History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical, Part 72

Author: Egle, William Henry, 1830-1901
Publication date: 1883
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1046

USA > Pennsylvania > Dauphin County > History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical > Part 72
USA > Pennsylvania > Lebanon County > History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical > Part 72

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

" There is one provision in the will of George Frey which I do not consider to be authoritative, viz .. the provision that no part of the real estate devised shall ever be sold. I conceive that the law-making to wer bas control over all the landed property within the limits of the State. and that where the pul lic interests imperatively require its sale, its enle may be directed, the proceeds, in cases of trust, to be applied to the same naes as declared in the trust. A conversion is not a diversion. It must sometimes, if not frequently, be a great ful lie inconvenience or a posi- . terforing with contracts refere simply to contracts between indivi lun ... tive evil that real estate remain in the same condition and subject to . and not to contracts between individuals and the government itself? I:

277

GENERAL HISTORY.

i- n legal principle, In the construction of statutey, that the sovereign is n t included unless expressly named. See Broom's Legal Maxims, 73. Why should not this principle be applied to the provision as to contracts In the Constitution of the United States ?

" The Supreme Court of the United States also decided, in the ense of the State of New Jersey re. Wilson (sem ) Kent's Com. 414-15) that the power of tuzuhon could be permanently surrendered. Now ' the taxing power is an incident of sovereignty, an essential part of every inde- pendent government.' ( Black, (. J., in the case of the Bink of Penn- sylvania vs. the Commonwealth, 7th Harris, 152.) How, then, can it be wirrendered by a temporary legislature? 'Taxation to be just must be equal, and to be equal must he universal.' 'To exempt some would be to increase the burdens of others." ( Idlem.) Why, then, should the property of institutions, not for burial or religions objects or for pur- poses of general charity, be relieved of a burden to which that of the poor is subjected ?

"The occasion to which I have referred was not the only one on which I have heard Mr. Buchanan. I heard him frequently in our State Legislature when he was a young man, and I then much admired him. His voice was agreenble, very clear, with i ringing sound, and loud; his enunciation was exceedingly distinct; he was fluent in speech, though deliberate, but not nopleasantly -o; his manner usually am- mateil, and his Lenguage unexceptionable. I also heard him in the Senate at Washington, just previous to the inauguration of Gen. Har- rison. He spoke in opposition to an impracticable, absurd resolution, jatroduced by Mr. Crittenden, soon to be one of the new cabinet, pro- hibitiag officers of the general government from interfering in elec- tions. An earnest discussion took place, the Senate being addressed by Mr. Crittenden, Mr. Clav, Mr. Mangum, Mr. Wright, Robert J. Walker, and perhaps by Mr. Calhoun, and ia my estimation Mr. Buchanan was not surpassed by any Que on that occasion. He was an agreeable speaker, and very able and impressive in debate ; hut he was considered to be timid and irresolute when required to assume responsibilities on occasions of extraordinary importance to himself or to the public inter- este. When secession was threatened or actually begun, had he pos- sessed the resolution and intrepidity which, at such a crisis, should have been displayed by the head of the government, the South would not have been in doubt whether secession would be met by mere protestation, acquiescence or entreaty, or fought to the bitter end. But Mr. Buchanan appears to have been fitted for action in quiet times, rather than the stormy scenes of politics or revolution.

" Mr. Buchanan was tall in person, his form large and well developed, His head, however, from some diseased condition, or from malformation in his neck, hung to one side. He dressed carefully, and his appearance was gentlemanly and impressive.

"Two young men read law in the office of Mr. Shuak when he was in practice here, viz., William M. Hall and James Findlay, and they were admitted to the har in November, 1822.

" Mr. Hall was a native of Harrisburg. His mother was a daughter of William Maclay, and she resided at the time of her death in the stone house on the corner of Front and South Streets, in this place, which had been built about the year 1794 hy her father, and which was the second stone house built within the present harits of Harrisburg, the une erected in 1766, near the lower end of Front Street, by the second John Harris, subsequently the founder of Harrisburg, being the first.

