CHAPTER VI

ERECTION AND ORGANIZATION

Need of New Counties–Eight Counties Formed-Boundaries of Beaver County Defined–Commissioners Named–Personal Sketches of First Commissioners–Organization of Courts–Admission of First Attorneys–First County Officers–First Grand Jury–Constables Appointed–Licenses Granted–Justices’ Districts–First Deed and Will–Commissioner’s Report, 1806–Erection of County Buildings–­Civil List–Personal Sketches of United States Senators, Members of Congress and of the State Senate.

Look now abroad-another race has filled

These populous borders–wide the wood recedes,

And towns shoot up, and fertile realms are tilled;

New colonies rise, that toward the western seas

Spread like a rapid flame among the autumnal trees.

BRYANT, The Ages.

WE have seen that at the close of the eighteenth century the distracted settlements of western Pennsylvania were passing from storm to calm; wars and rumors of wars had ceased, and the way was clear for emigration into what was previously forbidden land. After the pacification of the frontier by Wayne’s victory and the treaty of Greenville (August 3, 1795) these districts became so thickly settled that it was evident to all that some relief should be given to the inhabitants thereof by the erection of additional counties, thus saving the people the inconvenience and expense they were under in having to travel long distances to reach their courts of justice. Much controversy had arisen under the operation of the Land Law of 1792, and lawsuits were numerous. The people had need of more accessible courts. Accordingly there was passed by the Legislature of the State, March 12, 1800, (1.) an Act entitled” An Act to

(1.) See Bioren, vol. iii.. p.421; 3 Smith’s L., 26 p. 190, 429­

(end p. 192)

erect certain parts of Allegheny, Westmoreland, Washington, and Lycoming counties, into separate counties,” and by this Act political being was given to the eight counties of BEAVER, Butler, Mercer, Crawford, Erie, Warren, Venango, and Armstrong. (1.)

BOUNDARIES DEFINED

The first section of this Act defined the limits of Beaver County as follows:

That those parts of the counties of Allegheny and Washington included within the following boundaries, viz., Beginning at the mouth of Big Sewickley creek on the Ohio river; thence up the said creek to the

(I ) The necessity of dividing the large stretch of territory north of the Ohio into new counties was apparent to the authorities at least as early as 1796, and the intention to do so is foreshadowed in the correspondence of several eminent men of affairs of that day. Interesting evidence of this is given in the letters written to Governor: Mifflin by Hon. Alexander Addison, one of the most learned jurists of the State, and at that date president judge of the Fifth Judicial District, composed of the counties of Allegheny, Fayette, Washington, and Westmoreland. Writing to the Governor from Washington, Pa., under date of February 3, 1796, concerning the preservation of the property of the State and the sale of the lots on the reserve tract at the mouth of the Beaver, he says:

“Many will settle there next summer. Before a sale the future seat of justice ought to be established there–the county to take place as soon as a certain number, say 300 or 500 families live on the N. W. side of the Ohio, within 15 or 20 miles of the town. This being certified to you on certain proof made the lines of the county on both sides of the Ohio to be ascertained by Commissioners, and declared by proclamation: but no court to be held there until the County Commissioners have built a sufficient Court house and jail, which they should be enabled to do without limitation of price. These sales ought to be made on the grounds, I mean at the town itself. And profits ought to be applied to an academy.

“Indeed, I should think that in all the unsettled parts boundaries of counties and & scites of the county towns ought to be ascertained beforehand and purchases made of 600 or 1,000 acres to be laid out in lots and out lots, and the profits to be applied to academies. The county to be declared by proclamation entitled to a separate representation as soon as the ratio of one member shall be complete, and to a separate judicature as soon as a Court house and jail proper for the purpose shall be finished. This plan would prevent much intrigue and partiality, and would throw the profits into a better channel than they are now in. At present county towns are only means of gain without merit to the owners of the land, who may impose what terms they please on the purchasers.”-Penna. Arch.. 2nd Series. vol. iv.. p. 650.

