History of York County Pennsylvania, Volume I, Part 90

Author: Prowell, George R.
Publication date: 1907
Publisher: J. H. Beers
Number of Pages: 1372

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SAMUEL JOHNSTON, an Englishman by birth and representative of the heirs of William Penn, came to York soon after the town became a county seat. The earliest courts held in the county were presided over by local justices and the cases were tried before this court by lawyers who came here

Samuel Johnston having been a pioneer lawyer west of the Susquehanna, educated a number of young men for the bar. His first student was James Smith, who in 1776, became one of the signers of the Declara- tion of Independence. Another young man who attained eminence as a soldier and statesman was Colonel Thomas Hartley, who also read law in his office and was ad- mitted to the bar in 1769. Major John Clark and Colonel Henry Miller, of the Rev- him when the war opened. Samuel John- ston was one of the original members of St. John's Episcopal Church, which was founded shortly after the county was or- ganized in 1749, and was one of the trustees of the congregation when the original church was built. Graydon in his diary re- cords having visited York in 1765. He speaks of Samuel Johnston as a man of ex- cellent character who had been in the prac- tice of law and possessed a well-selected library.

When the Revolution opened, Rev. Thomas Batwell, rector of St. John's Epis- copal Church, was an avowed loyalist. Samuel Johnston, who was one of his lead- ing members, was also accused of loyalty to the English crown. He petitioned the province for the sale of his property with the intention of leaving his home in York. For a time he resided in Baltimore and after the war ended, returned to York. His last male descendant residing in York County was William Johnston, a farmer, who until

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the time of his death lived in the village of respondence, which was not only a serious Nashville in Jackson Township.

JAMES SMITH, one of the pioneer law- yers west of the Susquehanna, and signer of the Declaration of Independence, was born in Ireland and early in life settled with his parents in the southeastern section of York County. He studied law with his brother at Lancaster, but having a talent for civil engineering, was engaged for sev- eral years, as a surveyor in York and Cum- berland counties, residing for a time at Shippensburg. He came to York in 1760, and was at the time of his admission to the York Bar upwards of forty-five years of age. He soon acquired a large clientage, and for some years had the local field practically to himself, the only resident contemporary be- ing Samuel Johnston, whose attention was almost wholly devoted to the duties of the several offices which he held. With Thomas Hartley who came in 1769, and David Grier in 1771, the roster of the local bar before the Revolutionary war is about complete. James Smith did not, however, confine his practice to York County. He traveled on the circuit, as was the custom in his day, and his smiling face and entertaining man- ner were almost as well known in the courts of the surrounding counties as at York. He was of wide and varied influence outside of his profession. In the discussion and regu- lation of affairs of a public nature or in which the community in general was inter- ested, he always took an active and leading part. In 1776, he was appointed a colonel in the Continental army. During the ses- sion of Continental Congress în York from September, 1777, to June, 1778, he was a member of that body, and the Board of War had its headquarters at his law office. In November, 1780, James Smith was ap- pointed one of the judges of the high court of appeals, a court sitting annually in the city of Philadelphia on errors assigned to judgments of the Supreme Court. After the close of his Congressional labors, he re- sumed his practice and continued it very successfully until the close of the century. In 1801, at the age of over four score years, he retired from active practice. Near the close of his life, his residence and law office, on the west side of South George Street near Centre Square, were destroyed by fire and with it all his private papers and cor-

loss to him, but to the public as well. He died in 1806, at the age of ninety-three. His political history will be found on page 339.

