USA > Pennsylvania > Monroe County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 160
USA > Pennsylvania > Pike County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 160
USA > Pennsylvania > Wayne County > History of Wayne, Pike, and Monroe counties, Pennsylvania > Part 160
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MONROE CO.
LACKAWANNA
983
MONROE COUNTY.
and Joseph Trach were by the terms of the act made trustees, whose duties it should be to receive written offers of donations in real estate and money, towards defraying the expenses of the lands and public build- ings for the use of the County of Monroe, the same to be held obligatory on the persons making them, and to be turned over to the county commissioners as soou as they should be elected. It was still further provided by this section that the county commis- sioners, so soon as they should be elected, should secure to themselves and their successors in office such lot or lots of land as had by popular vote been desig- nated as the site of the court-house; that they should receive subscriptions or donations in money or ma- terial toward the erection of the same, a county-jail and public officers and also levy and collect a tax sufficient for the building of such structures.
"SEC. 10. Provided for the exercise of the powers of the Supreme Court judges in the new county.
"SEC. 11. Pertained to the composition of the judi- cial district, and enacted that the county of Monroe should be annexed to and compose a part of the elev- enth district, and that the courts should be held on the third Mondays in February, May, September and December, . . . the first court to be held on the third Monday of December following the passage of the act.
"SEC. 12. Related to certioraris and appeals, and provided for the trial of causes already begun, or which should be commenced prior to the third Mon- day of October, in the courts of Northampton and Pike.
"SECS. 13 and 14. Related respectively to the returns of elections and to the imprisonment of criminals in the jail of Northampton County until such time as a prison should be constructed in Monroe County, and Sections 15 and 16 consisted of further specifications iu regard to jail fees and the removal of prisoners to Monroe County."
The territory of Monroe County was only re- duced seven years after its erection by the set- ting off of Carbon County. The great town- ship of Tobyhanna, carved from the vastly greater one of old Towamensing, formed a part of Monroe County upon its organization, and in 1842 that portion of its territory lying between the Lehigh River and Tobyhanna Creek was set apart as a township and called Penn Forest. This latter township was all that Monroe lost by the erection of Carbon. The act by which Carbon was brought into existence provided the following boundary lines :
" Beginning at the northwest corner of Northamp- ton County ; thence southwardly along the said couu- ty line till it intersects the northern line of Lehigh
County ; thence eastwardly along the top of the Blue Mountain to the southwest corner of Monroe County ; thence north wardly along the Monroe County line, and continue the same point of compass in a direct line through Tobyhanna township, in Monroe County, to such point as may strike the Luzerne County line; thence westwardly along the Luzerne County line to the place of beginning. . . . Provided, That the ter- ritory taken from Monroe County shall only embrace the township of Penn Forest, and that the said township of Penn Forest shall constitute the whole of the territory taken from Monroe County by the provisions of this act.1
It may not be commonly known that active measures for the formation of a new county were resorted to in that part of Northampton which is now comprised in Carbon County and the country contiguous during the early part of the present century. Indeed, one abortive at- tempt, more far-reaching in scope and of still earlier date, has been chronicled in these pages. Lehighton (on the Lehigh, within the present limits of Carbon County) was ambitions of be- coming the seat of justice of a new county as early as 1816. From time to time, before Monroe was formed, various movements were made, tending toward the erection of a county centering on the Upper Lehigh, any one of which, had it been successful, would either have long delayed the establishment of Monroe or materially affected its territorial limits when it was formed. There was a general disposition on the part of the residents in the region now form- ing the western part of Monroeto favor those pro- jects of county erection which contemplated the lo- cation of a seat of justice on or near the Lehigh. As a matter of interest to the reader who is curi- ous on this subject, we give one of the early peti- tions (with the names of signers) which was de- signed to include some of the territory which ultimately was embraced in Monroe. How much earlier than 1836 this project was entered upon is not known, but it was probably many years.
1 The framer of the act appears at first to have been in doubt as to whether Penn Forest was in existence, for he states that the line was to run " through Tobyhanna town- ship," but at the close of the clause he recognizes the exist- ence of Penn Forest, and makes a redundant provision as to that township constituting the whole of the territory to be taken from Monroe.
984
WAYNE, PIKE AND MONROE COUNTIES, PENNSYLVANIA.
Following is the petition referred to :
" To the Senate and House of Representatives of the Commonwealth of Pennsylvania :
"The Petition of the Subscribers, Inhabitants of Toamensin and the western part of Chestnut Hill and Ross Townships, in Northampton County, north of the Blue Mountain, respectfully represents, ---
"That the great distance of this portion of the County from the seat of justice at Easton occasions much expense aud great inconvenience to your Peti- tioners, and this expense and inconvenience is be- coming more expensive with the increase of Popula- tion, business, and improvements north of the blue mountain.
