USA > Pennsylvania > Dauphin County > Middletown > The chronicles of Middletown : containing a compilation of facts, biographical sketches, reminiscences, anecdotes, &c., connected with the history of one of the oldest towns in Pennsylvania > Part 13
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 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27
The children must be educated in the Lutheran religion, and in the German language; no other language shall be taught.
The children may remain there-the boys until they are fifteen, and the girls fourteen years of age, when they shall each receive a freedom suit.
THE DUTIES OF THE PRINCIPAL.
He shall have immediate superintendence and management of the whole estate; shall oversee and direct the agricultural concerns thereof, subject to the advice of the trustees; shall keep regular bank accounts of all receipts and expenditures, and submit such accounts at least every two months, to the inspection of the trustees.
He shall reside in one of the four houses mentioned, and shall have a free table for himself and family furnished out of the proceeds of the estate, and a stipulated salary yearly.
He shall exercise a supervision over the mills and other water works erected on the race, and keep an exact account of all receipts and ex- penditures relative thereto.
If his own children labor for the institution, they shall have reason- able wages therefor.
If he has been faithful in office and becomes superannuated in the service of the estate, he shall be supported out of the funds of the insti- tution, and if he has a son who is equally capable and trustworthy, he shall be appointed instead of his father.
DUTIES OF THE TUTOR.
At 6 o'clock in the morning he shall assemble the children in a suitable room, sing and pray with them, concluding with the Lord's prayer; then exercises in the Christian belief and Lutheran catechism; then breakfast; two hours of school, teaching reading, writing, arithmetic and catechism; at 9 A. M., they shall work in the garden. The officers of the institution are instructed to lay off ten acres contiguous to the Or- phan House, for that purpose, "which shall be cultivated principally as a kitchengarden."
A portion of the garden shall be devoted to fruits; hemp and flax shall also be raised; all for the use of the institution, any surplus to be
II5
CHRONICLES OF MIDDLETOWN.
disposed of for the benefit of the same; at II A. M., thanksgiving, "knee prayers, and belief, as in the morning, shall be repeated." The children shall then dine. School for two hours; then work again in the garden; at 6 P. M., singing, "and ceremonial of the morning shall be repeated." "In winter, after supper, the girls about six years old, shall be taught to spin. When the children have been taught to read, one of the boys shall repeat a chapter out of the Bible."
An orphan shall not be permitted to leave the institution without leave from the tutor, and if stubborn, disobedient or incorrigible, the trustees shall bind him (or her) out to a trade.
The tutor if sending the children on errands, must send two together. They must be corrected for lying, bad language, &c.
When the principal needs help on the farm the tutor shall send as many children as he may require to assist him-between school hours.
When the funds of the institution justify it, weaving shall be intro- duced, and the "children shall be clothed in home manufactures-the boys in brown-the under garments of the girls shall be linsey wolsey, their upper garments of blue striped cotton stuffs;" the clothing to be given annually at Easter.
A female teacher shall instruct the girls in needlework, knitting and spinning. The children must assist in keeping the house in order.
No books shall be used except those which inculcate good morals and sound religious principles. When a child is fourteen years old, it shall be confirmed and admitted to the sacrament.
The tutor must be a married man and reside in the institution, and shall have a free table furnished himself and family out of the funds of the estate, and a specified salary annually. If he should become su- perannuated during his service, he shall be supported during life and an allowance made him annually.
DUTIES OF THE TRUSTEES, PRINCIPAL AND TUTOR CONJOINTLY.
They have the power of modifying the mode of instruction, if neces- sary, so that they conform to the orthodox belief of the church and the method practiced in its schools.
If any charges are brought against any of said officials they shall be examined into, and if the accused is found guilty, he shall be removed and another elected in his stead.
They shall annually submit at the first Court of Quarter Sessions in the county, which meets after the first of the year, an itemized statement of all the accounts of the estate and institution for the preceding year, accompanied by sufficient vouchers. And (if required by the court) a statement of the children admitted, maintained and educated; their sex, ages, &c. The court is requested to appoint three respectable "mem- bers of the grand jury," to examine and settle said accounts. If the balance is in favor of the accountants, to be placed to their credit; if against them, then go to their debit for the ensuing year. If the trus-
II6
CHRONICLES OF MIDDLETOWN.
tees, principal and tutor refuse or neglect to exhibit such accounts, the court is to compel them to do so.