COLONEL THOMAS HARTLEY, though more conspicuous and more widely known as a public servant on the battlefield, and in the council halls of the state and nation, was nevertheless a lawyer of prom- inence, marked ability and highly successful practice. He was born near Reading, Pennsylvania, in 1748, and although of English parentage spoke Pennsylvania Ger- man fluently. In his youth he came to York, read law in the office of Samuel John- son, and was admitted to the bar in 1769. He rose in his profession with rapidity, dividing the local practice with James Smith, who was for a few years his only resident competitor, Samuel Johnson being at the time 'engrossed in official duties. Thomas Hartley was likewise a familiar figure at the courts of Cumberland, Lan- caster and other neighboring counties. He was one of the most conspicuous and highly esteemed citizens of York. In 1774, he was elected one of the delegates to the provincial convention, and in 1775, to the conference of committees, held at Philadelphia. In 1778, he was elected to the State Legis- lature; in 1783, became a member of the. council of censors ; in 1787, a member of the state convention which ratified the Consti- tution of the United States, and in 1788, a member of the first United States Congress. He was continued in Congress in unbroken succession until his death in 1800. He was a man of gentle carriage and pleasing man- ner and address, and amidst his manifold professional and official duties he did not forget the social and recreative side of life. His military history will be found on page 212.

COLONEL DAVID GRIER, a con- spicuous member of the York County Bar after the Revolution, was born in 1742, near the site of Gettysburg, where his ancestors settled with the first Scotch-Irish who took up the fertile lands of that region. After he obtained his preparatory education, he came to York and began the study of law under the instruction of James Smith, and was admitted to the bar in 1771. He con- tinued his practice until the opening of the

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Revolution, when he entered the military of Major Clark will be found on page service as a captain. He rose to the rank of 202. lieutenant colonel in command of the Seventh Pennsylvania Line in the battle of Paoli, where he was twice bayonetted by the

RALPH BOWIE was one of the bright- est lights at the bar during the closing decade of the eighteenth century. He was enemy in a hand-to-hand encounter. Colo- born, bred and educated in Scotland, and nel Grier never fully recovered from these wounds. He returned to York, where for two years he had command of the quarter- master's department, a position assigned him by Continental Congress. After the war, he entered upon the practice of law, which he continued until his death in 1790. Colonel Grier was a man of strong intellect and a lawyer of ability. He had a large practice and was employed as counsel in many of the most important cases before the local courts. He took a prominent part in public affairs, and was one of the original members of the Federalist party, founded by Alexander Hamilton, John Hay, John Adams and other distinguished patriots of that period. He was a member of the Gen- eral Assembly of Pennsylvania in 1784 and 1785, and a presidential elector at the first election of Washington. His military his- tory will be found on page 195.

was said to have been admitted to the bar in his native land before emigrating to this country. His residence at York covered a period prolific of cases arising out of dis- puted land titles, often involving intricate and therefore undecided questions, and the application of legal principles to facts and conditions for which no precedent was found. It was in cases in this line that he made his greatest reputation, and his learn- ing, experience and counsel in this behalf were much sought after, not only in York, but in Lancaster, Cumberland and more distant counties. He is referred to by an early writer as having had but few equals in the state. With powdered queue, bear- ing evidence of assiduous attention, conti- nental knee breeches and buckled shoes, and handsome face and figure, accompanied by a gentle grace and dignity which he never permitted to forsake him, he was a con- spicuous type of the courtly barrister of his day. He wrote an excellent business hand, and was a fair representative of that estimable class of our ancestors known as gentlemen of the old school.

MAJOR JOHN CLARK, one of the early members of the bar, was a noted sol- dier in the Revolution. He was admitted to the practice of law at York in 1779, after his retirement from the army. He was well-informed in the public affairs of his DAVID CASSAT, a leader of the York County Bar during the early part of last century, was born near Hunterstown, in the present limits of Adams County, in 1768. He was the son of Francis Cassat, a revolutionary patriot who came from New Jersey to York County with the Dutch set- tlers who located on the site of Hunters- town. David Cassat entered Dickinson College, Carlisle, soon after it was founded by the Presbyterians and while in that in- stitution was a classmate of Roger B. Taney, who became chief justice of the United States. Soon after his graduation, David Cassat took up his residence at York. He studied law under the instruc- tion of James Campbell, and was admitted to the bar, March 4, 1794. The bar at this early date was composed of half a dozen members, including James Smith, David Grier, Thomas Hartley, John Clark and Ralph Bowie. He soon acquired a large day, had been a close and diligent student of the law and had a large practice before the courts of York and adjoining counties. He was dignified and courteous in manner, and military in his bearing. He resided at the southeast corner of Market and Beaver Streets during the whole of his professional career. On the Fourth of July and other patriotic occasions, it was his custom to attire himself in military uniform and sit on a chair in front of his residence. At the age of twenty-six, he married a daughter of Captain Nicholas Bittinger, of Hanover, who commanded a company in McAllister's Regiment in the Flying Camp. Major Clark died at York in 1818, leaving a widow and two daughters. He possessed a vein of wit which sometimes merged into sar- casm. His wit and humor were the delight of the lawyers who traveled on the circuit with him in the trial of cases before the neighboring courts. The military history practice and was attorney in a number of

