USA > Pennsylvania > Berks County > School history of Berks County in Pennsylvania : by Morton L. Montgomery > Part 3
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18
.
37
ERECTION OF COUNTY.
CHAPTER IV.
ERECTION OF COUNTY AND ITS SUBDIVISION.
Erection of County .- After this section of Penn- sylvania had become sufficiently populous, the set- tlers concluded to organize a county, so that they would have a county-seat near by, to enable them to transact more conveniently business relating to themselves and their property. The territory lying east of the Schuylkill River was a part of Phila- delphia County, and that lying west of the river was a part of Lancaster County, excepting a small portion which was of Chester County. The county-seat of the former part was at Philadelphia, distant from the settlements from 40 to 75 miles ; and the county-seat of the latter part was at Lan- caster, distant fromn 25 to 50 miles. The first effort in this behalf was made in 1738, by applying to the Assembly of Pennsylvania. Repeated applications were made at subsequent sessions of the Assembly during a period of fourteen years. The county was finally erected on March II, 1752; and afterward the boundary lines were established by commis- sioners, who were appointed by the Assembly. It was the seventh county organized in the State. The previous counties were :
Bucks I682 Philadelphia . 1682 - York
Chester 1682
- . · 1749 Lancaster . . 1729 Cumberland . 1750
38
SCHOOL HISTORY OF BERKS COUNTY.
Area .- As originally erected, the territory of the county extended to the northern line of the State ; but it was reduced by the erection of Northumber- land County in 1773, and of Schuylkill County in 18II. Its area since 1811 has been 900 square miles or 576,000 acres.
Name .- The county was called "Berks," after Berkshire in England, the home of William Penn, who at one time owned all the land included within its boundaries. In 1681, he had obtained from King Charles II. a charter for the entire Province of Pennsylvania.
Subdivision .- The boundary lines of the county form a figure somewhat like a diamond. The Schuylkill separates the county into two divisions; the eastern division contains 300,000 acres, and the western 276,000 acres. These divisions are each capable of a subdivision into two sections; and these several sections take their names from the streams which drain their areas. They are :
Eastern Division. Western Division.
Manatawny Section.
Ontelaunee Section.
Tulpehocken Section. Schuylkill Section.
Each of these sections had distinctive settlements. Townships were then organized according to the growth of population and the demand for conveni- ent local government; and in certain localities, after the population had become considerable, bor- oughs were established for a higher order of gov- ernment; and one of the boroughs was, in course of time, advanced into a city.
ERECTION OF COUNTY.
39
These several districts are as follows :
TOWNSHIPS-43. East of Schuylkill-24.
MANATAWNY SECTION-15.
ONTELAUNEE SECTION-9.
Alsace.
Albany.
Alsace, Lower.
Greenwich.
Amity.
Longswamp.
Colebrookdale.
Maiden-creek.
District.
Manatawny.
Douglass.
Ontelaunee.
Earl.
Perry.
Exeter.
Richmond.
Hereford.
Windsor.
Muhlenberg.
Oley.
Pike.
Rockland.
Ruscomb-manor.
Washington.
West of Schuylkill-19.
TULPEHOCKEN SECTION-13.
Bern-
Bern. Bern, Upper.
Centre.
Robeson.
Penn.
Tilden.
Bethel.
Heidelberg- Heidelberg. Heidelberg, Lower. Heidelberg, North.
Tulpehocken- Tulpehocken. Tulpehocken, Upper. Jefferson. Marion.
SCHUYLKILL SECTION-6.
Brecknock.
Caernarvon. Cumru.
Spring. Union.
-
40
SCHOOL HISTORY OF BERKS COUNTY.
TOWNS-100.
Scattered throughout the county in the several townships, there are numerous small towns not lim- ited in area by boundary lines, numbering altogether 100; of which 70 have been named after early set- tlers, and 30 after places. Lying to the east of the Schuylkill there are 69, and to the west 31. Post- offices have been established at most of them.
BOROUGHS-IO.
East of Schuylkill.
Erected.
West of Schuylkill.
Erected.
Boyertown
1866
Bernville 1851
Fleetwood
1873
Birdsboro'
1872
Hamburg
1837
Centreport 1884
Kutztown
1815
Womelsdorf
· 1833
Lenhartsville
1887
Topton
, 1875
CITY. Reading.
Laid out as town . . . 1748 Erected into borough . . 1783
Erected into township . 1760
Erected into city . 1847
41
GOVERNMENT.
