History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 61

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 61

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"SECT. V. Be it therefore enacted, . . . That if any Person or Per- sons shall erect or form, or shall endeavor to erect or form, any new and independent Government, within the Boundaries of this Commonwealth, as described in the Charter, and settled between this State and the State of Virginia, such Person or Persons, being thereof legally convicted in any Court of Oyer and Terminer, shall be adjudged guilty of High Treason."

In subsequent sections, of which there were six in number, it was also made high treason, and punish- able with death, to set up notices calling meetings for the purpose of forming a new and independent gov- ernment, or to advocate the same at any public meet- ing; trials were authorized in any county of the Commonwealth, and authority given the Supreme Executive Council to call out the militia to suppress any attempts " to set up a new and independent gov- ernment in any county or counties within the bound- aries of this Commonwealth, as above mentioned."

Then the Supreme Executive Council, through John McDowell,6 the member from Chester County, commissioned Rev. James Finley to observe the condition of sentiment among the people, 1783. and to dissuade them from the new treason- able project. Mr. McDowell said, "He has frequently Preached among them, & is expected there this spring ; he will therefore have it in his power to execute his Commission, without incurring the least suspicion of being employed by Council." The person employed,

5 2 Dall. L., 82.

6 IX. Penn. Archives, 729.

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CIVIL AND LEGAL-ORGANIZATION OF THE COURTS.

the terms of Mr. McDowell's letter, as well as of the instructions1 supplied to Rev. Mr. Finley, indicate the wisdom and prudence of the course adopted in deal- ing with this delicate subject, especially difficult to deal with among a people distracted in so many respects.

The report of Rev. Mr. Finley was as follows,2 omitting, however, the interesting circular letter he had used among the inhabitants :

"CECIL COUNTY, MD., April 28, 1783.

" SIR,

"As ye Hon'ble Council over which your Excellency presides was pleased to appoint me to fulfil ye Intentions of ye Legislature by en- deavoring to bring those deluded Citizens in ye western Counties to & proper Sense of their duty, who seemed disposed to separate from ye Commonwealth of Pennsylvania, & erect a new & Independent state & left it with me to act as prudence might direct, &c. And, as I undertook this business, they doubtless had a right to demand, & therefore may justly expect me to give an account of my conduct herein ; which, may it please your Excellency, was as follows :

" Immediately upon ye receipt of ye appointment, & your Excellency's Instructions, which were of singular use to me, I sett off ; and endeav- orer to gain all ye knowledge I could of ye sentiments and conduct of ye people in ye different parts of those settlements. And, as I found yt ye Inhabitants on ye east side of ye River Youghinganni were mostly opposite to a New State, I passed them by. A considerable number of those between sd River and ye Monaungehela, as well as a great part of Washington County, I found to be fond of it; being misled by a few aspiring, & I suspect ill-designing men, or by men, who had not thor- | owly considered ye whole matter which later was ye case of some of ye Clergy. I also found yt ye Act to prevent ye erecting any New and In- dependent States, &c. ; and likewise ye Act for ye sale of certain lande therein mentioned, &c .; of ye 3d of December last, quite intimidated & discouraged ye populace, who had been buoyed up with ye hopes of easily obtaining, & prospects of great advantage by a New State; and yt even ye Ringleaders were for eating in their words & putting a new face upon their conduct ; so yt ye design of ye Legislature was partly effected, yet ye people seemed rather hushed than convinced: Therefore I called upon a number of ye Ministers & other Gentlemen, conversed with some & wrote to others, as well as cautioned ye people after Sermon against having any hand in such Schemes.

"The Substance of my conversation, Cantions, & letters is to be found in ye copy of a letter I herewith send your excellency ; & which is nearly ye same with many I wrote on ye occasion; & which, in a leasure hour your Excellency may give a glance to if it may be thought worth while.