The court is requested to appoint "a respectable freeholder," as a visitor to the Orphan House, who shall have the right to inspect all the properties belonging to the estate, twice a year, at such times as he shall select. He shall give the officials of the estate and institution forty- eight hours' notice of his visit, and one of them shall accompany him in his tour of inspection, and answer all questions he may propound to him. The visitor shall report to the next court, a detailed statement of the re- sult of his observations; and the court may either approve his report, or if necessary on account of neglect, or gross violation of duty, sum- marily remove any of the officials from office, at its discretion; such vacancies to be filled as before provided. When Middletown shall be incorporated as a borough, the power of the court to appoint a visitor shall cease, and all said visitor's powers be transferred to the burgess of said town, forever.
If the institution should "fail" on account of the death, emigration or removal of officials, or any other cause, the Governor of the State is au- thorized to appoint other officers, who shall have all the rights, privi- leges, emoluments specified in the will.
The tract of land in Northumberland county, is directed to be sold, and the money arising from such sale to be used for the benefit of the institution.
Should any future legacy or fund be given to the Emaus Orphan House, the name of the donor (if permitted), the amount of donation and the time when given, shall be entered in a book kept for that pur- pose, and on the anniversary of such donation, the clergyman holding service in the institution, shall publicly "mention the circumstances of such bounty."
The trustees shall be respectable freeholders of Dauphin county, and regular members of some Protestant church. The principal and tutor must be of good moral character, and "regular members of the Evangel- ical Lutheran religion."
John Cassel, yeoman, is appointed principal; and the trustees, prin- cipal and tutor, are ordered to petition the Governor and Legislature for an act of incorporation, under the title of the Emaus Orphan House.
A codicil provides that all the real estate owned by him, not otherwise mentioned; and all now in litigation (when recovered), shall be sold, and the proceeds, together with all the moneys due him (when col- lected), placed in the hands of the trustees for the use of the institution. John Crabb, Sr., is appointed agent to collect all money due him, for which service he is to receive ten pounds out of every hundred he col- lects. The said John Crabb is to reside with his (Frey's) family, and to have £100 per annum in addition to the percentage above specified, during the time he is collecting. He is also allowed to keep a horse, and to be allowed his reasonable expenses.
The German school in Middletown under the control of Frederick
II7
CHRONICLES OF MIDDLETOWN.
Miller is to be continued until the Orphan House is completed.
The will was executed May 12th, 1806, in the presence of John Blat- tenberger, Abraham Rife and Charles Brandon, who were all his neigh- bors. George Frey died the following day, May 13th, 1806.
This will was drawn up and written by John Joseph Henry, President Judge of Dauphin county, who presided over these courts from 1793 until about 1810. It was, as may be judged from the summary, an elab- orate document, containing minute and special directions.
Immediately after his death a suit was brought, on a feigned issue, to test the validity of the will. After a sharp contest a verdict was given, April 16, 1807, in favor of the will, admitting it to probate, but invali- dating the codicil, and so far in favor of the contestants.
The delay occasioned by this suit would have been a trifling matter but for the debt incurred in prosecuting it. The attorneys for the trus- tees charged $4,800 for their services. The sum added to other charges, made the liabilities of the estate at the end of the first year some $8,000. This amount, large as it was, might easily have been paid had a proper application of the personal estate been made. The money estate was estimated at $27,000; to be added to this was $2,666.67 realized by the sale of the tract of land in Union county. Of the rest of his personal estate there is not any precise statement. The power of his wife over that was unlimited, at least her privilege was made to do duty for all her real expenditures, and for many other transactions of which she knew less than nothing. Much of this was shown in the fierce legal contest which followed, and which was continued for quite a quarter of a cen- tury. It is obvious, however, that the money arising therefrom, was entirely diverted from the institution it was intended for, and instead of going into its treasury, was used by the trustees or their agents for private purposes.
So much of the land was sold by distress, to pay debts, prior to the accounting of 1829, that its acreage was considerably decreased. Con- sidering that Frey was not in debt at his death, the charge of "misman- agement and dishonesty in management," is not astonishing.
Instead of applying the revenues of the estate to the liquidation of the debt, and the establishment of the Orphan House, they were squandered. Thus the debt not only remained but was increasing. Upon legal pro- cesses for the payment of debts, mostly created by the trustees, houses, lots and lands were sold prior to 1835, to the amount of $17,683.87.
