USA > Pennsylvania > Lehigh County > History of the counties of Lehigh and Carbon, in the commonwealth of Pennsylvania. Pt. 1 > Part 12
USA > Pennsylvania > Carbon County > History of the counties of Lehigh and Carbon, in the commonwealth of Pennsylvania. Pt. 1 > Part 12
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a township. What its precise boundaries were is not known.1
Location of the County-Seat .- Section 9 of the organizing act of March 6, 1812, authorized and re- quired the Governor, on or before the 1st day of May following, to appoint three discreet and disinterested persons, non-residents in the county of Northampton, nor holding real property therein, whose duty it should be to fix upon a proper and convenient site for a court house, prison, and county-offices within the county of Lehigh, and as near its centre as the situa- tion would admit. It was provided that these com- missioners, or a majority of them, should, on or before the 1st of July, make a written report to the Governor in which they should certify and describe the site or lot of land they had chosen. Commissioners were also appointed to take possession of the property, and to assess, levy, and collect moneys for that purpose. It does not appear that a site was selected within the time specified by the act, as no purchase was made Nov. 19, 1812. Upon that date William Tilghman (in his own right and by virtue of powers vested in him by an act of the General Assembly passed April 11, 1799, entitled " An Act for the benefit of Elizabeth Allen and Elizabeth Margaret Tilghman") sold to William Fenstermacher, John Yeakel, and Abraham Gresheimer, commissioners of Lehigh County, "in consideration of one hundred dollars lawful money and for other causes, two certain lots or parcels of ground adjoining each other, situate on the northwest corner of Hamilton and Margaret (now Fifth ) Streets, in the borough of Northampton." These lots are one hundred and twenty feet in width by two hundred and twenty- five feet in depth on Fifth Street. The deed further specified that the lots were transferred to the commissioners, "to be by them held for the use and benefit of the people of the county, and for the pur- pose of erecting and building a court-house thercon, and such other public offices as may be deemed neces- sary for the said county of Lehigh." It was provided that the commissioners should " yield and pay there- for yearly, on the 1st day of January in every year, forever, the sum of four dollars lawful money to the party of the first part during his life," and after his death to Margaret Elizabeth Tilghman, her heirs and assigns, forever ; "and the said party of the first part, for himself, his heirs, executors, and administrators, hereby covenants with the said party of the second part and their snecessors in office forever, that no part of the said yearly rent shall ever be demanded or received by the said party of the first part, his heirs, executors, administrators, or assigns, or by any other person or persons lawfully claiming or to claim under him or
1 As no history of this township is given elsewhere in this volume, we present here a list of the justices of the peace elected in Northampton from 1840 to 1852 (Those prior to The former year being given under the head of District No. 7 in the county civil list). They were as follows : hrob Albright, 180; Jonathan D. Mecker, 1812; James M. Wilson,
44
HISTORY OF LEHIGH COUNTY, PENNSYLVANIA.
them, or by the said Elizabeth Margaret Tilghman, her heirs or assigns, or any person or persons lawfully elaiming or to claim under her or them; and that in case the said Elizabeth Margaret Tilghman, her heirs or assigns, shall not execute a release of the said yearly rent so as to extinguish the sante, then the heirs, executors, and administrators of the said party of the first part shall and will pay the said rent forever, and keep and preserve the said parties of the second part and their successors in office, and the said County of Lehigh forever indemnified from the payment of the said rent or any part thereof, and all costs and charges to be incurred on account of the same."
On the same date as the above-Nov. 19, 1812 -- a lot sixty by two hundred and thirty feet, on the south- east corner of Margaret and Andrew Streets ( Fifth and Linden), was transferred for a nominal sum to the commissioners to serve as a site for the county jail. The deed sets forth that this lot was bought by Wil- liam Fenstermacher, John Yeakel, and Abraham Gresheimer, commissioners of Lehigh County, from Henry Pratt, Thomas W. Francis, John Ashley, Thomas Astley, and Abraham Knitzing, of Phila- delphia, merchants, by their attorney, William Tilgh- man, in compliance with a request by Ann Penn Greenleaf, wife of James Greenleaf, now resident in the borough of Northampton.