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cases involving important land litigations. county. The children of Mr. and Mrs. While Thaddeus Stevens was one of the in- Coleman, after the death of their parents, structors in the York County Academy, in spent much of their time at the home of 1812-14, he studied law under the direction their grandmother, at York. of David Cassat, who, during the last twenty years of his life, occupied an in-

WILLIAM BARBER, a conspicuous member of the York County Bar from 1793 fluential and prominent position in the until his death in 1830, was born at affairs of the borough and county of York. Columbia in the year 1769. He was a descendant of Robert Barber, who settled on the banks of the Susquehanna, in 1726, where Columbia now stands. William Barber grew to manhood on his father's plantation and obtained a liberal education before he studied law and was admitted to the bar at York, March 2, 1793. He was of

In 1809, when the York Bank was es- tablished, the first financial institution in the borough, he was one of the board of directors and served as president of that institution from the time of its origin until his death in 1824. In 1816 he became in- terested in the movement to supply the borough of York with water. the papers for the organization of the York Water Company and was its president from 1816 to 1824. During his professional career at York, he was deeply interested in the cause of education and served for the long period of twenty-four years as one of the trustees of the Academy. He was also one of the founders of the York Library Company, of which he served as secretary. This library was kept in the second floor of the first Court House, which stood in Centre Square. His law office was situated in the northeast angle of Centre Square, second door from the George Street corner, in a building owned during the Revolution by General Henry Miller. This building was also the private residence of Mr. Cassat.

In personal appearance, David Cassat was tall and erect in form with pleasing address and cultured manners. After a successful career as a lawyer and a citizen, he died at his residence in Centre Square, May 28, 1824. His family some years later owned and occupied the large house situated at the southwest corner of Market and Duke Streets, in York. Mrs. Cassat was a woman of many accomplishments. Isabella, the daughter of Mr. and Mrs. Cas- sat, became the wife of Samuel Small, of the firm of P. A. & S. Small, through whose beneficence the York Collegiate Institute was founded in 1873. The Cassat Library, in this institution, was named in honor of Mrs. Small. The second daughter of Mr. and Mrs. Cassat married Robert W. Cole- man, the great iron master, who owned the large furnaces at Lebanon, and the forges at Spring Grove and Castle Fin, in this

He drew up purely English descent and although he practiced his profession in a community which largely spoke German, he had very little familiarity with that language and rarely attempted to converse in it. He possessed such qualities as made him strong and influential in the borough of York, of which he was one of the leading citizens during his whole professional life. In the practice of law, William Barber was the equal of any of his associates. During his early career, he was associated with men of attainments like Thomas Hartley, James Smith and Ralph Bowie, who had acquired distinction as lawyers. Besides being a successful counselor at law and a pleader before court and jury, he transacted a large amount of orphan's court business, which brought him a competence. William Bar- ber began the practice of law at York dur- ing Washington's first administration. When two political parties were organized about the close of Washington's second term, William Barber was an avowed Fed- eralist, the party founded by Hamilton, Jay and Adams, and with which Washington affiliated. In 1806, he was appointed pro- thonotary of York County by the Governor of Pennsylvania. His ability in performing the duties of this office made him popular, and, although a Federalist, he was re- appointed four times by Democratic gov- ernors. This was done because he received the unanimous support of his political friends and opponents. He served in this position from 1806 to 1823. In 1809 Wil- liam Barber was one of the founders of the York Bank, the first institution of its kind in York County. He was cashier of this bank from the time of its origin until 1813.