4
CHAPTER V.
GOVERNMENT.
Privileges .- By the erection of this territory into a county, the inhabitants became entitled to certain privileges, such as local courts, offices, etc., and to representation in the Assembly. By local courts, they were enabled to conduct proceedings at law, settle up estates, establish new districts, and lay out roads; and by representation in the Assembly, to participate in the enactment of laws for the govern- ment of the State. Originally, a county was the district of territory under the control of a count. But in Pennsylvania there have been no persons of title. Hence, in a free country, a county is a dis- trict of territory set apart and organized for con- venient local government.
Local Officers .- The elective officers of the county comprise judges, commissioners, treasurer, auditors, register, recorder, prothonotary, clerk of the Quarter Sessions, district attorney, sheriff, coroner, poor di- rectors, prison inspectors, county surveyor, and jury commissioners. They are elected by the resident tax-payers at stated periods for terms fixed by law- the judges for ten years, the treasurer for two years, and the others for three years. Through these several officers, all the general affairs of the county
42
SCHOOL HISTORY OF BERKS COUNTY.
are conducted for the order and welfare of the people.
Judges .- The judges determine all matters in dispute between parties, and protect the people in the enjoyment of their rights of person and property. This is done mostly by trial before a jury of twelve men, selected from the tax-payers. They also issue writs for the sale of property and the collection of debts, grant licenses for the sale of liquor, order new roads to be laid out and new districts to be established, adjudicate the settle- ment and distribution of estates, and count the returns of gen- eral elections.
The Judicial affairs of Pennsylvania are under a uniform sys- tem. The Legislature divides the State into districts and ap- portions them to counties according to population. The last division was made in 1883, whereby 49 districts were established, and Berks County was designated as the 23d. The judges were appointed by the Governor from 1791 to 1851 ; and elected since 1851. The highest court in the State is the Supreme Court, to which matters in litigation can be carried by writ of error or appeal. The court consists of seven Justices.
Berks County had Justices from 1752 to 1791, then a President Judge and Associate Judges from 1791 to 1869, when it was given also an Additional Law Judge ; and in 1883 an Orphans' Court Judge. The Constitution of 1873 abolished the office of Asso- ciate Judge in counties forming separate districts. This county has been a separate district since 1849. It has now three judges ; two for matters arising in the Courts of Common Pleas and Quarter Sessions, and one for matters arising in the Orphans' Court. The jurisdiction of the several courts is limited to the county. The following law judges officiated :
Appointed.
Term.
Elected. Term.
Jacob Rush
1791-1805
John Spayd . 1806-09
Robert Porter . 1810-32
Garrick Mallery 1833-35
Augustus S. Sassaman 1876-86
John Banks . 1836-46
James N. Ermentrout t . . . . 1887-
J. Pringle Jones 1847-48
David F. Gordon
1849-51
Henry Van Reed 1869,* 1875*
J. Pringle Jones 1851-61
Warren J. Woodward . I861-74
Jeremiah Hagenmant 1869-
Hiram H. Schwartz + . . 1883-
* Appointed by Governor until office filled by election.
: + Now in office.
43
GOVERNMENT.
Commissioners .- The commissioners are three in number. They manage the general affairs of the county, attend to the assessment of property-both real and personal-in the county, construct the necessary public buildings, estimate the probable annual expense, fix the tax-rate, and collect the taxes from the tax-payers. The assessment is made by "assessors," and the taxes are collected by " collectors," the former being elected by the tax-payers of each district, and the latter appointed by the commissioners from the lowest responsible bidders. The ex- pense incurred is paid by orders drawn by them on the treas- urer. They appoint annually a solicitor, clerk, and mercantile appraiser.
Treasurer .- The treasurer receives all the moneys belonging to the county, and pays out the same on orders drawn upon him.
Auditors .- The auditors are three in number. They examine all the accounts relating to the expenditure of money for the county.
Register .- The register has the custody of last wills of de- ceased persons, and inventories and accounts in the settle- ment of estates; and appoints executors and administrators. He is also the clerk of the Orphans' Court.
Recorder .- The recorder has the custody of the records in which have been recorded the deeds, transferring title to land in the county ; also mortgages and miscellaneous agreements, releases, charters of incorporation, and commissions of officials.
Prothonotary .- The prothonotary is the clerk of the Court of Common Pleas, and as such has the custody of all papers filed in his office, and of all records relating to litigation, and of all general election returns.