"Mr. Hall settled at Lewistown, in the county of Mitflia, where he 8000 got into practice; and had he continued at the bar, from his marked ability and great industry, would probably have attained a high rank in the profession. But his mind becoming religiously impressed, he abandoned the practice of law, studied divinity, and became a cler- gyman in the Presbyterian Church, and was widely known throughout the State. His health became impaired, and he died in middle age at Bedford, in August, 1851. Ilis mind was too active and energetic for the frail tenement in which it was lodged. His bodily strength was not antficient for attaining a knowledge of two professions. His eyes were prominent and he was near-sighted, but he did not discover the imper- fection till he was well grown, when, hearing come boys speak of seeing something on the island opposite, he at first disbelieved that the island could be seen distinctly from the town, and it waa then he discovered his defect of vision. Mr. Hall was a very honest, upright ovan, reliable in his friendships, and a sincere Christian. One of his ovos is now . miem- ber of this bar.

" James Finallay was a son of Governor Findlay, four of whose hve Bully were admitted to the bar. He settled in Greensburg, Westmore- land Co., where he had been appointed the progrenting officer, and from which county he was afterwards elected to the Legislature, where be soon became distinguished. He was subsequently appointed secre-

tary of the Commonwealth by Governor Wulf. He eventually removed to Pittsburgh, where he was joined in the profession by Mr. Shunk & short time before his nomination for the office of Governor. IF there died, umimarried, in middle age, about the year 1844. James Findluy and his elder brother, Archibald, hereinbefore mentioned, were men of gentlemanly instincts and manners, and were each of rather superior ability and of fair reputation.

" I here take occasion to mention that Governor William Findlay, for whose memory I entertain a youthful respect, has been confounded with William Findley, of Westmoreland County. See Graydon's ' Memoirs,' edited by Littell, punges 336 and 373.

" Mr. Mccormick was known to most of the present members of the bar. He was a superior lawyer, and from his unexcitalde temperament might have been well fitted for the bench. When actively engaged in his profession he had a more extensive practice than any other of those who came into practice with him. His opinions on matters of law were generally refiable, and he was extensively called on for counsel after, fromi loss of sight, he ceased to be able to try canses in court Ho was an effective speaker, and when he lost a cause it might generally be considered that he had the wrong side of it. He was of medium size, and of intellectual countenance. It would seem that after arriving at manbuod he never enjoyed good health. He was sedentary in his habits, Taking but little exercise either in walking or otherwise. He was rather unsocial in intercourse, but seemed to enjoy the company of his friends when in his office. His eyesight, perhaps owing to his sedentary life, and perhaps excessive and incautious use of his eyes, becanie impaired, and he became blind. The affection, however, did not seem to affect his spirits, and in his office he seemed much as usual. Though sorely af- flicted for many years, he bore his atthetion, at least publicly, with little murmur or complaint. He died in January. 1-70, aged sixty-nie.

" John C. Kunkel was of quite prepossessing appearance. He was of mediaor height, slight, but well formed, had a ruddy countenance and very clear complexion. He had a pleasant voice, was a highly agree- able speaker, and more accomplished in that respect than any other member of the bir of this place since the organization of the county. Though distinguished as a speaker, he was not considered by the leading members of the Lar here to be so as a lawver. To attain eminence in knowledge of law requires close and attentive study, as well as large practice, and he had not industry or resolution sufficient to effect that result. He was twice elected to Congress, but his Imsiness engagements at home interfered so much with his representative duties that he was not distinguished as a member of Congress. He was unusually suc- cessful in the acquisition of fortune, a portion of which he left to pur- poses of charity. He died in october, 1x70.