The trustees also failed to comply with the requisitions of the will, to file an annual account of all receipts and expenditures of the institution for presentation to the court of Dauphin county. The first eighteen months only, did they file a full account. The receipts for that period were $4,882.19 and the expenditures $4,724.47.
Notwithstanding the fact that the will of Mr. Frey had been tried and established on a feigned issue, the children of a deceased brother, en-
II8
CHRONICLES OF MIDDLETOWN.
couraged to believe that the will could not be carried into effect and that eventually they must recover, ventured a suit to get the estate into their possession. Some of these children sold out their claims, and the pur- chasers united with those who did not sell, in an ejectment to the August term of the court, 1826, more than twenty years after the testator's death. Christian Spayd, the principal of the estate, and the defendant in the ejectment, was a nephew of George Frey, and claimed one-fourth of the estate as his share; the plaintiffs-and among them were some of the trustees-claimed three-fourths. It was thus the interest of both parties that the plaintiffs should recover, as then each party would re- ceive the shares respectively claimed. Owing to this state of things, no proper defense was made, and a verdict was rendered for the plaintiffs, for three-fourths of the estate. The charge of the court had been in favor of the defendant, and against the recovery of the heirs, conse- quently, on motion, without argument, a new trial was granted; the judge asserting that he would not permit such gross injustice to be done whilst he was on the bench.
For some years the Lutheran church had been endeavoring to secure such an administration of the affairs of the estate as would meet the ends contemplated by the testator. On account of the resistance made, and the difficulties thrown in their way by the trustees, with the usual delay of legal proceedings, nearly fifteen years elapsed before the trustees' ac- counts were finally agreed upon.
On the 25th of May, 1829, the Supreme Court appointed Francis R. Shunk, William Clark and Valentine Hummel, auditors to examine the accounts of John Cassel and Christian Spayd, the former having been principal from 1806 to 1814, and the latter from 1814 to the time of the auditors' appointment.
On the 22nd of November, 1830, these auditors reported. They found a balance in Cassel's favor of $711.84 and in Spayd's favor of $9,029.67. The report of the auditors was set aside by the decision of the Supreme Court, in November, 1834, Chief Justice Gibson in delivering the opin- ion of the court said :
"Had the respondents (Cassel and Spayd) performed their respective duties and accomplished the purpose of the trust, these balances, though sufficiently startling, might have been deemed to have accrued consist- ently with good management and fair dealing. But when we find that not a single step has been taken for three and twenty years towards a dispensation of the founder's bounty, that not a single orphan has had the benefit of it, and that the Orphan House built by the founder has been suffered to rot, till it is not worth the cost of repairing; that a con- siderable part of the estate has been dilapidated and sold by the Sheriff, a part of it to one of the respondents, and other parts of it to some of the trustees; and that the respondents having taken the profits without having fully accounted for them, yet claim to be let in as creditors on the fund to an amount that would bankrupt it, we are astounded by the magnitude and boldness of the pretension." He pronounced the value of
I19
CHRONICLES OF MIDDLETOWN.
the realty in 1826, "worth one hundred thousand dollars;" observing that there had been expended "in taking care of it, to the time of adjudi- cation (1833), nearly or quite $100,000."
Instead of confirming the auditors' report the court declared John Cassel a debtor to the estate of more than $15,000, and Christian Spayd a debtor of more than $12,000; with five years' proceeds of the estate to account for. Amounts which neither of them was able to pay, or ever did pay.
Whilst the suit of the relatives against the estate was pending, the plaintiffs in the ejectment, who call themselves heirs, desired to effect a compromise with the Lutheran Synod of Pennsylvania and West Penn- sylvania. At their request a meeting of representatives from the heirs and two Synods was held at York, Pa., on the 25th of March, 1835. The representatives of the heirs presented the committees of the Synods at this meeting the following proposals, viz :
"That if they were permitted to get possession of the estate, they would appoint and authorize Abraham Bombaugh and Daniel Hummel to sell the entire estate, and would appropriate the money arising from the sale in the following manner: The one-twentieth part thereof to be paid over to the Directors of the Poor in and for Dauphin county, and the residue to be divided into two equal shares, one of said shares to be paid over to the heirs of George Frey, and the other to be paid over for the benefit of the Lutheran Church in Pennsylvania ; to be invested, and the annual interest of it applied to the maintenance and education of orphans, and other poor and pious young men for the gospel ministry."