Clerk of Quarter Sessions .- The clerk of the Court of Quar- ter Sessions has the custody of all papers relating to roads, licenses for the sale of liquor, and criminal prosecutions.
District Attorney .- The district attorney prosecutes com- plaints against offenders arrested for crimes and misdemeanors alleged to have been committed in the county.
Sheriff .- The sheriff is the officer who executes the writs and mandates of the several courts.
Coroner .- The coroner investigates the death of all persons which arises from an unnatural cause through violence or otherwise.
44
SCHOOL HISTORY OF BERKS COUNTY.
Poor Directors .- The poor directors are three in number. They look after the poor people of the county who are unable to care for themselves, and they make provision for their sup- port and comfort. The expense is paid by orders drawn upon the treasurer. The poor-house was established by special en- actment in 1824, and has been maintained since then at the public expense. It comprises a large farm in Cumru town- ship, with the necessary buildings erected at great cost. This feature of our local government reflects much credit upon the charity and liberality of the people.
Prison Inspectors .- The prison inspectors are nine in number. Before 1848 the county commissioners conducted the prison, which then stood on the northeast corner of 5th and Washing- ton Streets. The sheriff was the keeper, and he had his resi- dence in the building. But in 1848, a law was passed establish- ing a Prison Board, and authorizing them to conduct the prison affairs. The keeper is a warden elected by the inspectors an- nually.
County Surveyor .- Before 1850, this county officer was ap- pointed by the surveyor-general of the State to assist in making surveys of land in the county, particularly of land remaining unseated, and he was called a deputy. Since 1850, he has been elected for a term of three years. His duties pertain to the es- tablishment of lines and the measurement of tracts of land in the county upon request of the owner.
Jury Commissioners. - The jury commissioners are two in number. They select the men who are to serve as jurors, tak- ing them from all the districts in the county. They have been elected since 1867. Previously, the county commissioners and . sheriff selected the jurors.
State Representatives .- For affairs relating to the State of Pennsylvania, the enactment of laws for the government of the people, and the regulation of matters in the State, the county is entitled to representation in the Assembly-one Senator and five Representatives. The former is elected for a term of four years, and the latter for two years.
45
GOVERNMENT.
In 1883, the county was divided into two districts for representatives, Reading having been made one district and given the right to elect two members, and the remainder of the county the other and given the right to elect four members. In 1887 the num- ber was reduced to five; two members given to Reading and three to the remainder of the county.
National Representatives .- For affairs relating to the United States and the people of the entire country, the county is entitled to representation in Congress. The Representative is elected for two years, and is called a Congressman. From 1832 to 1888, Berks County was a Congressional district by itself, and, as such, entitled to a Representative. In 1888, Berks and Lehigh Counties became a district. Congress apportions the whole number of Represen- tatives amongst the several States according to the population at each census taken every ten years, and the State Legislatures create the Congressional districts according to the number apportioned to their respective States.
The Representatives in Congress for Berks County from 1789 till 1889 were the following persons : Daniel Hiester, Joseph Hiester, Matthias Reichert, John M. Hyneman, Daniel Udree, Ludwig Worman, William Addams, Henry A. Muhlenberg, George M. Keim, John Ritter, William Strong, J. Glancy Jones, Henry A. Muhlenberg, Jr., William H. Keim, John Schwartz, Jacob K. McKenty, Sydenham E. Ancona, J. Lawrence Getz, Hiester Clymer, Daniel Ermentrout.
David B. Brunner was the first Congressman elected to repre- sent this district, comprising Berks and Lehigh Counties, and in the beginning of the second century. All have been resi- dents of Berks County, notwithstanding before 1832 the district included other counties.
46
SCHOOL HISTORY OF BERKS COUNTY.
The following in the list named became prominent in politi- cal positions of the State and Nation :
Joseph Hiester, Governor of Pennsylvania.
Henry A. Muhlenberg, ambassador to Austria.
William Strong, associate justice on Supreme Bench of United States.
J. Glancy Jones, ambassador to Austria.
Declaration of Independence .- The people of this country, for over one hundred years before 1776, were under the government of Great Britain. Owing to the imposition of taxes without repre- sentation, they forwarded petitions to the King for relief, but their complaints were ignored. Their feelings of opposition grew stronger and stronger, from 1765 during the next ten years, until they finally culminated in the "Declaration of Inde- pendence," which was published at Philadelphia on July 4, 1776. This remarkable declaration of principles was framed by delegates or representa- tives from the thirteen colonies, which then included all the inhabited parts of the country. There were nine delegates from Pennsylvania. The colonies were :
New Hampshire.
