The twentieth century bench and bar of Pennsylvania, volume I, Part 75

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1102

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moved to Carlisle, where he rapidly arose to prominence at the bar.

One of the matters at that time most fre- quently before the court, now comparatively rare, was the "binding out" of orphans during their minority, and right curious were some of the stipulations accompanying the same. Here is a fair example, copied from the records of the Orphans' Court of York county under date of August 4, 1750: "Came into Court William Boyd, surviving Executor of the Testament and last will of Ann Simonton, Dec'd., and prayed that Mary Gilkinson, Daughter of the afforesaid Ann, of the Age of seven years about the first of April, may be bound an Apprentice to John Addy, of Cumberland, and Jannet, his Wife. Whereupon it is considered by the Court & the said Mary is hereby bound an apprentice to said John Addy & Jannet his Wife until she shall be of the Age of eighteen years. In consideration whereof the afforesaid John Addy & Janet his Wife do promise and agree to teach the said Ap- prentice to read, knit, sew, Spin, &c., and to give her Sufficient Meat, Drink, Apparel, Washing and Lodging during the said Term, and at the Expiration thereof to give her two suits of apparel, one whereof shall be new, an Heifer of three years old with a Calf, a new Spinning Wheel and five Pounds in Money or a feather Bed of five Pounds Value."

In the case of a boy, the person to whom he was bound was made to "covenant and agree to teach or cause to be Taught the said Apprentice to read and write, and Arith- metic as far as the Rule of Three Direct, and also the Art, Trade or Mystery of a Black Smith, which he now Practiseth," and at the expiration of the term, "to pay unto said Apprentice one Pair of Smith's Bellows of the value of three Pounds and one sett of Smith's Tools and Turning Tools to the value of ten Pounds and two suits of Apparell one whereof shall be new."

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There was at this time no courthouse or other hall or building in York suitable to hold court in, and from 1749 to 1756 the courts were held at private residences, pre- sumably at that of one of the resident jus- tices, Schwaabe or Stevenson.

In addition to those already named, jus- tices were commissioned from time to time until the breaking out of the Revolutionary war, as follows: April, 1751, John With- erow, Walter Buchanan, John Blackburne, John Popc, William Griffith and Herman Updegraff (Opden Graeff, Fisher) ; October, 1755, John Adlum, Thomas Armor, Richard Brown, Hugh Whiteford and Michael Tan- ner (Danner) ; January, 1760, Martin Eichel- berger; April, 1761, David Kirkpatrick, Abraham Nesbit and Archibald McGrew; October, 1764, David Jameson, Michael Schwaabe (Swoope, Swopc), Samuel John- son, Samuel Edic, Matthew Dill (Junior), James Welsh, Robert McPherson, John Smith, Henry Schlegel (Slagle), Thomas Minshall, Cunningham Sample, William Dunlop, Joseph Hutton and William Smith ; March, 1771, Richard McAllister, William Rankin and Joseph Updegraff; April, 1774, David McConaughy, William Scott, Benja- min Donaldson, William Bailey, William Leas, William McCaskey, Josiah Scott, Wil- liam McLean and Thomas Latta.

About this time Pennsylvania, ignoring and denying the further dominion of Great Britain, called a convention to meet at Phila- delphia to devise a constitution for the gov- ernment of the province. By this constitu- tion, in session, and by the president and executive council provided for in the consti- tution it framed, justices were commissioned until the adoption of the constitution of 1789-90 as follows:

September, 1776, Robert McPherson, Mar- tin Eichelberger, Samuel Edie, David Mc- Conaughy, Richard McAllister, Henry Schle- gel, Matthew Dill, William Rankin, William Leas, William Bailey, William Scott, Wil-

liam Smith, William McCaskey, Josiah Scott, Thomas Latta, William McLean and John Mickle; June, 1777, David Jameson, Samuel Ewing, David Watson, John Chamberlain, Andrew Thompson, John Hinkle, John Har- baugh, Robert Stevenson, Archibald McLean, James Nailor, Thomas Douglass, David Mes- serly, Benjamin Pedan, Joseplı Reed, Thomas Fischer, Peter Wolf and Frederick Eichel- berger; March, 1778, Jacob Eichelberger: June, 1779, William Mitchell; May, 1780, John Rankin and David Beatty; January, 1781, Robert Chambers; November, 1782, Michael Schwaabe and George Stake; Au- gust, 1783, Cunningham Sample; September, 1784, Michael Hahn and Thomas Lilly; Oc- tober, 1784, William Cochran, Jacob Rudi- sill and Michael Schmeiser (Smyser); No- vember, 1784, William Gilliland; April, 1785, Daniel May; June, 1785, Conrad Sher- man; July, 1785, Robert Hammersly; Au- gust, 1786, Henry Miller; June, 1787, David Beatty and Bernhart Ziegler; May, 1788, Robert McIlhanny; June, 1788, Elihu Un- derwood; and September, 1799, Jacob Dritt.