" These disadvantages have heretofore been repre- sented to your Hon. body and a division of the county so as to remove them has been petitioned for. Your petitioners now trust that these repeated prayers will induce your Hon. body to enact a Law that shall di- vide this county in such manner as to give to your petitioners the reasonable accommodation of a Seat of Justice north of the mountain. And your Peti- tioners beg leave most respectfully to propose that the line of such division should begin at the corner of Schuylkill and Northampton County on the top of the Blue Mountain ; thence along the dividing line of said Counties to where it strikes the Northampton County line; thence along the said line to where it joins the Luzerne County line; thence along the last-named line to where it strikes the Lehi; thence up the Lehi to the mouth of Tobyhanna; thence to Muddy Run so as to take in the saw-mill erected thereon ; thence (on a liue that shall include the western half of Chestuut Hill and Ross towu- ships) to where the road through Smith's Gap in the Blue Mountain strikes the line of Moore township; thence along the summit of the Blue Mountain to the place of beginning. And your petitioners further pray that the seat of justice for the proposed new County be established at Lehiton, the place where the elections for East Penn township are held, which place is for various reasons the most convenient and suitable, and where the County buildings will be erected on the public square in said Town by the vol- untary contribution.
" And your Petitioners will ever pray.
" George Olwine.
Nicholas Berger.
Adam Brown.
Jost Driesbach.
George Olwine, Jr.
Peter George.
George Greensweig.
Anthony Lowyer.
John Greensweig. Peter Korr.
Nicholas Snyder.
Edward Murray.
John Boyer. Jacob Snyder.
Henry Burger.
Heinrich Sillfuss.
Henry Blose.
Jacob Sillfuss.
Henry Boyer.
Heinrich Clinetob.
Andreas Ziegenfuss.
George Boyer.
Andrew T. Boyer. Jonathan Greensweig.
John Golt.
Linnert Strohl.
Paul Golt.
John Strohl.
Peter Blose.
Samuel Bahler.
Jonathan Heller.
John Hasleman.
David Greensweig, Jr.
Isaac Hasleman.
M. G. Christman.
Peter Lerfass.
Conrad Hasleman. John Balliet. Samuel Kline.
Nicholas George. Jacob Heath.
John Ziegerfuss.
John Beltz.
Michael Olewine.
Christopher Corell.
Jacob Snyder.
John Smith.
John Kuntz.
David Smith.
Daniel Schneider.
John Zess.
Peter Snyder.
Samuel Richardson.
Bernhart Bauman.
Jacob Smith.
George Kelcher. John Kurn.
Jolın Smith, Jr.
John Kelchner.
Simon Engbert.
Henry Bauman.
Adam Engbert.
John Bauman.
Conrad Clinetob.
David Stroup.
David Christman.
Nicholas Blose.
George Clinetob.
Henry Blose.
Joseph Groble.
John Boyer.
George Frever.
Jacob Hasleman.
Joseph Frever.
Jacob Arner.
David Brutzman.
John Arner.
Philip Frantz.
John Driesbach.
David Swartz.
Charles D. Bowen, Jr.
Samuel Golt.
John Closs.
Daniel Golt.
John Harkins.
John Golt. Thomas Vorley.
Jost Driesbach.
Jacob Fisher.
Jacob Golt.
John Ruddles.
George Olewine. William Pryor.
Jacob Yundt.
Lewis Erke.
Wilhelm Remely. Jacob Swenk.
Frederick Scheckler. Christian Houpt.
John Beltz.
Philip Daubenstein .
Daniel Closs.
Jacob Schwab."
Before the election to determine the location of the seat of justice was held, Daniel Stroud, Stogdell Stokes and other citizens of Strouds- burg, desiring that it should be fixed there, entered into bonds agreeing to erect the neces- sary public buildings in case the land offered by S. J. Hollinshead should be chosen as the site, without any cost to the county. The bonds were printed, making a sheet about the size of one page of an average newspaper, and in that form were used for electioneering pur- poses. The document began thus :
"Know all men by these presents, That we, Daniel Stroud, Stogdell Stokes, Joseph Wilson, John Boys, Morris D. Robeson and Michael H. Dreher, of the
Nicholas Smith.
