History of the County of Westmoreland, Pennsylvania, with Biographical Sketches of Many of its Pioneers and Prominent Men, Part 20

Author: George Dallas Albert, editor
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The spark that kindled the flame was the Boston Port Bill. On the 13th of May, 1774, the town of Boston resolved "that if the other colonics would unite with them to stop all importation from Great Britain and the West Indies until that act should be repealed, it would prove the salvation of the colonies." The act was to go into effect on the 1st of June, and when that day came it was observed throughout the colonies as a fast day. While the excitement consequent on this measure was growing, the Com- mittee of Correspondence for the city of Philadelphia sent out a circular to the principal citizens of the dif- ferent counties, saying that "the Governor, declining to call a meeting of the Assembly, renders it necessary to take the sentiments of the inhabitants ; and for that purpose it is agreed to call a meeting of the inhabit- ants of the city and the counties at the State-House on the 15th inst., Wednesday, July, 1774." This call was signed by Charles Thompson, clerk of the first Continental Congress. On these suggestions meetings were held in most of the counties, and especially where the Scotch-Irish took the lead. Deputies were chosen from every district in the Province, and these as- sembled at Philadelphia on the day fixed. To the com- pany of such illustrious men as sat in that convention Westmoreland sent Robert Hanna and James Cavett. These men talked with Thomas Mifflin and Joseph Reed, and joined in the resolutions of that body, and in the instructions which were gratuitously proffered to their representatives in Assembly. They further sub- scribed to an essay which came from the scholarly pen of Dickinson on the abstract nature of liberty and privi- leges, and on the king's prerogatives, and which was illuminated with copious extracts from Burlamaqui, Montesquieu, and Blackstone. Hanna had been an innkeeper, and Cavett stood so high that he had been elected one of the first county commissioners. They received their latter honor by the suffrages of the people at a special election. They were then, without dispute, fully capacitated to consider of the learning of Queen Elizabeth's chief justice, and advise the deputies to the next Congress to abate from Great Britain a renunciation of all powers under the statute of the Thirty-fifth, Henry VIII., Chapter II., of in- ternal legislation and of the imposition of taxes.

Congress, at its session in May, 1775, resolved to raise a Continental army. Washington was appointed to command the forces of the colonies. The quota of Pennsylvania was fixed at 4300 men, and the Assembly recommended to the commissioners of the several counties to provide arms and accoutrements for this

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HISTORY OF WESTMORELAND COUNTY, PENNSYLVANIA.

force.' They also directed the officers of the military association to select a number of minute-men equal to the number of arms they had, to be ready to march in case of emergency on the shortest notice. To assist in carrying these measures into effect a Com- mittee of Safety was appointed. William Thompson, who had been the first person returned to the As- sembly at the election in 1773, was of this committee from Westmoreland.

This Committee of Safety prepared articles for the government of the associators. Thus the associators, at first merely a voluntary association on the part of those who entered it, was by a resolution of the As- sembly which required all able-bodied men to belong to the military organization, made a compulsory militia. The assessors of the several townships were required to furnish the names of all persons of mili- tary age capable of bearing arms. On those who had not joined the associators a sum of two pounds ten shillings, besides the regular tax, was levied. By one of the articles for the government of this military body passed by ti .. Assembly, if one of the associators called into actual service should leave a family not able to maintain themselves in his absence, the jus- tices of the peace, with the overseers of the poor, should make provision for their maintenance.

Towards the close of 1775 a further demand was made on the State for four battalions; and of these, one was placed under command of Col. Arthur St. Clair.