The representatives of the Synods, consisting of J. George Schmucker, D. D., President of the Synod of West Pennsylvania; John C. Baker, D. D., President of the Synod of Pennsylvania; and S. S. Schmucker, D. D., Frederick Smith and John Barnitz, committee of the Synod of West Pennsylvania, promised to lay the proposal of the heirs before their respective Synods for their decision.
A special meeting of the Synod of West Pennsylvania was called on the 14th of June, 1835, to consider the proposal. The Synod of Penn- sylvania held its annual convention the same month, at Germantown, and in reference to this proposition adopted the following :
"WHEREAS, the reputed heirs of Geo. Frey have proposed to this body a compromise, &c., &c. Therefore the members of this body have, and it is hereby resolved, that they will accede to the proposed compromise, for the following reasons.
"Ist. Because the last will and testament of said George Frey ex- pressly declares that the institution contemplated by him, should be con- nected with the Lutheran church in Pennsylvania; that its principal and teacher must be members of the Lutheran church, and its instruc- tion be accommodated, from time to time, to the orthodox belief of the church, and the method practiced in its schools.
"2nd. Because, although the compromise sets aside some of the local-
·
I20
CHRONICLES OF MIDDLETOWN.
ities and minor circumstances of the will, it accomplishes the grand moral and religious design of the testator.
"3rd. Because after an experiment of twenty-nine years, the church has failed in her attempts to coerce the parties to execute the design of the testator under the will, and there is but little prospect of having the residue of the estate applied with better success to the said design." The action of the Synod of West Pennsylvania was substantially the same.
Pending these negotiations, however, the old board of trustees, which was favorable to the compromise, resigned, and in July of the same year the Supreme Court appointed a new board, of which Dr. Mercer Brown was principal. The new board was averse to the compromise of the heirs with the church, consequently it failed. Subsequently the trustees themselves compromised with the heirs, and agreed to pay them $4,- 500.00 to have the ejectment discontinued, and all claims released and surrendered, forever. This compromise was afterwards authorized by legal enactments.
Thus it was not until after many years of expensive litigation, that the building on Spring street near Union, was erected. George Frey had commenced to build his "Orphan House" about a quarter of a mile east of the edifice on Spring street, and a log building, thirty by forty feet, and two stories in height, was already under roof when he died. He had also established the German school, alluded to in the latter part of his will, in which all poor children of that parentage or nationality were taught, free of charge. The erection of the Orphan House being de- layed, this school was maintained by the trustees for a number of years, the teacher receiving his stipulated salary, and having, much of the time, but a mere shadow of a school.
On the completion of the (second) Orphan House, in 1837 "on high ground between the towns of Middletown and Portsmouth," Rev. S. D. Finkel took charge of it. He continued his connection therewith for three or four years, during which period he had under his care from two to five orphan children, who were supported by the estate. This was the first benefit conferred by the bequest on orphans, since it was left for them thirty years previous.
In 1839 the governing body was incorporated. Owing to some error the tutor's name was omitted as a corporate member. (This has never since been rectified. )
In the will the trustees held office for life, and were a self-perpetuat- ing body-by the act of incorporation their term of office was limited to eight years, and the appointing power given to the court of Dauphin county ; thus a trustee is appointed every two years. The act also pro- vided for the teaching of the English language in the institution, and a leasing of a portion of the real estate for any term not exceeding one hundred years; the grist and sawmills and the farms for not exceeding six years; and any portion of ground along the canal or railroad, of not
I2I
CHRONICLES OF MIDDLETOWN.
more than ten acres with or without the additional privilege of water power, for any term not exceeding twenty years.
In 1840, in consequence of debts amounting to about $8,000, the Or- phan House was again discontinued. Shortly afterwards, June 2nd, 1840, permission was obtained from the Legislature to connect a private school with it. The building was enlarged and virtually converted into an academy. For fifteen years the tutor was nothing more than the teacher of a select school, receiving a part of his support from the estate; in consideration of which he taught a few poor children gratuitously.
The following names are those of the scholars who attended this pri- vate school during the sessions of 1841 and 1847.
1841.