" I carefully concealed my appointment from every one; nor did any appear to suspect it. But while some approved of my conduct, others, viz., ye New Statesmen alledged I was too officious : yet I suspect appear- ing in a public Character in yt affair would not have answered any better end. I concluded however that having ye letters in their hands & reading them one to another, as I found was the case, they would be obliged to attend to ye arguments. I hope some good is done; & cannot | but believe yt ye New State affair is over at present. I was six weeks in yt country ; & would have tarried longer had it appeared requisite for ye good of ye State. But I must tell your Excellency yt I fear much opposition will be made, especially by those disappointed in their ex- pectations about a new State, & artifice used to evade a tax. I was greatly opposed in this ; and cannot answer ye objections against a tax

" If a Campaign should be carried on to your westward this summer or fall in order to check ye insolence of ye savages, who have already killed & captivated many ; ye people, I doubt not, will readily contribute in graiu or wheat, each man his share of ye tax ; & by this means will be brought into ye custom without either force or disputation. And if it should seem good to ye legislature, uutil money shall circulate more extensively, to appoint active & honest men to receive ye publick dues in flour & convey it to New Orleans to market, ye people would this way not only pay ye public tax, but also take out patents for their lands, So !

that in a short time many thousands would come into j' treasury, which otherwise need not be expected. With an ardent with for yo peace & prosperity of your Government this comes from your Excellency's

" most obedient & humble servant.

" JAMES FINLEY."

The reverend commissioner was much too modest in his expectations as to the results of his mission. The new State project troubled the government no more, and the history of this contention is now closed by quoting from the address of Mr. Veech :ª

"Now it is presumed that Mr. Finley's conferences with the clergy west of the Monongahela were chiefly. if not wholly, with Presbyterians, -McMillen, Smith, Dod, and Clark, Does he mean that some of them had been misleading the people? His language looks that way. And if they did so because they ' had not thoroughly considered the whole matter,' who can blame them ? It was a captivating scheme, and until recently not forbidden. And if they had not been as ' w.Be an serpents' to discern its seditions origin and the mischiefs it would work. it was perhaps because they were as 'harmless as doves.' Be this ns it may, the project quickly died out, and disaffection receded. . . . And yet, in looking back upon the new State project, one may be pardoned for the half-drawn sigh at its decapitation. With Pitt-burgh for its capital, so natural as to seem to have been made for it, how easily would it have sat in the sisterhood of States."

CHAPTER XVIII.

THE CIVIL AND LEGAL HISTORY .- ( Continued.)

Organization of the Courts-Returns of the First General Election- Early Judicial Proceedings-Reorganization of the Courts-Reduction of Limits, New Counties-The Constitution of 1790-Judicial Districts -Hon. Alexander Addison-Hou. Samuel Roberts-Hon. Thomas H. Baird-Hon. Nathaniel Ewing-Constitution of 1838-Hon. Samuel A. Gilmore-Amendment of 1850-Hon. James Lindsey-Hon. J. Ken- nedy Ewing-Hon. B. B. Chamberlin-Hon. A. W. Acheson-Hon. George S. Hart.

Organization of the Courts .- On the 17th day of September, 1781, to which date the reader is asked to return, Henry Taylor, being the first-named justice in the general commission heretofore copied, and therefore by long usage the president of the 1781. courts about to be organized, issued the venire for a grand jury, still on the files in its proper place, which is here copied because it is quite different from such venires of the present day :

" WASHINGTON COUNTY, 88.

SEAL.

" The Common Wealth of Pennsylvania, To the sheriff of Washington County, Greeting :

" We command you, that you omit not, by reason of any Liberty within your county, but that you enter therein, and that you 1 cause to come before our Justices assigned to keep the peace in the said in cash, otherwise than by alledging y' ye Assembly would surely adopt | County, and also to hear and determine divers felonies, trespasses, and some easy measure which ye people could comply with; and I hope this will be done, as those Settlements are nearly destitute of cash.

other misdemeanors in the said county committed, ou the Second day of October now next Insuing, at the House of David Hoge, at Catfish Camp, in the said county, Twenty-four good and Lawful men of the body of the county affore said, then and there to inquire, present, do and perform, all and singular such things, which on behalf of the said Commonwealth shall be injoined them ; And have you then there as well the names of the Jurors aforesaid, as also this writ: Witness Henry Taylor, Esquire, at Catfish, the Seventeenth duy of September, in the year of our Lord, one thousand Seven hundred and Eighty one, and in the Sixth year of the said Commonwealth.

[Endorsed]

" HENRY TAYLOR."

1 X. Penn. Archives, 163.

2 Ibid., 40.

3 Centenary Memorial, 355.

236

HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

" I have Sumoned the men whose names are mentioned in the Pannal hereto annexed as within I am commanded,

" LEVI WELLS, " Sub-Sheriff."

[" Pannal" attached.] " David Riddle. Josiah Scott.

George Vanemmon. Henry Dunuavau.

James Scott.

Alexander Eddy. Nicholas Littell,

Joseph Cowenhoven.

David Finley.