Delaware.
Massachusetts.
Maryland.
Rhode Island.
Virginia.
Connecticut.
North Carolina.
New York.
South Carolina.
New Jersey.
Georgia.
Pennsylvania.
Constitution of the United States .- While the Declaration was being framed, steps were taken to establish a constitutional government. "Articles
47
GOVERNMENT.
of Confederation " were prepared by a committee, consisting of a member from each colony ; and these were reported July 12, 1776. After full considera- tion, they were adopted by Congress on November 15, 1777, and subsequently ratified by the States. Pennsylvania and seven other States ratified them on July 9, 1778 ; and Congress assembled under this new form of government on March 2, 1781. It consisted of thirteen articles, and the name therein given to the confederacy was-"The United States of America ;" a firm league of friendship was entered into by the States for their common de- fence, for the security of their liberties, and for mutual and general welfare ; and the powers and duties of the general government and of the several States were prescribed.
The people soon found that this plan of govern- ment was not sufficient. They therefore caused a convention to assemble for the purpose of supply- ing an improved plan, and the result of its labors was a Constitution, dated September 17, 1787; which was adopted by a majority of the States, and then became the law of the land. Pennsylvania was the second State to ratify it, December 12, 1787 ; Delaware was the first, December 7, 1787. The preamble states the purpose as follows :
We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessing of liberty to ourselves and our poster- ity, do ordain and establish this Constitution for the United States of America.
The Constitution, briefly stated, established a
48
SCHOOL HISTORY OF BERKS COUNTY.
Congress, to consist of a Senate and House of Rep- resentatives, and prescribed its powers and duties in respect to legislation; vested the executive power in a President and fixed the mode of his election and the extent of his powers and duties ; established a judiciary, to consist of a Supreme Court and such inferior courts as Congress might create, for the purpose of adjudicating all cases which arose under the Constitution, laws, and treat- ies of the country or between parties, whether States or individuals; recognized the public acts, records, and proceedings of the several States, and the privi- leges and immunities of their citizens; provided for amendment of its several provisions; and made it the supreme law of the land. Fifteen amend- ments were made until 1869, the first ten having been proposed by Congress at its first session in 1789, which are generally recognized as the "Dec- laration of Rights."
The general government under this Constitution can only exercise such powers as have been given to it by the States; but the several States can exer- cise all powers not specially prohibited. This Constitution, with its amendments, is still the fundamental law of our country. The Centen- nial of Constitutional Government was grandly celebrated at Philadelphia on September 15, 16, and 17, 1887.
National Legislature .- The National Legislature is called Congress. It has two bodies, called the Senate and the House. The Senate has two Senators from each State in the Union, and the
49
GOVERNMENT.
House has Representatives from each State appor- tioned according to population. The Union com- prises 38 States. *
Constitution of Pennsylvania .- The Continental Congress passed a resolution on May 15, 1776, calling upon the respective Assemblies of the United Colo- nies "to adopt such government as shall in the opinion of the representatives of the people best conduce to the happiness and safety of their con- stituents in particular and America in general;" and in pursuance thereof a conference was held in "Carpenter's Hall," at Philadelphia, on June 18, 1776, which was attended by representatives from all the counties of the Province, then eleven in number. Ten representatives were from Berks County. This conference decided that a conven- tion should meet on July 15, 1776, for the express purpose of "formning a new government in this Province on the authority of the people only ;" fixed the qualifications of electors, the number of representatives from each county, and the time of their election; ordered an address to the people ; and agreed upon a "Declaration of Independence." On the day named the convention assembled, com- posed of delegates from each county-eight from Berks County.
A Constitution was agreed upon on September 28, 1776, which comprised a Preamble, Declaration of Rights, and Frame of Government, whereby the rights of the people were recognized and their
* Proceedings have been instituted to establish four new States.