It is a noteworthy fact that in all this list there is not one instance of a double Chris- tian name, much less one of "parting the name in the middle," now so common- noteworthy as showing the simplicity that characterized the yeomanry of York county in that day; for then, as now, those of high degree, as well as those who would have liked to be considered such, delighted in high-sounding appellations. We must not on this account presume that these men were not among the foremost in the community. On the contrary, they were of the cream of society of their day. They were selected from different sections of the county, and knew little of technical law, but were chosen be- cause of their good judgment, business cx- perience, recognized integrity of character and influence in their respective communi- ties. By close observation of the law as pre- sented to them by the eminent counselors

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that practiced before them, they soon became sufficiently acquainted with the application of legal prineiples to the facts in a ease to dispense justice with a comparatively even hand. Sometimes an unusually tough legal knot might have to be subjected to rather liberal applications of the mollifying unction of equity, as they understood it, but their decisions generally met with the respect not only of the laity, but of the bar likewise. Nor were these courts laeking all dignity. The justices themselves generally appreciat- ed the fact that their position was an honor- able one and entitled them to due respeet from all, and the uniform urbanity and gravity of deportment that eharaeterized the practice before them lent graee and dignity to the proceedings. The leading praetition- ers of that day would almost rather have been charged with ignorance of the law than with disrespect to the court or diseourtesy to a brother at the bar. Nor did these ple- beian justices hesitate to visit their dis- pleasure upon the head of an attorney who exhibited any flippaney in court or failed to deinean himself with the deference, in their opinion, due them.

In their day, as in ours also, there were those who were bold enough to openly ap- proaeh judges with blandishments, as also speeimens of the equally reprehensible but more cowardly sneak who sought to influ- enee their judgment by seeret eommunica- tions; but if tradition is not at fault, these misereants usually received deserved re- proof.

The personal history of many of the jus- tiees antedating the constitution of 1790 is rapidly fading; mueh of it has vanished "in the twilight of the past." Enough, how- ever, is preserved to show that among them were the foremost men in the community of their day. They filled numerous positions of trust and responsibility outside of their ju- dieial offiees.

Ten of them, at various times, served as

county commissioners, seven as sheriff, eight as county treasurer, two as state senator, sixteen in the Legislature, and others as coroner, register, recorder, prothionotary, clerk of the eourts and in other positions. During the French and Indian and Revolu- tionary wars many of them gained distinc- tion in a military capacity. In fact, during the latter war the eourts were largely dis- continued; justices and lawyers apparently becoming enlisted in their country's canse, either in the arena of the battlefield or as members of councils or committees.

We can here refer to but comparatively few individually.

John Wright, Jr., was the son of John Wright, a prominent citizen and business man of Lancaster county, or rather of that part of Chester county that beeame Laneas- ter county in 1829. The son located on the western side of the Susquehanna, at Wright's Ferry, at least fifteen years before the foundation of York county. He was henee one of the earliest permanent settlers, and likewise one of the most intelligent and influential. He was a prominent member of the Society of Friends, but early in the French and Indian war, he, with four other of the Quaker justiees, Thomas Cox, John Blackburne, John Pope and Thomas Min- shall (Minshall had not then been eommis- sioned, however), beeame so impressed with the neeessity of prompt and vigorous aetion to proteet the frontier settlers against Indian depredations, which had beeome so frequent and bold as to be a constant menace, that, laying aside their non-combatant eonvic- tions, they joined the brigade then being organized to assist in quelling the trouble. Minshall, however, yielded to the vigorous protests made by the ladies of the Society. and deelined the commission as captain which had already been issued to him. Wright was also commissioned a captain. He was highly respected, and one of the most prominent inen of his day. He repre-

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sented York county in the Assembly from its erection, in 1749, continuously to 1759. IIe owned a large tract of land where the town of Wrightsville now stands. After the Revolutionary war, when Congress was en- deavoring to agree upon a location for the capital of the young nation, "Wright's Ferry on the Susquehanna" was very favor- ably considered. "The members from New England and New York agreed in preferring it, as the point nearest the center of popula- tion, wealth and convenience; and for many days it seemed to have a better chance than any of the other places proposed-Harris- burg, Baltimore, New York, Germantown and Philadelphia." Wright, however, was not then living, having died in 1763.