David Riddle.

George Vanemon.

David Finley. Henry Duunavan.

Patrick Scott. James Scott.

Arthur Forbes.

Joseph Cowenhoven.

Patrick McCullough.

John Morrison.

Hugh Scott, * *

* *

"Alexander Eady, Thomas Hambleton, James Patterson, Abraham Vanmidleswarth, and Nathaniel Brown, appointed to View, and if ne- cessary Lay out a Road the Nearest and best way from Catfish Camp to the Presbyterian Meeting-house in the forks of Chartiers creek, peti- tioned for by a number of the Inhabitants of Strabane Township, and to Report to Next Term.

"Hugh Montgomery Brackenridge, Esquire, Complains that a Road is much wanted from Catfish Camp to Pittsburgh; Whereupon Henry Hulce, Andrew Hood, Moses Coe, Joseph Beelor, James Bradford, Jr., aud John White, Junr., are appointed to View, and if necessary Lay out the Said Road, the nearest and best way from point to point, and report to next Term.

" Hugh Montgomery Brackenridge Complains that a Road is much Wanted from Juhn Cannon, Esq., his Mill to Pittsburgh; Whereupon Robert Ralstone, William Long, Thomas Brakeu, John Springer, John Henry, and Nathaniel Stokes are appointed to View, and if necessary to Lay out the said Road, by Course and distance the nearest and best way from point to point, and report to next Term.

" The recommendation of the Court is granted to James Wilson for keeping a Public house of Entertainment at Catfish Camp."

The only other item of business transacted in the Quarter Sessions at this its first term is the binding in a recognizance of John Fisher to appear at the next term, and in the mean time to keep the peace " towards all the liege subjects of the Commonwealth, and particularly towards William Bowan, Elizabeth

of Cumberland County, who was a member from that county of the Con- stitutional Convention of 1776, and also of that of 1790, and a member of the Supreme Executive Council in 1786. But it is pretty well settled that the first terms of the courts for Washington County were held upon the lot occupied by John Dudd ; for in the minutes of the first board of county commissioners for the year 1783, in which year is the first re- corded tax levy, one item of the levy was, "Laid on to pay the Court- House rent to Charles or John Dudd, £40." The record of disbursements shows th it there was paid to Charles Dodd that same year, for " Court- house Rent, 1 year, £15." This being for the third year, the inference is permi-sible that £15 was paid for the second year, and £10 for the first year. John Dodd occupied, as is well established, the lut whereon at present stands Mr. R. F. Strean's building, on the northwest corner of Main Street and Strawberry Alley, and upon that lot doubtless was held the first sessions of the courts. There is evidence that terms were held at other houses also, nutil were erected the Public Buildings, an account of which will appear elsewhere.

4 This was the Hugh Henry Brackenridge of a few years later. Just when or why or how his name was changed, as it undoubtedly was, is not known. He was born at Campbleton, Scotland, in 1748; came with his father to Pennsylvania at the age of five ; graduated at Princeton Col- lege, 1771, and was master of an academy in Maryland when the Revo- lution broke out; removed to Philadelphia, studied divinity, became a chaplain in the army ; settled at Pittsburgh in 1781 ; in 1786 was sent to the Legislature to have Allegheny County erected ; was made a judge in 1789, and from 1799 until his death at Carlisle, June 25, 1816, was a jus- tice of the Supreme Court of the State. He took a prominent part in the Whiskey Insurrection (quod ride), and was the author of several works, satirical, historical, and literary.

5 David Sample was admitted to the bar of Bedford County at the first court in 1771.

1 There was no sheriff yet in commission for Washington County, but it will be remembered that in the organic act it was provided that until a sheriff and coroner should be chosen for Washington County, the sheriff and coroner of Westmoreland County should " officiate and art."

2 This shows the struggle of this place for a name, -Catfish Camp, Washington, Bassett Town. David Huge wishe ! to call his town after his kin-man, Richard Bassett, of Delaware, as to whom see Johnston's " Hist. of Creil Co., Md.," 10G, 177, 1-4-85

3 It is thought that David Hoge never lived at Catfish Camp, though he doubtless bad a cabin here. He was the brother of Jonathan Hoge,

Second day of October, in the year of our Lord one Thousand Seven hun- dred and Eiglity-one, before Heury Taylor, Esquire, and his associates, Justices of the said Court.

" Hugh Montgomery Brackenridge,4 Samuel Irwin, and David Sam- ple, Esquires, admitted Attorneys, and sworn in open court.

