USA > Pennsylvania > Washington County > History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men > Part 54
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" At a Court held for the district of West Augusta at Augusta Town, Nov. 19, 1776,
4 This protest was to avoid responsibility for escapes.
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HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.
" Pres't Edward Ward, John McCollock, John Cannon, William Goe, David Shepherd.
" Thomas Glenn, who was bound by recog. to appear at the Grand- jury Court, appeared & was Ord. to be prosecuted for beating his serv't. No prosecutor or witnesses appearing, It is Ord. that he be discharged.
"Ord. that the Court be adjourned until to-morrow morning 6 O'clock. " EDWD. WARD."
" At a Court Cond. & held for the district of West Augusta County, November the 20th, 1776,
"Pres't Edward Ward, John McCollock, John Canon, David Shep- herd.
" Capt. Wm. Christy prod. a Comm, of a Comp'y of Militia, took the Oath required by Ordinance of Convention & O. cd.
" Lieut. Jacob Bousman, the same as Ensigh, Hugh Smith, the same."
Here closes the Order Book of the old Augusta County Court.
Very many matters, showing a large and varied business done in this court, have been omitted. The parts of that old book passed over show the names of very many of our pioneers. The reader will please look at the map of the old Virginia counties, and ob- serve the extensive territorial jurisdiction of the dis- trict of West Augusta, whose last court was held within sight of Washington were it not for the inter- vening hill.
CHAPTER XVI.
THE CIVIL AND LEGAL HISTORY .- ( Continued.)
VIII. The Yohogania County Court.
The Court of Yohogania County .- In the ses- sion of the General Assembly of Virginia for Octo- ber, 1776, as shown in a preceding chapter, an act was passed defining the District of West Augusta, and dividing the said district into three new counties, Ohio, Yohogania, and Monongalia,1 and defining their boundaries severally, except as to Yohogania County upon the northeast, north, and northwest. The same act provided, as will be remembered, that the electors in each of the new counties should meet on the 8th of December next (those of Yohogania County at the house of Andrew Heath, on the Mo- nongahela River), "then and there to choose the most convenient place for holding courts for their re- spective counties." We have no returns of this elec- tion for Yohogania County, and the records now to be presented are obscure as to the place where the first courts of that county were held, whether in the lately erected twenty-four by fourteen feet building at Augusta Town, at Pittsburgh, or at the house of Andrew Heath ; suffice it to say that those first courts were held at all events at a place afterwards falling within the limits of Washington County, and from Dec. 23, 1776, to Aug. 24, 1780, exercised an undis- puted jurisdiction over all the lands west of the Mo- nongahela within the limits of that county. The war of the Revolution, as well as the constant press-
1 Chapter XLV .; 9 Hening, p. 262; see ante, p. 183.
ure of a contest with bloodthirsty savages instigated and directed by British management, united our pio- neers for common protection, and during the time re- ferred to there is but little if any trace of internal dissension. Even persons holding lands under Penn- sylvania rights held office, civil and military, under the appointment of this Virginia court. The pres- ence of a name, therefore, upon these pages will per- mit of no odious inference, but indicate only the part performed by the owner in those early days, and per- haps many will now first learn of positions, honor- able and full of danger and responsibility, filled by their ancestors in times that tried men's souls.
