History of the County of Westmoreland, Pennsylvania, with Biographical Sketches of Many of its Pioneers and Prominent Men, Part 13

Author: George Dallas Albert, editor
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But in 1769 and 1770 not only were the settlements of Gist, Crawford, and Stewart, south of the Youg- hiogheny, augmented in numbers, but the settlements along the Cheat River and about Wheeling, which had been begun before Braddock's campaign, were again renewed. A fort was erected at the present site of Wheeling, which through the subsequent trou- bles became a centre for that portion of the country.

The early tide of emigration, before the opening of the Pennsylvania office, was directed, as we have said, to what is now Washington, Fayette, and Greene, and to the adjacent regions southward. These emigrants all came out on the Braddock and Burd roads, and carried their goods and movables on the backs of pack- horses.

One great inducement was the nearness of Fort Red- stone and Pittsburgh, but a more accountable and still stronger reason that this region was settled before our county proper was the ease and the facility with which the title to land could be acquired from Virginia. The desire for land was all-prevailing, and that colony passed no further restriction to the settlement of her new territory than was necessary to avoid the confu- sion of claims. The fee in land could be gotten for a mere trifle ; indeed, it came to be that the mere occu- pancy, with insignificant improvements, was recog- nized as a right. And a right sanctioned by usage and recognized by that colony was the tomahawk right, which right, it is true, conferred or passed no legal title in the first instance, but was acknowledged, for the benefit of squatters, as a kind of right de facto, and came to be-so strong is custom-recognized as valid, and so decided by the Supreme Court of Penn- sylvania.

The Penns sold for five pounds per hundred acres ; Virginia at ten shillings per hundred acres, and that without the present payment of the money. Each colony allowed a pre-emption right by improvement and cultivation and actual residence where and when there was no interference with a prior claim, official grant, or survey, and the settler could postpone the

payment until he had perfected his claim. But these privileges were confined to Southwestern Pennsylva- nia, and while the majority of those settlers in the Forks of the Yough held under Virginia, yet on the opening of the land office in 1769 rights were granted in this triangle and along Chartiers Creek by the Penns.

Thus, under the impression that they were settling in Virginia territory, this region began to be filling up before there were many settlers north of the Forbes road or the Conemsugh. It is true that there early were some squatters in Derry township, and even, somewhat later, a few. along the Indian path froin Ligonier to Kittanning, as far up as Black Lick, in Indiana County. In 1769 the first settlement had been made at the forks of the Conemaugh and Black Lick, and probably near the same time Moorhead and Kelly commenced improvements near the present town of Indiana, and these are considered among the first settlements in that county.'

The tide coming out on the Forbes road and the Braddock road still kept along the rivers. From Pitts- burgh it crept along the Allegheny northward, and in no long time nearly all the lands in what is now the southern part of Armstrong County were owned. Pittsburgh was slowly improving. Some houses had been built outside the fort after the peace of 1763. At that time it comprised about a score of log cabins down next the river. In 1765 it was laid out in streets. In 1770 it is described by Washington as a town of about twenty houses. As late as 1784, Arthur Lee, giving an account of the small town at the Forks of the Ohio, states that the inhabitants were mostly Scotch and Irish ; that they lived in paltry log houses ; that they were as dirty as those in the north of Ire- land, or even Scotland; but that there was a great deal of trade carried on, they taking in their shops money, wheat, flour, and skins. Within a few years after this part of the State was opened the English authori- ties concluded that the people must take care of them- selves. The old Fort Pitt, which had been erected in 1759 by Gen. Stanwix, had been, up to this time, garrisoned by Royal Americans, and held under the military regulations of the British army. In October, 1772, orders were received by the commandant at Fort Pitt, Maj. Edmondson, from Gen. Gage, commander- in-chief, to abandon the fort and dispose of the ma- terial. This was done accordingly, and the post was not held by a military force thereafter until taken possession of by Connolly in 1774. Gage will be re- membered as the officer who led the advance against the old Fort Duquesne under Braddock.

But no sooner were those settlers fixed securely, no sooner were they brought in contact with each other, than they felt those wants which are called the bless- ings of civilization, and which civilization only brings in its train. The series of counties ending with Bed-

1 See history of Derry township, infra.

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READING HOWELL'S MAP

PENNSYLVANIA

/Smithslun

Finnis Cr

Camu Macr

Creek

Hower's

Crooked Crees.

