USA > Pennsylvania > Franklin County > Waynesboro > Waynesboro : the history of a settlement in the county formerly called Cumberland, but later Franklin, in the Commonwealth of Pennsylvania, in its beginnings, to its centennial period, and to the close of the present century > Part 4
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One of the Commissioners on behalf of the State of Pennsylvania, appointed to do this work, was David Rit- tenhouse. The telescope which he used on this remark- able occasion has a history which will prove a tale of in- Note 7.
CHAPTER 1. Veach. 1784.
Dunlap.
Allegheny River
Flüt. Latitude 40 26'22"
-
YOHOGANIA
Yohogania River
Cheat River
Sugar Valley Fork of the Monongahe
The little black curved line marked ABC represents the curve of the Delaware River
Catfish Cantys
Count Line
OHIO COUNTY A
Bry Beaver Ch.
Ohio River
MAP of the "LOST COUNTY."
Yohogania County, which went out of existence when Virginia gare up her claim to the territory it covered, is since referred to as the "Lost County."
/
MONONGAHEL
COUNTY
,
Commonly calle Dium and Ma son's s Line Lat. 39 43 42/72 N.
Mernhan of Fort Pitt
COUNTY
45
LAND TITLES.
CHAPTER I.
terest with a striking moral to those who are inclined to read it.
Here let it be remarked that Mason and Dixon's line. thirty-nine degrees, forty-three minutes and twenty-six and three-tenths seconds, although, as a fact, it did mark the northern limit of slavery in the United States, with the exception of small portions of Delaware and Virginia, must not be confounded with the parallel of thirty-six de- grees and thirty minutes north latitude, which was assign- ed by the "Missouri Compromise" of eighteen hundred and twenty as the limit, to the north of which slavery could not be extended.
The true limit of slavery.
Settlements within the limits of the territory known as Washington township, Franklin county, were made at an early day, and a general inquiry into the origin of all the land titles in the township, an inquiry too wide in scope and prolific in detail for this investigation, will develop the fact that sundry settlements therein were legalized by the Blunston licenses of seventeen hundred and thirty-four.
The title to the land upon which Waynesboro stands Waynesboro. can be traced from the Province and the Commonwealth, the original right to which was not derived from a Bluns- ton license, but from actual warrant and patent.
John Wallart
In pursuance of Proprietary warrants issued by John Lukens, Surveyor General, to John Wallace the elder, John Armstrong, Deputy Surveyor, returned into the Land Office, as having been surveyed for John Wallace, a tract of land in the return described as being "situate in Antrim township in Cumberland county, containing six hundred and thirty-three acres, one hundred and nineteen perches, and the usual allowance of six per cent for roads."
This was the original survey of the tract of land, a por-
Individual grants.
1734 to 1737.
Wallace war- rants. Oct. 20, 1750.
Aug. 23. 1751.
46
WAYNESBORO.
CHAPTER I.
Survey rants.
war-
April 23. 1703.
tion of which was afterwards known as "Wallacetown," and subsequently laid out in the town lots for Waynes- boro. The above described piece of land was returned to the Land Office for patent in three separate returns. The original John Wallace never took out any patents for any portion of it, but, after his death, and a division of his property according to his will, returns were made to the Land Office for patents, as follows :
March 31, 1793.
Governor Mifflin
Patent Book, p. 33, p. 562.
July 25, 1777.
Jan. 9, 1779.
Oct. 26, 1786.
April 10, 1819.
W'm. Clark, Sur- veyor General.
Patent Book II-16, p. 581.
Oct. 21, 1817.
I. For the first patent, one hundred and ninety-nine acres and one hundred and forty-one perches were return- ed. and. "in consideration of the moneys paid by John Wallace unto the late Proprietors, at the granting of the warrants hereinafter mentioned, and of the sum of ninety- one pounds and ten shillings now paid by a certain other John Wallace." a patent, bearing date the fourth day of .April in the same year, issued for that amount of land. The patent recited the fact that the land had been taken up under warrant "by the elder John Wallace" who, by will, devised the said tract to his son, Robert Wallace, who, by deed, subsequently conveyed the same to George Wallace who, by deed, conveyed the said tract to the said last named, "the younger John Wallace." This tract was called in the patent "Mount Vernon."