985
MONROE COUNTY.
borough of Stroudsburg, are held and firmly bound unto Moses W. Coolbaugh, Benjamin V. Bush, William Van Buskirk, Michael Shoemaker and Joseph Trach, trustees appointed by an act of the Legislature of Pennsylvania passed the first day of April last, and unto the county commissioners, who shall be elected next October, aud afterwards, for the county of Mon- roe, erected by said act, in the just and full sum of ten thousand dollars, lawful mouey of the United States, to which payment, well and truly to be made, we, and each of us, do jointly and severally bind our- selves and each of our heirs, executors and adminis- trators, for and in the whole, unto the said trustees aud county commissioners, their certain attorney, successors or assigns. Sealed with our seal, dated the fourth day of July, A. D. one thousand eight hundred and thirty-six.
" Whereas, by the aforesaid act of the Legislature of Pennsylvania passed the first day of April last, . . . the above named, Moses W. Coolbaugh, Benjamin V. Bush, William Van Buskirk, Michael Shoemaker and Joseph Trach were appointed trustees to receive proposals and subscriptions and donations for build- ing a court-house, jail and public offices in and for the said county of Monroe, and, whereas, the site whereon to erect those buildings is by the act afore- said directed to be ascertained and fixed by election in this month (July) inst., and, whereas, it is desired by the said Daniel Stroud, Stogdell Stokes, Joseph V. Wilson, John Boys, Morris D. Robeson and Michael H. Dreher, that the site fixed upon may be in the borough of Stroudsburg aforesaid, and accord- ingly, the above bounden . in case the site should be fixed upon by election this month, on the land of S. J. Hollinshead, in Stroudsburg aforesaid, propose, offer, engage, covenant and contract to build, erect, set up and finish in a good and substantial manner, at their own proper expense, free and clear of any expense whatever to the said trustees or to the commissioners that shall be elected next October and their successors, or to the county of Monroe aforesaid, or to the citizens thereof, on such site in the said borough, one large house, fifty by thirty-three feet on the ground, three stories high, either the whole of stone, or the basement story of stone, and the other two of good brick, etc."
This was to be the court-house of Monroe County. The lower story was to have at the west end two rooms, about fifteen feet square, for public offices and to be made fire-proof; one corner at the east to be a kitchen and the other a " Debtors' Jail," with a stone jail-yard adjoining, surrounded by a wall fifteen feet high ; the middle of this story was to have a "jailer's parlor" and two rooms surrounded by stone wall for criminal apartments.
The middle story was to be finished for a court-room, and the upper story to be divided into three convenient jury-rooms.
There were various other specifications in the bond, in regard to a cupola and bell, a well, etc., " the whole to be finished in a substantial and durable manner without any needless work or useless ornament."
Stroud and his associates in their proposition left it to the option of the commissioners whether the court-house and public offices should be in one building, with the jail and jailer's house, in another building, or whether the latter should be separate from the court- house and public offices. In case the latter should be thought the preferable plan, they agreed to build one large building, fifty by thirty feet on the ground, and two stories high, to be used for the court-house, jury-rooms, etc., and another to serve as a jail and jailer's resi- dence, to be twenty-six by thirty-five feet, two stories in height, with a garret.
The bond was signed, sealed and delivered in the presence of Luke Brodhead and Jacob Bis- bing, on July 4, 1836.
A supplementary provision related to the supervision of the commissioners over methods and materials in buildings and arbitration in case of disagreement concerning their fitness.
The bond of the builders was accompanied by a tender of land to serve as a site for the proposed buildings, from Mr. Hollinshead, of which the following is the substance :
"I, Stroud J. Hollinshead, propose to the trustees . . , that I will at any time, when, hereafter, I may be requested to do so, convey by a good deed, clear of all incumbrances, a certain lot of land in the borough of Stroudsburg, beginning at the northwest corner of William Dean's lot; thence extending nearly westward, precisely the course and parallel with the main street, called Elizabeth Street, one hundred and sixty-five feet; thence nearly south- ward, to square off precisely from the last mentioned line, one hundred and thirty-three feet, and thence nearly eastward, one hundred and sixty-five feet to William Dean's lot, and thence by said lot nearly north ward, one hundred and thirty-three feet to the place of beginning ; for the purpose of having erected on said lot, a court-house, jail and public offices for the county of Monroe. And I covenant and contract furthermore to open a public street through my ground to commence at Elizabeth Street aforesaid, of
986
WAYNE, PIKE AND MONROE COUNTIES, PENNSYLVANIA.
the width of fifty feet, between my Tavern-House and stables, and to extend at that width nearly north- wardly to the south side of the above described lot. And I bind myself, my heirs, executors and adminis- trators and every of them, unto the trustees and commissioners for the time being, who may be duly elected for Monroe County, on the penalty or sum of ten thousand dollars, to make a good and law- ful title, clear of all incumbrances, unto the said commissioners, at any time when requested to do so, for the purpose aforesaid, to be and remain the prop- erty of the county of Monroe and the citizens thereof, forever, after the first day of November next, without charge. In witness whereof I hereunto have set my hand and seal, the eighth day of June, A. D. eighteen hundred and thirty-six.