Barclay's

Chef's Forty

Buck Kan

Fish

Fiskers

town Kun

Armstrong

Putlin Run

Pack Kun

Lick Cr

Two

Stew

Black Lich

Amoss

Salem

Arwms

Wally

ver

Franklin

Barrs

Moures

Brush

Hannahs Town

Craigs

Byerley's

Treekip

Fairfield

Irwins

GREENSBURG

W.Findley's

Proctors

short

Todds

Forbes Ret Clairs

Hokeleys Altına Lis

Bairds

FhaLegunter

Sourals

Sewechly Creek

Archibalds

Peter sons Budds

Mountpleasant

Lunges

Hamiltons

Donegal

S.Huntington

Cherrys

JJacob's Creek Wirks

Jacobs

Checks

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Google

IAGREE --- HI-

Hempfield

12 M. But

9Mile Run

+Mile Kpn

Mile ht

Carts

Mecklins

CHESTNUTS

M.Gzes Runand

BRIDGE

Dinestons

Der

Stony Kuns

Conemaugh

Washington

Beaver Du

Black Legs creek

NYation

Attmafis Cr

Bellet ants

Wheatfield

Montgomery's

Crooked

Cherry Kult

Biddles Run

um b Creek

1792 from

RostraveryHays

N. Huntington

WESTMORELAND COUNTY ORGANIZED-COURTS ESTABLISHED, ETC.

ford had been of slow growth, many years having elapsed between the selection of each one. It is al- leged that the secret of this slowness was the wish to retain political power in the three old Quaker coun- ties of Philadelphia, Bucks, and Chester, which aggre- gately had a preponderating influence in the Assembly. But, on the other hand, it would appear to have been of the policy of the proprietaries to establish a county government west of the Laurel Hill over their new purchase as soon as convenient, for the advantage of both the Province and the settlers. As early, there- fore, as 1770 efforts were made to organize a new county out of the western part of Cumberland. Peti- tions being presented to this effect, the county of Bed- ford, with Bedford Town as the county-seat, was or- ganized in 1771.

CHAPTER X.

WESTMORELAND COUNTY ORGANIZED-COURTS ESTABLISHED, ETC.

Justices for Bedford County exercise jurisdiction over the Westmoreland part of the County-Great Distance to the County-Seat-St. Clair as Penn's Agent-Petitions -for a New County-Westmoreland County erected by Act of Assembly and organized-Courts authorized and Officers uamed-List of the County Justices in the first Commission -The first Court-County divided into Townships -- The first Grand Jury-Coustables and Supervisors appointed and Inn-keepers li- censed-The County Offices and Officers-St. Clair the first - Prothono. tary, etc., and James Brison his Clerk -Huffnagle, St. Clair's Succes- cor, secretes the Records of the County-John Proctor the first Sheriff-Officers returnel-Election Districts.

IN May, 1770, Arthur St. Clair, William Crawford, Thomas Gist, and Dorsey Pentecost were among the justices of the peace appointed for that portion of Cumberland County west of Laurel Hill; but it would appear that these justices left no trace of the exercise of their official functions. When, on the 9th of March, 1771, Bedford was erected over Southwestern Pennsylvania, Mason and Dixon's line was recognized as the southern boundary, but no at- tempt was made to reach beyond the Monongahela. There were some resident justices appointed, the re- gion west of the Laurel Hill was subdivided into townships, taxes were assessed, and roads were laid out. But all accounts go to show that among the disorderly and turbulent regular combinations were entered into to resist the laws, that the justices of the peace were openly contemned, and that deputy sheriffs were beaten off. Although some roads were made and some indictments preferred against offenders, the anthority of the justices was too feeble, and it was too far from the seat of power to make the county jurisdiction efficacious. Bedford Town was a hundred miles from Pittsburgh.

The stream of emigration still continued unabated. At this time there was a growing desire to settle along the Ohio southward, and under the patronage of Vir- ginia Boone and Harrod were threading the wilder-

