, Richard Cooks, they being first sworn, view a road from Fort Dunmore to Paul Fromans and make a report &c.

* % % %

" Pres't John Campbell.

" Ab. John Connolly.

"John Connolly took the usual oathe to his Majesties Person & Gov- ernment, sub the ab oath & Test, which is ord to be Certified on his Commission of Maj. of the Militia.

" Pres't John Connolly.

" Wendle Ourey being bound over to this Court for acting as an a8- sessor5 under the laws of Pennsylvania appeared and having made con- fessions to the Court it is ordered that he be discharged from his recog.

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History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 51

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