History of York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended, Part 25

Author: Gibson, John, Editor
Publication date: 1886
Publisher: F.A. Battey Publishing Co., Chicago
Number of Pages: 1104

USA > Pennsylvania > York County > History of York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended > Part 25

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Remember that the honor of our colony is at stake. Should you desert the common cause at the present juncture, the glory that you have acquired by your former exertions of strength and virtue will be tarnished; and our friends and brethren, who are now acquiring laurels in the most remote parts of America, will reproach us and blush to own themselves natives or inhabitants of Pennsylvania.

But there are other motives before you; your houses, your fields, the legacies of your ancestors, or the dear bought fruits of your own industry, and your liberty, now urge you to the field. These can- not plead with you in vain, or we might point out to you further your wives, your children, your aged fathers and mothers, who now look up to you for aid, and hope for salvation in this day of calamity, only from the instrumentality of your swords.

Remember the name of Pennsylvania. Think of your ancestors and of your posterity.

Signed by an unanimous order of the confer- ence.

June 25, 1776. THOMAS MCKEAN, President.

It was on the 7th of June, 1776, that in Congress independence was proposed, and this was opposed by some Pennsylvanians of prominence, who still thought of reconcili- ation. Yet we have seen that the march toward independence, had been steady on the part of the people, and the various manifes- toes issued by the Congress itself, as in the resolutions of the 15th of May, 1776, com- municated to the several colonies recommend- ing the formation of governments, virtually declared separation. The military prepar- ations and organizations went steadily for- ward. On the very day, that is celebrated by the nation as having given birth to our independence, the 4th of July, 1776, there was a meeting at Lancaster of the officers and privates of the Fifty-third Battalion of the Associators of Pennsylvania, to choose two Brigadier-Generals to command the battalions and forces of the State. The delegates from York County, were Cols. Smith and Diehl, Lieut-Col. Donaldson, Majs. Dinwiddie, Jefferies, Andrew, Finley, and Craft; Capts. Smyser and Campbell; privates, W. Scott, Ewing, Clingham, Hamilton, Little, Schley, Nealor and Messery. The officers and pri- vates voted by ballot, singly. The two Brig- adier-Generals were voted for at the same time, and the highest in votes was declared the commanding officer. Daniel Roberdeau of Philadelphia, was elected First Brigadier, and James Ewing of York, Second Brigadier, with power and authority to call out any number of the associators of this province into action, and that power to continue until superseded by the convention, or by any authority under the appointment. And it was resolved to march under the direction and command of our Brigadier-Generals, to the assistance of all or any of the free and independent States of America; that the associators to be drafted out of each com- pany by the Brigadier-Generals, shall be in the same proportion as directed by the late Provincial Council. *

FIRST CONSTITUTION OF PENNSYLVANIA.

The convention to frame the first constitu- tion of Pennsylvania was held in Philadel- phia, on the 15th day of July, 1776. The delegates from this county were John Hay, James Edgar, Francis Cragart, James Smith.

* Constitution of Penna. p. 44.

*Rupps. Hist. of Law. Co., pp. 406-407.

98777

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HISTORY OF YORK COUNTY.

William Rankin, Henry Slagle, Robert Mc- Pherson and Joseph Donaldson. The con- vention unanimously chose Dr. Benjamin Franklin, President. Col. James Smith was one of a committe of eleven, to make an essay for a declaration of rights, and also for a frame or system of government. Among the constitutional provisions was one for a Supreme Executive Council, to consist of twelve persons to be chosen by ballot; the freeholders of the counties of Lancaster, York, Cumberland and Berks, to elect one person for each county respectively, to serve as coun- cilmen for two years. And another for a council of censors consisting of two persons chosen by ballot, in each county on the sec- ond Tuesday in October, 1783, and every seventh year thereafter. Among the duties of this council of censors was that of inquire ing whether the constitution has been pre- served inviolate in every part, and whether the legislative and executive branches of gov- ernment had performed their full duty as guardians of the people, or assume to them- selves, or exercised other or greater powers than they are entitled to by the constitution. They were also given power to call a conven- tion, if there appeared to them an absolute necessity of amending any article of the con- stitution. But their organization was not to be effected for seven years .* The conven- tion completed its labors on the 28th of Sep- tember, 1776, and the constitution went into immediate effect as the act of the people. There was some dissatisfaction with the frame of government, and the transition from the Colonial to the State administration, was not without its difficulties. Its acceptance, how- ever, and the popular approval of it, man- ifested indignantly when an attempt was made to interfere with it, is one of the eviden- ces of the capacity of the people for self gov- ernment. The constitutional convention of 1776, by an ordinance passed the 3d of September, nominated and appointed all the then members of a newly established coun- cil of safety, among them Michael Swope, Justice of the Peace for the State at large, and a number of other persons to be Justices of the Peace for the several counties in the State. Benjamin Franklin and John Dick- enson, were among others, appointed Justices for the city and county of Philadelphia, which indicates the dignity of the office at that period. For the county of York there were appointed Robert McPherson, Martin Eich- elberger, Samuel Edie, David McConaughy, Richard McAlister, Henry Slagle, Matthew