An effort was made to secure the location of the county seat at Millerstown, now Macungie borough, and another to have the public buildings placed upon Market Square in Allentown. The Republikaner, in a contemporaneous issue, says that a bill was pre- sented to the Legislature in reference to the latter location, but was not called up. Another bill, peti- tioning the appointment of commissioners, was called up on the 1st of April, 1814, and rejected by the vote of the Speaker. In the mean time, the jail had been built upon the lot secured for the purpose, and the county commissioners had advertised on Jan. 7, 1813, for contracts for the furnishing of stone, lumber, and other material with which to build a court-house.
Organization of the Courts,'. The set by which Lehigh County was created provided and declared " That the inhabitants . . . be entitled to and shall at all times hereafter have all and singular the courts, jurisdictions, officers, rights, and privileges to which
! The Third Judicial District, of which Lehigh, upon its erection in 1812, became a part, was created April 13, 1791, and was composed of the counties of Berks, Northampton, Luzerne, and Northumberland. Jacob Rush was its first president judge, and was succeeded by John Sprayd it 1806. Robert Porter was elected in 1809, and was upon the bench when Lehigh County was organized. In 1831, Garrick Mallory was elected, and he was succeeded by John Banks, in 1836. The original district remained unchanged until April 14, 1834, when the State was redis- tricted, and Berks, Northampton, und Lehigh Counties were made to compose the Third District. On April 5, 1819, Berks County was de- tached nud organized as the Twenty third District. Northampton and Lehigh remained the Third until the State was again redistricted by act of Assembly, April 9, 1874, when Lehigh became the Thirty-first. District, as it still remains.
the inhabitants of other comities of this State are entitled by the Constitution and laws of this Com- monwealth," and "that from and after the third Monday in December next the Courts of Common Pleas and of General Quarter Sessions, in and for the County of Lehigh, , shall be opened and held at the house now occupied by George Savitz," in the borough of Northampton (Allentown), in the said county of Lehigh, until a Court House shall be erected in and for said county."
Under this authority the first term of court was opened. The following is from the court record :
" December the 21st, 1812. This being the day on which the several courts of Common Pleas, of the Quarter Sessions, of Oyer and Terminer and General Jail Delivery, and of the Orphans' Court in and for the County of Lehigh, were to be opened, the Judges of the said Courts appeared at the house of George Savitz, in the Borough of Northampton, that being the House designated by law for holding the Courts, when the Honorable Robert Porter, Esquire, produced a Connmission under the great Seal of the State, dated the - day of -, A.D. 1812, appointing him Presi- dent Judge of the said Courts.
"Peter Rhoads, Esquire, produced a commission under the great seal of the State dated the 13th of October, A.D. 1812, appointing him Senior Associate Judge of the said Courts, and Jonas Hartzell, Esquire, produced a Commission under the great seal of the State, dated the 13th of October, A.D. 1812, appoint- ing him an Associate Judge of the said Courts."
" John Mulhallon produced a commission from the State appointing him Prothonotary of Court of Com- mon Pleas, Clerk of Courts of Oyer and Terminer and General Term Delivery, Clerk of Court of Quarter Ses- sions and Orphans' Court, bearing date July 23d, A.D. 1812."
The grand inquest was composed as follows :
George Rhoads, Esq., Allentown.
Daniel Sieger, Esq., Lynn.
Frederick Jordan, Esq., Saucon.
Daniel Cooper, Esq., Sancon.
John Sehuler, Esq., Upper Milford.
Peter Moyer, farmer, South Whitehall.
Abram Dorney, farmer, South Whitehall.
George Ebenreiter, farmer, Hanover.
Solomon Graff, distiller, North Whitehall.
Christian Smith, farmer, Heidelberg.
Andrew Strassburger, tanner, Upper Milford.
David Biery, farmer, South Whitehall.
John Keek, farmer, Heidelberg. John Bare, hatter, Upper Milford.
Joseph Kidd, farmer, Hanover.
Godfrey Roth, farmer, Heidelberg.
Abraham Gruenewalt, miller, Weissenberg.
John Engleman, farmer, Upper Milford.
" This was what is now the Allen Honse, then a two-story stone struc- ture, about and above which the present large hotel has slowly grown.
2
1
CIVIL HISTORY OF LEHIGH COUNTY.
Jacob Grim, farmer, Macungie.
George Small, farmer, North Whitehall.
George Eisenhard, surveyor, Macungie.
Joseph Larosh, farmer, Heidelberg.
Commissioner's salary, November 20 to Jannary 1 ..
55.91
Quarry stone for prison.
67.21
$368.82
The county accounts were audited by John Wagner, Frederick Hyneman, and George S. Eisenhard.