Matthew Dill, the elder, was one of the first settlers of the vicinity of the present town of Dillsburg, and the founder of the distinguished family that gave its name to that town. ' He was born in the county of Monaghan, Ireland, in 1698; and came to this locality about 1740, a conspicuous sample of that sterling Scotch-Irish stock which con- tributed so largely to the carly settlements in the county. He served as justice but one year, when he dicd. Some years previous to his appointment as justice, during the trou- ble with the natives that arose from time to time in the forties, he "commanded a com- pany against the Indians," and earlier served as one of the five commissioners ap- pointed to make a treaty with the Indians at Fort Croghan, on the western side of the Susquehanna. His son, Col. Matthew Dill, was commissioned as a justice in 1764, and continued in office for many years. He gained some distinction as an officer during the Revolution. He served in the General Assembly from 1777 to 1779; was one of the sub-lieutenants to organize the county militia, and one of the commissioners to seize the personal effects of traitors in York county. Among his descendants are found

many who became prominent in their re- spective spheres of action.

Hance Hamilton, born in 1721 of Scotch- Irish parentage, seems to have been one of the earlier settlers in the Newberry colony, but at the time of his appointment as one of the justices was a resident of what is now Adams county. He is said to have been a typical frontiersman, of more than average intelligence, very aggressive and influential. Before the organization of the first court in York county an election had been held at which he was elected to the office of sheriff. The following year, owing to a riot on elec- tion day between the Irish, his supporters, and the Dutch, whose candidate was Richard McAllister, no election of sheriff was re- turned, but the governor of the province issued a commission to Hamilton. He was elected in 1751 and again in 1755. In 1756 Captain Hamilton, at the head of a company of provincial troops from York county, took part in the French and Indian war. He participated in a number of engagements, and in May, 1758, was promoted to lieuten- ant colonel by William Denny, lieutenant governor. "He was a man of enterprise, great force of character and activity in pub- lie affairs." He was a miller by trade, and took an active interest in public affairs until his death, which occurred February 2, 1772.

Dr. David Jameson is another of the early justices who distinguished himself on the field of battle, both in the French and Indian and Revolutionary wars. He was born in 1715, in Edinburgh, Scotland, and emigrated to America about 1740. At the outbreak of hostilities in the French and Indian war he entered the army as an ensign, but rose rap- idly to the position of lieutenant colonel; and later, in the Revolutionary war, to that of colonel. He also acted, at times, it seems, when his services were needed, as impromptu surgeon. He was well qualified for this, having graduated before emigrating to this

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country in the medical department of the university of Edinburgh. After the close of the war, he returned to and practiced his professoin in his adopted town of York until his death, near the close of the century. He was a man of education and refinement and unbounded patriotism.

Michael Schwaabe (sometimes written Swoope and Swope,-he wrote his name Swope) was of German ancestry ; he was one of the eariest and foremost residents of the town of York, and a man of extraordinary force of character and influence. He was first an innkeeper, but subsequently engaged in mercantile pursuits and succeeded well.

He had been coroner before his appointment as a justice, and always took a leading part in movements of public interest. Ile be- came judge of the Orphans' Court in 1767 ; was a member of the Assembly from 1768 to 1776, and in 1776, he, with Benjamin Franklin and John Dickinson from Philadel- phia, was appointed a justice of the peace for the state at large. In 1775 he was a member of the "Committee of Correspond- ence" of York county, and also one of the "Committee of Safety," appointed by the Assembly at Philadelphia. At the outbreak of the Revolution he entered the Continental army, rose to the position of colonel, and commanded the First battalion of the First brigade of the famous "Flying Camp" in eastern New Jersey, which was captured by the British at Fort Washington, in Novem- ber, 1776. He was not exchanged until 1781. Upon his return to York he became one of the auditors of Depreciation Accounts. In 1785 he removed to Virginia, where he spent the rest of his life. Of his descendants many became conspicuous in public and private life; among them the Carringtons of Balti- more and Washington; Campbell Carring- ton, Esq., a great-great-grandson, being now a successful lawyer in the latter city.