II. For the second patent, one hundred and fifteen acres and one hundred and forty perches were returned, and, in consideration of two hundred and twenty-two dol- lars and nineteen cents paid in addition to the original warrant fees, a patent, bearing date April fourteen in the same year, issued for that amount of land. The patent recites the fact that the land had been taken up under war- rant "by the elder John Wallace" who since died, having made his last will and testament wherein he devised the said part unto his son, Thomas Wallace, who since died intestate, whereupon the Orphan's Court for the county aforesaid (Franklin), awarded the same unto the said John Wallace (eldest son of said Thomas).
JAMES
HEIRS OF JOHN COCHDANS FORMERLY JAMES JACKS OR WHITE HILLS
COYLES
PART OF JOHN WALLACE 1992s 121 Ps &AU
LANO
Originally surveyed April 21 1763 in pursuance of two Warrants dated respectively October 20 1750 and August 23 1751, Resurveyed Nov 10.1796 Patented to John Wallace April 4, 1798.
OWN COUGHDANS
LANO
PART OF JOHY WALLACE.
PART OF JOHN WALLACE 8222+ 158PskA22
Originally surveyed April 21 8763, in pursuance of; Two Warrants dated respectively October 20 1750 and August 23 1751 Resurveyed, March
2 1816 for the Heirs of Thomas
Wallace, deceased Patented & John Wallace, eldest son of
Spring Surveyed April 21 1763 in pursuants of two Warrants dated respectively October 20 5750 and August 22 3751 Resurveyed March 2 1816
DANIEL RoyET FORMERLy ŞWITH TaWÜHLIM Thomas Wallace, decd. Patented de Henry Good et.al, June 15 1675 Runt 12 1819
VINOLS NHON
ON
&
NHof
015
El Connected Draft of three tracts of land now situated in Washington township Franklin county. formerly in Untrim township Cumberland county. Oh land embraers in the red shading containing 633 ch. 119Ja & Allowance; is the original track as surveyed for John Wallace, April 21.1263, in pur- suance of two warrants dated respectively October 20.1250, and August 23. 1257, and the interior shadings show the subsequent subdivisions of the same as surveyed and patented on the dates respectively as above set forth; constructed from and compared with the original drafts remaining on file in the Department of Internal Offans of Pennsylvania.
Su gestimony IN hereof, I have herenuts set uny hand and caused the Seal of said Department to Be affixed at harrisburg the seventh day of December 1897.
Deputy Secretary of Internal Affairs
CONNECTED DRAFT OF WALLACE LANDS.
MATHIAS RINGER OR ROOGEN HARTES LAND
NOTE - The part marked A; is not included in either of the three purparts above vepresented
ATHINGON HINOIS NICHUN
ONN'y SOWINDOW NNOr ATHintent
48
WAYNESBORO.
CHAPTER I.
Later patentees.
June 15, 1874. Governor John F. Ilartranft.
Patent Book, II- 72, p. 762.
1818, Dec. 21.
The remaining and larger portion of the tract, that is to say, three hundred and twenty-two acres and one hundred and fifty-eight perches, remained unpatented for upwards of fifty years, and after the patent for the second portion was taken out in eighteen hundred and nineteen. Then a patent for this amount of land, "in consideration of the money paid by John Wallace at the granting of the war- rant, and the sum of five hundred and thirty-three dollars and forty cents in full of the arrearages and fees," was is- sued to parties claiming under the elder John Wallace. They were Henry Good. Clara A. Strickler, Simon Mick- ley, J. H. Clayton, Nancy Fahnestock, William Hoeflich, Mrs. E. M. Floyd, David Patterson. Thus was confirm- ed, in individual holders, the remaining portion of the original Wallace grant.
The founding of the town by John Wallace the younger, and its subsequent preliminary incorporation into a borough shortly before the patent of eighteen hundred and nineteen was issued. will be treated of fully in another portion of this work.
MERCY
0
PROPH
ICE
GREAT SEAL, PROVINCE OF PENNSYLVANIA.
CHAPTER II.
COUNTY AND TOWNSHIP BOUNDARIES.
ORGANIZATION, DIVISION AND SUB-DIVISION.
T PON the official records of Pennsylvania there is no note of the exact date when the original counties of the Province were organized. Their names and general territorial limits are believed to have been deter- mined by the original Proprietor, in conjunction with the first and earlier purchasers, when he was the first time in the country. The boundaries, or division lines of the three Upper Counties seem to have been fixed according to his mind or direction, expressed to some of his friends before he left the Province, and afterwards were con- firmed by the Provincial Council.
One of the three original Upper Counties which appear as established in 1682, is Chester. It primarily included all the territory, except a small portion of the present counties of Philadelphia and Montgomery, to the extreme limits of the Province, and consequently it embraced within its ample bounds all the lands to the west and southwest of the Susquehanna river.