(Signed) "STROUD J. HOLLINSHEAD.
"Sealed and delivered in presence of
(S. L.)
" WILLIAM DEAN. "S. STOKES."
COUNTY-SEAT CONTEST .- A curious and in- teresting contest for the location of the county- seat occurred after the erection of Monroe. There were three localities in nomination for the seat of justice,-Stroudsburg, Dutotsburg (also known as Monroe Square, and now uni- versally called the Delaware Water Gap) and Kellersville, the last-named being strongly championed by the people of the western por- tion of the county, while the chief strengtlı of the Smithfields, Stroud and the southern and eastern townships naturally went to Strouds- burg and the Water Gap. Two elections were held, the first resulting in no choice, and both being unquestionably grossly fraudulent. In fact, the second election was contested in the courts, the particular issue being the alleged dishonesty of the Middle Smithfield election board, for which its members were arrested.
In the issue of the Northampton Whig, July 20, 1836, the following item appeared :
"The good people of the County of Monroe seem to be halting between two opinions. They had an election for the seat of justice on the second instant, but there was no majority of the whole number of votes for cither of the places. Stroudsburg had but eight hundred votes, Kellersville about seven hun- dred and fifty and Monroe Square (Dutotsburg) about eighty votes. A new election will take place on Tues- day next, the 26th instant, at which we learn the con- test will be confined to Stroudsburg aud Kellersville. The partics have buckled on their armor in earnest, and
every honorable means, at least, will be resorted to by each, to insure success. In each place they have obligated themselves to erect the court-house, jail and public offices, those necessary appliances for the due conducting of the public affairs of the county, and the punishment of any rogue wherewith our future neighbors may be troubled."
In its issue of August 3d the Whig gave the following concerning the second election :
"We give below the result of the election for the site of the public buildings in Monroe County. A warm contest, from what we learn, was had, and it rumor be correct, not a little gouging took place. The following is said to be the return made by the judges of the election.
Stroudsburg.
Kellersville.
Ross
0
238
Chestnut Hill
4
305
Tobyhanna
6
126
Pocono
55
95
Hamilton
50
279
Stroud
376
31
Smithfield
224
2
M. Smithfield
345
2
Price
57
9
Coolbaugh.
15
5
1132
1062
70
The fraud in this election is manifest when it is taken into consideration that the total vote in 1836 was two thousand one hundred and ninety-four, and at the close of the exciting canvas of 1840, when a full vote was certainly polled, the total was only seventeen hundred and ninety-two. Boys of fourteen years voted in the county-seat election, and it is probable that many names were entered upon the lists which were either fictitious or copied from tomb-stones mossy with age.
It is a matter of tradition that the Middle Smithfield election board had three sets of re- turns of varying dimensions, and that when the roll of the townships was called, they kept an account of the total vote, and then reported that list which was sufficient to overcome the vote for Kellersville, without being excessively large. One return, it is said, was large enough to overcome any vote that could possibly be re- ported from the other townships.
Following is the vote in the Presidential election of 1840, by townships :
987
MONROE COUNTY.
Harrison.
Van Buren.
Stroud
131
160
Hamilton
45
222
Lower Smithfield
42
183
Middle Smithfield
2
208
Chestnut Hill
23
201
Pocono
18
146
Ross
32
147
Price
12
51
Coolbaugh
5
31
Tobyhanna
35
98
345
1447
Total
1792
John Place and Samuel Gunsaules, who con- stituted the Middle Smithfield board heretofore alluded to, were indicted for fraud in the elec- tion and appeared for trial in the courts of Pike County (those in Monroe not then having been organized). The only item which appeared in the court record concerning this celebrated case was the following (at the January Session of 1837):
" Commonwealth vs. John Place and Samuel Gun- saules .- Indictment for fraud and malpractice in the management and conducting of an election. Janu- ary 26, 1837 : True bill. Same day continued. The defendants were each held in $300 for appearance at August Sessions next. August 31, 1837 : Upon ex- ceptions filed and on motion, after argument, the in- dictment was quashed."
The trial, however, is authentically reported as one of the most remarkable which ever oc- curred in the remarkable old-time courts of Pike County. It was conducted before Judge Scott and Associates Dingman and Coolbaugh. George W. Woodward and M. M. Dimmick, Esqs., appearing for the prosecution, and Mr. Brooks, of Easton, for the defence.