" YOMOGANIA COUNTY, Dec. 23, 1776. " In consequence of an act of the general assembly of Virginia put- ting off all that part of the District of West Augusta, Northward of the following bounds or lines (viz) Beginning at the mouth of Cross creek running up the several courses thereof to the head; Thence south- Easterly to the nearest part of the dividing ridge Between the Ohio and the Monongahela Rivers; Thence along the said Dividing Ridge to the head of Ten Mile creek ; Thence East to the road leading from Catfish Camp to Redstone old Fort; Thence across the said River to the said Fort; Thence along Dunlap's old road to Braddocks Road, and with said road to the meridian of Potomac River ;- and a Commission of the Peace and a commission of Oyer and Terminer, Directed to John Campbell, Edward Ward. Thomas Smallman, Dorsey Pentecost, John Gibson. Wil- liam Crawford, John Stephenson, John Cannon, George Vallandigham, William Goe, John Neville, Isaac Cox, John McDowell, Richard Yeates, John McDaniel. [McDonald ?] George McCormick, Philip Ross, Benjamin Kirkindall, William Harrison, Samuel Newell, Thomas Brown, Thomas Freeman, John DeCompt, Joshua Wright, Oliver Miller, Benjamin Har- rison and Zachariah Connell; Also a Dedimus Potestatum, directed to William Goe, John Neville and Isaac Cox, or any two of them, to ad- minister the oath prescribed by law, to John Campbell, Edward Ward, Thomas Smallman, Dorsey Pentecost, John Gibson, John Cannon, and Geo. Vallandigham, or any two of them, and they to administer the aforesaid oath to the aforesaid justices.
" Whereupon the aforesaid William Goe and Isaac Cox administered the aforesaid oath to the aforesaid Dorsey Pentecost, who thereupon did administer the aforesaid oath to the aforesaid Richard Yeates, George McCormick, Benjamin Kirkindall, Samuel Newell, William Goe, Isaac Cox, Thomas Freeman, Joshua Wright, Oliver Miller, Benjamin Frye, Matthew Richie, Andrew Swearingin, and John Canon, as Justices of the Peace.2
"The court then proceeded to the election of their clerk, whereupon the said Dorsey Pentecost, Esquire, was unanimously chosen and ap- pointed their Clerk, and ordered to take charge of their rolls.
" Dorsey Pentecost took the oath Prescribed by Law as Clerk of this court.
" The court demanded the Records and Papers from John Madison, Junior, Deputy Clerk of East Augusta, in whose custody they are; Which he Peremptorily refused, Notwithstanding he confessed he had seen an Act of assembly directing him so to do.
"Edward Ward, gentleman, came into court and prayed that the court would receive his reasons for refusing to act as Sheriff of this county, which was granted and were as follows:
" That he cannot think of acting as Sheriff, or appointing any under sheriffs, until the line Between the states of Virginia and Pennsylvania atu fixed or limited; for on the North Eastern Bounds of this County There is still a Door open for dispute and Contintion, which has been heretofore the cause of Disturbing the Peace of the People settled and Claiming alternately the Jurisdiction of Each Government, and before he can think of acting or any Person under him, he proposes praying the general Assembly to have a Temporary line fixed between them, or the limits of Pennsylvania run or the Government of Virginia Per- emptorily running the same, until which is done he cannot think of
2 Subsequently others of the persons named in this commission of the peace came in and were duly qualified, to wit : John McDowel, George Vallandigham, Zachariah Connell, William Goe, William Crawford, | John McDonald, John Campbell, and Jolin Stephenson. A new commis-
sion was again issued, as will be seen, on May 26, 1778.
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CIVIL AND LEGAL-THE COURT OF YOHOGANIA COUNTY.
acting in any state or Government to Infringe on the reserved rights of his fellow subjects; he farther assures that when Government has this done, he is ready to act with Cheerfulness, and if this Cannot be done he begs that the Court will Recommend some other gentlemen to his Ex- cellency to serve as Sheriff,-and hopes the Court will acquiesce in Pro- moting the having the above bounds ascertained ; and further offers to qualify into the Commission of the Peace.
" The Court is of opinion that the said Edward Ward, gentleman, may be Permitted to Qualify into the commission of the Peace, they being of opinion that he is no sheriff until he enters into Bond before this Court, and comply with the Tinner of his commission as Sheriff; Whereupon the said Edward Ward came into court and took the oath of a justice of the Peace.