Philadelphia and Bucks were the two remaining Upper Counties, originally organized, and in connection with the three Lower Counties, New Castle, Kent and Sussex (the present State of Delaware), comprised the entire terri- torial grant to William Penn. Chester and Bucks, some- time called "Buckingham," by the Proprietor, were laid out with specified boundaries, Philadelphia being in the midst and as a consequence embracing all the territory between the two first named counties and that lying to the north, northwest and northeast to an indefinite extent.
CHAPTER II.
Organization of Original Coun- ties.
April, 1685, Col. Rec., Vol. 1. 1. 126.
Chester county.
Philadelphia and Bucks Counties.
(4)
50
WAYNESBORO.
CHAPTER H.
A division of Chester County demanded.
With the increasing population in the outlying portions of Chester County, the demand for a more compact civil organization became so imperative that the provincial authorities decided to erect a new county out of a portion of the territory included within the original county of Chester.
Reasons for the demand.
This demand on the part of the inhabitants of the "upper parts" was reasonable, in view of the existing condition of affairs. They represented that they lay under great hard- ships because of being at so long a distance from the Town of Chester, where the Courts of Justice held their sittings, and the public offices were kept. They graphic- ally set forth the difficulties with which the "sober and quiet inhabitants" of that part of the country were beset. in securing themselves against "the thefts and abuses al- most daily committed upon them by idle and dissolute persons who resort to the remote parts of the Province. and by reason of the great distance from the Court or prison, do frequently find means of making their escape."
.1 division de- termined upon, February 20. 1728-9.
Note 8.
These representations induced the Assembly to take action in the premises, upon the address of the Governor, Patrick Gordon. The preliminary steps consisted of the appointment of a Commission of fit and well qualified per- sons to run the division line. It was determined that this commission should consist of six persons from the "up- per" and an equal number from the "lower" part of the county, who were to act in conjunction with the Surveyor of Chester county, in running the lines.
Under instructions, the lines were to be run by the Commissioners, as follows :
Beginning at the most northerly, or main branch of the Octorara Creek, on the lands of John Minshall; thence in a Northeastern direction to the next high ridge of "barren hills," that lead from thence to the Schuylkill River: thence along the hills or mountains, by con- spicuous, natural and durable marks: the whole to be
5I
COUNTY AND TOWNSHIP BOUNDARIES.
bounded on the East, and toward the North, by Octorara CHAPTER 1I. Creek, and the line of marked trees running to the Schuylkill : on the South by the Southern boundary of the Province, and, to lie open on the Westward, till further orders be given herein.
Thus leaving the territory of which Franklin county is now a part to solitude and the savages.
The name of "Lancaster" for the new county is said to have been suggested by John Wright, one of the Commis- Rupp. sioners, a man of most decided force of character, who came from Lancashire, England, and settled on the Sus- 1714. quehanna river, near Columbia.
In due course of time the formal Act of Assembly. erecting Lancaster county, was passed, and although never in form sanctioned by the Crown, became a law by limitation in accordance with the terms of the proprietary charter. Assurances for land for county purposes were taken and a Court House and prison erected by the Com- missioners named in the Act.
For twenty-one years longer the territory, which by the terms of the Act creating Lancaster county, was to lie open on the Westward, till further orders be given herein, con- tinued in that condition, when, by the Act of Assembly creating Cumberland county, the further orders herein, were given.
Petitions in favor of the new county had been presented to the Assembly by William Magaw and James Silvers, numerously signed, as petitions to the Assembly, in those early times always were, by the energetic "indwellers" of the Valley, in their day called the "North" or "Kittoch- tinny." in ours the Cumberland Valley. These petitions were couched in language identical with that contained in the prayer of the petitioners for Lancaster county. To read these early petitions for new counties, is to conclude that the chief concern in the creation of a new civil divi-
May 10, 1729.
Commission : Caleb Pierce, Jolin Wright, Thos. Edwards, Jas. Mitchell.
Cumberland County created. January 27, 1750.
First petitions.
52
WAYNESBORO.
CHAPTER II.
sion of this sort, was to secure the certain punishment of evil-doers, and that the convenience and deserts of law- abiding citizens, were of a secondary consideration.
The territory to be included within this new county, was defined to be :
Boundaries fixed.
York County created, 1749.