In another letter, dated Pittsburg, March 11, 1796, he says:

“The idea of a new county ought to be fixed and prosecuted as soon as possible. I dread the consequences of the flood of mad people who have gone over the Allegheny and Ohio to make settlements: their number is inconceivable and they will, perhaps, be dangerous, unless law can be brought in among them. The establishment of a new county and seat of justice there, with the additional number of officers that would be occasioned. by that, would awaken and keen up a sense of submission, and have a good influence on characters and tempers, which otherwise may give rise to some apprehensions.“–Penna. Arch., 2d Series. Vol. iv., p. 650.

To the same effect is a letter written by General Josiah Harmar to Governor Mifflin, dated from “”Harmar’s Retreat” (on the east bank of the Schuykill near Gray’s Ferry), December 27, 1796, and reading as follows:

“DEAR GOVERNOR:–Be pleased to receive the enclosed letter from Captain Denny. He informs me that there is reason to expect several new counties will be laid off to the westward of Pittsburgh, this winter, in which case he has solicited my influence to interest myself with you in his behalf. The commission of prothonotary, with the recorder’s office attached, would answer his wishes. If those new counties should be laid off, I beg leave, in a particular manner, to recommend Captain Denny, as a man of honor and probity, and. capable of filling such an office.”–Military Journal of Major Ebenezer Denny. Lippincott & Co., 1859. p. 269.

Vol . I.–13

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west line of Alexander’s district of depreciation lands; thence northerly along the said line and continuing the same course to the north line of the first donation district; thence westerly along the said line to the western boundary of the State; thence southerly along the said boundary across the Ohio river to a point in the said boundary, from which a line to be run at a right angle easterly will strike White’s mill on Raccoon creek, and from such point along the said easterly line to the said mill, leaving the said mill in the county of Beaver; thence on a straight line to the mouth of Big Sewickley creek, the place of beginning; be, and the same is hereby erected into a separate county to be henceforth called Beaver County; and the place of holding the courts of justice shall be at Beavertown, in the said county. .

The commissioners to be appointed by the Governor (three, any two of whom could act) were required to run and mark the boundaries of the county by the fifteenth day of June following, and were to appoint assistants to take the enumeration of the taxable inhabitants. Until such enumeration could be made Beaver County (also Butler) was to remain with Allegheny County and under the jurisdiction of its courts. The Act also names Jonathan Coulter, Joseph Hemphill, and Denny McClure as trustees for the county to erect the court-house, jail, and public offices for preserving the records. (l.)

(1.) Jonathan Coulter came to what is now Beaver County in 1798 or 1790, and made a settlement on 185 acres of land up Two Mile Run. His settlement was confirmed by warrant and survey in 1804. This tract of 1and was bounded on the south by the line of the Reserve tract, on the west by tract No. 39 in McLean’s district, later the farm of James Lyon, and later still known as the Marks farm; on the north by the farm of John Small, afterwards owned by Henry Small; on the east by the plantation of John Bean, and in a later day by the land of Thomas English, Joseph Hemphill and John Small, who owned part of the Bean tract. In 1802 Coulter was living on in-lot No. 27, in the town of Beaver. He was an innkeeper and a justice of the peace. He was twice sheriff of Beaver County, from 1806-’09, and again 1812-’15. In 1807 he was elected a Lieutenant-Colonel in the militia, and while sheriff he was a candidate for the State Senate in 1808. The district was composed of the counties of Allegheny, Beaver and Butler. The vote was as follows:

Allegheny Beaver Butler Total

Abner Lacock…………………….. 2109 1082 862 4053

Nathaniel Irish…………………… 2117 1073 871 4061

Jonathan Coulter………………… 1241 410 231 1882

James Semple…………………….. 1258 394 223 1875

Coulter married a Miss Mary Wilson, sixth child of Thomas Wilson. who was the great-­grandfather of Hon. James Sharp Wilson, the present judge of Beaver County. The Wil­sons came from Lewisburg, Union County, Pa., and possibly that was also Coulter’s home, though this is not known. Nor is the date or place of his decease now ascertainable.