The Continental Congress in May, 1776, declared that it was irreconcilable to reason and good con- science that the American people should take the oaths for the support of government under the crown of Great Britain, and that it was necessary that every kind of authority under the crown should be sup- pressed. A long struggle then ensued between the proprietary interest, represented principally by mem- bers of the Assembly, and their opponents, called Whigs. The plan of the Whigs to call a convention was finally successful; and at a conference of the Committees of Observation for the different counties, held at Carpenter's Hall on the 18th of June, 1776, it was resolved that it was necessary to call a Provin- cial Convention to form a new government in the interest of the people only, and to the members was proposed a religious test.1 The delegates from West-

1 Oath of Profession :

" I do profess in God the Father and in Jesus Christ the Eternal Son, the true God, and in the Holy Spirit one God blessed evermore, and I do acknowledge the Sacred Scriptures of the Old and New Testament to be given by Divine Inspiration."

Following is the form of the Oath of Allegiance:

" I do swear (or affirm) that I renounce and refuse all allegiance to George the Third, King of Great Britain, his heirs and successors; and that I will be faithful and bear true allegiance to the Commonwealth of Pennsylvania as a free and independent State, and that I will not at any time do or cause to be done any inntter or thing that will be injurious to the freedom and independence thereof, as declared by Congress ; and also 'that I will discover and make known to some one justice of the peace of

moreland to this Provincial Conference were Edward Cook and James Perry.

This organization, under the presidency of Mr. Mc- Kean, passed to the consideration of the circular and resolves which had called them together. They then, on the next day, the 29th, unanimously resolved, "That the resolutions of May were approved by the Conference; that the present government of the Province was not competent to the exigencies of affaire ; that it was necessary that a Convention of the Province should be called by that Conference for the purpose of forming a State government; and that a committee should be appointed to ascertain the number of members of which the Convention should consist." Of this committee the city of Philadelphia was allowed two, and each county two also, with the exception alone of Westmoreland, which was allowed but one. Cook was appointed of this committee.

The Conference proceeded to make such regulations as regarded the qualifications of the voters for the members to the Convention, and when they began to consider the resolution which made it obligatory on an associator that he should have paid taxes, or should have been assessed before he could vote, it was seen that under that order of things Westmore- land would be totally disfranchised, for Westmore- land had been exempted for three years from the payment of provincial taxes. If it were possible for this state of affairs to be brought around again by any reasonable effort on the part of the tax-payers of the county in this year of grace, there would, no doubt, be a determined effort to make it perpetual. This disability, however, was removed by a resolution allowing it to be no disqualification to the electors of Westmoreland.

For the purposes of this election the whole of the ; = county was divided into two election districts. The first division was of all that part south of the Youghiogheny, the inhabitants of which were to vote at Spark's Fort, on the river, and the other di- vision was of all the rest north of that line, who were to vote at Hannastown.'

Each county for this convention had been allowed eight members. Ours was represented by James Barr, Edward Cook, James Smith, John Moore, John Carmichael, James Perry, James McClellan, and Christopher Lobingier.' On the 15th of July, 1776,

said State all treasons or traitorous conspiracies which I now know or hereafter shall know to be formed against this or any of the United States of America."

See Appendix C. " Judges, First Division .- George Wilson, John Kile, Robert Mc-

Connell.

Judges, Second Division .- Barr, James John Moore, Clement Mc- Genry.

3 Biographical Sketches of the Westmoreland Members of the Constitutional Convention of 1776 .- James Barr, of Westmoreland County, was boru in Lancaster County in 1749. He removed to Westmoreland County prior to its organization, and located in Derry township. At the outset of the Revolution he was energetic in assisting the formation of the associated

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CIVIL AFFAIRS IN WESTMORELAND ON THE EVE OF THE REVOLUTION.