"All and singular the lands lying within the Province of Penn'a., to the Westward of the Susquehannah, and Northward and Westward of the County of York ** * bounded Northward and Westward, with the line of the Province, Eastward, partly with the Susquehannah, and partly with the County of York, and Southward, in part by the line dividing said Province from that of Maryland."
Origin of name.
"Cumberland" was the name given to this the second of the offspring of Lancaster; a name, some say, bor- rowed from a mountainous county of England, bordering · on Scotland, which derived its name from the Keltic, Kimbriland; the Kimbric or Keltic races once being in- habitants of the locality called Cumberland in England.
Rupp.
Robert McCoy, Benj. Chambers, David Magaw, James McIntyre, John McCormack.
February 9. 1751.
Commissioners were appointed, as was the custom, to carry out the provisions of the Act. These met with their chief difficulty in connection with a dispute which arose with York county, concerning the boundary line. The Commissioners of the county east of the mountain were as tenacious of their rights as were the representatives of the Valley county to the Westward. York was deter- mined that the Yellow Breeches creek should form a part of the dividing line, whilst Cumberland was equally de- termined that the dividing line should commence oppo- site the mouth of the Swatara creek, and run along the ridge of the South Mountain. When the fact is noted that Col. Benjamin Chambers was a representative upon the one side, and a son of fearless old John Wright (John Wright. Jr.), upon the other, it is not to be wondered at that it required an Act of Assembly to finally adjust the difficulty.
53
COUNTY AND TOWNSHIP BOUNDARIES.
Cumberland county thus constituted remained intact until the necessities of the steadily thriving "dwellers on Conococheague," the inhabitants of the Southwestern portion of the county, demanded a further division of ter- ritory. Numerous petitions were sent to the Assembly, reciting in old-time form, but in rather more decisive and graphic terms, the hardships the people were compelled to endure in traveling the long distance from their homes to the seat of Justice at Carlisle, and the trouble experi- enced in collecting their debts ; these the chief considera- tions, and in the second place, the license given to "felons and misdoers," through the difficulties in the way of con- veying them and their accusers to that seat of Justice.
It can be readily gathered from the Legislative history of the formation of the county of Franklin, that it did not come into existence without there being created among the people quite an intensity of feeling. The efforts to protect and advance the interests of certain rival locali- ties: the partisan spirit awakened between the several candidates for office in the proposed new county and among their friends, and as well the leaven of conservat- ism which as a rule is averse to change in any existing condition of affairs, all operated to cause, as the final ac- tion of the General Assembly was delayed, for one reason or another, no small degree of excitement.
The inhabitants of Lurgan and Hopewell townships, formed one faction who, while on general principles they were not opposed to the creation of the new county, were utterly and wholly averse to being a part of that county, if they were to be compelled to accept either Chambers- burg or Greencastle as the county seat. Their choice was Shippensburg, which lay within the circle of their local interests. They desired this town to be included in the new county, otherwise they preferred to remain in allegi- ance to the old county with all the inconvenience of hav- ing the county seat so far distant as Carlisle. The people
CHAPTER II.
Another division prayed for.
1780 to 1784.
Popular excite- ment in the matter.
Lurgan Township people in oppo- sition.
To the Honorable the Representatives of the Frumen of the the of Firmybanca in General Arguably mit July Sefriend ofthe.
The FAction of the Inhabitants of the Western ind of Cumberland bunt? Humbly Shweh.
That your Pitones thinks it unecefranc to Repeat" the Grievesances they le under on Account of the Awinion of the County not taking polsce before this time , the Security whereof will appear by doventing to our Petitions and Demonstranty now lying on the Honorable House That the Bill for the Division as now Published for Consideration has not # allow dus a Sufficient Boundary . it being only County Six Miles from the branten. line unto the Branch at Shippensburgh the aren't Boundary line and thirty Mine Miles from there to Parquehannah which is left for the old bounty-tiho have all their Buildings perfected That in Justice the Boundary line , should take on Shippensburghand Hopewell denchips whichwill des a Mean of rating us in an Equality with the old bounty- and by no means Prejudicial- That we are Prisibly informed of a number of Designing an
order to be prefered to the Honorable Blouse eating forth matter of them viên , abind, which will fully appear when procuration That your Phones is would farther forway to take the fixing the Seat of Justice with your Serious " . Consideration , and Nominate and afix the same , in the most Suitable place, and most conducere to the happiness of the Inhabitants That any other Jolani or method will be aterized with the utmost Canfew Now on account of self- interested and designing . Men, who daily meter medle with such Matters, mitt thanking , on the least for the Hafenet of the Community at large That the Honorable Stown granting this our Petition will Indice your Petitionen or on study bound will fray -
FACSIMILE OF FRANKLIN COUNTY PETITION AND PROMINENT SIGNATURES.