Dill, William Rankin, William Lees, Will- iam Bailey, William Scott, William Smith, William McCaskey, Josias Scott, Thomas Latta, William McClean and John Mickle, the younger esquires. The acts of these Jus- tices in the acknowledgement and proof of deeds, were subsequently validated by act of Assembly

From the letters of John Adams, the fol- lowing extract is made of the date of Octo- ber 4, 1776: "The 1st of October, the day appointed by the charter of Pennsyl- vania, for the annual election of representa- tives, has passed away, and two counties only have chosen members. Bucks and Ches- ter. The assembly is therefore dead, and the convention is dissolved. A new conven- tion is to be chosen the beginning of Novem- ber. The proceedings of the late convention are not well liked by the best of Whigs. Their constitution is reprobated, and the oath with which they have endeavored to prop it, by obliging every man to swear that he will not add to, or diminish from, or any way alter that constitution, before he can vote, is execrated. We live in the age of political experiments. Among many that will fail, some I hope, will succeed. But Pennsylvania will be divided and weakened, and rendered much less vigorous in the cause by the wretched ideas of government which prevail in the minds of many people in it."* The charter of privileges granted by William Penn to the inhabitants of Pennsylvania, provided for an assembly to be chosen yearly by the freemen upon the 1st day of October, forever. The constitution just adopted pro- vided for the choice of representatives annu- ally by ballot, on the first Tuesday of Novem- ber for the first year and on the second Tuesday in October forever. This latter the people accepted and hence members of as- sembly were not chosen on the 1st of Octo- ber, which John Adams supposed to be a lapse. The oath prescribed in the constitu- tion, to which he refers in his letter just quoted, to be taken by every officer, was "to be true and faithful to the commonwealth of Pennsylvania, and not directly or indirectly do any act or thing prejudicial or injurious to the constitution or government thereof, as established by the convention," At the first meeting of the Legislature members ex- pressed some scruples with respect to taking this oath of allegiance, apprehending they would thereby be precluded from taking measures to obtain the sense of the people with respect to calling a convention, and they were allowed to take the oath with a

*The Censors for York County were Thomas Hartley and Richard McAllister.

* Letters of John Adams, p. 168.

THE REVOLUTION.

123

reservation. This was afterwards condemned by the council of censors .* Throughout the State for a few years there was a clamor on the part of some for a convention to remodel the government. The first assembly was, however, regularly elected. The members from York County were Archibald McClean, Michael Schwaabe, David Dunwoodie, James Dickson, Michael Hahn, John Read. The first session of the first General Assembly of the commonwealth under the constitution of 1776, began at Philadelphia, November 28, 1776.

Under the militia laws there was ap- pointed and commissioned one reputable freeholder to serve as lieutenant of the mili- tia of each county, and a number of citizens, not exceeding the number of battalions, to serve as sub- lientenants. Richard McAlister was made the First Lieutenant of York County.

There was dissatisfaction to the frame of the new government here, and also some con- fusion of the courts and records; but the troubles of putting in force the new laws ex- isted throughout the commonwealth, and is evidence of the independent spirit of the people and jealously of any thing they con- sidered oppression. The difficulties of enforc- ing the militia laws, viewed in the light of the experience of our own day arose from the necessity of drafting troops. The reasons given for opposition were in many instances weak, and were an attempt at an excuse for not wanting to go to war against one's will. The reasons, however, given by the Germans as appears in the correspondence of the period has more force than appeared to their British fellow-citizens, English or Irish, who had not been obliged to swear an oath of allegiance to the King of Great Britain, an abjuration of which was required by the new test; and then, perhaps, have to swear again to the King. f

COUNCIL OF SAFETY.