Judge Scott quashed one or two counts in the indictment, and then, for some reason, left the bench ; whereupon Associate Judge Dingman assumed control of the case.
" The president judge," said he, "has seen fit to quash several counts in this indictment on grounds of common law. Now 'Bub'" (al- luding to Judge Coolbaugh) " and I know little of law, but I know all about the Legislature, for I have been a member of that, and "-lay- ing his hand impressively on a copy of pamph- let laws-" Bub and I will quash the other in- dictments on grounds of the Legislature."
And they did. Considerable acerbity and asperity arose from the case, but it finally died away and the unpleasantness is now only re- called in facetious speech and with smiles and laughter.
THE CIVIL LIST.
MEMBERS OF LEGISLATURE.
1838. Joseph Trach. 1839-40. Moses W. Cool- baugh.
R. Brodhead. John Flick.
1849. John D. Morris. J. M. Porter.
Michael Myers.
1850. Jolın D. Morris. 1851-52. Henry S. Mott.
1853. A. Edinger.
1854-55. A. Edinger.
1856-57. L. Westbrook. 1858-60. C. D. Brodhead.
1842.
Joseph Kerr.
1861-62. G. H. Rowland. 1863-64. Peter Gilbert.
1844. James Vliet.
John Jacoby.
1865-67. Allen Craig.
1845. John Jacoby.
1846.
No returns.
1847. B. S. Schoon- over.
C. A. Lucken- bach.
1876. A. J. Shoe - maker.
1848.
B. S. Schoon-
1880. M. Frank Cool- baugh.
over. A. G. Luchen-
baugh.
bach.
1884 W. E. Gregory.
STATE SENATORS .- Those representing Mon- roe, as well as those from the county. In 1836 the senatorial district was composed of Luzerne, Wayne, Monroe and Pike,-
1838-41. E. Kingsbury. 1842-44. Luther Kidder. 1849. Charles Frailey.
In 1850 a new district was formed, consist- ing of Wayne, Pike and Monroe Counties,- 1853-55. E. W. Hamlin | 1856-58. J. W. Walton.
In 1857 a new district was formed, consist- ing of Monroe, Carbon, Pike and Wayne,-
1859-61. Thos. Craig, Jr. 1862-64. Henry S. Mott. 1 1865-67. H. B. Beardsley.
1868-70. C. Burnett. 1871-73. A. G. Brodhead.
In 1874, by the new apportionment, the coun- ties of Monroe, Carbon and Pike were made to constitute the Twenty-second District,-
1876-78. C. Burnett. 1883. John D. Biddis.
-
1879-82. Allen Craig. 1885. G. H. Rowland.
MEMBERS OF CONGRESS .- (Those represent-
1840.
John Flick.
18441. Joseph Kerr. J.K. Heckman. Asa Packer.
1868-69. James Place. 1870-72. W. B. Leonard. 1872. R. S. Staples. 1873-74. Wm. Kistler.
Jos. Laubach.
1882. M. Frank Cool-
Jos. Laubach.
-
1843. Wm. Overfield.
988
WAYNE, PIKE AND MONROE COUNTIES, PENNSYLVANIA.
ing Monroe, as well as those from the county.) -The district was composed of Northampton, Monroe, Pike and Wayne from the erection of Monroe, and Carbon was added in 1843, and a part of Luzerne, by the new Constitution,- 1841. D. D. Wagener. 1853-57. Asa Packer.
1841-43. J. Westbrook.
1857-61. W. Dimmick.
1843-49. R. Brodhead. 1861-67. P. Johnston.
1849-53. M. Dimmick. 1871-75. J. B. Storm.
CONGRESS.
1866. D. M. Van Auken.
1868. D. M. Van Auken.
1876. F. D. Collins. 1878-80. Robt. Klotz.
1870. J. B. Storm. 1882-84. John B. Storm.
DEPUTY SURVEYORS.
1st. Jonas Hanna.
4th. Abraham Barry.
2d. Jas. H. Stroud.
5th. Robt. W. Swink.
3d. Wm. S. Rees.
PRESIDENT JUDGES.
1836. David Scott. 1836. Jas. M. Porter.
Wm. Jessup.
1855. Thos. A. Bell.
Luther Kidder.
1870. Sam'l S. Dreher.
Nath. B. Eldred.
1880. Sam'l S. Dreher.
Geo. R. Barrett.
ASSOCIATE JUDGES.
1836. John T. Bell (ap- pointed).
Jacob Brown (ap- pointed). M. W. Coolbaugh.
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