We have not been able to learn much about Denny McClure. He was an innkeeper in the village of Sharon in 1802. As such he would dmibt1ess have had as his guests the emigrants who came into and passed through the county in that great movement of population which began after Wayne’s treaty with the Indians in 1795. The long trains of Conestoga wagons passing westward would stop at his house, for Sharon was the halting­-place for all the teamsters before double-teaming up Brady’s hill On July 27, 1802, Joseph Hemphill laid off ten tots on part of out-lot No. 42, for “Major Denny McC1ure.”

(end p. 194)

ORGANIZATION OF COURTS

The county was organized for judicial purposes by Act of April 2, 1803, (1.) but no court was held until February 6, 1804. A house on Third Street, owned by Abner Lacock, and known later as the Clark Hotel, was the place where the first court sat. At this court the Hon. Jesse Moore presided. He was the president judge of the Sixth Circuit, which was composed of the counties of Beaver, Butler, Crawford, Mercer, and Erie. His associates were Abner Lacock, John H. Reddick, and Joseph Caldwell. Abner Lacock having resigned on his election to the General Assembly, David Drennan was appointed to fill the vacancy and took his seat on the 5th of February, 1805. On the death of Joseph Caldwell, the vacancy on the bench was not filled, the number of associate judges having, in the meantime, been limited by law to two, John H. Reddick and David Drennan continued together until 1830, when the former died, and Thomas Henry was commissioned May 19, 1830, by Governor Wolf. Judge Drennan died in 1831, and on the 19th of August that year, Joseph Hemphill was commissioned by the Governor. In 1806, Beaver County was transferred from the Sixth to the Fifth Circuit, and Samuel Roberts became president judge of this county as part of his district. We shall not follow farther in this place the succession of president and associate judges, as that has been done in the chapter on the legal history of the county (Chap. IX.), where also biographical notices of the judges are given.

At the first court held in this county, February 6, 1804, the following gentlemen, attorneys in the Fifth Circuit, were admitted to practise in Beaver County, viz.;

Alexander Addison, Thomas Collins, Steele Semple, A. W. Foster, John Bannister Gibson, Sampson S. King, Obadiah Jennings, William Wilkins, Henry Haslet, James Allison, Jun.,

From his having this title of major, we may suppose McClure had had some military experience, perhaps in the Revolutionary War or in the militia. May 21, 1803, McClure con­ eyed to Thomas Evans Nos. 9 and 10 of this plan, consideration, $800. August 16, 1803, McClure conveyed to Jesse Hart Nos. 4 and 5 of the same plan, and Hart sold the same lots to Robert Darragh, June 14, 1807, for $800. These lots adjoined the lot of James Hamilton and both fronted 110 feet on Water Lane. In May, 1803, McClure sold to George Holdship and James Alexander a part of out-lot No. 42, about six acres.

A sketch of Joseph Hemphill will be found in our chapter on the Bench and the Bar of the county.

(1.) P. L., 637.

(end p. 195)

John Simonson, David Redick, Parker Campbell, David Hayes, C. S. Sample, Henry Baldwin, Thomas G. Johnston, Isaac Kerr, James Mountain, Robert Moore, and William Ayres. (1.)

From the Attorneys’ Register it would appear that two others, William Larwill and William C. Larwell, were admitted at the same time. We might suppose that there is a clerical error here, and that the names, so nearly alike, belong to one and the same person, but for the fact that the Appearance Docket shows that they were separately sworn.

David Johnson, who was the first teacher in the Academy at Canonsburg, Pa. (July, 1791), was the first prothonotary of Beaver County, as well as the first register and recorder, the offices being at that time held by one person. He was a very able officer, and opened the record books of the county in an elegant manner. Mr. Johnson died in 1837 at the advanced age of ninety-five.