In 1813 the receipts of the county from all sources were $15,448.30. Of this sum, $1558.66 represented the balance at the previous settlement, and the amount paid in by Judge Tilghman on his promised' donation. The sum of $13,254.56 was collected in taxes out of $16,772.60 assessed on the inhabitants and estates, and $3.90 was paid in by Peter Hauck as sheriff's fees. At the close of the year there was a balance in the county treasury of $6693.80. The auditors were John Weiss, John Spangenberg, and George S. Eisenhard.
In 1814 the total receipts were $18,325.91, and in 1815, $15,050.89. The auditors in those years were William Eckert, Heury Haas, and Henry Mohr.
In 1816 the total receipts were $17,214.05. This year, for the first time, bank loans were made for county purposes, the first being one of 82176.53 from the Easton Bank.
Court-House and Jail .- As we have heretofore re- lated, the first courts were held in George Savitz', hotel, a small building, which was the nucleus of the Allen House, and the succeeding ones for several case was brought before them,-the appointment of a . years in the jail or county prison building. The first guardian of a minor child.
The records in the register's office show that wills were recorded from the 13th of September, 1812. Those of the following persons were recorded in that year : Daniel Schmeiers, of Macungie township, dated July 28, 1812; John Newcomer, of Upper Saucon township, dated Aug. 22, 1805; Matthias Brobst, of Lynn township, dated Ang. 12, 1805 ; Christian Weid- enstein, of Macungie township, dated June 15, 1806; Barbara Jenser, of Weissenberg township, dated Jan- uary, 1810.
--
Letters of administration were granted in 1812 upon the estates of John Quarry, Adam Ruber, Christian Strump, and Adam Wetzell.
Early Financial Affairs of the County .- At the time of the formation of the county, William Tilgh- man, one of the proprietors of Northampton ( Allen- town) pledged himself to pay one thousand dollars annually for three successive years into the treasury of the county. He made the first payment Nov. 28, ; 1812, and it served an important part in meeting the expenses which the commissioners were obliged to incur. The total expenses of the county up to Jan. 1, 1813, were three hundred and sixty-eight dollars and eighty-two cents, leaving six hundred and thirty- one dollars and eighteen cents in the treasury. The | cost of the bell, $775.80, incurred in 1817. a total of expenditures were as follows:
G. Stahler, for election expenses at Millerstown.
$34.80
J. Mummy,
Grim's District.
37.20
A. Shifferstein, 66
Saeger's District. 1.1.20
F. B. Shaw,
Allentown District 49.50
G. Kramer, commissioner on seat of justice .... George Savitz, rent of rooms for court ...
50.00
50.00
John Keiper, tobacconist, Allentown.
Christian Smith, farmer, Lowhill.
The first business of the court was the admission of i attorneys. In the first thirteen cases that were called confessions of judgment were entered. There were altogether nineteen eivil causes for trial. Eight cases were made returnable at the February term, 1813. Three petitions for roads were received, and one pray- ing for the appointment of a commissioner to examine a person of alleged unsound mind. Three persons made declaration of their intention to become citi- zens.
On Nov. 30, 1813, court was opened at the house of George Savitz, but adjourned to meet in the upper story of the prison building (which was completed a short time before, and stood on lot No. 122, at the southeast corner of Margaret and Andrew Streets,- Fifth and Linden). The courts were held at this place until the summer of 1817, when the court-house was finished, since which time they have been held in that building (hereafter to be described) down to the present, with the exception of two terms in 1864, when the court-house was being remodeled.
The first record of the Orphans' Court of Lehigh County is dated Dec. 7, 1812, at which time a term of court was held by the associate justices, the IIon. Peter Rhoads and the Hon. Jonas Hartzell. But one
action in reference to the erection of the court-house of which any record has been preserved was the in- sertion in the German newspapers of Allentown of an advertisement, bearing date of Jan. 7, 1814, calling for proposals for furnishing stone, lumber, shingles, 'and other material for the erection of the proposed building. The commissioners whose name - were af- fixed to this card were William Fenstermacher, Philip Kleckner, and John Yeakel. In addition to the funds provided by taxation, a number of the inhabitants of Allentown had subscribed various sum- for assisting in the work of erecting the public buildings. The treasurer's account for 1815 shows that three hundred dollars was received from William Tilghman for James Greenleaf for that purpose, and also a balance of money subscribed by the proprietors of the bor- ough amounting to $141.34.