"There was another alember of the bar who died snine years ago who was considerably distinguished for his knowledge of law and for indus- try in his profession. This was John A. Fisher. Ile came to the bar in December, 1820, when his father, Mr. George Fisher. heretofore spoken of, was still in considerable practice, and thus was enabled the more readily to get into business. He was the most laborious lawyer I have known'in the course of my practice here. He wa- generally ready for the trial of his causes when by reasonable diligence it could be effected. His usage in the trial of a conse was to endenvor to write down nearly all of the oral testimony delivered, not trusting to his niemery for it. This contributed to bogthen trials in which he was engaged, and was . often complained of by the court and the adverse counsel, but he was pertinacious. When his turn came he gave the cunse a thorough ex- amination. In the preparation of his paper-books for the Supreme Court he was elaborate, and it was not his fault if his side of the case was not understood. He pursued the profession for nhout forty years, and had an extensive and lucrative practice in this and Lebanon County, He was gruprally concerned In the few ejectmient crispy which depended on original title which were tried here after the oldler lawyers, who had large experience in that line, had died or had retired from the bar. These cases related to timber lands of mountain lands in the coal region, which had become an object of special attention. He also drafted the act of March, 1860, for the incorporation of the city of Harrisburg. which ex- tensive act is evidence of his ability and is a specimen of hi- industry. He died in July, 1x64, aged sixty-six. He was a large man, of remark- ably vigorous constitution, and of great strength and power i foudurance.

"Charles C. Rawy was a member of this bar for fifteen or twenty years. lle was from one of the eastern counties of this state, perhaps from Chester. He was possesspilot consideraide ability, of great energy of character, and was indefatigable in attention to his professional bagt- Des Hewas fluent in -perch, and in controversy was the last to sield. He was a relative of Governor Shunk, which connection most probably induced his settlement here. He had been of the Democratic school of

! , 278

HISTORY OF DAUPHIN COUNTY.

politics, and was decidedly opposed to abolition, alleging a fear of a ser- vile war of Macks against whites, but when the war logan he was de- cided for the Union, And became n provost-marshal in the mustering in of troops. He was successful in his profession. He was a very indus- trious man, and I understand that for years he kept a journal which, if it covered the whole period of the late war, may contain some interest- ing reminiscences He was a member of the Preste terian Church in this place. He died in December, 1965, aged sixty-funr. He was about six feet high and of good address.

" Another member of our bar was well known in his day, and is de- serving of notice on account of the spirit he displayed in regard to eu- terprises uf a public character without an absorting interest in them is to personal advantage on bis part. I mean William Ayres. His knowledge of law as well As bis general reading was quite moderate, but his judgment on common matters of a practical character was ex- cellent. He had great energy of character and a large degree of public spirit. He had also considerable ingenuity and management in origi- Dating and forwarding publir enterprises. llo arribyed the cun-true- tion of the Harrisburg water-works, forwarded that of the Broad Top Railroad, and had the survey made of a railroad from Harrisburg to Hamburg, which is now in process of construction. He was a member of the llouse of Representatives for two terms. He was a man of large size, rather Beshy, of genial temper, of excellent disposition, obliging, and social. His life was a useful oue. He seebied to bave enjoyed ex- cellent health till near the period of his death. He died in May, 1856, aged sixty-four.

" In December, 1967, occurred the death of Judge Mckinney, aged seventy-one. He studied law in Carlisle under the direction of Judge Donvan, nud way exceedingly well grounded in its elementary principles. He had not the faculty of fluent expression, and did not succeed well in practice. He was at one time one of the associate judges in this county. He was the author of several legal works, one ou the Constitution of the United States, a work on the office of justice of the peace, and a digest of the laws of Pennsylvania. He was an upright, conscientions man, was a decided abolitionist, being one of the vice-presidents of the Auti- Slavery Society as long ago as 1e36, was long a member of the Freshy- terian Church of this city, of which he was an elder, and was a zealons Christian. His death occurred through accident on the street railroad in this city.

" William H. Miller was a member of this bar for ten or more years. He was possessed of a fine physique, was nearly six feet high, and well formed. He was gentle an 1 agreeable in manter. of a social turn, and of a kind dispositi .n. But in politics he was indexildle. His father had been one of the Democratic leaders in Pennsylvania and his son in. bibel early the same political faith. He seemed to thunk that the in- terests of the country were bound up in the nacendency of Democratic men and the principles and measures which they advocated, and that the course of the Republican party was the direct reverse. He , seetued to have a strong predilection for politics, and was usually ready | to support his party or encounter the political enemy. He represented this congressional district at the beginning of the late war. He was one of the counsel of the Pennsylvania Railroad Company. I should think that he had not devoted much of his time to the study of his profession. His practice, perbate-, was chiefly in the criminal courts. He was a really, forcible, and agreeable speaker. He died in September, 1870, aged forty-twu.