Convention, now for the State of Pennsylvania, for on the 4th the Congress had declared the nies independent States. he members of this Convention took the prescribed

lions both for general and frontier defense; was chosen a member Convention of July 15, 1776; served as justice of the peace sub- nt thereto, and from 1787 to 1790 was a member of the General ably, in which he opposed the calling of the Constitutional Conven- of 1700. He was, however, an associate judge of Westmoreland y under that constitution, and in 1802 signed a remonstrance ut the impeachment of Judge Addison, then president judge of the ct. On the organization of Armstrong County, Judge Barr was in ew county, and was appointed one of the commissioners for laying ie town of Kittanning, the county-seat. He was appointed one of rat associate judges of Arnistrong County, an office which he filled his death, which occurred May 11, 1824.

ward Cook, of Westmoreland County, was born in 1738, of English tage, in the Cumberland Valley, on the Conococheague, then in aster, now Franklin County, Pa. In 1772 he removed to the " Forks ugh," between the Monongahela and Youghiogheny Rivers, now tto County, and between that date and 1776 built a stone house, yet ing, where he lived and died. When he first settled in the western of the State be kept a store, farmed, had a still-house, and owned . He was a member of the Committee of Conference which met at enter's Hall, June 18, 1776, and of the Convention of July 15, 1776. ;7 he was appointed by the General Assembly one of the commis- rs from this State to meet those from the other States, which as- led at New Haven, Conn., Nov. 22, 1777, to regulate the prices of nodities. In 1781 he was in command of a battalion of rangers for ier defense. He was sub-lieutenant of Westmoreland County, 1780 und lieutenant Jan. 5, 1782, which latter office he held at the time e erection of Fayette County in 1783. On Nov. 21, 1786, Col. Cook appointed a justice, with jurisdiction including the county of Wash- n, and Ang. 7, 1791, associate judge of Fayette County. He was a of influence, and during the Excise troubles in 1794 was chosen man of the Mingo Creek meeting, and was largely instrumental in ing the excitement, and thus virtually ending the so-called Whiskey rrection. Col. Couk died on the 28th of November, 1808. His wife Martha Crawford, of Cumberland, now Franklin County, sister of Jusinh Crawford. She died in 1837, aged ninety-four years, in the stone house into which they moved, as she always said, in "inde- once year." Col. Cook had but one child, James Crawford Cook, was born in 1772, and died in 1848.

mes Smith, of Westmoreland County, was born in Cumberland, Franklin County, Pa., in the year 1737. At the age of eighteen ) he was taken captive by the Indians during their marauds on the lers subsequent to the defeat of Braddock, was adopted into one of families, aud accompanied them in all their wanderings until his pe in 1739.' He returned to the Conococheagne early in 1760, where ttled.at his old home. He was leader of the famous " Black Boys" 63 and 1709; served as a lieutenant in Bouquet's expedition against Ohio Indians in 1704, and in 1766 went on an exploring excursion Southern Kentucky. After the peace of 1768 he removed to West- eland County. In 1774, during Dunmore's war, he was appointed in of a ranging company, and in 1775 major in the associated bat- n of the county. He was a member of the Convention of July 15, , and chusen to the Assembly in 1776 and again in 1777. During atter year he was in command of a scouting-party in the Jerseys, in 1778 commissioned colonel in command on the frontiers, doing llent service in frustrating the marauds of the Indians. At the of the Revolution, Col. Smith removed to Kentucky, settling in rbon County. In 1788 he was elected a member of the Convention ch assembled at Danville to coufer about a separation from the State irginia, and from that year until 1799 he represented the county or in Convention or Assembly. In 1810 he published two pamph- against the Shakers,-" Shakerism Developed" and " Shakerisn De- d,"-and in 1812, " A Treatise on the Mode and Manner of Indian ," with extracts from his journal of his captivity. He died in Wash- on County, Ky., in the summer of 1812.

or sketch of life of John Moore, see notes to Chapter XI.