John Yeakel having visited Lycoming County and secured a plan of the court-house there, it was made the basis of design for the Lehigh County building. Work was immediately begun on the court-house, and it appears that during the year 1814 the money ex- pended amounted to $6911.98. During the next year the aggregate of the itemized account was $8989.85, and in 1816 it was 81852.68, thus making, with the | $18,530.31. Other improvements were made about
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10
HISTORY OF LEHIGH COUNTY, PENNSYLVANIA.
the Imibling, and grounds which, as is shown by the conmutationers' account for April, 1819, increased the grand total to $24,937.08. Court was held in the new building for the first time in August, 1817.
The court-house remained in its original condition, with occasional repairs, until 1864. At the Novem- ber term of court in the preceding year the grand jury reported the "court-room entirely too small and inconvenient for the administration of justice, and are of opinion that by building an addition of about thirty feet to the north side thereof in proportion with the old building would make the court-room large enough, and would therefore recommend that the commissioners of the county would enlarge said court-
COUNTY COURT-HOUSE, ALLENTOWN, PA.
room by making said addition to the same as afore- said, the cost of which not to exceed the sum of three thousand dollars; or in case the cost of said attach- ment should exceed said sum of three thousand dol- lars, that such excess will be made up by private sub- scription.
" Approved Nov. 6, 1863. "Reuben Stahler, " Foreman." :
Publication of the above recommendation was made in the newspapers, and no exception being taken, the report of the grand jury was approved by the court Jan. 14, 1864, and the commissioners were advised to immediately commenee improvements.
Accordingly, they advertised for proposals for furnish- ing stone with which to build. On the last of Febru- ary, E. Culver, architect, of Williamsport, met the commissioners, and presented drafts and specifica- tions, which were accepted, and on the same date an agreement was entered into with Heury Smith for the mason-work. Work was eommeneed April 17th, and prosecuted as expeditiously as was consistent with thoroughness. On the 10th of November the court was held in the enlarged room, which, however, was not finished, and the trial of William Keck for mnr- der was conducted at that term.
The cost of the enlargement and improvement of the building, and the proper furnishing of the court- room and offices, which alone was four thousand dollars, amounted to $57,235.86. This expenditure resulted in giving Le- high County a large, substantial, con- veniently arranged, and tasteful court- house, which is in every respect adequate to the needs of the public. The court- room is unusually large, and the offices of the prothonotary, treasurer, recorder, register, Orphans' Court, and sheriff are all ample for the purposes they serve, and are provided with excellent vaults and safes for the preservation of the county records.
The erection of the first jail antedated by nearly four years the building of the court-house. Active work was com- meneed upon it in the spring of 1813, and by fall had progressed so far that the commissioners ordered the upper room to be prepared for occupation by the courts, which was done, so that the November term of Quarter Sessions was held there. The room was used for this purpose until the completion of the court- house, in 1817. This building, which eost only a little over eight thousand four hundred and twenty dollars, was used as a jail until the present elaborate and imposing structure was in readiness, in 1869.
The first action was taken in reference to the new jail in 1865, the grand jury at the September terin of court reporting :
"That in accordance with the suggestions of the court they have ex- amined the county prison, and are unanimously of the opinion that the true interest of the county, and the duty of those who represent the people of the county, requires That a new jail should be orected as soon ns consistent with our financial condition. We therefore recommend and direct the county commissioners to commence the erection of a county prison some time in the year 1867, having a due regard to the wants of the county and the interests of the people,
" By order of The Grand Inquest. " LEVE LINE, Foreman."
The grand inquest at the October term, the same year (1865), reported, "That in accordance with sug-
.. .
47
CIVIL HISTORY OF LEHIGH COUNTY.
gestions of the court they have visited and examined the jail of said county, and find the same, in their opinion, quite inadequate to answer the purpose for which it is designed, it being too small and too badly arranged, and also too insecurely built to accommo- date and keep safe the number of prisoners generally confined therein, and having examined a report on the same subject made by the grand inquest at the last preceding session, and having duly considered the premises, we beg leave to state that we fully concur therewith, and recommend the building of a new jail under the conditions set forth in said re- port."
After duc publication of the recommendations given above and no exceptions being taken, the court ap- proved of the report of the grand jury, and recom- mended the commissioners to proceed to the selection of a site and the crection of a new jail. On the 14th of March, 1866, the present site, two hundred and thirty fect on Fourth Street and four hundred and twenty feet on Linden, bounded by the street named and Court and Penn Alleys, was purchased of Chris- tian Pretz and others for ten thousand dollars.