The first meeting of the Council of Safety constituted by the Convention of 1776, con- sisting of twenty five persons, was held in Philadelphia on the 24th of July, 1776. David Rittenhouse was the first Chairman, and on the 6th of August, 1776, the board elected Thomas Wharton, Jr., President, and David Rittenhouse, Vice-President. This Council of Safety continued until the Su- preme Executive Council under the Constitu- tion was inaugurated. This took place on the 4th of March, 1777. On the 5th of

*Constitutions of Penna., 94.

¡See Correspondence, V Archives, 512-752.

March, the Supreme Executive Council and the Assembly met and elected Thomas Whar- ton, Jr., President, and George Bryan, Vice- President. This was proclaimed with great ceremony at the court house, at noon, on the 6th of March; and there was a celebration and procession, and rejoicings, which are de- tailed in the Gazette of the period. The style and title by which the President was proclaimed was: His Excellency, Thomas Wharton, Jr., Esq., President of the Supreme Executive Council of the Common wealth of Pennsylvania, Captain-General and Commander-in-Chief in and over the same. *

ASSOCIATIONS FOR DEFENSE.

The Assembly, on the 30th of June, 1775, "Resolved, That this house approves the Asso- ciation entered into by the good people of this colony, for the defense of their lives, liberty and property. That if any invasion or landing of British troops, or others, shall be made in this or the adjacent colonies dur- ing the present controversy, or any armed ships or vessels shall sail up the river Dela- ware, in an hostile manner, and such circum- stances shall render it expedient, in the judg- ment of the committee hereafter to be ap- pointed, for any number of the officers and private men of the Association within this colony, to enter into actual service for repel- ling such hostile attempts, this house will provide for the pay and necessary expenses of such officers and soldiers performing such military duty while in such actual service. That the pay of the officers and privates while in such actual service shall not exceed that of the army raised by the Congress of the United Colonies for the defense of the liberties of America. That this House do earnestly recommend to the Board of Com- inissioners and Assessors of each county in this province that have not already made the provision hereinafter mentioned; and they are hereby enjoined, as they regard the free- dom, welfare and safety of their country, im- mediately to provide a proper number of good, new firelocks, with bayonets fitted to them; cartridge boxes with twenty three rounds of cartridge in every box; and knap- sacks, not less than (enumerating the city and counties) 300 for the County of York; to be under the care of the commanding officers of the battalions of the said counties, for the immediate use of such .officers and soldiers as shall be drafted from the battalions from time to time for actual service. And the said Commissioners and Assessors shall

#XI Col. Rec., 174.

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HISTORY OF YORK COUNTY.

produce their accounts for furnishing the arms and accoutrements aforesaid to the com- mittee hereinafter appointed, which being approved by the said committee, they shall draw orders on the Treasurer for the pay- ment thereof; and he is hereby enjoined to pay the same out of the Bills of Credit to be emitted by the resolution of this House. That this House do earnestly recommend to, and enjoin the officers and committee of each county in this province, to select a number of minute men, equal to the arms, etc., pro- vided for the same, to be in readiness upon the shortest notice, to march to any quarter in case of an emergency .*

" The Assembly then by resolution appoint ed a committee of safety, consisting of twenty- five gentlemen, among whom were Anthony Wayne and Benjamin Franklin, and from York County, Michael Swope, for calling forth such and so many of the associators in- to actual service when necessity requires, as the said committee shall judge proper; for paying them and supplying them with necessaries while in actual service; for pro- viding for the defense of this Province against insurrection and invasion, and for encouraging and promoting the manufacture of saltpetre; which said committee are hereby authorized and empowered to draw orders on the Treasurer, for the several purposes above mentioned."