un Carmichael, of Westmoreland County, was a native of Cumber- County, Pa., born about 1751. Previous to 1775 he had settled in t is now Franklin township, Fayette County, on the waters of Red- . Creek, about eight miles from Col. Cook's, where he erected a

oath, a copy of which is given in Note 1, p. 78, and be- sides discussing the plans and perfecting the measures necessary to the adoption of the constitution, assumed the supreme authority in the State.1 That the dele- gates went beyond the scope of business intrusted to them by the people, and for which they had been convened, was not at the time questioned, but it after- wards was, without avail, for the people themselves ratified and sanctioned what was done. The old As- sembly, in interest with the proprietaries, made a feeble remonstrance against the actions of the Conven- tion, but it was too late, for the old was rung out with the bells swinging in the steeples on the Fourth of July. This body, therefore, among other matters, appointed a Committee of Safety to discharge the executive duties of the new government, approved of the Declaration of Independence, and appointed justices of the peace, who before assuming official functions were each required to take an oath of renunciation of the king's authority and of allegi- ance to the State, resolved that Pennsylvania was thenceforth a free and independent State, put forth a bill of rights, formed a constitution, and declared a plan or frame of government for the Commonwealth. The constitution went into effect on its adoption, Sept. 28, 1776. The Legislature had previously, about the middle of June, made provisions for the enrollment

mill and still-house. He was elected a member of the Convention of July 15, 1776, and of the Assembly in 1777. He died in 1796, leaving a widow and two sons,-James and Thomas.

James Perry, of Westmoreland County, located at an early period on Monongahela River, at the mouth of Turtle Creek, just above what is known as Frazer's cabin, where he took up a large tract of land. He was a member of the Provincial Conference held at Carpenter's Hall June 28, 1776, and of the Convention of July 15th following. From March 21, 1777, to the close of the Revolution he served as one of the sub-lieutenants of Westmoreland County. Of his subsequent history all inquiries have failed to elicit any information, save that he removed either to Kentucky or Missouri at a very early day.

John McClelland, of Westmoreland County, was born in Lancaster County, Pa., in 1734. He emigrated to what is now Fayette County prior to 1770, and took up a tract of land in Franklin township. He was a member of the Convention of July 15, 1776, and of the General Assen- bly of 1778. He was in active service on the frontiers during the Rev- olution, and was captain in the First Battalion of Westmoreland militia at the close of the war. He figured with some prominence in the Whiskey Insurrection, during its closing scenes, as chairman of the committee appointed by the meeting at Redstone to confer with the commissioners of the United States and State of Pennsylvania. He died on his farm in February, 1819. Gen. Alexander McClelland was his son.

Christopher Lobengier, of Westmoreland County, the son of Christopher Lobengier, a native of Wittenburg, Germany, was born in Lancaster, now Danphin County, Pa., in the year 1740. He removed in the spring of 1772 to Mount Pleasant township, Westmoreland County. He served on the Committee of Correspondence for the county, 1775-76; and was chosen a member of the Convention of July 15, 1776; and under the constitution of 1790 was a member of the House of Representatives from 1791 to 1793. He died on the 4th of July, 1798. Mr. Lobengier married, in 1766, Eliza- beth, daughter of Rudolph Muller, by whom he had four sons and five daughters. She died at Stoystown, Somerset Co., Pa., Sept. 5, 1815, aged seventy-one years. John, the eldest son, was one of the associate judges of Westmoreland County, and served in the General Assembly. Col. Israel Painter and Gen. C. P. Markle, of Westmoreland, are descendants of Christopher Lubengier .~ Articles in " Pennsylvania Magazine," by Dr. W'm. H. Egle.

I M nutes of Provincial Conference, &c. and Pennsylvania Archives, second series, vol. iii., historical note.

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HISTORY OF WESTMORELAND COUNTY, PENNSYLVANIA.

of all persons fit for military duty. The test oath, which was a general one, was a measure considered necessary to restrain the insolence of the Tories, a name applied in general to those who were loyally inclined to the old proprietaries or to the crown. By this enactment all white male inhabitants of the State above the age of eighteen years, except of the counties of Bedford and Westmoreland, should, be- fore the first day of the ensuing July, 1777, and in the excepted counties before the first day of August, take and subscribe to, before some justice of the peace, the. prescribed form of oath. On all who ne- glected or refused to take the oath severe penalties were imposed by law. Nearly all who took a promi- nent part in the Revolution subscribed to this oath. These subscriptions are not at present accessible. We have inserted all the names we have yet found ' in the Appendix (which see). The religious test was dispensed with at the adoption of the constitution of 1790.