"The said David Sample,5 Esquire, appointed To prosecute for the State.

" Grand Jury : Alexander Eady, Foreman. Samuel Frazer.

Alexander Karr.

Larance Ralasson.

Patrick Scott.

Norard Francway.

Arthur Forbes.

John Morison.

Patrick McCullough.

George Gillespie.

John Stephenson.

James Clemons.

James Furman.

Thomas Wilon.

Samuel Freazer.

Samuel Sillick."

Twenty-six in number.

On the same day (Sept. 17, 1781) another venire was directed to the sheriff,1 commanding him

" To cause to come before our Justices at Catfish Camp, at our County Court of Common Pleas there to be held for the County of Washington, on the Second day of October next, Twenty-four free and lawful meu of the body of your County, each of Whome has forty Shillings of Lands, Tenements or Rents by the year at Least, by whom the truth of the matter may be better known, and who are in no ways of kin to the par- ties, to make a Certain Jury of the County between the parties afforesaid in the pleas there depending, Because the said pirties, between whome the Matters in veriance are, have put themselves upon that Jury : aud have there the names of the Jurors and this writ : Witness Henry Tay- lor, Esquire, at Washington 2 the seventeenth day of September, Anuoq. Domini, 1781."

The panel returned with this venire for the first petit jury contains the following names :

David Dilly.

David Irwin.

Peter Letherman.

William Holmes.

George Demint.

Williamı Johnson.

Jonathan Markland.

Archibald Neal.

Philip Lewellin.

John Beard.

Matthew Steen.

David Enoch.

Joseph Shadan,

James Fitzpatrick.

David Clark.

Ex kiel Rose.

John Smith.

John Mannon.

Samuel Osburn.

Nathaniel Redford.

James Brownlee.

Julın Varvil.

By this writ and panel of jurors provision was made for the first Court of Common Pleas of Washington County.

But, as heretofore written, the Court of Quarter Sessions of the Peace, etc., was the principal court during the existence of the Constitution of 1776, and the venire first quoted is that which brought together at "Catfish Camp" the several justices commissioned, and who held the first term, the record of which in the original minutes will now be laid before the reader :

"At a Court of General Sessions of the Peace held at the house of David Hoge,8 at Catfish Camp, for the County of Washington, on the

Hugh Scott.

Henry Newkirk.

James Grabamı.

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CIVIL AND LEGAL-ORGANIZATION OF THE COURTS.

Bowan, and Elce Fisher, wife of the said John Fisher."

There was but little business transacted at the first term of the Court of Common Pleas. The venire, as heretofore copied, was dated Sept. 17, 1781. On that day a suit was brought by Philip Gililan against Mary Peters, widow. This defendant was the wife of In- dian Peter, living on "Indian Hill" tract, where West Brownsville now is.1 The case was never brought to trial, being non-prossed after a first and second rule to declare. No paper in the suit remains on file, except the writ, which was a summons in tres- pass on the case. The second suit on the docket was Sarah Taylor vs. David Williamson. At the term time there was a special imparlance, and special bail was entered. January term, 1782, rule to declare, and continuance. This defendant was Col. David Williamson, who the next month, February, 1782, led the militia of the county against the Moravian Indians at Gnadenhütten.

To this first term of the Common Pleas there were fifteen causes, ten of which were ejectments. In the first year of this court's existence there were two hun- dred and eighty-five causes, of which fifty-seven were contentions about land titles. The great source of these contentions, it will readily be surmised, was the condition attached by Virginia, on June 23, 1780, to her ratification of the Baltimore agreement of Aug. 31, 1779, determining the boundary controversy, in which it was provided "that the private property and rights of all persons acquired under, founded on, or recognized by the laws of either country previous to the date thereof be saved and confirmed to them, although they should be found to fall within the other; and that in the decision of disputes thereon preference shall be given to the elder or prior right, whichever of the said States the same shall have been acquired under," which humiliating condition Penn- sylvania, in the interest of peace, on Sept. 23, 1780, had accepted.2 Hence it followed that to determine which was the prior right, acquired under one State or the other, a suit at law was necessarily unavoidable, and the Virginia jurisdiction having been terminated the land-title contentions were left to be decided in the Pennsylvania courts, the greater part of them in Washington County.