Que hownells Jahr Potmalaz Dugh Gibles Megamannit
John Ferguson Benja Bambers Josiah brevifor Willem Brother ton Willem Long
%" Lon
Matto Wiefon Chi Migtjohn togas Alex Stewart aty Campbell 20
Jamesl.
John Sheet William Trung.
Jao Campbell
Thor Campbell
John Polhoun. Frances Moore the Holiday
Trannetts Joseph domfloor
James Brotherton. Ge! Armstrong
56
WAYNESBORO.
CHAPTER II.
Note 9.
of Lurgan township were particularly active in opposing the new county with Chambersburg as the county seat. and expressed their views to the Legislature in no uncer- tain language. They made particular point of the fact that their township would be divided; their militia bat- talion and also their religious society would be "separated and thrown into different counties, and that social inter- course requisite in these respects greatly obstructed." They also complained of the expense that would be en- tailed upon them in the erection of new public buildings.
Views of the Chambersburg people.
Another faction consisted of the inhabitants in and about Chambersburg whose chief consideration was to secure that town as the county seat, and to bring within the new county as much as possible of the territory of the old county. Notwithstanding the fact that Shippensburg would prove a powerful rival in the contest for the county seat, their petitions demanded that the territory of the new county should be sufficiently enlarged to take in Shippensburg and Hopewell township, "which will be a means of putting us on an equality with the old county and by no means prejudicial." They also paid their re- spects to the Lurgan protestants and to another county faction (spoken of later), in these terms :
Note 10.
"That we are Credibly informed of a number of Design- ing and Prejudicial Men preparing Petitions in order to be preferred to the Honorable House setting forth mat- ters of themselves absurd which will fully appear when presented. That your Petitioners would farther pray to take the fixing the Seat of Justice into your Serious Con- sideration and Nominate and affix the same in the most Suitable place and most conducive to the happiness of the Inhabitants. That any other plan or method will be at- tended with the utmost Confusion on account of Self-In- terested and designing Men who daily intermedle with such Matters, not thinking in the least for the Hapiness of the Community at large."
A third faction, comprising some of the "Self-interested
57
COUNTY AND TOWNSHIP BOUNDARIES.
Designing Men," above referred to, were the inhabitants about Greencastle and the southeastern portion of the county, including the dwellers in Washington township. In their petition, which was addressed to "the Honour- able the Representatives of the Commonwealth of Penn- sylvania," after calling attention to the fact that a bill was pending providing for the division of the county. and "nominating Chamberstown as the Seat of Justice" for the new county, the petitioners "beg leave to observe,"
"That as the division of the County is Calculated to sute the Convenience of its Inhabitants, the most Plausible method of Distributing Equal Justice, and giving General Satisfaction to the People would be to Leave the fixing of the County Town to a vote of the People: alowing two or more places for the Election to be held at. But least any of the Members of your Honourable Body should be Prejudiced in favour of the place already Nominated, we beg leave further to oberve that Greencastle, a Town laid out about Eighteen Months since, on the crossing of the Main Road leading from Fort Pitt to Baltimore, and the Carlisle Road leading Through Maryland & Virginia: is Equally as Centirable as Chambers Town. There is al- ready Twenty Houses in Green Castle, and a Number more Building: it is much better Situated to draw the Trade of the Back Countrys from Maryland which at present goes Chiefly to Hagers Town, and is so Consider- able as to Enable more than Thirty Persons, Inhabitants of that Place, to carry on Business in the Commercial line : the command of this Trade would, we apprehend, be a considerable advantage, Not only to this County, but to the Commonwealth in General."
This petition in favor of Greencastle as a suitable place for the seat of Justice, was largely circulated in duplicate and numerously signed : the entire southern and south- eastern portions of the county being earnestly in accord as to the selection of this popular locality in the old "Conococheague Settlement." as the county seat.
The history of the rise and progress of the movement
CHAPTER I1.
Views of the Greencastle people.
Note 11.
58
WAYNESBORO.
CHAPTER 11.
First petition to the Assembly.
in the General Assembly of the State to create a new county out of the southwestern portion of Cumberland county, is full of interest and will well repay a careful study, as there is therein much which indicates the drift in a general way, of popular feeling and reveals as well the bent of local political and personal affiliations and antag- onisms.
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