"John H. Briggs was born in Cumberland County, but restlel here for the last thirty years. He was a respectable lawyer, though he never had much practice in the trial of canses. He had considerable expe- rience as an accountant and auditor, and was appointed by the court, or on nomination of parties, to adjust important interests in that matter. . He was an upright, honorable man, and his death was much regretted in this community. He was a member of the Presbyterian Church in this place, and had long been connected with it. He was above the or- dinary height, was well formed, and of very gentlemanly appearance. He died in March, Is72, aged fifty-seven.

" There was lately an ancient mirtuber of cur bar lingering on the threshold of life. I mean John Roberts. Col. Roberts wa- connected with the bar for more than half a century. He never had an extensive practice. His tastes were of a mathematical and scientific character. As a civil engineer, surveyor, and draughtsman he was quite ace am- plished. He was fond of reading, and was possess ] of a find of infor- mation in science, history, and general Literature, He was a botani-t of respectable character, with some knowledge of mineralogy and geology. He bad a dne musical taste, and was quite an excellent perforther on the violin. He was possessed of more varied attainments than any other member of our bar. He was once a member of the House of Represen-

tatives. He was also an exceedingly good penman, and was for years prothunotary of our county, and was a model officer.

" The colonel was not only proficient on the violin, but he was an ex- collent dancer; and dancing then was not, as at present, the simpl .. walking through a figure, nor the vulgar waltzing of the present day. but a display of agility and grace in the contralance, reel, or cotillion. The colonel could cut pigeon-wing with the case of a theatrical profes- sor; and this was an accomplishment possessed by few of his young companions. He was the orderly sergeant ot fapt. Walker's company. which marched to Baltimore in 1811. He was puedessed of an attalde. intensive disposition, and his life has been highly vaerul to the com- munity. This last is eulogy. As respecto his memory, he might have said, in the words of Bi-hop Bonar,-

"' I need not be missed if my life has been bearing, As its anmimer and autumn moved silently on, The bloom and the fruit and the seed of its seasou, I shall be remembered by what I have done.'

" Ile was of medium size, rather slight in body, of a dark complexion, bright dark eyes, und of intelligent countenance. In his youth he was probably very active. Although his bodily strength had failed in his latter years, his mind remained clear till near the closing scene of his life. Ile was the oldest member of this bar living at the time of his death. Ile was no honest man. He was a member of the Presbyterian Church. His faith was firmu, and he was not unwilling to meet death when the summons should come. He died in February Inst, at the ad- vanced age of eighty-tive.

"Of such of the lar as are still in practice f forbear to speak ; and be- sides, their respective qualifications and characters are as well, and, as to many of them, better known to those who are in practice with them. I eit with the suggestion that if members of the bar in other cities or connties in the State would prepare and publish biographical notu es of distinguished members of the bar in their respective cities or counties or judicial district., with notice of matters of a public character with which they have been connectedI, information of public interest may be preserved which may otherwise be lost. Leading members of the bar are often more or less connected with events interesting to the public occurring in their own neighborhood."

MEMBERS OF CONGRESS.

Lancaster and Dauphin.

1.89-31. John W. Kittera.

1797-99. John A. Hanna.

1791-03. John W Kittera. 1799-1801. John A. HanDa.

1793-05. John W. Kittera.

1801-3. John A. Hanna.

1795-37. Jobu A. Hatin ..

Dauphin, Cumberland, Mifflin, and Huntingdon.

180+-5. Jobn A. Hanna. 1807-9. David Bairdi.

IS05-7. John A. Ilanna. 1809-11. Robert Whitebill.

1807-9. Robert Whitehill. David Bard.

Lancaster and Dauphin.

IsII-13. Robert Whitehill.

1815-17. James Wallace.

David Baird. 1817-19. James Wallace.

1813-15. Edward Crouch. 1819-21. Jamies Wallace.

Sirth District,-Dauphin and Lebanon.