"The Court is of opinion that Joshua Wright, Gentleman, is a proper person to be recommended to his Excellency the Governor to serve as sheriff, the whole of the above gentlemen named in the Commission of the Peace who are qualified refusing to act in said office on account of the great difficulty they apprehend will attend the Execution of said office until such time as a line is fixed Between this Common Wealth and the state of Pennsylvania." 1
Then followed the appointment of constables,- Brice Virgin, Richard Elson, William Lankford, John Alexander, Samuel Clark, Samuel Griffith, Isaac Sparks, John Brown, James Bokias, Matthew Hays, William Gaston, William Hays, John Johnson, Josiah Orsborn, Philip Philips, Andrew Dye, Peter Aus- turges, and John Beans.
"Ord that Dorsey Penticost, Esquire, be recommended as a proper person to have the Command of the Militia of this County; and that John Cannon be a proper person to be recommended as Colonel of the said Militia; Isaac Cox be recommended as Leutenant Colonel of said Militia, and Henry Taylor, Maj. of said Militia.
" Ordered that the Clerk forward a letter to his Excellency & Council notifying the general dissatisfaction of the people of this county against the late Election being held on the Sabbath day, the short notice of the said election, and of the Inconveniency of the Bounds circumscribing the said County.
" Whereas by an act of the General Assembly the suits &c brought and instituted in the Court of the District of West Augusta are directed to be determined in this Court and the Papers and Records relative thereto are now in the hands of John Madison, Junior, Deputy Clerk of East Augusta, who hath this day been called upon to deliver the said Papers and records to this court, which he, the said John Madison, in contempt of the said Act and the demands of this Court refuses to de- liver, to the Manifest Injury of Individuals and evident hurt of the publick :
"Ordered, therefore, that a Process be Issued to apprehend the said John Madison and forthwith bring before this Court to answer the above misdemeanor.
" Court adjourned until in Course. " EDWARD WARD."
"Court met on Monday the 28th of April, 1777, according to adjourn- ment to Court in Course.
"Present, Edward Ward, John Cannon, John McDowell, 1777. Richard Yeates, Benjamin Kirkindall, Joshua Wright, Oliver Miller and Andrew Swearingen, Gentlemen, Justices.
"On the Courts meeting and the Sheriffs Commission not coming to Mr. Joshua Wright, agreeable to recommendation of the Court, and not- withstanding Col. Pentecost's letter to Colonel Cannon, Insuring him he had a Sheriff's Commission for Mr. Wright, he refused to act Protem- pory. Therefore the Court was reduced to the Necessity of appointing another, as there was an Election to be held for a Senitor and Delegates, and a Criminal to be tried and other Breeches of the Peece.
" The question first being put to Mr. Joshua Wright, to be appointed protempory, and he refused, notwithstanding his hearing of the Com- mission as aforesaid ; but said if his commission had come to this Court he would have sworn into said Office :- The question then being put to
1 Joshua Wright was the great grandfather of Joshua Wright, | banker, of Washington. He had been safely through Crawford's ex- pedition in 1782, but the next spring, while going down the river with produce, was killed by the Indians. It seems to have been the custom that the sheriff should be appointed from those in the commission of the peace, as was Joshua Wright.
the rest of the Court, who would serve as Sheriff, and all refuse I to ar- pect Mr. William Harrison, who agreed to be appointed, and the Court unanimously agreed that the said Mr. Harrison be recommended a a proper Person for Sheriff, and Mr. Joshua Wright concurred with the Court.
" The Court is of opinion that William Harrison, Samuel Newell and Thomas Freetown are proper persons to be recommended for sheriffs the Insuing year.
" William Harrison came into Court took the Oath as Sheriff.
" Court adjourned Tuesday, 7 O'clock."
" Court met according to adjournment.
" Pres't Edward Ward, John Cannon, John McDowell, Richard Yrates, Benjamin Kirkindall, Joshua Wright, Oliver Miller, Andrew Swear- ingen, Gentlemen, Justices." * * * * *
"The Court still laboring under grent difficulty for the want of a Clerk, as Colonel Dorsey Pentecost, our former Clerk lying in Baltimore in the Small Pox : The Court then applied to Mr. James Innis who the said Colonel Penticost had appointed to serve as Clerk in his Absence, and when application was made to said Mr. Innis he refused to attend the Court; his answer was that he only agreed to attend the March Court, upon which the Court choose Mr. Isaac Cox for their Clerk, who Came into Court and swore into said Office."