4
-
50
SCHOOL HISTORY OF BERKS COUNTY.
privileges established, and the power and duties of the government in its several branches, legislative, executive, and judicial, were prescribed. The leg- islative branch was vested in a INDEPENDE House of Rep- resentatives, and was known as the General Assembly. A second Consti- tution was adopted in 1790, which was prepared by a conven- tion of delegates from the several counties called for that purpose. It was similar, in most par- ticulars, to that of 1776, but the General Assem- bly was made to consist of a Senate and House of Representatives. Important amendments were made by a convention in 1838, the most promi- nent requiring county and other officials to be elec- ted for fixed terms by the people, which there- tofore had been appointed by the Governor. And in 1851 judges were made elective.
The rapid increase of wealth and the wonderful development of political influence, corporate power, and special legislation during a period of fourscore years, had come to render a new, fundamental, general law necessary ; for, complaints had become as loud as they were numerous, and they had pro- ceeded from all sections of the State. The selfish- ness of men had grown beyond their judgment and integrity, and the good of the people had come to
51
GOVERNMENT.
be of minor importance; and self-aggrandizement in wealth and power had been set up as the great idol of men who were at the head of the various important affairs and enterprises of the State. Therefore, a general feeling prevailed throughout the State that political ambition, corporate power, and special legislation should be checked and con- siderably modified in order to have these important agencies to subserve the public welfare. In this behalf, an act of Assembly was passed in 1871, which provided for the calling of a general conven- tion to create a new Constitution. It was submitted to the people at the general election of October, 1871, and ratified. Delegates were accordingly elected ; the convention assembled-first at Harris- burg, then at Philadelphia; many weeks were spent in deliberations ; and finally the result of their labor was submitted to the people in 1873, and adopted. Its general plan and scope are simi- lar to the Constitution of 1790. Berks County was represented in the convention by three delegates, and the electors voted for the new Constitution by a large majority. This is now the supreme law for the general government of the State.
The counties have no separate Constitution for their respective government. Their affairs are directed under the general laws of the State.
State Legislature .- The State is supreme, gov- erning itself by laws enacted by its Legislature, which is composed of representatives from the sev- eral counties in the State. The Legislature has two bodies, called the Senate and Assembly, which
52
SCHOOL HISTORY OF BERKS COUNTY.
must agree to all laws proposed ; and the laws must be approved by the Governor or passed over his veto before they are binding upon the people. The State comprises 67 counties.
The executive officer of the county is a sheriff ; of the State, a Governor; and of the Nation, a President.
Offices by Special Legislation .- The general gov- ernment of our county is similar to that of the counties of the whole State; and a sameness ex- tends throughout the entire period of its existence. Comparatively little special legislation has been done for our county in the way of creating particu- lar political positions. Four acts of the General Assembly are worthy of mention : One passed in 1824, relative to the management of poor affairs ; another in 1848, relative to the management of prison affairs ; a third in 1869, relative to the elec- tion of an additional law judge; and a fourth in 1883, for the election of an Orphans' Court judge.
Minority Officials .- A marked change was intro- duced by the Constitution of 1873, enabling the minority party to elect officials. In Berks County this applied to county commissioners and county auditors. These officials in the county had been almost entirely Democrats since their election in 1841. The first Republican commissioner and au- ditor under this provision were elected in 1875. And in 1873, the act of 1848, creating the Board of Prison Inspectors, was so amended as to enable the minority party to elect three out of nine inspectors, or annually one out of three.
53
GOVERNMENT.
The act of 1824, relating to the poor directors, which provides for the annual election of a direc- tor for three years, has not yet been amended to meet the spirit of the times and of the State Con- stitution. In 1867, when jury commissioners were authorized to be elected throughout the State, pro- vision was made that each elector should vote for one person for this office, and the two persons hav- ing the highest vote should be the cominissioners. This provision enabled the minority party in the county to elect one commissioner. Accordingly, the Republicans have elected a jury commissioner since 1867.
Election Districts .- Provision was made by Wil- liam Penn, in the laws agreed upon in England on April 25, 1682, in reference to the government of Pennsylvania, for free and voluntary elections. The right of election was given to every freeman of the province. A freeman was defined to be "every inhabitant that is or shall be a purchaser of 100 acres of land or upward ; and every per- son who shall have paid his passage and taken up 100 acres of land at one penny an acre, and have cultivated 10 acres thereof ; and every person that hath been a servant or bondsman and is free by his service that shall have taken up 50 acres of land and cultivated 20 thereof ; and every in- habitant, artificer, or other resident that pays scot or lot to the government." At that time the ter- ritory comprising Berks County was occupied by Indians. Not a single white man had yet settled upon it. There was no need for election laws, nor
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.