ness of Kentucky. Pittsburgh became a point from which supplies from the East were sent by river to the Southwest. Many emigrants stopped here, so that it now bore the aspect of a town, and was indeed the first place west of the Alleghenies where civilization and the arts sat enthroned. And besides the fact that all the inhabitants, both those about Pittsburgh and of our own county proper from beyond the Youghio- gheny, were compelled to go to Bedford to transact business of law, and to have such affairs settled as fall within the purlieus of legal arbitration, there was a question in dispute which was not settled till long after, and which now impelled the Penns to have a watchful eye on the boundaries of their Province. The influx of emigrants from the Virginia side and the attitude of her Governor no doubt hastened what otherwise might have been delayed. We mean the erection of our county, for we have reached the date when, circumstances concurring, its construction was deemed a necessity. Preparatory to this many of the special friends of the Governors were especially fa- vored, and, judging as directly as we can from pre- sumptive evidences, we are assured they were sent out to manipulate in the interest of the proprietarics. Arthur St. Clair, who had served in the French and Indian war under Gen. Wolfe in Canada, marrying in Boston, and leaving the British service, on coming to Philadelphia got in the good favor of John Penn. He was a magistrate of Cumberland County, and when Bedford County was organized was appointed the first prothonotary to their courts. He acted like- wise as mediator between the authorities and the restless tribes, and had much influence over these, they not imputing anything dishonorable to him. He was indefatigable in his services to the Governors, and kept them informed in the affairs of the western portion of the Province. So in 1772, only three years after the opening of the land office, when one would suppose the first settlers scarce had their houses warmed, petitions were in circulation all over the country west of the Laurel Hill praying for the erec- tion of a new county, telling the wants and disadvan- tages they labored under, and clamoring that justice be brought to their own doors. In the beginning of 1773 the Assembly took the matter into consideration, and in due time, all arrangements having been per- fected, it passed the organizing act, and the Governor proceeded to name its officers, which was his right, ex officio.

The time, therefore, had now arrived, and the act by which the county of Westmoreland was legisla- tively established was passed the 26th of February, 1773. The first section of the act set forth that as it was represented to be necessary by the petition of the signers, inhabitants of that part of Bedford County lying west of the Laurel Hill, a new county be estab- lished, the county was thereby created and named Westmoreland, the bounds of which began at where the most westerly bounda ary line of the Youghiogheny

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HISTORY OF WESTMORELAND COUNTY, PENNSYLVANIA.

River crossed the boundary line of the Province ; thence down the eastern bank of the river till it crowed Laurel Hill, which it followed northeastward till it runs into the Allegheny Mountainm; and these it followed along the ridge dividing the Susquehanna from the Allegheny River to the purchase line at the head of the Susquehanna River ; from the same due west to the limits of the Province; and by the same to the place of beginning.

The second section of the act enjoined on the in- habitants all the rights and privileges whatsoever enjoyed by the inhabitants of any other county, pro- vided for the election of a representative in the As- sembly, and defined the place for holding the election, which was to be at the house of Robert Hanna till a court-house should be built.

The next section declared the authority of the jus- tices of the Supreme Court to be the same in this county ns in other counties, and authorized them to deliver the jails of capital and other offenders from time to time as in other counties.

By the last section it was enacted that there should be a competent number of justices authorized by the Governor to hold courts of general Quarter Sessions of the Peace and of Jail Delivery, and courts for holding of Pleas, designated the time for holding said courts, which was to be the Tuesday before the Bedford courts in January, July, and October, and directed that the place for holding said courts should be at the house of Robert Hanna till a court-house should be built. These justices were the county justices, com- missioned under the broad seal of the Province, and of these any three could hold court.

There are several sections omitted in the act as printed, but these related to the collection of taxes which had been assessed in Bedford County, the ap- pointment of trustees for building a court-house and prison, for continuing suits previously commenced in Bedford County, and directed the sheriff of Bedford to superintend the first election.

Thus did the county of Westmoreland assume ter- ritorial integrity. It was called Westmoreland after the county of Westmoreland in England, a name which geographically described its situation. It was the eleventh of the original provincial counties, and was the last one created under the hereditary pro- prietors.1

The bounds as taken in and so described embraced all the western part of the Province. That the actual boundaries were not definitely known is seen from the fact that they were afterwards extended. The au- thorities did not feel safe in taking in any territory west of the forks of the Ohio River, and although they knew that the Mason and Dixon line would be their southern boundary, yet the line was not yet run.

Pennsylvania thus left the occupancy of the south- southwestern region beyond the most westerly branch of the Youghiogheny to the Virginians, but claimed as far west as to the Ohio and to that affluent. And this part she embraced in Westmoreland.

On the 27th of February, 1773, the next day after the nct passed, the Governor sent to the Assembly a list of the names of those he had chosen, and whom he nominated as justices of the county courts and justices of the pence. The names of those in this first commission were James Hamilton, Joseph Tur- Der, William Logan, Richard Peters, Lynford Lard- ner, Benjamin Chew, Thomas Cadwalader, James Tilghman, Andrew Allen, Edward Shippen, Jr., Wil- liam Crawford, Arthur St. Clair, Thomas Gist, Alex- ander McKee, Robert Hanna, William Lochry, George Wilson, William Thompson, Encas Mckay, Joseph Speer, Alexander McLean, James Carett, William Bracken, James Pollock, Samuel Sloan, and Michael Rugh, Esqs.