Zachariah Connell (the proprietor of Connellsville), William Lee, and Andrew Heath were sworn as cap- tains of the militia, John Canon as colonel, and Henry Taylor as major.
At the next term, held May 26, 1777, "present, William Crawford, Benjamin Kirkendall, John Mc- Daniel, and Oliver Miller, Gentlemen, Justices,"
"Colo. Dorsey Pentecost came into Court and beged that the Court would consider the Cause of his not attending their Court at their last meeting-he, the said Pentecost, Convinced this Court that it was out of his power to attend, he being at that Time confined in the Small Pox ;- and prayed the Court to reestablish him in his office of Clerk of this Court, Colonel Isaac Cox who was appointed Clerk of this Court to suc- ceed him, acquiescing, in said Petition, on the Proviso, that his Bonds given the Court for the due performance of his Office, be given up or Confiscated ; the Court is therefore of opinion that the Reasons offered by the said Pentecost for bis non-attendance at Last Court is satisfactory and the Court acquiesce with his and Colonel Cox's request, and it is accordingly ordered that Colonel Cox's Bond be delivered him and he is hereby released therefrom and that the said Pentecost enter into Bond with this Court for the due performance of his Office, and to Take the charge of the Rolls of this Court as Clerk to this Court.
"Colonel Isaac Cox took his seat in Court."
Thomas Cook was sworn as captain of the militia, John Muckelhany and Benjamin Kirkendall2 (other- wise called Jersey Ben) were appointed constables. On May 27th, Michael Thorn and Joshua Meeks were sworn as captains of the militia. To Zachariah Connell, Edward Ward, William Goe, Thomas Freeman, Ben- jamin Frye, Benjamin Kirkendall, Oliver Miller, Richard Yeates, Andrew Swearingen, John McDaniel (McDonald), Samuel Newell, Matthew Richie, and Isaac Cox was assigned a portion of territory in which he was to "Take in the list of Tithables."
" June 26th, 1777, Court met according to adjournment.
" Pres't, John Campbell, Isaac Cox, Richard Yeates, Thomas Freeman, Oliver Miller, and Zachariah Connell, Gentlemen, Justices.
"Ordered, That the sheriff cause to be erected a pair of Stocks and a whiping post in the Court-House Yard by next Court.
" Upon the information of Zachariah Connell, Gentleman, That James Johnson did this day swear two profane oaths and two profane Cusses: Ordered, That the said James Johnston be fined Twenty Shillings, Cur- rant money for the same.
2 Not the justice; there were two B. K's.
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HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.
" Upon the Information of Isaac Cox, Gentleman, that James John- son did this day swear three profane Oaths and one profane Curse; Or- dered, That the said James Johnston be fined Twenty Shillings Currant money for the same.
"Upon the Information of John Campbell, Gentleman, that James Johnson did this day swear four profane oaths: ordered, That the said James Johnston be fined one pound Currant money for the same.
" Ordered, That Richard Yeates and Isaac Leet be appointed to meet two Gentlemen, to be appointed by the Court of Monaungahela County, at the House of Captain Reason Virgins, on the forth day of August next, to run the line agreeable to act of Assembly between this County and the said County of Monaungahela.
"Ordered, That Richard Yeates and Isaac Leet be appointed to meet two gentlemen, to be appointed by the Court of Ohio County, at the house of William Shearers, on the head of Cross Creek, on the first day of August next, to run the line between this County and the said County of Ohio, agreeable to Act of Assembly.
" Ordered, That the Court of Monaungahela be requested to appoint two Gentlemen of their County, to meet two Gentlemen already ap- pointed by this Court, at the House of Captain Reason Virgins, on the forth day of August next, to run the line between this County and the said County of Monaungahela, agreeable to Act of Assembly.