The first meeting of the Committee of Safety was held at Philadelphia, on the 3d of July, 1775, and Benjamin Franklin was chosen its President.t

In Congress, on the 18th of July, 1775, it was "Resolved: That it be recommended to the inhabitants of all the United English colonies in North America that all able-bodied effective men, between sixteen and sixty years of age in each colony, immediately form themselves into regular companies of militia, to consist of one Captain, two Lieutenants, one Ensign, four Sergeants, four Corporals, one Clerk, one Drummer, one Fifer and about sixty- eight privates. That the officers of each company be chosen by the respective com- panies. That each soldier be furnished with a good musket that will carry an ounce ball, with a bayonet, steel ramrod, worm priming wire and brush fitted thereto, a cutting sword or tomahawk, a cartridge box that will con- tain twenty-three rounds of cartridges, twelve flints and a knapsack. That all the militia take care to acquire military skill, and be well prepared for defense by being each man provided with one pound of gunpowder, and

four pounds of ball fitted to his gun. . That as there are some people who from re- ligious principles cannot bear arms in any case, this Congress intend no violence to their consciences, but earnestly recommend it to them to contribute liberally, in this time of universal calamity, to the relief of their distressed brethren in the several colonies, and to do all other services to their oppressed country, which they can consistently, with their religious principles."* The Friends claimed complete exemption, but it appears that the Mennonites and German Baptists were willing to contribute pecuniary aid. Many persons rich and able to perform mili- tary duty, claimed exemption under pretense of conscientous seruples, and the associators of Pennsylvania claimed that the liberty of all was at stake and that the burdens of maintaining it should be borne equally by all.+

ORGANIZATION OF THE MILITIA OF THE COUNTY.

At a meeting of the committee and the officers of the militia companies of York County, at York, the 28th and 29th of July, 1775, there were present forty-five County Committee men, besides the said officers. James Smith, Esq., was in the chair.

The committee and officers divided the county into five districts or divisions and formed five battalions, the committee then, with the officers of the militia companies of the respective districts and battalions, ap- pointed judges and proceeded to vote by ballot for field officers to be commissioned, when James Smith, Esq., was chosen Colonel; Thomas Hartley, Esq., Lieutenant-Colonel, and Joseph Donaldson and Michael Swope, Esqs., were chosen Majors of the first battal. ion. Robert McPherson, Esq., Colonel; David Kennedy, Lieutenant-Colonel, and Moses McClean and Hugh Dunwoodie were chosen Majors of the second battalion. Richard McCallister, Esq., Colonel; Henry Slazel, Esq., Lieutenant-Colonel, and John Andrews and Joseph Jefferies were chosen Majors of the third battalion. William Smith, Esq., Colonel; Francis Holton, Lieutenant-Colonel, and Jacob Gibson and John Finley were chosen Majors of the fourth battalion; and William Rankin, Esq., Col- onel; Matthew Dill, Esq., Lieutenant- Colonel, and Robert Stephenson and Gerhard Graeff, Majors of the fifth battalion.

The committee and the officers of the said

*X Col. Rec., 279.

+Ibid., 282.

*X Col. Rec., 292.

+X Col. Rec., 349.

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THE REVOLUTION.

'militia companies thereupon proceeded to vote for the field officers of the battalion of minute-men for York County proper, to he commissioned, when Richard McCallister, Esq., was chosen Colonel ; Thomas Hartley, Esq., was chosen Lieutenant-Colonel, and David Grier, Esq., was chosen Major of the said battalion. The committee then proceeded as follows :

Resolved, That in conformity to the direction of the Assembly of this province, and with a regard to the regulations of the Continental Congress, we do direct that five companies of Minute Men, formed out of the several districts of this county, that is to say, one company in each division, by draughts or volunteer's from the several militia companies, each company to consist of a Captain, two Lieutenants and an Ensign, four Sergeants, four Corporals, a Drummer and Fifer and sixty-eight or more privates ; and it is expected that if there be a defect of arms for these men, when there is a necessity of going into service, that the respective Battalions, to which they belong will furnish them with the necessary arms. That if the County Committee men and Assistant Committee men, or a majority of them in any district, are at any time of opinion that an additional company or companies of Minute Men can be raised in their district, they may order the same to be done, which company or companies are under the same Field Officers or rules and regulations with the said other companies of Minute Men. The whole Battal- ion of each division or district are directed to meet some time in the next week following, and draught the volunteers or proper persons as minute men for the respective companies, who are to sign an Attest- ation similar to that mentioned in the proceedings of this Committee. The subscribers are to proceed to choose the Officers of the respective companies, and make return of their names to the Field Officers of the said Battalion of Minute Men, in order that they may he commissioned.

Resolved, That in order to prevent confusion and disorder that no new companies of militia be formed in any township without the consent of the Com- mittee men of the township and three or more of the County Committee men.