On the 6th day of April, 1778, in the reign of our sovereign lord George the Third, by the grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, was the first court convened at Hanna's. The court was a Quarter Sessions of the Pence, and was organized before William Crawford, Esq., and his associates, justices of the same court. Here, in the low, rickety cabin, overshadowed by the grand old trees of the ancient forest, were the great principles of the English jurisprudence publicly as- serted to the people in this wilderness; and this was the first place west of the mountains where justice was administered in virtue of judicial authority.

The first business of the court was to divide the county into townships. There were eleven town- ships, bounded and mentioned by name, covering the territory from Kittanning to the Youghiogheny, and from the Laurel Hill to the Ohio River. They were named Fairfield, Donegal, Huntingdon, Mount Pleas- ant, Hempfield, Pitt, Tyrone, Springhill, Mannillin, Rowstraver, and Armstrong. An idea of the extent of these separately may be formed by knowing the bounds of two or three. Mount Pleasant township, for instance, ran along the Loyalhanna from where it breaks through the Chestnut Ridge to the Crab-Tree Run, which it followed to the main rond,-that is, the Forbes or Hannastown road; thence in a due course to Braddock's road, keeping along the Braddock's road to where it crossed Jacobs Creek ; thence up Jacobs Creek to the Fairfield township line on the east of Chestnut Ridge. Hempfield began at the mouth of Crab-Tree Run, ran down the Loyalhanna to the Conemaugh, and down the Kiskiminetas to its mouth ; thence in a straight line to the mouth of Brush Run, and down Brush Run to Brush Creek ; thence in a straight line to the mouth of the Youghio- gheny, up the Youghiogheny to Jacobs Creek, which it followed to the line of Mount Pleasant. Springhill embraced all within the Youghiogheny to Redstone,

1 Westmoreland is pronounced by the English with a primary aud secondary accent on the first and last syllables.

" Be patient, gentle Earl of Westmoreland."-King Heury VI., Purt III., Aet I., S. I.

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WESTMORELAND COUNTY ORGANIZED-COURTS ESTABLISHED, ETC.

and thence was bounded by a straight line to the limits of the Province, the boundary of which it fol- lowed on the west and south. Armstrong township was bounded on the south by the Conemaugh and the Loyalhanna, and extended in the wild country to the line of the county on the north, running in a straight line from Kittanning to Black Lick Creek.1

1 Minutes of the First Court held in Westmoreland County.

" AT A COURT of General Quarter Sessions of the Peace held at Robert Hanna's Esquire for the County of Westmoreland the sixth day of April in the thirteenth year of the Reign of our Sovereign Lord George the third By the Grace of God of Great Britain France and Ireland, King Defender of the Faith & And in the year of our Lord one thousand seven hundred & seventy three, before William Crawford Esquire and his associates Justices of the same Court.

"The Court proceeded to divide the said County into the following Townships by the Limits & descriptions hereafter following viz.

"FAIRFIELD Beginning at the Month of a Run known by the Name of the ruaring Run and from thence to run down the Loyal Hannan to the Chesnut Ridge, thence with the line of Armstrong Township to the Laurel Hill thence along the Line of the County to where the said Roar- ing Run crosses that Line, or to a point in said line due east of the head Spring of the said Run thence down the said Run to the Beginning. That part of Armstrong Township that lyes between the Lawrel hill & Chesnut Ridge to be added to Fairfield township.

"DONNEGAL to begin where the line of Fairfield Township intersects the County line and to run along that line to where the Yonghio- geny crosses the same thence down the North side of Youghiogheny to the top of the Chesnut Ridge thence along the top of the Chesnut Ridge to the line of Armstrong, thence up the loyal Hannan to the mouth of the big roaring Run & thence np the said Run to the beginning.

"HUNTINGTON to begin at the Mouth of Brush Run where it empty's into Brush Creek and to go along Byerlys Path to Braddocks Road thence along said Road to the line of Mount Pleasant, thence with the lines of Tyrone & Pitt to the Beginning.

" MOUNT PLEASANT Beginning where the Loyal Hannan breaks thro' the Chesnut Ridge and running down the Loyal Hannan to the Mouth of Crabtree Run and up the same to the Main Road thence with a due course to Braddock's Road thence with the south side of that Road to where it crosses Jacobs Creek thence up Jacobs Creek to the line of Fairfield.

"HEMPFIELD Beginning at the Month of Crabtree Run and running down the Loyal Hannon to the Junction of Counemangh thence down the Kiskemenitas to the mouth, thence with a straight line to the head of Brush Run thence down Brush Run to Brush Creek then with a straight line to the mouth of the Yonghiogheny then up Youghiogheny to the mouth of Jacobs Creek then up Jacobs Creek to the line of Mount Pleasant.