" Ordered, That the Court of Ohio County be requested to appoint two Gentlemen of their County, to meet two Gentlemen already appointed by this County, at the House of William Shearers, on the head of Cross Creek, on the first day of August next, to run the Line between this County and the said County of Ohio, agreeable to the act of Assembly.
"Ordered, That Court be adjourned until Court in Course. " ISAAC Cox."
" At a Court Continued and held for Yohogania County, August 25, 1777.
" Preseut, Isaac Cox, Richard Yeates, Thomas Freeman, John Mc- Dowell, and Zachariah Connell, Gentlemen, Justices.
" Ordered-That for Conveniency of Setling and Expediting Business, That the Court be adjourned to the House now occupied by Andrew Heath.
" ISAAC COX."
" At the House of Andrew Heath Court met according to adjournment. " Present John Campbell, Isaac Cox, Richard Yates, Thomas Free- man, John Cannon, John McDowell, John McDaniel and William Goe, Gentlemen, Justices."
Jacob Bousman was sworn as a captain of militia, George Vallandigham as one of the justices, Isaac Leet as a deputy sheriff, and John James Wood as a constable.
On Aug. 26, 1777, Joseph Wills was sworn as a constable, and on this day,
" Upon the Petition of Paul Froman, setting forth that he is desirous of Building a Water Mill on Mingo Creek at the mouth thereof; and praying an order to view and Condemn one acre of Land on the oppo- site side from said Froman's Land for that Purpose :
"Ordered, That the sheriff be Commanded to summon twelve Free- holders of his Vissinage to meet on the aforesaid land and they being first sworn shall diligently View and Examine the said Land which shall be Effected or Laid under Water by the Building said Mill, with the Timber and other conveniences thereon, and that they report the same to next Court. with the true Value of said acre of Land Petitioned for, and of the Damages done the party holding the same."
On the same day was the following action taken by the court :
"Ordered, That the following Gentlemen be appointed to make a Tour of the Different Districts hereafter mentioned, and Tender the Oath of Allegiance and Fidelity to this Common Wealth to all free Male Inhab- itants, agreeable to an Act of Assembly Intitled an act to oblige all the free male Inhabitants above a Certain age to give assurance of allegiance to this state and for other purposes Therein mentioned.1
1 This act by the Virginia Legislature has been previously quoted in the chapter on the " Boundary Controversy." For the act itself see 9 Hening, 281.
" Ordered, That Matthew Richie, Gentleman, be appointed for the above purpose within the following Bounds, Vizt: Beginning at the mouth of Cross Creek and up the same to the Dividing ridge Between said Creek, Raccoon and Chartiers Creeks; thence along said Ridge to Croghans Line; thence up the same to Thomas Rogers's; Thence on Strait Line to the head of Indian Creek; Thence down the same to the Ohio; Thence down the said River Ohio to the Beginning.
"Ordered, That Samuel Newell, Gentleman, be appointed for the above purpose within the following Bounds, Vizt: Beginning at the mouth of Churtiers Creek, extending up the same to the mouth of Rob- ertsons run ; Thence up the said Run to Croghans Line; thence with said Line to Raccoon Creek ; Thence down said Creek to the Ohio; Thence up the same to the Beginning.
"Ordered, That John McDaniel, [McDonald] Gentleman, be appointed for the above purpose within the following Bounds, Vizt : Beginning at the mouth of the West fork of Churtiers Creek, Extending up the said fork to the top of the dividing ridge, Between Churteers Creek, Cross and Raccoon Creeks; thence along said ridge to the head of Robertsons run; thence down said Run to the Churteers Creek ; thence up the said Creek to the Beginning.