The first sheriff of the new county was William Henry; the first treasurer, Guion Greer; the first prosecuting attorney, James Allison, Jr.; first coroner, Ezekiel Jones. (2.)

1. Biographical data concerning many of these gentlemen will be found in Chapter IX.

2. William Henry, the first sheriff of Beaver County, was born in County Down, Ireland, in the year 1777. He was the oldest son of William and Jane (Patton) Henry, who emigrated to America in 1783, and settled near Havre de Grace, Maryland. In 1794, the family removed to Peter’s Creek, Washington County, Pa., and were there during the Whisky Insurrection, but took no part in it. In the summer or fall of 1795, William and his brother Thomas, then fourteen years of age, settled in what was later Beaver County and now Wayne township, in Lawrence County, making a small clearing and building a cabin thereon. They returned to Peter’s Creek, and in the following spring (1796) the fami1y removed to their improvement. William and Thomas were both carpenters. They built the first hewed log house between the Conoquenessing Creek and New Brighton, on what is now known as the Whisler farm. In 1798, William and Thomas moved to Beaver, pursuing their occupation as carpenters. In 1800, William took the first census of Beaver County, and in 1803 he was appointed sheriff by Governor Thomas McKean to serve three years. In 1809, he removed to where Canton, Ohio, now is, and afterwards laid out the town of Wooster. He was an excellent judge of the qualities of land and became very wealthy. William Henry’s bond as sheriff was fixed at $5000, and was signed by David Drennan, John Lawrence, James Alexander, James Moore, and Guion Greer. He died at Wooster shortly after the close of the Civil War.

Of Guion Greer, the first treasurer of Beaver County, we have no data. A few facts concerning him may be found by reference to the genera1 index.

A sketch of James Allison will be found in Chapter IX.

Ezekiel Jones and his wife, Hannah, came from New Jersey to what is now Beaver County, about the year 1800, settling within the bounds of the present township of North Sewickley (previously Sewickley), where they became active in the early social and religious affairs of the county. See account of Providence Baptist Church under the above-named township. Beaver County Warrant Book No. I, page 17, contains the following reference to Jones:

“Ezekie1 Jones enters his warrant for 400 acres of land Dated. Feb’y 12, 1803, situate in Sewickley Township & on the road that leads from Allen’s mill to Beaver Town where it crosses Conoquenesing creek.”

(end p. 196)

The members of the first grand-jury at the February sessions of 1804 were: John Lawrence (foreman), David Drennan, Robert White, Samuel Arbuckle, Guion Greer, Thomas Evans, George Holdship, James McDowell, Joseph Mitchell, Joseph Hoopes, Nathan Stockman, John Baird, John Christmas, John Beaver, John Boyd, Esq., John Sharp, Matthew Brooks, David Townsend, and William Orr.

At the same sessions nine constables were appointed, as follows: George Bail, borough of Beaver; Samuel Allison, First Moon township; Thomas Dawson, Second Moon; Archibald Woods, Hanover; Robert Johnson, South Beaver; Conrad Henning, Little Beaver; Thomas Lewis, Big Beaver; Andrew Wilson, North Sewickley, and Richard Waller, New Sewickley. Wilson was excused by the court on account of illness.

At the same sessions the following persons were recommended to keep public houses of refreshment in the county: Joseph Hemphill, Beaver; Robert Graham, Moon township; Allen Tucker, Sewickley township; and William Moore and Thomas Porter, Moon. At May sessions, the following were added to the list: John Boies, Hugh Cunningham, and Thomas Ross, South Beaver township; John Bradley, George McClelland, Nathaniel Blackmore, Isaac Lawrence, and Daniel Weigle, Moon township; John Smur, George Greer, and Jacob Mosser, Little Beaver township; Mattison Hart, New Sewickley; Jonathan Harvut and Jonathan Guthrie, Hanover; and Samuel Johnson, Benjamin Beatty, and Abner Lacock, of the borough of Beaver.