N. B .- The companies of Yorktown, Manchester, Windsor, Codorus, York and Hellam Townships form the first Battalion ; the companies of Cumber- land. Hamilton's Bann, Strabene, Menallen, Mount Joy and Tyrone Townships form the second Battal- ion ; the companies of Heidelberg, Berwick, Parad- ise, Mount Pleasant, Manheim and Germany Town- ships, the third Battalion ; Chanceford, Shrews- bury, Fawn and Hopewell Townships, the fourth Battalion ; and the companies of Dover, Newberry, Monnonghan, Warrington, Huntington and Reading Townships the fifth Battalion.

GEO. LEWIS LEFLER, * Clerk for the Committee.

James Smith (Chairman) to Delegates in Congress, 1775:

YORKTOWN, August 1, 1775.

Gentlemen: Our County Committee met the 28th ult., and after going through the other business they were called for (which will be the subject of another letter herewith sent), they proceeded to consider in what manner the recommendation of the Assembly and the Continental Congress, touching those people (in this county) who conscientiously

scruple bearing arms, should be carried into execu- tion. It was expected that some offer would have been made by those people, but as no such offer was made on their part, it was recommended, that they should be applied to in every township in this county, to see if they would voluntarily propose any mode of contribution agreeable to the recommenda- tions aforesaid. But since the breaking up of the County Committee, it has been suggested to the committee of correspondence and observation, by some worthy people of that persuasion, that all such applications would be fruitless, as those people equally seruple subscribing as bearing arms, but apprehend that if the Commissioners and Asssessors would lay a reasonable sum as a tax on those who refuse or cannot, consistent with their consciences, hear arms, that it would be submitted to without reluctance, and consequently requested the commit- tee to reccommend that step to the Commissioners and Assessors.

In so delicate an affair, where on the one hand any harsh measures might tend to infringe the rights of conscience & be construed to be taking money out of our brethren's pockets without their con- sent ; and on the other the impropriety of one part of the community defending the whole, in a struggle where everything dear to freedom is at stake, added to this the danger of the militia laying down their arms, finding the burthen so unequally horne & that others won't so much as touch it with their little finger ; others (they say) who have as much at stake & are in many instances ahler than themselves to assist in the public conflict.

The committee thought it of too much importance for them to proceed without the direction of Con- gress, or at least of the delegates of this Provinee, more especially as the same difficulty must occur in every county of the Province ; and we doubt not but the subject has been thought of by those so much more capable than the Committee of framing an expedient to avoid the evils on the one hand & the other. That suggested to us would be agreeable here, & the Committee wish that the same or some other might be speedily recommended, to quiet the minds of people here & prevent inevitable con- fusion.

We are, Gentlemen. Your most obed't h'hle Servants. (Signed by order of Committee) JAMES SMITH, Chairman .*

Michael Swope to Committee of Safety of Pennsylvania, 1775 :

YORKTOWN, August the 2nd, 1775.

Gentlemen: On Friday last the Militia Officers and Committee of the County of York, besides a number of the most reputable free holders of the County met here, and proceeded as in the enclosed paper is mentioned ; the Field Officers they have chosen for the several Battalions of the County are very agreeable to the people, and are the persons that ought to be commissioned ; the choice in gen- eral is very judicious, as well as being acceptable to the militia. The most of us have our discipline and military skill yet to acquire, but are willing to be as serviceable as we can to our country. There is a sufficient number of men associated already (and more are daily associating) to form five good Battalions. The conveniency of the inhabitants has been considered in forming the Battalions, so that they have not too great a distance to march to muster in Battalions. The Field Officers for the Minute Men, which we had formed into a Battalion to meet upon proper occasions, were chosen by the officers of the Militia, and the Committee, and the people depend upon them to command them ; the

*1V Archives, 640

*IV Archives, 639.

126

HISTORY OF YORK COUNTY.

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History of York County, Pennsylvania : from the earliest period to the present time, divided into general, special, township and borough histories, with a biographical department appended, Part 25

Author: Gibson, John, Editor Publication date: 1886 Publisher: F.A. Battey Publishing Co., Chicago Number of Pages: 1104

Author: Gibson, John, Editor
Publication date: 1886
Publisher: F.A. Battey Publishing Co., Chicago
Number of Pages: 1104