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and then resigned to devote his attention Philadelphia, Charles A. Barnitz was ap- to his professional duties. In 1809, he was pointed attorney for the heirs of Penn, in all matters relating to their claims in Spring- ettsbury Manor. When the Whig party originated, in 1828, he became an ardent ad- vocate of its policy and principles. In 1832, he was elected to represent York, Adams and Cumberland counties in the national House of Representatives. He made sev- eral speeches in that body in advocacy of measures supported by his party. His elo- quence attracted the attention of Henry Clay, who, on one occasion, came to York and was entertained by Mr. Barnitz at his home at Spring Dale, later the residence of his great-grandson, Grier Hersh. one of the commissioners for the con- struction of the first bridge across the Sus- quehanna between Wrightsville and Co- lumbia, which was completed in 1814. After its erection he was continued as one of the managers until its interests were disposed of to the Columbia Bank. He was always a promoter of the cause of education and served many years as a trustee of the York County Academy. William Barber was justly esteemed as one of the most popular men of his day in the borough of York. He was of genial nature, exceedingly courteous toward every one. He was a benevolent man and a liberal contributor toward the support of charitable institutions and re- ligious societies. He aided in the support of four different churches, making the largest contributions toward the Presby- terian church, of which he was a member. Early in life lie was married to Elizabetlı, daughter of Conrad Laub, who had served as sheriff of York County. William Barber resided on the southwest corner of George Street and Mason Alley, and at the time of his death, August 19, 1830, left to survive, his widow and some nephews and nieces.

CHARLES A. BARNITZ, for a period of thirty years the most eloquent member of the bar, was born at York, September II, 1780. He was the son of Ensign Jacob Barnitz, who was wounded and became a prisoner of war at the battle of Fort Wash- ington, in November, 1776. He obtained a classical education, and during his entire life, was a diligent student of literature, history and biography, and was well in- formed on all public questions of interest to the state and nation. After a thorough preparation he was admitted to the bar in 18II, and soon acquired local distinction, not only for his eloquence but his broad and comprehensive knowledge of the law. was gifted with superior intellectual endow- ments and became prominent in public de- bate. In 1815, he was elected to represent York and Adams Counties in the Senate of Pennsylvania. While a member of that body, he took an active part in its delibera- tions and on one occasion made a memor- able speech, advocating public internal im- provement in Pennsylvania.

After the death of John R. Coates, of

In 1836, he was elected a delegate from York County to the convention which framed the state constitution of 1838. While a member of this body, he was force- ful and eloquent in debate, and served on some of its most important committees. His entire professional career of forty years as a member of the York bar, marked him as one of the most distinguished men who ever practiced before the local courts. His brilliant attainments called into requisition his services in the trial of important cases before the courts of adjoining counties, the Supreme courts of Pennsylvania, and the Federal courts.

He appeared as an orator in many public demonstrations, the most notable of which was the celebration of the fiftieth anniver- sary of American independence, on July 4. 1826. On this occasion, standing under an arch erected in front of the Court House in Centre Square, he addressed a large audience. Sitting in a semi-circle in front of him were rows of nearly fifty soldiers of the Revolution. The speech he delivered on this commemorative day was published in full in the local papers, and is stated to have been his ablest oratorical effort. He Having been a close and diligent student of the best forms of English and American literature, his speeches were noted for their elegant diction and forceful expression. For a period of ten years, he was president of the York Bank, then the only financial institution in the town. He died in York, March 8, 1850.

EDWARD CHAPIN, for a period of fifty-five years a leading member of the York County Bar, was born at Rocky Hill,

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Connecticut, February 19, 1799. He was