At the first term of the Orphans' Court Elizabeth Green, minor, of the age of fourteen years, was " put an apprentice" to Patrick Allison, " till she arrives

at the age of eighteen years, to learn to read and also the art of housewifery." George Green, a minor of the age of two years, was "put an apprentice" to Patrick Allison, " till he arrives at the age of twenty- one years, to learn reading, writing, the five rules of arithmetic, also the art of farming." Abraham Tea- garden was appointed to be the guardian of the "affairs" of Jesse Bumgardner, a minor, "as far as his concerns lie in Washington County."

In order to show the style in which our fathers attended this term of court, it is said by Judge Wilke- son, in his " Early Recollections of the West,"3 writing of this period: "So great was the destitution of comfortable clothing, that when the first court of Common Pleas was held in Catfish, now Washington, a highly respectable citizen, whose presence was re- quired as a magistrate, could not attend court with- out first borrowing a pair of leather breeches from an equally respectable neighbor, who was summoned on the grand jury. The latter lent them, and having no others had to stay at home."

But at this term of court who of the justices com- missioned on the 24th of August, 1781, to hold the courts came together and what their surroundings ? To this inquiry the only answer to be found is in the letter of the truly honorable Thomas Scott to Presi- dent Reed,4 portions of which are copied :

" WASHINGTON, October 19, 1781.

" DEAR SIR,

" I am honored with your favor dated In Council, Philada., 27 August, 1781, and the several Commissions Inclosed. Immediately on rect. whereof I called a number of the Gent'n named in the general com- mission [%.e., to the justices], and administered to them the necessary oaths. Also acquaiuting as many as I had the opportunity of, with the paragraff in your Letters which mentions the oaths of Citizenship to be taken by our Electors. I am exceedingly sorry that I have to men- tion the great disgust this [last] requisition gives many, which In- creased from day to day until the court, when it came to be more pub- licly spoken of, and it was with considerable difficulty we could prevail upon such of the Grand jury as had not, to take the oath of fidelity. However they did, and business was done in a tolerable manner, but the great question was about the election.5

"Our County, its true, is unhapily divided into two grand parties, namely the Pennsylvania & Virginia, each claiming some special Indul- gencies; the one for their steady attachment to the state, the other on account of their Transfer, as it is called, from the other state. For my part I think what is right is right in either party, and am well satisfied all things prior to the agreement of the two states should be forgotten, and every man stand or fall on the demerit of his deeds in futur. My earnest desire to reconcile these parties, and steady adherence to nuter- ality between them in hopes of accomplishing this end, however un- reconciled they yet remain, hath had the effect in some measure of softening their resentment to each other on this ocation, and bringing the resentment of both on myself; one party alledging that of Course I was of the other, and therefore had wrote to Council that the oath might be urged in order to prevent the voats of those who still felt a little sore through old prejudices. The other avering I ought of right, to be of their party and was not, but had wrote for the said Instructions thereby to prevent the voats of those who were religiously scrupulous of multiplying oaths, especially as the line is not yet run, and thought themselves intitled to voat on their known attachment to the state, and, in a word, both declared for voating without oath, and that I was the only cause of its being required. So jealous and so unjust is the spirit

I See Centennial Celebration of Washington County, 45.

2 Of course the terms of this condition referred entirely to land titles. But a curious application of it was attempted. During the Virginia usurpation, Dorsey Pentecost had held the office of clerk of the Court of Yuhogania County, and Benjamin Johnston had been the county surveyor for that county, exercising that office even after Washington County was erected: These worthies, when they failed to get the corre- spouding offices for Washington County, complained in vigorous English that their respective rights under the terms of the compromise condition had been violated! See their letters: Dorsey Pentecost, Oct. 6, 1783, X. Penn. Archives, 181; Benjamin Johnston, Nov. 1, 1784; Ibid., 611.

8 II. American Pioneer, 159.

4 IX. Penn. Archives, 438.

5 To be referred to hereafter.

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HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.

of party, Council will see no mistery in all this, and if good grow to the County out of the mistake, I have no objection to the small sacrifice.

" Being under an indispensable necessity of being at Westmoreland Court the very day of the election I was not present, and know not how it was conducted. But I conceive there is the greatest necessity of the Legislature immediately ascertaining by publick action on what Terms The Inhabitants of this disputed Territory shall become Lawful Jurors, voaters, etc., which I hope the Council will think of, and if necessary Lay it before the house of assembly. I have not the least doubt but the people will Generally be good and faithful subjects if properly managed and supported.

" We still groan under the difficulty of an nnrun boundary line. . . .

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History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 61

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