By the plan or frame of government adopted for the Commonwealth by the Convention of 1776," the su- preme executive power was vested in a President and Council, and the Council was to consist of twelve men, distributed over the State, of which Westmoreland was allowed one, to be chosen by election. John Proctor, who had been appointed by the proprietary the first sheriff in 1773, was elected the first councilor, and as such continued from March 10, 1777, to Nov. 18, 1777; he was succeeded by Thomas Scott, who was settled in the region afterward incorporated into Washington, and whose name frequently appears in the history of that county, he being their first mem- ber of Congress under the Federal Constitution. Scott was councilor from the time when Proctor ceased to be one to Nov. 13, 1780, a period of three years, and the time limited for any one to remain in office continuously.3

Under the new state the military affairs were care- fully attended to and made more efficient. To facili- tate the system, and to give even to civil affairs a martial aspect, several offices were created, the hold- ers of which possessed extensive powers delegated to them. The chief of these was that of county lieuten- ant. This officer was the chief military officer in the county, and he had both civil and military duties. He distributed arms and clothing among the associa- tors, the Council drew upon him for the amount of the assessments for the army, he could order the militia to any point in time of danger, he could hold courts- martial; his authority, indeed, in these matters was bounded only by the Council itself, or was in abey- ance whilst a regular officer in the State or Continen- tal service was in command over his district. Archi-

bald Lochry, one of the Scotch-Irish settlers, and a neighbor when at home of John Proctor, was the first county lieutenant, coming to office March 21, 1777. His time of office was most critical and trying to the fullest, and although he necessarily got into some altercations with officers who wanted to divide their authority, yet he showed great energy in watch- ing and holding the frontiers during those perilous years from 1777 to 1781. That he was a responsible man, and that the officers of the government and the people had confidence in him, is apparent from this, that he remained in office till his death. He not only directed many small expeditions into the coun- try of the Indians towards the north, but himself headed many others, and in the outskirts beyond the settlements they guarded the cabins of the settlers behind. He left his bones, with other of his comrades, at the Miami River in Indiana, where he, leading his Westmorelanders to join Clark, was surrounded by innumerable warriors and killed.

Edward Cook was Lochry's successor, and he was in office Jan. 5, 1782; he held part of the time under a special commission, and did not remain in office long, for he was identified with Fayette and Wash- ington, the latter by this time erected. Cook, how- ever, enjoyed the favor of holding commissions in both, and er officio a justice of the peace in all at the same time. Cook's successor was Col. Charles Camp- bell, an active military man, and who was a repre- sentative man and a mouth-piece somewhat later. He was often heard from during the troublous times of 1791 and 1792. He was an early settler in Indiana County when it was of Armstrong township, West- moreland. He lived at Black Lick. He in his day did well, serving his country and generation with watchfulness. Some local information can be gath- ered from his correspondence, and if a person should see a few of his letters in print he could readily find their fellows, for he spelled as an old Indian-fighter would spell, began every second word with a big letter, and after telling the true state of the " froon- tiers," signed, with the conventional urbanity of the old time, " With The Greatest Hon'r. Your Most Obt. Hbl. Svt. &c."

At the same time the office of sub-lieutenant was created, but the office being deemed not necessary was soon after abolished.

Pennsylvania was thus fully committed to the cause of the colonies. With them all it now was to do or die; it was either the crown or the halter. Hence- forth during all this eventful era all history of a local character is more or less connected with the history of the confederated government. Nor can our nar- rative during this time be given with any degree of pre- cision or connection. Natural barriers separated the East from the West. The Atlantic seaboard furnished the armies then in actual service, although recruits from the west of the mountains were in the early part of the war forwarded to protect the larger cities from

1 For form of oath see Note 1, page 78; for list of subscribers see ap- pendix to Chapter XVII., " A."

" Convention sat from July 15, 1776, to Sept. 28, 1776.