Col. Robert McPherson was born in Ire- land, in 1730, and when but eight years

old came to this country with his father, Robert McPherson, who took up his resi- dence in the Marsh Creek settlement, some distance from the present town of Gettys- burg, then a part of Lancaster county. He was educated at the academy of New Lon- don, Chester county, Pennsylvania. Early in life he took an active part in public af- fairs, and at the age of twenty-five years became treasurer of York county and fol- lowed rapidly in the offices of county com- missioner, sheriff and general assembly. Upon the outbreak of hostilities with the mother country, he at once espoused the cause of the colonists with great enthusiasmn. He was a member for York county of the Provincial Conference of Committees, at Carpenters' Hall, Philadelphia, which convened June 18th, 1775, and again of the convention which, the following year, formulated the first constitution of the state.

He was a captain in General Forbes' ex- pedition to reduce Fort DuQuesne, in 1758, and in the Revolutionary war served as a colonel of the York County Battalion of As- sociators, in active service for over a year in New Jersey and around Philadelphia. After the expiration of his term of service, he became purchasing commissary of army supplies, and subsequently one of three "Auditors of Confiscation and Fine Ac- counts." He was a charter member of the corporation of Dickinson college, and a trustee thereof until his death in 1789. His descendants played a conspicuous part m the history of the county and state. His son. William McPherson, was an officer in the Revolutionary army, and for nine years rep- resented the county in the Legislature; and his great-grandson, Edward MePherson. LL. D., was a member of Congress for sex- eral years; clerk of the House of Repre- sentatives for a quarter of a century and a statistician of national reputation.

Henry Schlegel (Slagle) was born in 1725 in Lancaster county, of German parents. At

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the age of twelve years he came with his father to the vicinity of where McAllister's Town (now Hanover) was subsequently laid out. Here Henry grew to manhood, and acquired exceptionally fine business qualifi- cations, practical ideas, and sound judgment. In 1774 he was appointed one of the Com- mittee of Correspondence of York coun- ty, and in June, 1775, was one of the representatives from this county at the Provincial Conference of Committees, at Philadelphia. He was also a delegate to the constitutional convention, in 1776. He had in the meantime been elected lieuten- ant colonel of the Third battalion of the York County Associators. In December, 1777, he was appointed by the Assembly to take subscriptions for the Continental loan ; was one of the commissioners that met at New Haven, Conn., to regulate the price of commodities in the colonies; a member of the General Assembly from 1777 to 1779, and a member of the constitutional convention of 1789-90. In 1779 he became colonel of the Eighth battalion, York County Militia ; was appointed in 1780 a sub-lieutenant for the reorganization of the county militia ; and the following year as one of the auditors of Depreciation Accounts. In 1801-2 he rep- resented the new county of Adams in the legislature. How highly he was esteemed by his fellows is indicated by the numerous and responsible public positions to which he was called. He was the progenitor of the nu- merous Slagle family, still prominently known in and about Hanover, Pa., and Balti- more, Md.

Richard McAllister was a Scotchman by birth, but early in life, accompanied by his father, came to America and located in that part of Lancaster county from which Cum- berland county was afterward formed. About the year 1745 he removed to the vicinity of the present site of Hanover, which was some years later laid out by him, and was for some time known as "McAllister's Town."

He was one of the most conspicuous, active and influential of the early settlers of the county, and was frequently called to posi- tions of public trust. During the period of the Revolution he took very active part in the formation of military organizations, rose to the rank of colonel in the army, was a member of the Supreme Executive Council, of the Council of Censors, and one of the county lieutenants. In 1789 he became the presiding justice of the Quarter Sessions and Orphans' courts. He was the hero of the Germans in the celebrated contest for sheriff in 1750, Hance Hamilton, the stand- ard bearer of the Irish, being his competitor. No election was returned on account of the riots on election day. Hamilton subsequent- ly secured the office, being appointed by Lieutenant Governor Hamilton.