On the 15th of August, 1803, the commissioners, John McCullough, James Boies, and James Alexander, in compliance with an Act of the General Assembly, laid out the county into Justices’ Districts, as follows: The First and Second districts, south of the Ohio River–First, with 246 taxables and David Scott, justice; Second, with 291 taxables and Samuel Glasgow and William Little, justices; the Third District including half of the county west of the Big Beaver Creek and north of the Ohio River, with a taxable population of 433 and John Lawrence and Jonathan Coulter, justices; the Fourth District, the north half of the county west of the Big Beaver–246 taxables, with John Sprott, justice; the Fifth District, north of the Conoquenessing and east of the Big Beaver–116 taxables, with

(end p. 197)

William Conner and Sampson Peirsol, justices; the Sixth District, all south of the Fifth to the southern line of the county, with 143 taxables and with no justices appointed. Total taxable population, 1475. These officers were appointed by the governor of the State.

Other early justices in the county, with their districts and the dates of their commissions from the governor, were as follows:

John Boyd, for District No.2, April 2, 1804; William Harsha, No.2, April 2, 1804,; George Holdship, No.3, April 2, 1804; Martin Holman, No.4, April 2, 1804; William Leet, No.6, April 2, 1804; William Clarke, No. 3, April 1, 1805; David Potter, No. 4, April 1, 1805; William Forbes, No. 4, April 1, 1805; John Watts, No. 3, April 1, 1806; David Johnson, No. 3, April 1, 1806; Samuel Johnston, No. 3, July 4, 1806; John Johnston, No. 4, April 1, 1807; Thomas Foster, No. 2, July 4, 1807; Thomas Wilson, No.6, March 29, 1808; David Patton, Jr., No. 1, Sept. 30, 1808; Jacob Woodruff, No.4, Sept. 30, 1808; Thomas Henry, No.3, Dec. 24. 1808; William Lowry, No. 4, March 31, 1809; Michael Baker, No. 1, March 31, 1809; Daniel Christy, No. 1, April 8, 1809; Samuel Jackson, No.3, Dec. 21, 1809; Nicholas Venemon, No.5, April 5, 1810; John Clark, No.4, June 7, 1810; Samuel Glasgow, Hanover township, com. dated Feb. 23, 1801, recorded Nov. 30, 1810; Stanton Shoals, No.6, April I, 1811; James Cochran, No.4, Aug. 27, 1812; David Findley, No.3, March 18, 1813; William Reno, No.6, Sept. 8,1813; James Logan, No.3, Dec. 15, 1814; Thomas Taylor, No.3, March 8, 1815; John Edgar, No. 4, May 9, 1815; Charles S. Reno, No.3, May 10, 1815; John A. Scroggs, No.4, Sept. 25, 1815; John Harsha, No.2, Jan. 26, 1816; James Lake, No.2, Jan. 26,1816; David Gordon, No.2, Jan. 26, 1816; James Bell, No.6, April 22, 1816.

The first deed on record in the county is of interest. It is a conveyance by Joseph Pentecost and his wife Mary of lot No. 74 in “McIntosh at the mouth of Big Beaver creek formerly in Allegheny County, but now in Beaver County,” to Wilson, Porter & Fulton, merchants or traders in Beaver. This lot was on Third Street, with a frontage of 120 feet and a depth of 300 feet. The consideration was one hundred and fifty dollars, and the deed is dated August 19, 1803, and was recorded the 18th of November of the same year. This property had been obtained by Pentecost from Andrew Johnston, of County Fer­managh, Ireland, February 13, 1799.

The first will recorded is one made by George Riddle, March 18, 1803. The witnesses to this will were Absalom Severns, Ezekiel Jones, and Jacob Myers, and the executors were Mary Riddle and George Brown.

(end p. 198)

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