3 For list of councilors and other early officers, including officers of the court, etc., see Appendix " D."

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WESTMORELAND IN THE REVOLUTION.

invaders, but thenceforward to a great extent the est was left to take care of itself. Early in the war British had made a department, with headquarters Detroit. They had still retained their ascendency er the Indians, an ascendency which had been ured by the most influential man ever employed effect alliances with them, Sir William Johnson. is influence was yet kept up by the profuse use of ney, the distribution of arms and necessaries to tribes, by the standing reward for scalps, and the luence of renegade whites who remained loyal to kingly government, and who did not take part h the cause of the colonies. But even had the ne influence been exercised by the Continental ngress it would not have had the same results. e American settler had been brought up from his Idhood, or at least from early manhood, to regard Indian as his greatest foe. Nor would an alliance h these have been acceptable to many, even had h an alliance been effected, such were the feel- s of hatred indulged by most of the Western set- s, although it was not wise, nor politic, nor .con- ent with the pretensions and the motives of the eral government in them to harbor such feelings.

CHAPTER XVIII. WESTMORELAND IN THE REVOLUTION.

t Battalion directed to be raised in Pennsylvania for the United Colo- es-Capt. John Nelson's Company from Westmoreland-Ordered to nada-Services of this Company-Second Pennsylvania Battalion der St. Clair-Capt. William Butler's Company, and Capt. Stephen yard's Company-History of the Services of this Battalion in the . pedition into Canada, and in the Retreat to Ticonderoga-The Third nnsylvania Regiment formed out of Saint Clair's Battalion-Memo- l of the Officers of the Third and Ninth Pennsylvania Regiments- etch of Capt. James Chrystie, and of Thomas Butler-Pennsylvania fle Regiment-Its History-Capt. Joseph Erwin's Company-Their allant Services at Long Island-The Company Incorporated into other mmande-State Regiment of Foot-Capt. Carnahan-Capt. Scott's mpany-The Second Pennsylvania Regiment-Condition of the estern Frontiers at the Beginning of the Revolution-George Mor- n, Indian Ageut at Fort Pitt-Eighth Pennsylvania Regiment leed by Authority of Congress-Directed to be raised in Westmore- nd and Bedford Counties-Seven Companies raised in Westmoreland Its Officers-Mustered into Service for the Defense of the Frontiers They receive Orders from the Board of War to join Washington- tter from Col. Mackay to President of the Board-Letter from ent .- Col. George Wilson to Col. James Wilson-They set out for New rsey-Their Terrible March-Their Condition on their Arrival at Padquarters-Hon. T. Pickering's Mention of their Distressful Con- tion-Change in the Officers of the Regiment-Return of June, 77-Different Returns of 1777-Engagements of the Regiment- heir Losses and Casualties-Valley Forge-Regiment ordered to ttobargh in 1778-Col. Brodhead, with the Regiment, makes a de- ar up the West Branch-Remains of the Regiment stationed at ttaburgh-Extracts from the Order-Book of the Regiment-Mor- n's Rifle Regiment-Character and Object of the Organization-Its dcers-Their Services at Saratoga-Col. Richard Butler second in mmand-Capt. Van Swearingen-First Lient. Basil Prather-Second ent. John Hardin-Anecdote of Van Swearingen-His Subsequent reer-Stony Point-Its Position and Importance-Washington de- inines to Capture it if possible-Confers with Gen. Wayne-Col- chard Butler commands one of the Detachmente who are detailed this Service-They carry the Fort at the Point of the Bayonet- .

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History of the County of Westmoreland, Pennsylvania, with Biographical Sketches of Many of its Pioneers and Prominent Men, Part 20

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

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