M. R. Alleman,
John S. Croll,
Mumma,
Balsbaugh,
H. Harrison,
John Ross,
John Brown,
J. Heck,
S. Snyder,
David Brown,
James Jordon,
J. Snyder,
J. Best,
R. M. Mckibben,
J. C. Stouch,
Brua Cameron,
J. Wolfe,
Henry Smith,
Don Cameron,
George C. Kunkle,
John Shelley,
B. F. Etter,
Christian Kunkle,
L. Shelley,
G. Ettele,
Walter Kendig,
J. Smuller,
M. Flora,
Christian King,
John Wolfley,
L. Heiner,
George Minshall,
A. B. Wood.
1847.
Charles Allen,
F. Fortney,
Henry Alleman,
F. Fenstermacher,
S. Patterson, Jr., Frank Peebles, Magdalene Ringland,
M. Benner, Sarah Brown, Rebecca Brown,
John Gross,
Joseph Hoyer,
John Ross,
J. Baker,
Clara Kendig,
Harriet Ross, Sophia Rife,
W. Boyer,
Annie Kendig,
S. Rutherford,
Maria Croll,
Joseph Nisley,
Mary Rewalt,
Lizzie Croll,
Abner Croll,
Mary Smuller,
Susan Croll,
Edward Martin,
William Croll,
M. Kunkle,
D. Swar, Mary Watson,
G. Kain, W. Kain,
David McMurtrie,
Mary Weistling,
Margaret Cameron,
Frank Murray,
Evaline Weistling,
Virginia Cameron,
Jacob Nisley,
Robert Weistling,
S. Detweiler,
Annie Wolfley,
Benjamin Weistling,
J. Embig,
Andrew Patterson,
Catherine Zimmerman,
S. Patterson, Sr.,
J. Detweiler.
G. Ettla,
Louisa Kendig,
J. Mengus,
In 1846, in view of the fact that although no children were main- tained by the estate, yet its indebtedness had increased, the Legislature
122
CHRONICLES OF MIDDLETOWN.
was memorialized and an act passed for the appointment of the trustees on the nomination of the two Lutheran Synods lying east and west of the Susquehanna. The trustees opposed this act and carried it up to the Supreme Court, where it was declared unconstitutional.
Subsequent to this, Thomas Moore, a citizen of Dauphin county, offered before the Supreme Court, to contract to pay off the entire in- debtedness of the estate, from its proceeds, in seven years, and to give ample security for the fulfillment of said obligation. The then principal, Dr. Mercer Brown, believing he could do equally as well, undertook it, and succeeded; in 1855 the estate was clear of debt, and a balance of $1,500 remained in the treasury. The orphan department was again resumed, and two children were admitted.
In spite of this, and of all previous legislation, the institution con- tinued to languish, and when Rev. C. J. Ehrehart took charge of the Lutheran congregation here, in 1856, he found but two orphans sup- ported by the estate. It was mainly due to his exertions that the Orphan House at last commenced to fulfil the purpose of its founder. During his tutorship, the number of children was gradually increased until, in the spring of 1861, twenty children were maintained. Too much praise cannot be awarded him.
After the union of Portsmouth and Middletown the ground between them was laid off in lots, and was rapidly built upon and settled, until it became the populous center of the town. This rendered the location of the Orphan House unsatisfactory, and there being no land in the immediate vicinity available for agricultural purposes, the inmates thereof could not be instructed in one of the branches that the founder had insisted on. It was decided to remove the institution to a more favorable site. In 1872, thirty acres of ground were purchased of James Young, for $4,500 and the erection of a new edifice com- menced. It cost $15,000, was completed early in the winter of 1873, and occupied December 17th, of the same year.
It is a massive structure erected on an elevation half a mile north of Middletown known as the Red Hill. It is constructed of brick, is three stories in height, and built in the form of an L. The main building is 60 feet front by 362 feet deep; the wing is of a similar height, and 40 by 36 feet. A large and high porch adorns the front and the whole is sur- mounted by a mansard roof.
Inside there are twenty-eight rooms. The halls are wide, as are also the stairways which spring from their centers. The ceilings are high, and all apartments commodious and well lighted. The heating and ventilating arrangements are perfect. There is a reception room, a parlor, a sewing-room, library, dining-room, school-room, play-room, wash-room, kitchen, and a number of dormitories. A dry, arched base- ment extends under the whole building.
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.