JAMES LEWIS was born in the village a great-grandson of Jonathan Edwards, a of Lewisberry, in the year 1795. He was distinguished theologian and one of the early presidents of Princeton University. His father, Rev. Calvin Chapin, D. D., a prominent clergyman of the Congregational Church, served as president of Union Col- lege, New York. Samuel Chapin, the first American ancestor, who early settled in New England, has numerous descendants, among whom were John Adams and his son, John Quincy Adams, both presidents of the United States. the son of Major Eli Lewis, a soldier of the Revolution, founder of Lewisberry, and a man of prominence and influence in the history of Pennsylvania. After receiving a good preparatory education, James Lewis read law and was admitted to the bar at York, August 1, 1820. He made a diligent study of land titles and was an authority on disputed questions relating to titles of lands on Springettsbury Manor, and other parts of York County. He practiced his profes- sion with great success for a period of twenty-five years. Early in life he married Jane, the only daughter of Charles A. Barnitz, a leader of the York bar and a member of Congress. They had one child, Margaret, who married Samuel S. Hersh, of York. James Lewis served as president of the York Bank. He died in November, 1845, at "Springdale," erected by his father- in-law, Charles A. Barnitz. "This residence in recent years has been the property of his grandson, Grier Hersh.

Edward Chapin was graduated from Yale College, in 1819. He was admitted to the bar in Connecticut and soon moved to Binghamton, New York, where his father had large interests. In 1823, he removed to York, where he practiced his profession the remainder of his life. His legal ability soon won him success and he built up a large practice. After locating in York, he became a personal friend of Thaddeus Stevens, who then was a rising member of the Gettysburg Bar. The intimate rela- tions that thus early formed between these two lawyers continued during the re- mainder of Mr. Chapin's life. Being a man of strong intellectuality and thorough prep- aration, he possessed qualifications which eminently fitted him to become a leader wherever he might practice law. In cases of special importance, Stevens and Chapin were in the habit of obtaining the assistance of each other. This practice continued after Thaddeus Stevens became a leader of the Lancaster Bar. One of the most im- portant litigations in which they both ap- peared was the Ebert will case, an issue framed to determine the validity of the will of Martin Ebert, tried before the York County Court. Evans and Mayer, of York, and Samuel Hepburn, of Carlisle, appeared for the propounders of the will; and Chapin and Stevens for the contestants. It was a contest of intellectual and professional giants, to which the magnitude of the inter- ests involved, as well as the reputation of counsel concerned, attracted great public interest. Though unsuccessful in winning his cause, Mr. Chapin's address to the jury has been pronounced by competent judges who listened to it with delight, the most eloquent oratorical appeal ever made to a jury within their recollection.

James Lewis was a man of brilliant intel- lect and was well informed on subjects not pertaining to his profession. He was a brother of Ellis Lewis, chief justice of Penn- sylvania.

JOHN GARDNER CAMPBELL was born in Chanceford Township, York County, in 1812. He was the son of James and Re- becca (Gardner) Campbell, and grandson of John Campbell, who came to America from the north of Ireland, settling first in Philadelphia, and later removed to York County, where he purchased a farm near Brogueville, in Chanceford Township. He obtained his education in the schools of his native township and at the York County Academy. After pursuing his legal studies in the office of his uncle, John Gardner, of York, he was admitted to the bar, May 17, 1836. By reason of his industry and his capabilities, he soon took a leading position at the bar. He was gifted with a versatile mind, was a voluminous reader of works relating to general literature as well as the legal profession, and was especially enter- taining in conversation. He was eloquent in argument, full of resources in presenting a case to court or jury and for many years was ranked as one of the leaders of the York County Bar. He was one of the

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founders of the York County Mutual In- surance Company, which was organized at his office, and served as its secretary for many years. Having been successful in his business operations, Mr. Campbell was one of the organizers of the York County Bank and for several years was its president. During his whole professional career, he paid much attention to literature and ac- cumulated a large library. For a period of five years he was one of the editors of the "People's Advocate," a well conducted weekly newspaper at York. Toward the latter part of his life, he purchased a farm and erected a country home at Campbell Station, between York and Wrightsville. In this rural retreat, he spent the last years of his life. In 1845, Mr. Campbell was mar- ried to Sarah M., daughter of Zachariah Spangler, who served as sheriff of York County. They had four children: one de- ceased in infancy, Helen, wife of J. G. Mc- Dowell, Florence and Dora.

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History of York County Pennsylvania, Volume I, Part 90

Author: Prowell, George R. Publication date: 1907 Publisher: J. H. Beers Number of Pages: 1372

Author: Prowell, George R.
Publication date: 1907
Publisher: J. H. Beers
Number of Pages: 1372