" Ordered, That Andrew Swearingen, Gentleman, be appointed for the above purpose within the following Bounds, Vizt .: Beginning at the mouth of the West fork of the Churteers Creek and Extending up the same to the Top of the dividing ridge Between Churteers Creek and Cross Creek ; Thence along said ridge to the south Bounds of the County ; Thence with said Bounds to the Main Fork of Churteers Creek ; Thence down the same to the Beginning.
" Ordered, That Isaac Cox, Gentleman, be appointed for the above pur- pose within the following Bounds, Vizt. : all that part of the County Ly- ing west of Sweekly Creek, East of the Allegheny River and North of the Monaungahela River .?
" Ordered, That Oliver Miller, Gentleman, be appointed for the above purpose within the following Bounds, Vizt .: Beginning at the mouth of Peters Creek and extending up the same to the head; thence a Strait Line to Ezekiel Johnstons on Churteers Creek; Thence down the same to the mouth ; Thence up the Ohio and the Monaungahela to the Begin- ning.
"Ordered, That Benjamin Kirkindall, Gentleman, be appointed for the above purpose within the following bounds, Vizt .: Beginning at the mouth of Pigeon Creek, Extending up the same to the head ; Thence a south line to the South Bounds of the County; thence with the said Bounds to the Top of the dividing ridge between the waters of the Mo- naungahela River and Churteers Creek; thence along said ridge to the head of Peters Creek ; thence down the same to the Monaungahela River; thence up the same to the Beginning.
" Ordered, That William Goe and Thomas Freeman, Gentlemen, be appointed for the above purpose within the following bounds, Vizt. : Be- ginning at the mouth of Little Redstone Creek, and Extending up the same to the House of William Castlemans ; Thence on a Strait line to the mouth of Washington's Mill run; thence up said Run to Froman's Road ; Thence along said road to Thomas Gists, Esquire; Thence along Laurel Hill to Dunlap's old road; Thence with said road to the Mo- naungahela River ; Thence with said River to the Beginning.
" Ordered, That Zachariah Connell, Gentleman, be appointed for the above purpose within the following Bounds, Vizt .: Beginning at the head of Maryland and extending along Braddock's Road to Thomas Gists, Esquires; Thence with Froman's Road to head of Byers Run; Theuce down said Run to Yough River; Thence down the same to the mouth of Sweekly Creek ; Thence with said Creek and North Bounds of the County to the Beginning.
" Ordered, That Benjamin Frye, Gentleman, be appointed for the above purpose within the following Bounds, Vizt. : Beginning at the mouth of Little Redstone Creek, extending up the same to the House of William Castleman ; Thence on a strait Line to the mouth of Washington's Mill run ; Thence down the river Yough to the Monaungahela; Thence up the same to the Beginning.
"Ordered, That Richard Yeates, Gentleman, be appointed for the above purpose within the following Bounds, Vizt. : Beginning at the mouth of Pigeon Creek and Extending up the same to its fountain ; Thence south to the South Bounds of the County; thence with said bounds to the Monaungahela River; Thence down said River to the Beginning.
* *
* * *
* *
"Ordered, That the sheriff call on Mr. John Anderson, of Pittsburgh,
2 This indicates that the jurisdiction claimed extended well up north- east of Pittsburgh.
CIVIL AND LEGAL-THE COURT OF YOHOGANIA COUNTY.
215
or any other person, for the papers and records belonging to the District of West Augusta, and that the said Sheriff give the said Mr. John Ander- son, or any other person who may deliver the snid Records, a Receipt for the same ; and that he deliver the said Papers and Records to the Clerk of this Court, who is also ordered to give the said Sheriff a Receipt for the said delivery.
"Robert Hamilton, a prisoner in the sheriff's custody, came into court and in the grocest and most imperlite manner insulted the court and Richard Yeates, gentleman, in particular; Ordered, that the sheriff con- fine the feet of the said Robert Hamilton in the lower rails of the fence for the space of five minutes.
"Ordered, That any prisoner or prisoners the sheriff have, shall be confined in the guard or some other room in Fort Pitt, with the acquies- cence of General Hand, until such time as a proper goal can be provided for the county.
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