IS:1-20. John Phillips. 1827-29. Innis Green.

1:23-25. Robert Harris. 1520-31. Ennis Green.

1 :25-27. Robert Harris.

Teuth District,-Dauphin and Lebanon.

1-31-33. John C. Bucher. 1837-39 Luther Keily.

18 3-35. William Clark. 1839-41. William Simonton.

1535-37. William Clark. 1841-43. William Siuonton.

Fourteenth District,-Dauphin, Lebanon, and schuylkill.

1-43-45. Alexander Hamsey. 1849-51. Charles W. Pitman.

1545-47. Alexander Ramsey. 1×51-53. Thomas M. Bibighaus.

1847-40. George N. Eckert.

Tenth District,-Ensuphin, Lebanon, and Trion Counties, and township of

Lancer Makenny. in Northumberland County.

1991-51. Ner. Mitrewarth. 1-59-61. John W Killinger.

1 .- 45-35. John C. Kunkel. 1xbl-63. John W. Killinger.

1-55-59. John C. Kunkel.

i 1

279

GENERAL HISTORY.

Fourteenth District,-Dauphin, Northumberland, Union, Snyder, and Juniata. 1-63-65. William H Miller. 1-3-T1. John B. l'acker. 1-05-67. George F. Miller. 1971-73. John B. Packer.

1-67-9. John B. Packer.

Fourteenth District,-Dauphin, Lebaron, and Northumberland Counties.

1×73-75. John B. Packer. 1.73-31. John W. Killinger. 1975-77. John B. Packer. 1>>1->3. Samuel F. Barr.

1877-79. John W. Killinger. 15-3-5. Samuel F Darr.

MEMBERS OF THE SENATE. UNDER THE CONSTITUTION OF 1790.

Fifth District,-Berks unt Dauphin.

1790-91. Joseph Hipster. 1790. Christian Laner.

John Gloninger. 179s. John Kean.

1791-92. Gabriel Hiester, vice Ju- Christian Laner.

seph Hiester, resigned. 1600. John Kean,

1792. John Andrew Hanna, rice Christian Laner.

Gloninger, resigned 1801. Henry Orth, rue Kean, re- signed.

1794. John Kean. Gabriel Hiester. 1802-4. Christinu Lauer.

1796. John Kean, Henry Orth.

Sixth District,-Dauphin.

1806-12, Melchior Rabm. 1814-16. John Foreter.

Dauphin and Lebunon.

1818. John Sawyer. 1.22. John Harrison, rice J. An-

1820. John Andrew Shuize. -

drew Shulze, resigned.

Eighth District,-Dauphin und Lebanon.

1824. Adam Ritscher. 1.30. Jacob Stoerer.

1826. George Seltzer. 1532, Jacob Stoever.

1828. George Seltzer. 1834. John Harper.

Seventh District,-Dauphin and Lebanon.

1836. John Harper, 1-49. John Killinger.

1-38. John Killinger. 1×12. Levi Kline.

Fifteenth District,-Dauphin und Lebanon.

1959. John B. Rutherford.

1564. David Flemming.

1-61. Amos R. Bonghter.

Sixteenth District,-Dauphin and Lebanon.

1868. G. Dawson Coleman. 1.70. David Memma.

Twelfth District,-Dauphin and Lebanun. 1873. Jacob G. Heilman.

MEMBERS OF THE ASSEMBLY. UNDER THE CONSTITUTION OF 1776.

[Those in italics prior to 1814 were from what is how lebanon County.] 1785-86. Robert Clark. 17-7-8. Jacob Medley.

Adam Orth. John Carson.

David Kruuse. 1738->9. Adam Orth.

Daniel Brailley. Jacob Meiley. 1786-87. Robert Clark. John Carson.

Jacob Medley. 1759-90. James McCreight. 1

John Carson. Jacob Meiley. 1787-68. Robert Clark. John Carson.

MEMBERS OF THE HOUSE OF REPRESENTATIVES.

UNDER THE CONSTITUTION DE 1790.

1790-91. James McCreight. 1794-95. Christian King. Jucob Meiley. Jacob Weirich. John Carson. Valentine Shoulder. 1791-92. Stacy Potts. 1795-96. William Maclay. Jacob Weirich. Valentine Shower.

Jacob Meiley. John A. Hanna. 1792-93. Stacy Potts. 1796-97. William Maclay. Jacob Meiley. William Brown. Jacob Weirick, Samuel Ainsworth. 1793-94. Christian King. 1797-9>. William Jaclay. Durid Krause. Samuel Ainsworth.

1798-99. Thomas Forster. 1814-15. Jacob Bucher.

Durid Krause. James Wilson. 1799-1800. Stacy Pott4. James It. frily. 1516-17. Jacoli Bucher.

Christian Ley. James Wilson. James K. Keily.

1800-1. Stacy Potty Christin Ley. James Wilson.

1817-18. John Downey. John Rutherford, 1818-19. Isaac Sunth.

1501-2. Stacy Potts. William N. Lvine

Christian Ley. 1819-20. Simon Sallade. James Wilson. William Rutherford.

1×02-3. Stacy Potty. 1820-21. Simon Sallade.

Jacob Weirick. William Rutherford.

James Wilson. 1821-22. Thomas Smith.

1503-4. William Maclay. William Cochran.

Jucob Weirich. 1822-23. Valentine Hmmmel.

Jacob Bucher. William Cochran.

1-04-5. Edward Crouch. 1823-24 Valentine Homtel.

Jncob Weirich. William Cochran. Jacob Bucher. 1:24-45. Valentine Hummel.

1805-6. Edward Crouch. Isaac Smith.

1825-26. Moses Maclean.

Jacob Weirick. Jacob Bucher. 1806-7. James Wallare. John Audrew shulze. Jacub Bucher. 1:07-8. Jacob Bucher. James Wallace. John Andrew shulse. 1508-9 Jacob Bucher. James Wallace. Jacob Hoffman.

John Andrew schulze.

1530-31. William Rutherford.

1809-10. Jamies Wallace; Peter Shindel. Benjamin Kurtz. Christian Spayd. 1831-32. John Fox. Christian spayd.

1810-11. James Wallace. Peter Shimdel. John Funk.

Benjamin Kurtz.

1×33-34. William Ayres.

1811-12. David Ferguson. Jacob Floftman.

Valentine Shouffler. Benjamin Kurtz.

IS12-13. Am » Ellmaker.

Valentine Shouttier.

David Ferguson.

1813-14 Amos Ellmaker. Hamilton Alricks.

Peter Shindel. 1837-38. Martin Kendig. Christian Ehrman,

UNDER THE CONSTITUTION OF 183S.

1538-39, Martin Kendig. 1852. Isaac Waterbury.

Christian Chrman. Jacob Landis. IS40. Valentine Hummel. 1×53. Simon >allade.

Wilham DicClure. George T. Hummel.

1841. Benjamin Masser. 1-34. Luther Bergstresser. Samuel H Clart. John A. Stelley.

1842. William Dell. 1×55. David Mamma.

Henry Balsbaugh. John Wright.

1843. Solomon Shindle. 1856. Davil Mlnmma.

Benjamin Jordan. John Wright.

1844. John C. Kunkel. John C. Harper.

1.57. Wilhan C. A. Lawrence. Edward .J. Lanman.

1×45. John C. Kunkel. Michael Keller.

1858. William C. A. Lawrence. Edward J. Lauman.

1846. Jane- Fox. Theodore Gratz.

1859. William C. A Lawrence. Murks D. Whitman.

1847. James Fux. Theodore Gratz.

1860. Williamn Clark. Lewis Heck.

1:48. Thomas Pubcan. John B hutherford.

Thomas G. Fox.

1-49. Thomas Pgacan. John B. Rutherford.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of the counties of Dauphin and Lebanon : in the commonwealth of Pennsylvania ; biographical and genealogical, Part 72

Author: Egle, William Henry, 1830-1901 Publication date: 1883 Publisher: Philadelphia : Everts & Peck Number of Pages: 1046

Author: Egle, William Henry, 1830-1901
Publication date: 1883
Publisher: Philadelphia : Everts & Peck
Number of Pages: 1046