At a meeting of the commissioners, held Dec. 3, 1866, it was resolved that the commissioners, the clerk, and Mr. G. A. Aschbach visit Schuylkill and other counties to examine their prisons. On the 10th of December they reported that they had visited the prisons of Schuylkill and Berks Counties, and Mr. Aschbach was instructed to draw plans embodying the most desirable features in the structures they had seen.
On the 3d of April, 1867, it was resolved that a jail or penitentiary should be erected on the ground al- ready purchased, " in accordance with the plans of Messrs. Aschbach and Nauman, who are appointed architects and engineers, and which plans have been approved by the secretary of the commonwealth."
Work was then immediately commenced. No con- traets were made, but all of the labor was performed by the day, that npon the wood-work being under the superintendence of Stephen Donblazer and James Focht, The stone used in the building, with the ex- ception of that in the front, was from the quarry of Nathan Benner, in Salisbury township.
On April 16, 1868, the commissioners resolved to sell the old jail lot at public sale on June 6th follow- ing, possession to be given on April 1, 1869, or as soon thereafter as the new jail was ready for occu- pancy. Early in April, 1869, the new jail having re- ceived completion, a bill was passed by the Legis- lature authorizing the transfer of prisoners to it from the old one. The transfer was made April 14th.
The building was not entirely finished until 1870. The last report of Mr. Aschbach, bearing date of Dec. 12th in that year, contained a statement of the amounts expended upon the work each year, as follows : 1867, $68,653.78; 1868, 863,627.42; 1869, $38,963.62; 1870, $9800.89; 1871, $8349. If to the aggregate of these
amounts the sum of $10,000 expended in 1866 for the lots and $9094.25 in 1869 for a heavy iron fence be added, it will be seen that the total cost of the prison was $200,222.95.
The jail is a model one in all respects. It is a massive and substantial-appearing structure in the Tudor style of architecture, and the sombre brown or dark-red sandstone of its front gives, in combination with its outlines, an impression of gloomy grandeur. A square tower rises from the centre of the front to a height of one hundred feet. It is embattled at the top with heavy embrasures. The building is two stories in height, and the long structure extending back from the front, in which is the prison-keeper's residence, gives the building the form of a letter T. The length of the side walls is one hundred and sev- enty-eight feet, and they are built of the Lehigh mountain stone, which, it has been remarked, came from Mr. Benner's quarry. The prison contains forty cells.
County Provision for the Poor .- A project for the establishment of a " House of Employment and Support for the Poor of Lehigh County" was set on foot as early as 1831. The Legislature was petitioned to pass a bill authorizing the people of the county to vote upon the question of opening such an institution, but there arose quite a strong opposition to the meas- ure, which was expressed in numerous remonstrances, and the bill was not passed until April 11, 1844. At the next October election the people voted "Poor- House-Yes" or "Poor-House-No," according to their individual preferences, and with the result of twelve hundred majority in favor of providing an asylum for the indigent at the expense of the county. Accordingly, the commissioners, twenty-eight in num- ber, named in and appointed by the act to select and purchase land on which to erect the necessary build- ings, assembled in Allentown on Oct. 28, 1844, for the purpose of effecting an organization. Lewis Schmidt was appointed chairman, and Michael D. Eberhard secretary. A committee of eight was appointed to re- ceive proposals for a suitable farm. Thirty propertie- were offered before the next meeting was held, on December 4th. The full board of commissioners met in the court-house and voted on the different farms offered. The properties of Charles and Solomon Mertz being proven the choice of a large majority of the commissioners, twenty-two of whom had voted for its purchase, a committee of four was appointed to have it surveyed and negotiate the purchase. It was found to contain two hundred and fifty-four aeres, and the price paid for it was 827.662.32.
The Board of Poor Directors met in Allentown on March 28, 1845, for organization, and at their second meeting, April 7th, received reports from the different districts in regard to the number of paupers in them. Allentown reported 44; Upper Macungie, 17; Lower Macungie, 11 ; Upper Sancon, 11 ; Salisbury, 3; Sonth Whitehall, 6; North Whitehall, 15; Weissenberg, 1;
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48
HISTORY OF LEHIGH COUNTY, PENNSYLVANIA.
Lowhill, 5; Hanover, 7; and Upper Milford, 25; making a total of 145, with three townships-Lynn, Heidelberg, and Northampton-not heard from.
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