Archibald McLean was of Scotch origin, but emigrated to America from Ireland about 1738, locating in the Marsh Creek set- tlement. "He soon became a prominent sur- veyor in the Province of Pennsylvania, as- sisted in establishing the 'Middle Point' between Cape Henlopen and the Chesapeake, and in locating the great 'Tangent Line' through the Peninsula, and in tracing the well known 'Arc of the Circle' around New Castle, Delaware." "As a surveyor he was the chief associate of the celebrated math- ematicians Mason and Dixon. Archibald McLean in 1776 was chosen a member of the General Assembly of Pennsylvania. He was an ardent patriot, and the next year became chairman of the Committee of Safety for York county during the Revolution." He was one of the three of the committee of investigation (Dedimus Potestatemus), at the close of the Revolutionary war, and pro- thonotary, clerk of the courts, register and recorder of York county from 1777 to 1785. He was a man of marked ability and one of the most influential citizens of that day.

Jacob Barnitz, who was commissioned as a justice in 1786, was a conspicuous eitizen

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for over half a century. He was born in York in 1758, and was but eigheten years old when he went out as an ensign in Colonel Michael Swoope's regiment of the "Flying Camp" of the "Middle Colonies," organized under a resolution of Congress in 1776. He had a thrilling experience as a soldier in his teens. He participated in the battle of Long Island, and was of the garrison of Fort Wash- ington under Colonel McGaw at the time of the British attack, and when the garrison surrendered he was left on the field severely wounded. Stripped by the enemy, of his clothes, he lay thus exposed until the fol- lowing day, when he was removed to New York and remained a prisoner of war for fif- teen months. He never fully recovered from the effects of the hardships to which he had been subjected, and many years later had to suffer the amputation of one of his legs on account of the same. In 1785 he was ap- pointed to the office of register and recorder of York county, which office he held contin- nously for forty years. Throughout life he retained the name of "Ensign Jacob Bar- nitz."

Henry Miller was born in 1751 in Lancas- ter county. His father was a farmer, and apparently did not deem it necessary to fur- nish his son with a collegiate course. He, however, succeeded in acquiring "a good English education" by ntilizing such facil- ities as were at his command, so that when he was grown up he was prepared to take up the study of law in the office of Collis Reed, Esq., Reading, Pa. Before completing his course, however, he moved to York, shortly before the Revolutionary war. He continued his law studies in the law office of Samnel Johnson, Esq., acting meanwhile as office clerk. Mr. Johnson being at that time pro- thonotary, clerk of the courts, register and recorder. Ile also practiced conveyancing. As early as 1754 he joined a military com- pany as ensign, "organized to enter the serv- iee of the colonists against England shonld

it become necessary." It was never called into service. In June of the following ycar he became first lieutenant of Captain Dou- del's company of riflemen and marched with it to Boston, "the first organized body of troops to arrive there from west or south of the Hudson." Enthusiastic and impetuous, he suggested to his superior officer that they forthwith proceed to capture the British guard at Bunker Hill, and manifested much dissatisfaction when the captain pleaded for time to become acquainted with the ground, and until some of the rest of their regiment should arrive. These riflemen became quite famous for their remarkable marksmanship. It is said that when the youthful lieutenant was recruiting the company so many more applied than he could accommodate that he "chalked a very small nose on a barn door" and said : "I'll take only the men that can hit that nose at one hundred and fifty yards." Captain Doudel's health becoming too much impaired for active service, he resigned and Miller was appointed captain. Promotions followed rapidly until he reached the posi- tion of brigadier general, and had a brilliant inilitary career. He was commissioned as a justice in 1786, but his experience in that office was confined to but a few years until the adoption of the constitution of 1790, which he helped to formulate in convention, and which provided for the appointment of judges learned in the law. He was at the same time also prothonotary and clerk of the courts, by reason of which the major part of the judicial work fell to his brethren of the Bench.

Interesting sketches might be written of many other of the justices, but limited space forbids the special mention of all, and the foregoing have been selected as among the most conspicuous. Perhaps more interest- ing chapters might be written of some of those omitted here.

Michael Schmeiser (Smyser), who was State Senator, eight times elected to the

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The twentieth century bench and bar of Pennsylvania, volume I, Part 75

Author: Publication date: 1903 Publisher: Chicago, H. C. Cooper, jr., bro. & co. Number of Pages: 1102

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1102