"PITT Beginning at the Month of Kiskemeuitas and running down the allegeny River to its junction with the Monongahala then down the Ohio to the Western limits of the Province thence up the Western Bound- ary to the line of Spring hill thence with that line to the mouth of Redstone Creek thence down the Monongahala to the mouth of Yougio- geny thence with the line of Hempfield to the mouth of Brush Run thence with the line of said Township to the Beginning.

"TYRONE Beginning at the mouth of Jacobs Creek and running up that Creek to the line of Fairfield then with that line to the Youghio- geny thence along the foot of Lawril hill to Gists thence by Birds Road to where it crosses Redstone Creek thence down that Creek to the mouth, thence with a straight line to the Beginning.

" SPRINGHILL Beginning at the Month of Redstone Creek and running thence a due west course to the Western Boundary of the Province thence with the Province line to the Southern Boundary of the Province then enst with that line to where it crosses the Youghiogeny then with the Younghiogheny to Lawrel hill then with the line of Tyrone to Gists and thence with that line to the beginning,

" MANALLIN Beginning at the Mouth of Browns Run thence due East to the Top of Laurel Hill And Westward . . . to the Limits of the Province.

" ROSSTRAVER Beginning at the Mouth of Jacobs Creek and running down the Yonghiogeny to where it joins the Monongahala then up the Monongahela to the mouth of Redstone Creek aud thence with a straight line to the beginning.

By running these lines on a map of Western Penn- sylvania it will be seen that some of these townships embraced the territory of two and three of our present counties.

" ARMSTRONG Beginning where the line of the County crosses the Con- nemangh then running with that river to the line of Fairfield then along that line to the Loyal Hannon then down the Loyal Hannon and the Kiskemonetas to the allegany then up the allegany to the Kittaning then with a straight line to the head waters of two lick or Blacklick Creek and thence with a straight line to the Beginning.

"GRAND INQUEST.

"1. John Carnachan Foreman : jr; 2. John Carnachan junio rjur. 3. Hughey Newal jur : 4. Hugh Bays jur: 5. Samuel McKee jur: 6. Wen- del Onrey jur : 7. Garret Fikes affd: 8. Samuel Waddle jur : 9. James Carnachan jur: 10 Hugh Brownlee jur: 11. William Teegarden jur : 12. Garret Thomas jur: 13. John Shields jur: 14. Ezekiel Hickman jur: 15. George McDowell jur:

"FIRST INDICTMENTS.

" The King

Garret Pendegrass jr.

" Forcible entry, true Bill Deft, being three times solemnly called ap- pears not (process awarded per Curr.) process issd Al Process iss : " The King V

Patrick McGuching, Richard MeGnching & Mark McGuching "Forcible entry, (trne Bill) Defts : being three times called appear not (Process awarded per Curr. (4 Process issd : Al Process issd.) (Mark MeGnching one of the Dfts. being arraigned pleads non Cal de hoc atty Genl. Similiter & Issue.)

"(Removed by Certiorari)

"CIks fee .. £2.10.1

Atty genl ...

0. 18. 0

Shff ...

0. 15. 9

4. 3. 10

" The King

James McQuiston, Joseph Ager, .George Beard, Daniel Mickee, Michael Stockberger, John Levingstone, James Ferguson, William Ferguson, Anthony Walter, William Anderson, Casper Smidley, Nicholas Smidley, John Lydich, Daniel Pamer & Arthur Harrow.

"Forcible entry (true Bill)

"July Sessus, 1780.

"Ou motion of Mr. Smith By the court this Indictment is quashed " The King V

Nathan Frigs, John Swan, Charles Swan, Richard Swan, Henry Vanmetre, William Sheppard, John Philips, Thomas Roach, Jesse Pigman, Isaac Pritchard, Simon Moore, Thomas llughes, Bernard Neal, Thomas Brown, Joseph Fairman, Edward Murdock, Daniel Murdock, John Rice, William Rice, William Teegarden, Aquilla Martin, George Newlan, William Cowen, and Hugh Hale.

" Forcible entry (true Bill) Defts. being three times called appear not (Process awarded per Curr.) (Process issd. Al Process issu.)

" William Forgeson tent in £ 50

Michael Stock berger tent in 50

George Beard tent in 50

James McQuiston

tent in 50

Anthony Walter

tent in 50

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History of the County of Westmoreland, Pennsylvania, with Biographical Sketches of Many of its Pioneers and Prominent Men, Part 13

Author: George Dallas Albert, editor Publication date: Publisher: Number of Pages:

Author: George Dallas Albert, editor
Publication date:
Publisher:
Number of Pages: