150 - HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA.

schools, when she became one of the first teachers under the law in Shippensburg. The use of maps and globes in her school was a feature that distinguished it from most of the schools of that day.

In Silver Spring township, as early as 1809, a school was taught by Andrew Boden, a local Methodist minister. The same school was subsequently taught by Henry De Lipkey, a German, who left his native land at the time the Hessians crossed over, rather than marry, in conformity with his father's desire. His terms, as gathered from a former pupil, were $7.20 per year, or $2.00 per quarter. He taught this school from 1812 to 1816, and was considered a good teacher. How well his case is described by Goldsmith I cannot say, but it is admitted that " a man severe he was." After him came Arthur Moore, — Kinslow, John Stevenson and Michael Boor. Of other schools in the township, one was taught as early as 1804 by Adam Longsdorf, another by — Dunn, who was succeeded in 1809 by — Weakley, said to have been a good teacher. In 1817 William Jameson, of English descent, well educated, taught in this township. His forte seems to have been arithmetic, to which subject his pupils gave special attention.

About the year 1809, we have, in Allen township ____ Durborrow, of good repute as a teacher. Following him in order at the same school were _____ Pittinger, ____ Bausman, and G. F. Cain. Of the last named the writer has a clear recollection, and can hear him, as if it were but yesterday, when the subject of corporeal punishment in the schools was being discussed in one of the earlier county institutes, advocate his views by saying that he did not approve of an indiscriminate use of the rod, but when he " observed a boy who was working for a whipping, he was not the man to disappoint him."

To the older inhabitants of Carlisle the names of Capt. John Smith, — Wales, — Webber, Samuel Tate, Mrs. Shaw and Gad Day are familiarly associated with their school days.

Of the school houses built during the last century a few are still standing, occupied generally as dwellings. A peculiarity in the construction of most of them was the windows. One of these usually contained ten or twelve panes of glass arranged side by side, making the window the height of one pane, and the length of ten or twelve, in two sashes, one sliding each way. The others were generally arranged in the form of the windows of the present houses, being about three feet square. In a number of cases a partition was cut about six feet from the school room, making an apartment six by eighteen or twenty feet. That one stove might serve both apartments, it was placed in an opening in the partition, partly in each room. The extra room was designed to accommodate such fuel as was kept under cover, and was a lodging for the teacher.

In Hampden township, half a mile north of Shiremanstown, stands a school house built in 1797, which is still occupied for school purposes. Its history is as follows : A German Reformed congregation, organized in the eastern portion of the county shortly before this, agreed to build a house for school purposes, and in which to hold their religious meetings until a church should be built. John Schopp, having built a new dwelling house, had the old one for sale, and this was bought for the purpose above stated.

It was built of logs and contained originally two apartments. The benches of the olden time were soon replaced by others of more modern construction. With its weatherboarded exterior, portico in front and plastered walls and ceiling, it would not be judged to be an octogenarian.

This was originally a Parochial school, as were most of the early schools, and was under the joint control of the German Reformed and Lutheran congregations which occupied the church adjoining. In articles of agreement between the two congregations, dated May 18th, 1806, regulating the use of the church by the respective congregations, it is stipulated that " The choice or election of a school master shall be jointly by both congregations, in which case a majority shall be decisive."

DICKINSON COLLEGE.

The account of Dickinson College in the general history until the commencement of Dr. Atwater's administration as Principal in 1809,* makes it needless to speak of that institution before that period. We insert here a continuation by the same hand :

" The Legislative appropriation of 84,000, and liberal contributions from private sources, enabled the College to make large additions to its philosophical apparatus and its library, to finish off its main building into rooms for students and for recitations, and to augment its faculty by two professors and two tutors. The number of students increased so that the graduating class of 1812 was the largest which had left the institution for twenty years. But serious difficulties soon arose on account of the disagreement between the Trustees and the Faculty, respecting the internal affairs of the College. The interference of the former in the discipline of the students was so offensive to the Faculty that Dr. Atwater and two of the professors resigned, and Dr. John McKnight, the President of the Board, was induced to act as Principal. Near the same time seven of the Senior class enlisted in the army, and five of the Junior class became so involved in a duel between two of the students that they were obliged to leave. The collegiate exercises were soon afterwards suspended for about six years (1816-21). Funds were then obtained, the lands which had been granted by the state were exchanged for $6000 in hand and securities for $10,000 in five annual installments; and the Board proceeded to repair and finish their buildings and to organize a Faculty. Liberal salaries were voted, and such inducements were held out as seemed likely to secure the highest talents and acquirements. Dr. John M. Mason, Of New York, was finally obtained for Principal and the professorships were filled with men of high reputation. The number of students almost immediately became respectable, and the class of 1823 consisted of nineteen and that of the next year was twenty-four.

Unfortunately the health of the Principal soon gave way, so as to disqualify him for his duties, unpleasant rumors began to circulate respecting political influences in the College, and it was said that another suspension would become necessary when the installments due from the State were exhausted.. Students were unwilling to enter or to remain where the prospect of graduation was so uncertain. Dr. Mason resigned May 1st, 1834, and Dr. Wm. Neill, of Philadelphia, was chosen in his place. In 1826 the Legislature granted an annuity of 83000 for seven years on certain conditions, among which were the provisions that not more than one-third of the Trustees should be clergymen and that on each of the seven years, a full statement of the financial condition of the College should be presented to the Legislature. In the mean time a bitter controversy sprung up within the Board of Trustees and between that Board and the Faculty of the college, disorder and insubordination ensued among the students, and there seemed to be no power to correct the evils. A vague charge of sectarianism and improper political influence was followed by an excited investigation before the Senate of the state (Dec., 1827), which resulted in an honorable acquittal, but nevertheless had a disastrous effect on the institution. In 1829 the salaries

* See pp. 103*6.

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of the principal and professors were reduced back to the former amounts, when the entire Faculty handed in their resignations which were accepted. Rev. Joseph Spencer, the rector of the Episcopal church of Carlisle, and for sometime professor of languages, performed the duties of Principal for a year, when Samuel B. How, D. D., of New Jersey, was elected to that office and three professors were obtained. Difficulties, however, soon arose, and after the graduation of two small classes the operations of the College were again suspended (March 26, 1832).

A few days before the suspension, a suggestion was received by the Board that the Baltimore Conference of the Methodist Episcopal Church was proposing to establish a college, and an inquiry was made whether Dickinson College could not be brought under the auspices of that body. After some conference between committees, it was agreed that the college edifice and all its appurtenances should be placed under the care of the Baltimore Annual Conference, the members of the former Board of Trustees one after another resigned, and as each seat became vacant it was filled by the election of some one named by the Conference until an entire Board acceptable to that body was obtained. The Philadelphia Conference was soon after associated with that of Baltimore. The liabilities of the College were assumed by the new Board, but these were much more than covered by the buildings, libraries, cabinets, apparatus, a small bank stock, and a claim on the state for one more of the seven installments which had been promised in 1826. Rev. Dr. John P. Durbin was chosen Principal, a new department of Law was organized, the charter of the College was amended so as to accord with the new arrangements, forty-eight thousand dollars were raised for the general use of the institution, a grammar school preparatory to the college was started, a corps of professors was organized, and after a recess of two years and a half the College was opened for the reception of students. The former building was repaired and improved, a brick building was purchased (about 1835) on the opposite side of Main street for the Preparatory Department, library and philosophical apparatus ; and in 1836 a new college edifice was erected on the east end of the campus. Dr. Durbin continued in office as Principal for twelve years, during which time the College flourished. He had the assistance of men who were eminent in their departments, such as Professors Merritt Caldwell, Robert Emory, John McClintock, and Wm.. H. Allen, all of whom were afterwards distinguished, though some of them met an early death. Dr. Durbin resigned in 1845, and he was followed by Dr. Emory (died 1848), Dr. Jesse T. Peck (resigned in 1852), Dr. Charles Collins, under whom the number of students reached the maximum of two hundred and forty-five, (resigned in 1860), Dr. Herman Johnson (died in 1868), Dr. R. H. Dashiell (resigned in 1872), and the present incumbent Dr. J. A. McCauley. In 1851 a plan of endowment by the sale of scholarships, giving four years' tuition for twenty-five dollars was inaugurated which proved so far successful as to add largely to the number of students and the amount of funds. In 1866, the centenary year of Methodism, more than one hundred thousand dollars were added to the endowment. The course of study has been enlarged by the addition of elective scientific and biblical courses in the Junior and Senior years. The present productive endowment is more than one hundred and seventy thousand dollars, with valuable property unproductive at present but promising something in the near future. Its libraries including those of the literary societies contain 28,000 volumes, some of which are rare and difficult to be duplicated. The philosophical and chemical apparatus and collections in natural history are large and annually increasing. It has the usual classical course of American colleges, with elective scientific and biblical studies in the last two years in place of ancient language's and mathematics, and a Latin scientific course of three years in which Greek is not required and the completion of which entitles to a degree.

Its Faculty at present consists of Rev. J. A. McCauley, D. D., Principal, and Professors Charles F. Himes, Ph. D., Rev. Henry M. Harman, D. D., James H. Graham, L. L. D., Rev. Charles J. Little, A. M., and Rev. J. A. Lippincott, A. M. Among its 440 alumni, one has been President of the United States, one Chief Justice of the Supreme Court of the United States, one a Justice of the same Court, two District or Territorial Judges, three Justices of State Supreme Courts, two Senators in Congress, ten Representatives in Congress, eleven Presidents of Colleges, sixteen Professors in Colleges, sixty-eight ministers of the gospel, one Bishop of the Protestant Episcopal church, and one Governor of a State."

CLASSICAL SCHOOLS.

A Classical school was in operation in Carlisle, prior to the Revolutionary war. The date of its organization was most probably 1760. In the appendix to Sypher's History of Pennsylvania, he says a classical school was organized in Cumberland Valley in 1760. In 1776 this school was broken up in consequence of the war, a number of the students, and the principal, having enlisted in the patriot army. At this time it was in charge of Rev. McKinley. Of its students, were Dr. George Stevenson, father to the present Dr. T. C. Stevenson, of Carlisle, and John Armstrong, Jr., afterwards General, Senator, Minister to France, and Secretary of War under President Madison.

As early as 1781 mention is made in the records of Carlisle Presbytery of select or classical schools in Chambersburg and Carlisle, Under date of April, 1781, it is said, that " John Montgomery, Robt. Miller, Saml. Postlethwaite, Dr. Sarni. McCoskry, Wm. Blair and others, who have oversight of a grammar school in this place, (Carlisle), desire a conference with Presbytery on the subject of the school.. They represent their desire that Presbytery would appoint a committee of their number from time to time, to examine the same, at least twice a year ; they further represent that it is their desire to enlarge the plan thereof, and apply for a legal charter for it as an academy under proper regulations, and they desire leave to mention some members of Presbytery to be appointed, together with others, as trustees of said academy." The following persons were named as trustees : Messrs. Craighead, King (of Mercersburg), Black (of Gettysburg), Wm. Linn (of Big Spring), and John Linn. The committee asked was appointed and instructed to visit the school three times a year, and Presbytery passed a resolution commending the acts of those who had the oversight of the school.

Presbytery met at Hanover in 1782 and appointed a committee to examine the grammar school at Carlisle, and in April, 1784, met at " East Canogocheig" (now Gettysburg), and again appointed a committee for the same purpose. In April, 1786, Presbytery appointed a committee to examine the Latin school at Hagerstown, another to examine a grammar school at Chambersburg, and Messrs. Cooper, Craighead and Waugh to examine a grammar school at Shippensburg.

Henry Duffield organized " Carlisle Institute," a classical school, in 1831. The classical department was in charge of Jno. A. Inglis, a graduate of Dickinson College, now judge of a court in Baltimore.

152 - HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA.

Data from which to determine the period of its Existence are wanting. It enjoyed a liberal patronage.

The Mary Institute, located in Carlisle, was founded in 1860, under the auspices of the Episcopal Church. It was devoted to the education of young ladies, and was chartered by the Legislature of Pennsylvania in 1865. It was in charge of Rev. Francis J. Clerc until the fall of 1866, when he was succeeded by Rev. Wm. C. Leverett. His successor was Mary. W. Dunbar, under whose charge the Institute remained until it was closed several years ago.

The report of the State Superintendent of schools for 1838 mentions a female seminary in Carlisle, with 64 pupils, an annual revenue from the State of $500, and from donations and subscriptions of $2.000 M. The report for the next year reports revenue from donations and subscriptions at $200. My inquiries, addressed to a number of the friends of education in Carlisle, failed to elicit any information in reference to this seminary.

Hopewell Academy, so named from the township in which it was located, was situated a short distance south of Newburg. The date of its establishment is not positively known, but it was about the fall of 1810. The building used, was a plain log structure, situated on the farm occupied by the principal, and supplied with furniture of the most primitive character.

Mr. John Cooper, the founder of this academy, was its only teacher. He filled this position until about the year 1832, when failing health compelled him, to relinquish it, and the school was closed. He was a graduate of Dickinson College, and is said to have been peculiarly adapted to the work in which he was engaged. The school was designed to be a classical school, and giving instruction in the languages formed the main employment of the principal. A few, however, of the pupils pursued the study of mathematics. Its patronage was mainly from Cumberland county, although not an inconsiderable portion was drawn from Franklin and Dauphin. Many who afterwards became distinguished in the learned professions were pupils of Hopewell, prominent among whom stand Rev. Samuel A. McCoskry, Bishop of the Prot. Episcopal church, of the Diocese of Michigan, Hon. H. M. Watts, late Minister of the U. S. to the Court of Austria, and Alfred Nevin, D. D., L. L D , of Philadelphia.

In 1835, a Mr. Casey opened a classical school in Newville, which continued in operation for a number of years. Nine years later Mr. R. French organized a classical school which he maintained for two Years, when, dying, he was succeeded by Mr. Kilborn. Three years later, Mr. W. R. Linn took charge of the institution, from which time it was known as Big Spring Academy. In 1852, Mr. Linn associated with him Rev. Robert McCachran. The school remained under their joint charge until it closed some years later.

White Hall Academy, situated in East Pennsborough township, was organized May 4, 1851. Mr. David Denlinger was principal and proprietor, and the institution remained under his management until November, 1867, having, in 1866, been converted into a soldiers' orphan school, under the principalship of D. Denlinger.

In Nov., 1867, Messrs. F. S. Dunn and J. A. Moore purchased the establishment, and the school remained under Capt. Moore as principal until March, 1875, when Messrs John Dunn and Amos Smith became the proprietors. Until March, 1877, Mr. Dunn remained at the head of the school as principal, when it again passed to the charge of Capt. Moore. This has been one of the most successfully managed of the state schools, both as respects the care of the children and their education.

Several years prior to 1843, Mr. F. L. M. Gillelen opened a select school in Mechanicsburg. The enterprise proved successful, and, having been purchased by Rev. Joseph S. Loose, A. M., was removed, in 1853, to a building erected for that purpose ; since which time it has been known as " Cumberland Valley Institute." The classics and higher mathematics are included in its course of study. Mr. Loose remained at the head of the institution until succeeded by Mr. I. D Rupp, in 1857. In 1858 Messrs. Lippincott, Mullin and Reese took charge of it, conducting the school until 1860, when it was purchased by its present proprietor, Rev. 0. Ege, and it- has since been conducted by him and his son, Mr. A. Ege, A. M. Originally it was conducted for males and females, recently for males only.

In 1856, Mr. Solomon P. Gorgas founded Irving Female College, situated in what was then known as Irvington, lying east of Mechanicsburg, and now embraced within its limits. It was fully incorporated by the Legislature of Pennsylvania, in 1857, and empowered to confer degrees, with all the rights and privileges of the most favored institutions, under a board of trustees, with power to fill vacancies occurring in their body. From its organization it was presided over by Rev. A. G. Marlatt, up to the time of his death, in 1865. Rev. T. P. Ege then became President of the college, which position he still fills.

This institution, as its name implies, is designed for the education of ladies. It has enjoyed a liberal patronage. Its course of study embraces four years, in addition to a preparatory course. The graduates number one hundred and forty-one. The literary societies are the " Ivy Leaf" and the " Olive Branch."

The college building, which stands in an artificial grove, is a substantial brick structure, of modern architecture, and well adapted to the purpose for which it is used. It has capacity to accommodate forty boarders, in addition to day scholars.

Shippensburg Academy, located in Shippensburg, was opened for the admission of pupils October 6, 1861, by Mr. D. A. L. Laverty, who was principal during the first year. Next year Mr. L. associated with himself Mr. D. A. Stroh, and the success of the enterprise was such, that in the fall of 1853 a female department was opened. The year closed with a patronage of 137 pupils. Rev. Wells, of New Jersey, acted as principal next year, and was succeeded by Mr. D. W. Thrush. At the close of his administration the school became a stock concern, known as " The Shippensburg Collegiate Institute," with Rev. James Colder, now at the head of Pennsylvania Agricultural College, as principal. His successors were Dr. Robert L. Sibbett, Rev. Messrs. J. Y. Brown, and -- Vaughan and Miss McKeehan. The school enjoyed a fair patronage and exerted a favorable influence on the educational sentiment of Shippensburg and vicinity.

The Sunny Side Female Seminary was opened in the borough of Newburg in the fall of 1858, under the management of a board of trustees, with Mrs. Caroline Williams, a lady of fine accomplishments, and full of energy, as principal. Shortly after its organization it was chartered by the Legislature, and subsequently it issued diplomas to its graduates. Under the principalship of Mrs. W. it flourished for several years, when she married Rev. Daniel Williams, who insisted upon assuming the management of the school, a position for which he had no aptness, and as a result the school declined and was closed in five or six years.

In the fall of 1848 a select school was opened in Kingston. The course of study included the classics and higher mathematics. The first principal, Mr. A. W. Lilly, and also his successor, Mr. J. H.

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Cupp, was a graduate of Pennsylvania College. Both have since entered the ministry. The patronage of the school, which was drawn from the immediate neighborhood, numbered about thirty. Among those who were pupils in this school was A. L. Snowden, now better known as Col. Snowden, Philadelphia's postmaster. The history of this school covers a period of from two to three years, when it ceased to exist.

Academies and Select schools were established in different parts of the county in the past, which accomplished their mission in periods of time ranging through several years.

COMMON OR FREE SCHOOLS.

For some years prior to the passage of the school law of 1834, generally known as the " Common School Law," the subject of free schools was considerably agitated. Meetings were held in different parts of the county, the subject was discussed, and petitions to the Legislature, asking for the passage of a law establishing a system of free schools, were circulated for signatures. Fourth of July celebrations, mechanics' meetings, and public assemblages generally, incorporated educational resolutions and toasts in their proceedings.

The adoption of the free school law, approved April 1st, 1834, opened a new era in the history of education in the county. This law had the cordial support of both our members of the Legislature, Messrs. Michael Cocklin and Samuel McKeehan, and, as indicated by the action of the citizens, was generally approved by them.

The newspapers of the county state that the law was adopted in all but three of the townships, but failed to designate them. The report of the State Superintendent, dated Dec. 5th, 1835, says thirteen districts accepted Nov. 4th, 1834, and in a subsequent report he says that in 1834 there were thirteen accepting districts, three non-accepting, and one not reporting. In the statistical tables which accompany the report of Dec. 5th, 1835, Mifflin is the only township appearing, and reports six schools, six male teachers, and one and one-third as the average number of months the schools were in operation. etc.

Under the date of Oct. 31st, 1835, Allen reports : " No school in operation for want of funds—directors say that one of the County Commissioners stated that no money could be drawn from the county treasury for school purposes." Carlisle, under date of December 17th, 1835, says : " No school in operation—fund inadequate, and deemed prudent by the directors not to commence at present."

From information at hand, it would seem that in 1835, after the first experiment in holding free schools under the law, there was a reaction in the sentiment of the people. The State Superintendent in his report of 1838, says, in 1835 there were five accepting districts, six non-accepting and seven riot reporting. It will be observed above that thirteen are reported as accepting in 1834. This backward step did not, however, long stand to the discredit of the county, for in the report for 1836 by the Superintendent eighteen districts are reported as accepting. This was the full number in the county. As early as Nov. 27th, 1834, the " Volunteer" says; " This unequal, unjust and odious law which was passed at the last session of the Legislature with great unanimity, and was carried in all the boroughs and townships of this county but three, is now extremely unpopular everywhere. Even in this borough (Carlisle), where school directors were elected in September last, by more than three to one, the citizens, on Saturday last (22nd), voted down any and every proposition for an appropriation. The more the subject is discussed by the peo ple, who adopted it rashly and without due reflection, the more odious and unseemly it becomes. Many of those who were its warmest advocates but a short time ago, are now its most decided opponents ; for they see how unequally and unrighteously it would operate on the productive classes of society."

JOINT CONVENTIONS.

The law provided for calling a " Joint Convention," to be composed of the County Commissioners and one delegate from each district, to determine whether a county appropriation should be made in support of the public schools. Districts voting in the negative could not receive any portion of the state appropriation, nor were they required to open free schools, but were required to continue the pauper system. Each district could, in addition to the state and county appropriations, raise an additional sum by the taxation of its citizens.

In the first joint convention, held Nov. 4th, 1834, sixteen districts were represented by the following delegates (districts are not named in the record) : Michael Cocklin, Wm. M. Biddle, Abraham Stehman, David Bloser, Abraham S. McKinney, John Coover, Robert Lusk, Peter Hall, John Moore, John Lehn, E. Kilgore, Lemuel Davis, Alexander Kelso, John Craighead, John Fireobed, Sr., and Samuel McKeehan. The convention voted to lay a tax of $3000.

The joint convention of May. 1835, contained delegates from twelve districts, as follows :

Allen—William Harkness, Carlisle—John Zollinger, Dickinson—Joseph Stayman, Frankford—William Logan, Monroe—John Brandt, Mifflin—Robert Lusk, Newville—John Moore, Newton—Robert Kennedy, North Middleton—Abraham Waggoner, Shippensburg boro'-- John Donovan, Shippensburg twp.—James H. Wallace, and West Pennsboro'—Samuel McKeehan. I have been unable to discover any record of the transactions of this convention.

In the convention of May, 1836, the last one held before this feature of the law was repealed, every district was represented as follows :

Allen—Jacob Shelly, Carlisle—James Hamilton, Dickinson — David W. McCulloch, East Pennsboro'—Christian Stayman, FrankfordWilliam Logan, Hopewell—Abraham S. McKinney, Mifflin—Robert Lusk, Monroe—Jacob Morrett, Mechanicsburg—Dr. Ira Day, Newton —John Miller, North Middleton—Abraham Waggoner, NewvilleNathan Reed, South Middleton—Hon. John Stewart, Silver Spring—David Emminger, Southampton—James Williamson, Shippensburg boro'—David Kenower, Shippensburg twp.—James H. 'Wallace, and West Pennsboro'—Lewis Williams. Commissioners—James Wallace,-Lewis Hyer and Jacob Zug. This convention UNANIMOUSLY resolved that the sum of $10,000 be appropriated by the county, in support of the free school system. From this time our county may be said to have been in full sympathy with the law. It is true there were those who took to themselves consolation in grumbling at the system, just as there are some at the present time, who oppose all improvement in school affairs ; but their hostility served only to stimulate the friends of the system to more earnest efforts for its success.

OPERATION OF THE SYSTEM.

There appear to be conflicting statements as to the number of districts that accepted the law in 1834. The report from the school de-

154 - HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA.

partment makes the number thirteen, but from the record of the county treasurer, who, for the first two years, under the law received the state appropriation and paid out to the accepting districts, there appeared to have been only eight accepting districts. The whole state appropriation to the county for the first year was $1,574.70, of which, as shown by the record of the county treasurer, only $617.47 was paid to the following districts : Dickinson, Mifflin, Mechanicsburg, Newton, Newville, Southampton, Shippensburg and West Pennsboro', and for the same year, to the same districts, of the county appropriation $1,176.38. For the next year of school, the only record of the treasurer's disbursement of school funds to be found, gives the total amounts, without designating the districts paid. This year, the entire state appropriation, $1,574 70, together with the unexpended balance of last year, $957.23, and the sum of $3,150, appropriated by the county, were paid out by the county treasurer. The payment of the entire state appropriation would indicate that all the districts in the county had accepted the law.

The following items from the report of the State Superintendent show the " Operation of the system for the year ending Dec. 31st, 1836, in all accepting districts which have reported up to February 14th, 1837 :"

* Not yet in operation.

In the above table Silver Spring is reported as not yet having put its schools into operation. The minutes f the proceedings of the school board of this township show that on May 1st, 1837, the board laid a tax of $700 ; August 12th resolved that free schools should commence October 1st, 1837 ; and on Sept. 2nd fixed the salaries of teachers at $22 per month. The number of schOOls was five, and the length f term six months.

A convention of teachers and others friendly to education met in the court house, in Carlisle, Dec. 19th, 1835. Dr. Isaac Snowden was elected president. This meeting, after discussing educational questions, and providing for semi-annual meetings, adjourned to. meet June 25th; 1836, at which time the following questions were to be considered :

1. What is the best mode f securing a competent number of well qualified teachers of common schools to meet the exigencies of the county ?

2. The influence of education on the character and stability of civil institutions, and the direction and modification which it gives to political relations.

3. The evils existing in our common schools, and appropriate remedies.

4. The influence of employing visible illustrations in imparting instruction to children.

5. Best modes of governing children. and of exciting their interests in their studies.

6. Importance of a uniformity of text books, etc.

This convention met according to adjournment, but 1 have been unable to discover any record of its deliberations or any evidence that subsequent meetings were held, as contemplated by the proceedings of the initial meeting.

COUNTY SUPERINTENDENTS.

The engrafting upon the school system of the County Superintendency being a new departure, met with some opposition in this county ; generally, however, the change was well received. The first Superintendent was Mr, Daniel Shelly, who filled the position for two terms. Mr. Shelly was very active in the discharge of his duties, and the result was a general awakening in educational matters, and a dropping out f the ranks of many of the less efficient teachers.

Mr. D. K. Noel, a leading teacher in the county, was elected in May, 1860, as his successor, but in consequence of ill health he resigned at the end of several months, and Mr. Joseph Mifflin was appointed to succeed him. Mr- Mifflin had been a teacher, but for some time prior to his appointment, and subsequent to his Superintendency, he followed the business of civil engineering. His term of office expiring, he was succeeded in 1863 by Mr. George Swartz. Mr. Swartz had, by his own exertion, risen to a position in the front rank of teachers, and his election to the Superintendency was a tribute to a faithful and successful teacher. He performed the duties of the office for six years.

The result of the election held in May, 1860, as announced by the chairman of the convention, was, by a decision of the State Superintendent, on a legal point, set aside, and Mr. W. A. Lindsey, at present a deputy State Superintendent, was appointed to the position. He discharged the duties f the office until 1872, when the writer, D. E. Kast, was elected, and re-elected in May, 1875. The present incumbent, Mr. Samuel B. Shearer, has just entered upon the duties of the office, having been elected to the position in May, f the present year (1878).

The influence of the County Superintendency soon became apparent in the improved condition of the schools, in the improvement of teachers, and in the cultivation of a better educational sentiment throughout the county. The organization of teachers' institutes, and the establishment of normal schools, if not the result of the Superintendency, were certainly brought about at a much earlier day than would: have been done without this agency. Under date of February 24th, 1856, ex-Governor Ritner, in writing to Hon. Thomas H. Burrowes, says : " The improvement in the teachers, during the past year, was.

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quite marked. You may rest assured that common school education is improving in this county. I believe that our schools, so far as my own knowledge extends, are at least fifty per cent. better than they would or could be without the Superintendency."

TEACHERS' INSTITUTES.

At the call of the County Superintendent, " the directors and teachers, generally, assembled in Education Hall, Carlisle, on Saturday, the 2nd day of September, 1854, for the purpose of holding a school teachers' convention for devising more favorable means for the promotion of education generally in the common schools of Cumberland county." Ex-Governor Ritner presided at this meeting, and Mr. Dieffenbach, Deputy Superintendent of common schools in Pennsylvania, was in attendance. A committee, appointed to prepare business for the meeting, reported a series of resolutions, the subject matter of which engaged the attention of the assembly during its sessions. Provision was made for the permanent organization of a county institute, by appointment of a committee to report a constitution, etc., for its government.

On the 21st of December, 1854, the " Cumberland County Teachers' Institute" was permanently organized in the Court House, in Carlise. Ex-Governor Ritner was called to preside. Ninety-four teachers out of one hundred and sixty were present at the opening session. Hon. Thos. H. Burrowes was in attendance during the two days, and aided greatly in making the institute a success. Dr. Collins, President of Dickinson College, lectured before the institute. The principal work of the sessions was the discussion of methods of teaching, which was generally participated in by the teachers in attendance. The sentiment that prevailed is evinced in one of the resolutions passed, as follows ; " That as teachers and members of this institute we will cordially co-operate with our Superintendent in his laudable efforts to elevate the standard of teaching, and advance general education throughout the county."

From that time to the present the institute has met annually, usually about the holidays, alternating generally between Newville, Shippensburg and Mechanicsburg. The effect of this migratory habit proved very beneficial, affording the citizens of the county generally an opportunity to attend the sessions, which was well improved. For a number of years the members of the institute were entertained free of cost by citizens of the place at which it was held. This custom prevailed until the institute determined, by resolution, to honor the practice " in the breach, rather than in the observance." Another change, and one more nearly affecting the vital interests of the institute, is that from having the work done by home talent to having it done by foreign help. The change was gradual and seems to have been brought about by force of circumstances rather than as a result of deliberate judgment. That teachers' institutes have, in a great degree, contributed to the improvement in our schools no one will question.

NORMAL SCHOOLS.

The earliest action of which I have knowledge, looking to the establishment of a normal school in the county, is to be found in an act of Legislature, passed April 1st, 1850, authorizing the board of school directors, of Carlisle, to establish a normal school, and is as follows : " And said board also have power to establish a normal school, of a supericr grade, in said district : Provided no additional expense is thereby incurred over and above the necessary schools for said bor ough, and to admit scholars in said normal school, from any part of the county, or elsewhere, on such terms and on such plans as said board may direct ; and the board of directors in any other school district, in said county, may, if they think proper, make an agreement with the directors in Carlisle, to contribute to the support of the same, according to the number of scholars they may send to said normal school."

April 16th, 1850, a county convention was called, of which Judge Watts was chairman, at which a plan for a normal school was submitted. It comprehended a model school.

The Carlisle school board issued a call to the other districts, asking each to send one delegate to a convention, May 7th, 1850, to mature a plan for said school. The call stated that the school should open May 15th, continue in session three months, and be supported by tuition fees, which were put at $8 per scholar. The attendance at this convention was not sufficient to warrant opening the school, and nothing more was done looking to its establishment.

The next movement in this enterprise originated with the teachers' institute, held at Newville, Dec. 23rd, 1856, by the passage of the following resolution :

Resolved, That a committee of one director from each township be appointed, to take into consideration the establishment of a normal school in Cumberland county. This committee met in " Education Hall," Carlisle, January 13th, 1857, eighteen districts being represented, decided to open a normal school, and determined its location at Newville, in consideration of the proposition by the citizens to furnish the buildings necessary to accommodate the school, together with recitation rooms and rooms for the model schools, all properly furnished for successfully carrying on the enterprise, free of cost to the school. This was done at a cost to the citizens of about $800 Carlisle and Shippensburg also submitted propositions. The management • was to be by a board of trustees, composed of the County Superintendent and one director from each school district. The Board met in Newville, February 10th, determined the course of study, elected a faculty, and provided for opening the school April 8th.

The school opened for a three months' term, April 8th, 1857, with the following faculty ; Daniel Shelly, County Superintendent, principal ; W. R. Linn, S. B. Heiges and D. E. Kast, instructors ; the model schools with George Swartz, principal ; and J. H. Hostetter and Miss Mary Shelly, instructors. In the normal school there were ninety-one students, twelve of whom were from adjoining counties. In the model schools, which comprised a primary, intermediate and high school, there were one hundred and forty pupils from the town and vicinity. Within a week after the organization of the school, nearly five hundred dollars worth of apparatus had been purchased for the use of the school, by voluntary contributions of citizens throughout the county. The second session, held in 1858, was continued five months. During the remaining two sessions, held in 1859 and 1860, George Swartz was principal, and the school was open three months each session.

In 1865 the first attempt in the county was made towards securing the location of the State Normal School of the 7th district. A meeting of school directors of Cumberland county, held in Newville, November 2, 1865, during the sessions of the institute, instructed the county superintendent, Mr. George Swartz, to issue a circular addressed to the various school boards in the counties composing this district. Said circular proposed that each board of directors appoint "several influential citizens of their districts interested in the success and prosperity of the common school system, to hold a meeting in

156 - HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA.

their own borough or township, for the purpose of discussing the measure, and especially of appointing three delegates to attend a county convention to be held at -- (the county seat), on Friday, December 29th, 1865. From these county conventions, one delegate for every twenty-five schools in the county shall be appointed to attend a district convention to be held in Chambersburg, on Wednesday, January 10th, 1866, at which convention it is proposed to receive the reports of sub-committees in the various townships and boroughs relative to the amount of stock subscribed towards the establishment of such normal school in the district, and also to take such measures to locate and erect suitable buildings as may insure the speedy and complete success of this great enterprise."

These circulars were sent in bulk by Mr. Swartz to the superintendents of the other counties composing the 7th Normal School district, for distribution in their several counties.

In the convention of Dec. 29, fourteen districts were represented, and nine delegates were appointed to attend the convention in Chambersburg. Said convention was organized by appointing Hon. C. R. Coburn, State Superintendent, Chairman. The roll of counties being called, it was found that only Franklin and Cumberland were represented, the former by nine and the latter by eight delegates. A resolution that the convention now decide on the county in which the Normal School shall be located, was amended by substituting the following :

Resolved, That proposals for erecting normal school buildings in the Seventh District be forwarded to, and opened by the Superintendent of Common Schools of Pennsylvania, on Tuesday, the 5th day of June, 1866, from the several parts of the district, and that party pledging themselves, bona fide, to the largest amount of money, shall be entitled to the school, provided they come within the provisions of the law. At this meeting, $21,000 were pledged to secure the location of the school at Newville, and but for the state of feeling throughout the county, consequent on the election for county superintendent, in May following, the Normal School for the Seventh District would, in all probability, have been located at Newville, instead of where it now stands, at Shippensburg.

The initiatory steps to locating the school at Shippensburg were taken early in the spring of 1870. A public meeting was called, and Hon. J. P. Wickersham was invited to address it on the subject of establishing the Normal School at Shippensburg. Subsequent meetings were held, and application was made to the court for a charter, which was granted in April, 1870. In the meantime, subscriptions amounting to about $24,000 had been obtained. The first election for trustees was held the first Monday in May, 1870, and resulted in the choice of J. W. Craig, Dr. W. W. Nevin, C. L. Shade, John Grabill, E. J. McCune, S. M. Wherry, John McCurdy, Wm. Griffin, John E. Maclay, R. C. Himes, Robt. C. Hays, and A. G. Miller. At a Stockholders' meeting, subsequently held, the capital stock was increased from $30,000 to $100,000, under the provisions of the charter.

The work of excavation for the foundation was commenced in August, 1870, and in the spring following the foundation walls were completed, and the building was put under contract at $74,000. The corner-stone was laid with Masonic ceremonies, May 31, 1871. The cost of the building, including steam-heating, gas and gas works, grounds, etc., was about $125,000, and of the furnishing including school furniture, etc., about $25,000.

The school was accepted by the properly constituted authorities, February —, 1873, thus becoming the State Normal School of the Seventh District. Its first session opened April 15, 1873, under the principalship of George P. Beard, A. M. He remained at the head of the institution until July, 1875, when, resigning, he was succeeded by Rev. I. N. Hays, who at present is principal of the school. The school has enjoyed a liberal patronage, and has graduated five classes, numbering respectively, twenty-four, twenty-five, twenty-seven, twenty-six and nineteen.

LIBRARY, PUBLICATIONS, &C.

Being impressed with the advantages that must inure to the youth., of the place from having access to a well ordered library and from the habitual participation in exercises of a literary character, a num ber of citizens of Mechanicsburg, in the fall of 1871, took the steps necessary to organize a library in connection with a literary organization that had been in existence in their midst for some years. Funds were subscribed, purchases of books made, and a charter applied for under the name of " The Mechanicsburg Library and Literary Association." A charter was granted by the Legislature, April 4th, 1872. Additions to the Library have from time to time been made until the number of volumes exceeds fourteen hundred. Books are issued at regular times each week and may be had by any one complying with the regulations of the Library. The Literary Society meets weekly during the winter season, (about 6 months), the exercises consisting of discussions on questions of the day, reading of essays and selection, declamations, etc.

The following educational publications have appeared in the county at varions times : " I Will Try," monthly, published in Mechanicsburg by J. H. Hosteter ; " School Room Ledger," monthly, published in Carlisle by F. M. L. Gillilen, and the " Literary Journal," published at Mt. Holly, under the auspices of " The Mt. Holly Literary Society."

There are many names of which honorable mention might be made in connection with education in the county, but two only will be mentioned. Mr James Hamilton, elected school director in Carlisle in 1836, remained in the board until his death, several years ago. He took a lively interest in education, and especially in the success of the Carlisle schools. In their organization, grading, etc., he was largely instrumental. Ex-Governor Ritner, on retiring from the office of Governor, took up his residence in Cumberland county. In him, education had one of its warmest friends. Nothing in his administration afforded him so much gratification as the part he had in establishing the free school system. He was an ardent friend of education, visited the schools in all parts of the county, and was a regular attendant on all educational meetings held in the county until failing health rendered this impracticable.

HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA - 157

HISTORY OF THE BAR OF CUMBERLAND

COUNTY.

BY BENNETT BELLMAN, ESQ.

GENERAL INTRODUCTORY.

History, as it has been said, is but the essence of innumerable biographies ; but when those biographies are not recorded—but must be found in the floating rumors which exist in the recollection of the living—to write a history which shall be either full or accurate, is a matter of no small difficulty. If in the present attempt, we have missed our mark, we have at least not aimed so high. We have not attempted to write a history, but only to present a rough but truthful sketch, drawn in bold outlines, of our Bar— illustrated by the lives of those who were its acknowledged leaders.

We would say, also, that in a work like the present we aspire to lay no claim to originality. We have placed our hands indiscriminately upon whatever we could get bearing upon our subject, and we desire to say that for the material for many of the sketches of the earlier members of our Bar we are indebted to the lecture of George W. Harris, Esq., on the members of the Dauphin County Bar, and also to that of Mr. I. H. M'Cauley, of Chambersburg, on the history of the early members of the Bar of his own county.

If any of the scattered notices or facts here collected together will serve as a basis for some future historian of the Bar of Old Mother Cumberland, we will be amply rewarded for any time or labor we have expended to collecting together the material of the present sketch.

The science of the law, both in its theory and in its practice, has in every age been esteemed a highly honorable profession. It has embraced among its votaries much of the learning, culture and intellect of every age. To become an advocate was once no ignoble ambition. In Rome the names which are still familiar to our cars are not only those who triumphed in the field, but also those who won their victotories in the courts or in the Forum. The Knight Templars sleep under the cold marble slabs of the Inns of Court, where, to-day, the living lawyers of England practice.

Beside the mailed chivalry of France once stood an order of men known as the " noblesse de la robe " whose only patent of nobility was their admission on the roll of advocates. In England, the next important office in dignity and power to the crown itself, is that of the Lord Chancellor, while in our own country many of the brightest names which have shed their lustre upon our annals—a Webster—a Clay—a Choate or Pinkney—are the names of those who have been members of this profession.

Nor is this all. In respect to its Usefulness to the world at large, the law, as a profession, will acknowledge no superior, The incalculable benefits which it has achieved in past times for mankind, are written on the page of history. Its victories have been won. not in the field but in the courts of justice, and in the halls of legislation. It was chiefly instrumental in destroying the power of a Pope over the temporal affairs of England ; in opposing successfully the overweening power of the clergy in a dark age, and in obtaining from a stubborn King the great charter of English liberty. In short —as the exponent of progress and of enlightened ideas—the protector of liberty and the guardian of our civil rights and institutions, it need fear no rival, but like a Douglass it may stand bonneted before the King and bow down to none.

Such, then, has been the prestige of the law as a profession in past times. Of it we have reason, justly, to be proud. Nor, when we come to glance over the long list of the names of those who have practiced within the period of a century and a half, at the Bar of our own county, have we any reason to be ashamed ? Some there are among them whose memories will long survive—whose talents commanded our respect—while their virtues rendered them worthy of our admiration. But it is not our purpose to enter further into any general eulogy. What we have to say of individuals will be said hereafter and in its proper place. But if the time should ever come when the Bar of Pennsylvania shall be written by some abler hand, that of our County will undoubtedly rank deservedly amongst the foremost.

During nearly one hundred years succeeding the settlement of Pennsylvania, few of our Judges understood the principles of the law, or knew anything about its practice before their appointment. Our County Courts were presided over by the Justices of the Peace of the respective counties, all of whom were ex officio Judges of the Courts of Common Pleas and Quarter Sessions of the Peace, any three of whom were a quorum to transact business. At the same time the " Provincial Council " and the High Court of Errors and Appeals, which was presided over by the Governor of the Province for the time being, and whose decisions were final, very frequently had not a lawyer in it.

And yet the business of the county in that day was done, and well done, too. The Judges were generally selected because of their well-known integrity of character, extended business experience and sound common sense, and by close observation and long experience became 'well acquainted with the duties of their positions and fitted to adjudicate the important interests committed to their charge." Nor was the Bar inferior. " Gentlemen, eminent for their legal abilities and oratorical powers practiced before them, and by the gravity of their demeanor and respectful behavior shed lustre upon the proceedings and gave weight and influence to the decisions rendered. Great regard was had for the dignity of the Court, and great reverence felt for forms. and ceremonies ; and woe to the unlucky Wight who was caught in a " contempt," or convicted of speaking disrespectfully of the magistrate or of his Sovereign Lord—the King."

The men of that day had another characteristic. Their physical labor gave them a degree of bodily vigor and energy which, of itself, was no inconsiderate obstacle in the way of an antagonist in the trial of a cause.

The counselor of that day was no formalist ; neither had too much learning attenuated his frame, or prematurely quenched his animal spirits—but all this in no way detracted from his professional repute ; seeing that all his competitors were even as he was, and that juries in those days were more gullible than now, the Judges less learned and inflexible (although having a full consciousness of the dignity of their position) that technicalities were less regarded or understood, and motions in arrest of judgment seldomer thought of than now—the conscience of our counselor being ever at ease when he felt that his client was going to be hanged upon the plain and obvious principles of common sense and natural justice.

EARLY HISTORY.

The County of Cumberland was formed from a part of Lancaster in

158 - HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA.

1750, twenty-six years before the Declaration of Independence. The imbecile King—George, the Third—whose stubborn policy provoked the colonies to assert their rights, had not yet ascended the throne of England. George, the Second, was the reigning King. At this time Cumberland County embraced an immense area, and that which is now occupied by Bedford, a part of Northumberland and the whole of Franklin, Mifflin, Juniata and Perry—all of which were formed subsequently.

In the next year immediately succeeding the formation of the county the Courts of Quarter Sessions were held at Carlisle, for, in 1751 we have the following entry : " At a Court of General Quarter Sessions, held at Carlisle, for the County of Cumberland, the twenty-third day of July, in the twenty-fifth year of our Sovereign Lord, King George, the Second, over Great Britian, &c. Before Samuel Smith, Esq., and his Associate Justices."

The form of the pleadings at this early period may be interesting:

The King} Sur Indictment, for Assault and Battery. Being

vs.} charged with he is not guilty as in the Indict-

Chas. Murray} ment is supposed, and upon this he puts himself upon the Court, and upon the King's attorney likewise.

But now the defendent comes into Court and retracts his plea, not being willing to contend with our Sovereign Lord, the King. Protects his innocence, and prays to be admitted to a small fine. Whereupon it is adjudged by the Court that he pay the sum of two shillings, six pence. October Term, 1751.

Another case is an indictment for felony, where the party has pleaded guilty. The sentence of the Court is (at this time the ordinary method of punishment) that he (the culprit) " receive twenty-one lashes, well laid on his bare back, at the public whipping-post, tomorrow morning, between the hours of eleven and twelve o'clock. That he make restitution to Wm. Anderson in the sum of 18£, 14s, and 6 pence. That he make fine to the Governor in the like sum, and stand committed until fine and fees be paid." January Term, 1751.

There is a very singular case against two persons who, in order to pay the fines imposed, were sold, on their application to the Court, for the terms of five and seven years respectively.

There is a striking relish in those words " lashes well laid on," and it is the old, sturdy, Anglo Saxon blood which speaks. The ignominy of this punishment rendered it the more effective. The whipping-post seems to have been abandoned or to have come gradually into disuse before the Revolution. We find the last record of it in our county about July Term, 1774.

The county was, at this time, as we can well imagine, but sparsely inhabited. In the Quarter Sessions for July, in 1753, sixteen bills are presented to the Grand Jury against different persons " for conveying spurious liquor to the Indians out of the inhabited portion of this province "—most of which were ignored. To the noble red man civilization had already became a failure. Of the attorneys who practiced in our courts up to this time we have no record.

In colonial times, from 1759 to 1764, we have the names of James Smith, George Ross, Campbell, Samuel Johnston, Jasper Yeates, Robt. Magaw, as attorneys appearing upon our records. The records for this early period are defective and there are doubtless some names which are lost. At this period Robert Magaw appears to have by far the largest practice.

From 1764 to 1770 we find the additional names of George Stephenson, James Wilson, James Hamilton, Ross, Sample, Greer, Wetzel and Morris. Magaw, Wilson and Stephenson having the largest practice. Col. Ephraim Blaine. is at this time (1772) High Sheriff of the county. One of the county Courts of Common Pleas is held at Carlisle for the " County of Cumberland, 21st day of April, and twelfth year of our Sovereign Lord George, the Third, by the grace of God of Great Britain, France and Ireland, King, Defender of the Faith, &c., and in the year of our Lord 1772 before John Armstrong, Esq, and his Associate Justices. On the April Term of the succeeding year, on application of James Wilson, Esq., Mr. John Reiley is admitted to practice as an attorney in the several courts.

On application of Robert Magaw, Esq , Mr. John Steel is admitted, &c., also Mr. Robert Buchannon.

On application of James Smith, Mr. John Magill is admitted, &c. Oct. Term, 1773.

In the succeeding year, on motion of James Smith, Mr. David McMahon is admitted, &c., to the several courts. April Term, 1774.

On motion of James A. Wilson, Mr. J. T. Armstrong is also admitted at the same term.

(The name of Duncan appears several times before the year 1774).

On application of Samuel Johnston, Esq., Mr. Lewis Bush was admitted, January Term, 1776.

In this first year of our independence our Bar seems to have consisted of John Steel, Campbell, George Stephenson, James Wilson, Samuel Johnston, David Grier, Thomas Hartley, Joseph Yates, James Smith, Edward Burd and Robert Galbraith. At this time John Steel, Esq., who was admitted only three years previously, begins to have an excellent practice. The county court from this period on for several years is presided over by John Rannals, Justice, and his associates. It seems that, on account of the Declaration of Independence, or for some other reason, the attorneys who had practiced in the several courts hitherto had to be again admitted—for in the July Term, 1778, Jasper Yeates and James Smith were admitted upon their own motions and then upon the application of Jasper Yeates, Messrs. James Wilson and Edward Burd were also admitted.

On motion of Jasper Yeates, Messrs. Edward Shippen,Jasper Ewing and David Greer were also admitted in the succeeding October Term, (1778).

On motion of Jasper Yeates, Esq , James Wilson is admitted at the October Quarter Sessions (1778).

The county Court of Common Pleas, at Carlisle, is presided over by John Rannalls, Esq., and his associates. July Term, 1779. At this term, on the application of James Smith, Esq., Thomas Hartley, Esq., is admitted, and on the application of Jasper Yeates, also Geo. North, Esq.,

At this term there is an order of the Court that the Prothonotary receive from the other officers of the Court the Continental money paid to them in their 'official capacity and receipt for the same. It seems that he did not feel justified in receiving it on account of its depreciation. In this year (1779) John Steel is having quite a large practice, and the name of A. Wilson appears (occasionally) upon the records of the Court.

On motion of Col. Thomas Hartley, Mr. James Hamilton is admitted, April, 1781.

The names of Hamilton and Duncan begin to appear from October Term, 1781. The latter seems to have been immediately successful, for Thomas Duncan, John Steel, George Stephenson and Robert Magaw have all a very large practice in (1782), the succeeding year.

HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA - 159

The County Court of Common Pleas for January, 1783, is held by Robert Peebles, Esq., and his associates. At this term Messrs. George Thompson and John Wilkes Kittera, Esqrs., are admitted on motion of Jasper Yeates. At the next April Term of Court Rannalls, Justiee, again presides.

In this year (1783) Stephen Chambers name appears several times upon the records, and in the succeeding year also the names of Thomas Smith, J. A. Wilson and John Clark, Esqrs. At the Oct. T. (1783) of the County Courts of Corn. Pleas John Armstrong and his associates again preside, but on the first term of the succeeding year (Jan.) it is Samuel Laird who is upon the Bench and his associates. The April Term (1784) is before Rannalls. At this term of court, on the motion of Robert Magaw, Esq., and certification of James Hamilton, Esq., Atty., Ross Thompston, who had been admitted as an attorney in different other courts of law in this state and elsewhere, was admitted to practice (April T., 1784).

At the terms of court for July and Oct. 1784, and Jan., April, July and Oct., 1785, and Jan. term, 1786, Samuel Laird and his associates preside.

On motion of Thomas Hartley, Esq., Mr. John Andrew Hanna was admitted July T., 17E5.

On motion of Stephen Chambers, Esq., Ralph Bowie, Esq., was admitted Oct. T., 1785.

On motion of Thomas Smith, Esq., Mr. James Carson was admitted Jan. T., 1786.

At the April term of court, 1786, Thomas Beale appears upon the records as presiding justice with his associates. During this term Messrs. Chas. Smith and John Joseph Henry (afterwards a Judge of the court) were admitted upon the motion of Thomas Smith, Esq., who was afterwards the first President Judge of the same court, and on the motion of Joseph Yeates, Esq., Mr. Jacob Hubley was admitted at the same term.

From July term, 1786, for the next four years John Jordan, Justice, and his associates, preside over our county courts. Mr. Stephen Chambers and Peter Hoffnagle are admitted on motion of Joseph Yeates,Esq., Oct. term, 1786.

We come now to the year 1790—Samuel Laird is the presiding Justice at the Oct. term, at which term David Watts, who had studied law for three years under Wm. Lewis, of Philadelphia, is admitted upon the motion of Thbmas Hartley, Esq.

At the April term, 1791, on motion of Andrew Dunlap, Esq., Sam'l Riddle is admitted, and on motion of Col. Thomas Hartley, Charles Hall, of Sunbury, having been heretofore examined in the law, and being a practitioner at the Bar of several courts of this state, was also admitted.

Thomas Creigh was admitted in the July term on motion of Thomas Duncan.

We have now given a brief summary of the history of our Bar from 1759 to the year 1791, A. D., when Thomas Smith, Esq., the first President Judge of our Judicial District, appears upon the Bench.

COL. JAMES SMITH.

As we have seen, among the earliest names which appear upon our records—as attorneys practicing at the Bar of Cumberland county is that of James Smith, Esq. He was admitted in Sept. term, 1786. There is a brief notice of him in Days' Historical Collections. He was an Irishman by birth, but came to this country when quite young. In a note to Graydon's Memoirs it is said that he was edu cated at the college in Philadelphia, was admitted to the Bar, and afterwards removed to the vicinity of Shippensburg, Pa., and there established himself as a lawyer. From this he removed to York, in this state, where he continued to reside during the remainder of his life. He died July 11th, 1806, at the age of about ninety-three years. In 1775 Col. Smith was elected to Congress, where he remained until November, 1758. He was one of the signers of the Declaration of Independence. For a period of sixty years he held a high rank at the Bar, during which time he had a very extensive and lucrative business in the eastern counties of this state. He withdrew from practice in the year 1800.

In Sanderson's Lives of the signers of the Declaration of Independence, there will be found a more extended notice of him.

During the Revolutionary war Col. Smith commanded a regiment in the Pennsylvania line.

His ardent love for liberty and independence is shown not only in the Halls of Congress, but in the field—in both—faithful and efficient in the discharge of his duties.

COL. ROBERT MAGAW.

Another practitioner at this early period is Col. Robert Magaw. Like his predecessor he was an Irishman by birth, and resided in Cumberland county prior to the Revolution, in which war he served as Col. of a regiment in the Pennsylvania line. In 1774 he was one of the delegates from this county to a convention at Philadelphia for the purpose of concerting measures to call a general Congress of Delegates from all the colonies. He died afterwards in Carlisle, as it would seem, from letters in the possession of Rev. Dr. Murray, of this place, some time in January, 1790.

JOSEPH YEATES, ESQ.

The name of Joseph Yeates appears upon our records as early as the year 1763. We have no record of admission. He was admitted years afterwards to the Bars of Franklin and Dauphin— when those respective counties were formed. Like all the lawyers of this period he traveled on the circuit, and practiced over a large territory in the eastern counties of the state. He resided in Lancaster city. He was an excellent lawyer and had a high reputation for knowledge in legal lore and classical literature. On March 21st, 1791, he was appointed by Gov. Mifflin one of the Associate Justices of the Supreme Court, which high position he filled with honor until his death, which occurred early in the year 1817. In appearance, Mr. Yeates was tall in person and portly, with a handsome florid complexion, benignant countenance and large blue eyes.

He is the compiler of the Pennsylvania Reports which bear his name.

HON. GEORGE STEVENSON, L.L D.

The Hon. George Stevenson, L.L. D., appears in 1770. The worthy subject of this brief sketch was born in Dublin, Ireland, in 1718, and emigrated to America near the middle of the last century. He had previously graduated at Trinity College, in his native city, and being an excellent classical scholar opened a school at New Castle, Delaware, where he contributed to the education of those who became more or less prominent in the active scenes of life. He was a practical surveyor, then an important character, and was subsequently appointed Deputy Surveyor General under Nicholas Scull, for the

160 - HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA.

three lower counties on the Delaware called " the territories of Pennsylvania," the right to which 'William Penn obtained from James, Duke of York, in 1682. Afterwards Mr. Stevenson moved from New Castle to York, Pa., and there commenced the practice of the law, which he successfully pursued. As an evidence of his worth in this regard he was commissioned a Judge of the counties of York and Cumberland ; his commission bearing date of 1765, and issued in the reign of George the Second. He had become a very large landholder, and engaged in the manufacture of iron. He, with 'William Thompson, afterwards General Thompson, and George Ross, afterwards a signer of the Declaration of Independence, erected and owned what was called Mary Ann Furnace, in York county, as early as 1764, as well as Spring Forge, a few miles distant from the former. In 1769 Mr. Stevenson moved to Carlisle and embarked as a pioneer in the iron business at a place called Mount Holly, about seven miles south of town. In this enterprise, however, owing to the dishonesty of another, he became greatly reduced, and returned to the practice of the law. His character and services as a learned and able Justice must have been well-known and greatly appreciated as the records of the court at that time show that he was employed in many and important cases then adjudicated. He also took a prominent part in the affairs of our country at that early period ; was a decided and earnest patriot, fully identified with the cause of liberty ; and some of his correspondence may be seen in the Colonial Records and the Pennsylvania Archives.

After a life of enterprise and usefulness he died in Carlisle in 1783, and his widow in 1791. He had married Mrs. Mary Cookson, the sister of General William Thompson, and widow of Thomas Cookson, a distinguished lawyer of Lancaster, who had been instructed with Nicholas Scull to lay out the town of Carlisle in 1751. By this marriage he had a son and three daughters—George, afterwards an officer of the Revolutionary army and a prominent physician and surgeor. Nancy, the wife of John Holmes, a leading merchant of Baltimore ; Catharine, the wife of General John Wilkins, of Pittsburg, and Mary, the wife of Dr. James Armstrong, the worthy son of the memorable hero of Kittanning.

JOHN STEEL, ESQ.

A prominent member of our Bar in 1776 is John Steel. He was born at CarlisleJuly 15th, 1744. He was admitted to our Bar, on motion of Col. Robert Magaw, April term, 1773, and seems immediately to have come into a large practice. He is engaged in the trial of several cases during the very term in which he is admitted to the Bar, and in 1776, only three years afterwards, his name appears perhaps more frequenty upon the records of our courts than any other. In 1782 he is still enjoying a large and lucrative practice—with such men as Thomas Duncan, George Stephens and Col. Robert Magaw, as his competitors. For some reason Mr. Steel evidently quit the practice of the law long before he died, as his name a few years afterwards disappears entirely.

John Steel was the son of Rev. John Steel, a Presbyterian minister of high rank and abilities, and who was known as the " fighting parson." Parson Steel died in August, 1779. " He was," says Dr. Alfred Nevin, in his history of the churches of the valley, " a man of great intrepedity of character. Often did he lead forth companies of armed men to repel the invading savages." A further sketch of his life will be found in Mr. Chambers' History of Presbyterianism of the Valley. Parson Steel led a company of men from Carlisle and acted as Chaplain in the Revolutionary war, while his son John, the subject of the present sketch, also as Captian, led a company of men from the same place and joined the army of Gen. Washington soon after he had crossed the Delaware.

John Steel was the father of Amelia Steel, the mother of Mr. Robt. Givin, of Carlisle. He married Agnes Moore, a sister of Mrs. Jane Thompson, who was the mother of Elizabeth Bennett, the maternal grandmother of the writer.

John Steel died about the year 1812.

EDWARD SHIPPEN.

In Oct. term, 1778, Edward Shippen is admitted to our Bar. In 1748 he had been sent abroad to be educated at the Inns of court. He afterwards rose rapidly and became Chief Justice of Pennsylvania. It may be interesting to know that Edward Shippen was the father of the wife of Gen. Benedict Arnold. His name appears quite frequently upon our records.

COL. THOMAS HARTLEY.

The name of Col. Thomas Hartley appears as one of the leading members of our Bar in 1776. He was born in Berks county in 1748 and studied law in York, Pa., where he first began to practice.

He was again admitted to our Bar under ____ July term, 1779. He entered the army at the opening of the Revolution, and soon became distinguished. He was a member of Congress in 1778, and continued to hold the office during twelve years, and held also several distinguished offices in this Commonwealth. He died Dec. 21st, 1800, aged 52 years. The above is taken from Day's Historical Collections. Thos. Hartley, we learn from another source, was considered an excellent lawyer, was a pleasant speaker, and had a very considerable practice. This last fact the early records of our own court confirm.

Such were some of the characters who practiced at our Bar in the memorable year 1776. Many of these have passed away even from the recollection of the living, and of none of them can it be said with Hamlet, by any one now in existence, " Alas, poor Yoric—I knew him, Horatio !"

STEPHEN CHAMBERS.

The name of Stephen Chambers appears upon the records of the court occasionally about 1783. He was from Lancaster, and as we have been informed, was a brother-in-law of John Joseph Henry, who was afterwards appointed President Judge of our District in 1800.

JOHN CLARK.

In 1784 Mr. John Clark's name appears upon our records. In this same year he was admitted at the first term of the court held in Franklin county, upon his own motion, it appearing that he had already been admitted an attorney in the Supreme Court of the Commonwealth. Franklin county had just then been formed from a part of Cumberland. Mr. Clark was from York, Pa., or " Little York," as it was then called. He served with distinction as a Major in the Revolutionary war. Like most of the lawyers of his day he " rode the circuit," practicing in many counties of the state other than that in which lie resided. He seems to have been a good lawyer and a gallant officer. He was of large frame, fine personal appearance, brave almost to a fault, and at times, when the occasion required it

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"very sarcastic in his speech. He wrote a fine hand, proving an exception seemingly to the general rule. He was also a great wit, fond of fun and frolic, and his company was much courted by the members of the Bench and Bar when on their travels or in the evenings after the duties of the day were done.

ROSS THOMPSON-JOHN ANDRE HANNA.

Ross Thompson, Esq., who had practiced in other courts was admitted to our Bar in 1784. He lived for some time in Chambersburg, but removed to Carlisle, where he died at an early age.

John Andre Hanna is admitted to our Bar in 1785. He settled in Harrisburg at about the time of the organization of the county, and the laying out of Harrisburg (1785—Harris). He is noticed favorably in the Narrative of the Duke de Rochefoucault, who visited our State Capital, in the year 1765. He says General Hanna was then " about thirty-six or thirty-eight years of age, and was Brigadier-General of the militia." He was elected to Congress from his district and served from 1797 till 1805, in which year he died.

RALPH BOWIE, ESQ.

Ralph Bowie, Esq., is admitted October term, 1785. He resided at York. He was a Scotchman by birth and had probably been admitted to the Bar before he left his native country. He was a very well-read lawyer, and much sought after in important cases of ejectment. He was of fine personal appearance, courtly and dignified manners, and was very neat and particular in his dress. He powdered his hair, and wore short clothes in the fashion of the day and had social qualities of the most attractive character.

THOMAS SMITH.

The first President Judge of our Judicial District was Thomas Smith. He resided at Carlisle. He had been Deputy Surveyor under the government in early life, and thus became well acquainted with the land system of Pennsylvania, then in the process of formation. Mr. Smith was accounted a good common law lawyer, and did a considerable business. He was commissioned President Judge by Gov. Mifflin, on the 20th of August, 1791. He continued in that position until his appointment as an Associate Judge of the Supreme Court, on the 31st of January, 1794. He was a small man, rather reserved in his manners, and of not very social proclivities. He died at an advanced age in the year 1809.

In the spring 1793 occurs the first, but not the only instance, of a duel proving fatal, where the parties concerned were residents of Carlisle. In this instance, however, one of the combatants was also a member of the Bar. We allude to the meeting between Gen Lamberton and J. Duncan, Esq., and which resulted in the death of the latter.

JAMES RIDDLE.

James Riddle was the second President Judge of our District. He was born in Adams county, graduated with distinction at Princeton College, and subsequently read law at York. He was about thirty years of age when he was admitted to the Bar. He was possessed of a very large practice until his appointment as President Judge of this judicial District, by Governor Mifflin, in February, 1799. His legal abilities were very respectable, though lie was not considered a great lawyer. He was well read in science, literature and the law ; was a good advocate and very successful with the jury. He was a tall man —broad-shouldered arid lusty—with a noble face and profile and pleasing manner. Some time in 1804 he resigned his position as Judge because of the strong partizan feeling existing against him—he being a great Federalist—and returned to the practice of the law. He was again successful, and amassed a large fortune, which was afterward mostly sunk in the payment of endorsements made for friends and relatives. He died in Chambersburg, about the year 1837, respected by all who knew him.

JOHN JOSEPH HENRY.

John Joseph Henry, of Lancaster, was born about the year 1758 or 1759. He was the third President Judge of our Judicial District, and the predecessor of Judge Hamilton. He was appointed in 1800. He had previously been the first President Judge of the Common Pleas of Dauphin county, being commissioned on the 16th of December, 1793. In 1775 Henry—then a lad of about seventeen or eighteen years of age, entered the Revolutionary army and joined in the expedition against Quebec. One regiment in this expedition was commanded by Capt. William Hendricks, of Cumberland, and another by Capt. Mathew Smith, of Lancaster. In this latter company young Henry was enlisted as a private. The whole command, amounting to little more than one thousand men, was under the command of Gen. Benedict Arnold. In this year young Henry first sees and speaks in high terms of Aaron Burr—then a cadet—and a remarkable youth of twenty. Burr was then a young, brave and gallant officer—winning and attractive, and the dark cloud of suspicion which afterwards hung over his life had not yet appeared on the horizon.

No wonder Henry was attracted by the qualities of this man—afterwards the sport of so cruel and capricious a destiny. Of him lie writes afterwards : " Though differing from him in political opinion no reason has yet been laid before me to induce a belief that lie was traitorous to his country." So much for his opinion of Burr. Young Henry fought at the battle of Quebec and was taken prisoner. He afterwards published an account of the expedition.

THE BAR IN 1800.

John Joseph Henry was the President Judge in 1800, when David Watts and Thomas Duncan were the leading lawyers. From this time forward we feel that we are upon more solid ground. A change had come, or was coming, upon us, and many of the old forms and customs of colonial days were passing away. The Continental dress, the cuque, the dignified ceremonials of the courts, and the refined manners of the gentlemen of the old regime, were then becoming rather a matter of memory than of observation ; and it is a question whether, " in the gradual desuetude of these old observances " much that was intrinsically good and valuable was not also lost. The character of the profession, as such, has certainly changed and in many respects undoubtedly not for the better, since these days of which we speak, both as regards the ability and integrity of the men who were then its representatives. The terms lawyer and gentleman were then nearly always synonomous, while to-day, the former is too often but the poor drudge of his profession—who never thinks of aspiring to attain. ments in the wide field of general culture, but who, regarding his profession as a trade, and his abilities (alas, too often also his integ-

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rity) for sale—thinks no further than of the case in hand or of the amount of the next fee which he will probably receive.

At this time our lawyers were still obliged to travel upon the circuit, extending over several counties, often exposed to the inclemency of the weather, traveling on horse-back, and provided with but poor accommodations.

Truly there were a different race of men. "The lawyer of the present day is, as Mr. Porter remarks, intrinsically, extraneously, physically and mentally a different man from the lawyer of this period. Many of them were men also of the very first order of intellect. " In important land cases throughout the state they were accustomed to enter the lists with the lawyers of Philadelphia, then enjoying the supremacy of reputation throughout the Union, and they proved themselves the equals of the former in all but the good fortune of making so permanent a record of their fame. They were in the main bold, intrepid, self-reliant men—independent in their thoughts and habits, of strong impulses and understandings, and capable by an eloquence suited to the people and the occasion, by superior knowledge of the country and its customs of prevailing in many a well-contested battle over their more polished visitors."

Let not the reader be surprised that these lawyers should be spoken of as learned men. " It is true they had few books. In 1800 the only Pennsylvania law books were three volumes of Dallas' Reports. Not a volume of Johnson's Reports and not a volume of Massachusetts Reports had been published. Perhaps I ought to say that with the exception of Mr. Dallas', not one volume of any regular series of reports had been published on this side of the Atlantic. Story had not been admitted to the Bar, and the design of writing a commentary had probably never entered the mind of Kent. Having few books they studied them all. A lawyer who was disposed to read must take Bacon and Coke, and authors of that stamp or not read at all. In such companionship, he must become saturated with the very elements of the science, for nothing in the history of the law is more surprising than to observe how few sound principles there have been originated in the vast publications with which we have been since deluged.

In these days it seems that the court would enforce all its powers in maintaining professional courtesy and dignity between the members of the Bar, as will be seen from the following incident:

On the 5th day of Dec., 1800, a complaint is made to the court by Thomas Duncan, Esq., stating that Frederick John Haller, Esq., a member of the Bar, had, on the evening of the first of December, in open court, behaved in an indecent and disorderly manner to Wm. N. Irvine, a young gentleman reading law under the direction of Mr. Duncan. There are several depositions, one of which reads " that on the afternoon of the third of Dec., 1800, the deponent was present in court sitting near to Wm. N. Irvine and Frederick J. Haller, and heard Frederick J. Haller say that some person was an ordinary looking fellow. Wm. N. Irvine said that he did not look worse than he did himself. Frederick Haller then told Mr. Irvine that he must look a great deal better than he did—and further the deponent saith not." So much only in regard to the appearance of these rival beauties, but it was further certified that Mr. Haller had called Mr. Irvine an " impudent young puppy." Whereupon the court did " suspend the said Frederick John Haller from practicing law as an attorney in the court of Common Pleas aforesaid." Mr. Haller had been admitted only a little more than two years previously. He was reinstated in March term, 1801.

It was under the administration of John Joseph Henry that John Bannister Gibson, afterwards Chief Justice, George Metzger and Andrew Carothers were admitted to our Bar. Of the first we will speak hereafter, as it is in the capacity not of a lawyer, but of a jurist, that he is to be considered. Hon. George Metzger is still living, having survived all his competitors ; his years now numbering nearly a century. He is the oldest ex-member of the Legislature in Pennsylvania, having served in the House during the sessions of 1813-14. He was admitted to practice law in March term, 1805 ; afterwards served as prosecuting attorney, and held a very respectable position at the-Bar in the time of Gibson, Huston, and the elder Burnside.

ANDREW CAROTHERS, ESQ.

Of Andrew Carothers we insert the following personal recollections; written by the Hon. Frederick Watts, who read law under the instruction of Mr. Carothers, and was afterwards, for a short time, also associated with him in practice.

From circumstances which came to my knowledge respecting-the life of Andrew Carothers, Esq., I think he was born in the year 1778. His father was a farmer, and resided in Silver Spring township, Cumberland county. He had several children, sons and daughters, of whom Andrew was one. He learned the trade of a cabinetmaker, and when he was about nineteen years of age his father's, family was poisoned, and Andrew was one of the sufferers, whereby he became much crippled in his limbs and hands. To such an extent were the injuries inflicated upon him that he was incapacitated; for the pursuit of the trade which he had learned. The education which he received in his youth was that which was imparted by the-country school ; and it was not until he became unfitted for the occupation which required bodily labor that he turned his attention to the acquisition of such knowledge as would fit him for the pursuit of a professional life. He did not even then acquire a scientific education, but by a course of reading and study with such aids as he could obtain at home he fitted himself to become a student of law. He entered the law office of David Watts, Esq., in Carlisle, about the year 1802, and after a period of three years he was admitted to the practice of law. He was afterwards married to a Miss Loudon, by whorl) he had three sons, John, Mathew and James. His wife died about 1820, and he was again married to Miss Isabella Alexander, a daughter of Hon. Wm. Alexander, and a sister of Samuel Alexander, Esq , about the year 1825. By this marriage there was no issue.

Although Mr. Carothers' mind was not cultivated by any high degree of learning it was of that character which enabled him to appreciate what he had studied and profit by what he read. He became an excellent practical and learned lawyer, and very soon took a high place at the Bar of Cumberland county, which at that time ranked amongst its members some of the best lawyers of the state. Watts, Duncan, Metzger, Alexander, Mahon were at different periods his competitors, and amongst these he acquired a large and lucrative-practice, which continued through his whole life. Mr. Carothers was remarkable for his amiability of temper, his purity of character, his unlimited disposition of charity and his love of justice.

Notwithstanding his bodily infirmity he was always an active participant in all popular movements which tended to the public good or to the improvement of society.' In his early professional life he was chosen President of the Town Council of the Borough. He was a Trustee and active in promoting the interests of Dickinson College; and was no less so in the interest which he took in the welfare of

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the Presbyterian church, of which he was an Elder from the period of his early manhood. No man ever commanded in a greater degree that affectionate regard of the community in which lie lived than did Andrew Carothers. In all public assemblys and in courts of justice the greatest respect was paid to his arguments and opinions, which, by reason of his bodily infirmity, were always delivered in a sitting posture. Mr. Carothers died on the 26th of July, 1836, aged 58 years. He had several students in his office at the time of his death, and they, with all other law students of the town, assembled to pay respect and honor to his memory. This meeting was presided over by the Hon. A. G. Curtin, the late Governor of Pennsylvania.

In addition to the above sketch by Judge Watts we add the following:

The circumstances which caused Mr. Carothers to become a practitioner of law have been already alluded to. The case is one of the first important criminal trials in our early annals. The circumstances were as follows :

About the year 1790 a young girl named Sarah Clark lived in the family of Mr. John Douglass. While living there she contracted a strong attachment for a son of Mr. Douglass, who was at that time paying attention to Miss Ann Carothers, living with her father, John Carothers, near Silver Spring. Sallie Clark determined to destroy the life of Ann Carothers, and thereby gain the object of her affections. With this aim in view, she hired as a servant in the house of Mr. Carothers, and bided her time. Having no ill will against the family, she desired to poison Ann only, and with this intent purchased a lot of arsenic ; but no suitable opportunity for this offering ; she grew desperate, and put the arsenic into a pot of leaven. The family all ate of the bread and became sick ; John Carothers died on the 29th of February, 1798, and his wife Mary died soon afterwards ; but Ann Carothers, the intended victim, survived. Andrew Carothers also survived, but was crippled for life, as is above mentioned.

Ann Clark was tried at Carlisle at the October term of Oyer and Terminer, 1798. John Carothers, a son of the poisoned parents, was then High Sheriff of the county. The case was tried before James Riddle, President Judge, and Samuel Laird and John Montgomery Associates. She was convicted of murder in the first degree, and at the August term, 1799, was sentenced to be hung. She was afterwards executed accordingly.

HON. JAMES HAMILTON.

Six years after the appointment of John Joseph Henry, James Hamilton appears upon the Bench. He was an Irishman by birth, who was admitted to the Bar in his native country, and emigrated to America before the Revolution. He was well educated, large, very rat, very eccentric, very social and very indifferent as to his personal appearance. He was considered an excellent lawyer, and was a tolerable speaker. He first settled for a short time in Pittsburgh, then a small frontier settlement, but soon removed to Carlisle, where he eventually acquired a respectable practice.

In the summer of 1806 he was appointed, by Governor Snyder, President Judge of this Judicial District, in which position he continued until his death, in the year 1819. He died, aged 77 years.

Judge Hamilton held the office of Deputy Attorney General or Prosecuting Attorney for several years before he was appointed Judge. He was noted for his severity, and prosecuted for conviction as unrelentingly as ever did a Crown officer in the land of his birth.

After he was upon the Bench he impounded some cattle that were grazing innocently upon the public squares and green grass-grown thoroughfares of our town. He notified the owner that by paying the expenses of their keeping he could have his property, otherwise they should be sold in .market overt. The owner refused to comply—engaged an attorney—and the Judge discovered that he had, perhaps exceeded the limits of his authority, as the streets and squares, aforesaid, were considered public property.

Mr. Hamilton was a man of very aristocratic proclivities, and felt, the dignity of his high office. He was accustomed to have the tip-staves of the court act as his body-guard, and attend him when he walked from his residence to the court.

The Hon. Henry M. Brackenridge thus speaks of the character of Judge Hamilton in his " Recollections of the West," when he attended the courts in Carlisle : " Judge Hamilton, who presided, was a. learned and elegant lawyer, remarkably slow and impressive in his manner and in his charges to the jury too minute, He was an Irishman by birth and had received his education in Dublin. Among the younger members of the Bar," continues he, " Mr. Gibson, now Chief Justice of the State, was the most conspicuous. He even then had a high reputation for the clearness and soundness of his judgment and the superiority of his taste."

It was during the time that Watts and Duncan were the leaders of the Carlisle Bar, that James Hamilton was upon the Bench. Hamilton was not always self-reliant, and it is said that he procured the passage of an Act of Assembly, forbidding the citation of English authorities prior to 1776, in order to get rid of the multitudinous cases with which Judge Duncan was wont to confuse his judgment.

To illustrate further the character of Judge Hamilton, in regard to his credulity, a story is told which we believe has never appeared in print. One ____ was tried and convicted in a criminal case where the penalty was death. It was reported, and told to Judge Hamilton afterwards, that the victim had come to life, and that he was lying in wait in the recesses of the South Mountain to in. tercept the Judge, and there wreak summary vengeance upon him, when he should meet him upon the circuit. The Judge asked, "how long was the victim left hanging ? " " Fifteen minutes, your honor." " Why, that was too short a time entirely. In Ireland we hang them for an hour and a half and then decapitated them afterward."

HON. THOMAS DUNCAN.

This distinguished lawyer and able judge, of whom we have before spoken, was a native of Carlisle. His father, who emigrated from Scotland, was one of the first settlers of Cumberland county. Young Duncan was educated at Dickinson College, under Dr. Ramsey, the historian, and studied law in Lancaster under Hon. Jasper Yeates, then one of the Judges of the Supreme Court of Pennsylvania.

On his admission to the Bar he returned to his native place, and begun the practice of law. His rise was rapid, and in less than ten years from his admission he was the acknowledged leader of his profession in the midland counties in the State, and for nearly thirty years he continued to hold this eminent position. He was appointed by Gov. Snyder, in 1817, to the Bench of the Supreme Court in place of Judge Yeates, deceased. He shortly after removed to Philadelphia where he resided until his death, which occurred on the 16th of November, 1827.

Judge Tilghman, a man of very gentlemanly manners and a model

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judge, was then Chief Justice, and Judge Gibson was the other Associate.

At the Bar Mr. Duncan was distinguished by quickness and acuteness of discernment, promptness of decision, accurate knowledge of men and things, and a ready recourse to the rich stores of his own mind and memory. He was a most excellent land and criminal law lawyer, enthusiastically devoted to his profession, indefatigable and zealous. He practiced over a great part of the State, receiving very large fees for his services. He had, perhaps, the largest practice of any man in the State, outside of Philadelphia.

Afterwards—during the ten years he sat upon the Bench, associated with Gibson and Tilghman—he contributed largely to our stock of judicial opinions, and the reports contain abundant memorials of his industry learning and talents. These opinions are contained in the Pennsylvania State Reports, beginning with the third volume of Sargeant and Rawle and ending with the seventeenth volume of the same series.

Judge Duncan survived his excellent friend Judge Tilghman but a few months.

In appearance Mr. Duncan was about five feet, six inches high, of small, delicate frame, and yet was able to endure great fatigue. He was rather reserved in his manners ; had a shrill, squeaking voice ; wore powder in his hair ; knee breeches and buckles, and was very neat and particular in his dress.

Jodge Duncan was said to he ready at repartee, and was, if not the author, at least an early user of a famous retort..

On one occasion Watts, who was of Herculean frame, alluded somewhat contemptuously to Duncan's stature, saying—" Why, gentlemen, I could put my opponent in my pocket." " Yes, but if you did," retorted Duncan, " you would have more law in your Docket than ever you had in your head." This Parthian arrow seems to have hit the mark, or at least to have raised a laugh in court.

DAVID WATTS.

David Watts was born in Cumberland county, Pennsylvania, Oct. 29th, 1764 ; his parents were Frederick Watts, a native of Wales and Jane Murray, a niece of the celebrated David Murray, Marquis of Tullibardine, a partizan of the Pretender, Charles Edward, who, after the successful battle of Culloden, fled into France.

About 1760 they emigrated to Pennsylvania, then a province of Great Britain. Dickinson College was founded in 1783, and there the subject of the present sketch received as finished a classical and general education as at that time the State could furnish. He graduated in the first class which left its halls.

Mr. Watts afterwards read law in Philadelphia, in the office of that eminent jurist and powerful advocate, William Lewis, LL. D., and was admitted to our Bar as early as October term, 1790 ; he then began the practice of his profession in Carlisle, where his courage and ability soon placed him at the head of the profession, the acknowledged rival of Thomas Duncan, who had been for years the recognized leader on that circuit.

Indeed, during the administration of Judge Hamilton these two lawyers, Watts and Duncan, had between them, in our own county, a larger practice, perhaps, than all the other members of the Bar combined, and beside this they traveled over an extensive circuit, trying important land cases in different portions of the State.

It seems that Mr. Watts was not a man to be gored by the horns of a dilemma. On one occasion he was counsel for the defendant in a case which was an indictment for perjury in qualifying to the return of property by a debtor on his application for the benefit of the insolvent laws. The act of assembly required the applicant to make return of his property. He submitted a schedule, to which he had been qualified, which he declared was a schedule of his property. It was alleged, on the part of the commonwealth, that there were fraudulent omissions, and that the deponent had thus sworn falsely. But. Mr. Watts made the point that the applicant in swearing that the exhibit was a statement of his property, was not to be understood as declaring that it was a schedule of all of his property, and therefore that he was not guilty of perjury. The court, Judge Franks being on the bench, instructed the jury to that effect, and the defendant was acquitted. It may be said this instruction was more in accordance with the dictates of humanity than of law. In other words, that it was not common sense, and common law is said to be the perfection of reason or of common sense. There is a caricature of law in an old English play which represented an entertainment of servants in the absence of the master of the house. The conversation turned on law. One of the party said that a position spoken of as law, was not law,. that it was mere nonsense. Oh, said the other, " It may be nonsence, but still it may be very good law for all that."

Mr. Watts, once, at the Carlisle Bar, quoted from Teague O'Regan. Judge Hamilton asked, " What book is that you read from ?" " Modern Chivalry, your honor." " It is not a proper book to read from in court," said the Judge. " I wish," said Mr. Watts, " that your honor could write such a book ;" and lie proceeded with the argument.

There was a case which was, at the time, the occasion of much merriment at the expense of Mr. Watts. A man and woman were in his office in relation to some legal matter in which their marriage was material. They had been co-habiting together, and Mr. Watts inquired whether they had been married. Not being assured of it, he directed them to stand up. He asked the man whether he took the woman to be his lawful wife. To which he answered in the affirmative. To the question to the woman, whether she took the man as her. lawful husband, or in other words to that effect, she replied, "To be sure, he is my husband good enough." The reporter of the case states that Mr. Watts advised them to go before a magistrate and repeat the ceremony, but this was not done. The Supreme Court decided that though marriage is a civil contract, requiring no religions ceremonial, yet that it must be entered into in words implying a present agreement to contract it ; that in this case the woman referred only to a past co-habitation, and this was insufficient for the purpose. The case is that of Hantz vs. Sealy, and reported in 6th Binney Reports.

Mr. Watts was an impassioned, forcible and fluent speaker, and was conceded to he an able lawyer. There was a striking contrast in the appearance of Mr. Watts and Mr. Duncan. Mr. Watts was apparently a strong, powerful man ; Mr. Duncan was a small man. Their voices were very dissimmilar ; that of Mr. Watts was strong and rather rough ; that of Mr. Duncan was weak, and sometimes quite shrill when excited in pleading,

Since writing the above notice of Mr. Watts and Duncan, I have perceived the following in Brackenridge's Recollections of Places and Persons in the West, the time referred to being in or about 1807. He says that he attended the court of Carlisle where there were two very able lawyers, Messrs. Watts and Duncan. " The former was possessed of a powerful mind, and was the most vehement speaker I ever heard. He seized his subject with an Herculean grasp, at the same time throwing his Herculean body and limbs into attitudes

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which would have delighted a painter or a sculptor. He was a singular instance of the union of great strength of mind with bodily powers equally wonderful..

Mr. Duncan was one of the best lawyers and advocates I have ever seen at a Bar, and he was, perhaps, the best Judge that ever sat on the supreme bench of the state. He was a very small man, with a large but well-formed head. There never was a lover more devoted to his mistress than Mr. Duncan was to the study of law. He perused Coke upon Littleton as a recreation, and read more books of reports than a young lady reads new novels. His education had not been very good, and his general reading was not remarkable. I was informed that he read frequently the plays of Shakespeare ; and from that source derived that uncommon richness and variety of diction by which he was enabled to embelish the most abstruse subjects, although his language was occasionally marked by inacuracies, even violation of common grammar rules. Mr. Duncan reasoned with admirable clearness and method on all legal subjects, and at the same time displayed great knowledge of human nature in examination of witnesses and in his addresses to the jury. Mr. Watts selected merely the strong points of his case, and labored them with an earnestness and zeal approaching to fury ; and perhaps his forcible manner sometimes produced a more certain effect than that of the subtle and Wiley advocate opposed to him."

In March term, 1806, on motion of Chas. Smith, Esq., and on certificate of James Hamilton, filed, Isaac Brown Parker is admitted.

Mr. Parker had read law under James Hamilton, Esq , just previous to the time of his appointment to the Bench. His committee of examination was Ralph Bowie, Chas. Smith 'and James Duncan, Esqrs.

John Thompson, a student of David Watts, is also admitted and examined by the same committee.

In August term, 1808, on motion of Thomas Duncan, their preceptor, Alexander Mahon and William Ramsey were admitted. Their committee consisting of David Watts, John B. Gibson and Andrew Carothers, Esqrs.

In August term, 1811, on motion of David Watts, Esq., John Williamson is admitted.

It was under the administration of Judge Hamilton also that General Samuel Alexander and John D. Mahon were admitted to our Bar. Their names begin to appear upon the records of our court in about the year 1817.

Of the above attorneys admitted under Hamilton, William Ramsey was one. He was a lawyer of large practice, but more particularly of great political influence, having more power, perhaps, in his own (the Democratic) party, than any man who has since lived in our county. He was, for some time, our representative in Congress. He died in 1831.

JOHN WILLIAMSON, ESQ.

John Williamson was, for many years, a member of our Bar. He was the brother-in-law of Hon. Samuel Hepburn, with whom he was for a long time associated. He was born in Mifflin township, Cumberland county, Sept. 14th, 1789, and graduated at Dickinson College, Carlisle, in 1809. He was admitted to our Bar August term, 1811. He had previously read law with Luther Martin, of Baltimore, Md., who was one of the counsel for Aaron Burr, in his trial for high treason, at Richmond, Va. Luther Martin, the " Federal Bull-dog," as he was called, was a character altogether sum GENERIS, with an unlimited capacity both for legal lore and liquor. In the former respect only his pupil somewhat (although in a less degree) resembled his preceptor.

Mr. Williamson seems to have been exceedingly well versed in law, with an intimate knowledge of all the cases and distinctions, but withal, without the power to apply them accurately to. the case in hand. The very depth or extensiveness of his learning. seemed at times to confuse his judgment. He saw the case in every possible aspect in which it could be presented ; but then, which particular phase should, in the wise dispensation of an all ruling providence, happen to be THE LAW, as afterwards determined by the court, was a question often too difficult to decide.

Mr. Williamson was by nature too conscientious, and had too great a reverence for legal authority to believe with Burr, that the law consists of " whatever is boldly asserted and plausibly maintained." It is to the bold and self-reliant man, but to the superficial lawyer, that such a maxim is characteristic.

But although eminently learned in his profession Mr. Williamson seems to have been at the other extreme. He relied too much upon. the doctrine STARE DECISIS and too little upon his own judgment. Had he had more of that self-reliant will and intrepidity of character which characterized the author of the above mentioned maxim, and less learning, he would withal have been a more successful counselor. His aid, however, as it was, in a cause was invaluable, and it was. nearly always as a counselor that he was employed. To perform the duties of an advocate he had either not the talents or the ambition.. He died in Philadelphia, Sept. 10th, 1870.

HUGH HENRY BRECKENRIDGE, L.L. D.

In the year 1816 died Hugh Henry Breckenridge, L.L. D., a justice of the Supreme Court. Mr. Breckenridge was not a member of our Bar, but he resided for a long time in Carlisle, and is well remembered by a few of our older inhabitants. He was born in Scotland in 1748, came to this country young and graduated at Princeton under Dr. Witherspoon in 1774.

In 1788, when Edward Shippen became Chief Justice, Breckenridge was appointed in his place as an associate, and for many years continued upon the Bench of the Supreme Court.

Judge Breckenridge was a singular character, very learned and very eccentric. He is the author of " Modern Chivalry" and the " Gazette Writings," which are both humorous and ironical. In appearance he was tall and somewhat bent in the shoulders, of a dark, sallow complexion, and small, black, penetrating eyes, and hair of " sable silvered." He was very careless in his dress, and his address was, if possible, still worse than his dress. In manner he was reserved and somewhat misanthropic. His contempt for appearances. was often carried to excess, and with coat off, boots drawn and feet against the desk, he has been known to sit during the trial of a. case at Nisi Prius, while surrounded by the most polished and distinguished men who ever graced a judicial tribunal.

There are other odd reminiscences related of him, which may throw. additional light upon his idiosyncracies. During the time the circuits existed a friend of the Judge, riding in his carriage in the western part of the State, while a prodigious storm of wind and rain prevailed, saw a figure approaching which resembled what might be conceived of Don Quixote, in one of his wildest moods ; a man, with nothing on but his hat and boots, mounted upon a tall,

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raw-boned Rosenant, and riding deliberately through the tempest. On nearer approach he discovered it to be Judge Breckenridge, and upon inquiring. what was the cause of the strange phenomenon, Breckenridge informed him that, seeing the storm coming on, he had stripped himself and put the clothes under the saddle ; " because," said he, " though I am a judge, I have but one suit, and the storm, you know, would spoil the clothes ; but it couldn't spoil me."

In order to understand the full application of this last notion, strange as it may seem, after what has been said of the Judge's personal habits, it should he mentioned that he was a great devotee to shower-baths, which he regularly continued the year through, and upon some occasions, when the luxury of a regular bath could not be obtained, he would place himself behind the grating of a basement window, or some similar contrivance, and employ some sturdy servant from the outside to dash a bucket of water upon him through the grating, while in that position.

Another story is as follows :

Having, during the Revolutionary war, severely lampooned General Lee, (at that time one of the ruling, though discontented spirits, of the American army,) he was hotly pursued by the irritated officer, for the purpose of personal chastisement. The Judge, however, succeeded in reaching his house, and entering and locking the door, he rushed up stairs and looked out of the window upon his enraged pursuer. " Come down, sir," said the General, " and I'll give you a cow-hiding." " I won't," was the ready reply, " not if you'll give me TWO."

The following is given in answer to an alleged challenge—in Modern Chivalry, and is truly characteristic.

" I have two objections to this duel matter—the one is, lest I should hurt you ; the other is, lest you should hurt me. I don't see any good it would be to me, to put a ball through your body ; I could make no use of you when dead, for any culinary purpose, as I would a rabbit or turkey.

" As to myself, I do not like to stand in the way of anything hurtful. I am under the impression that you might hit me. This being the case I think it most advisable to stay in the distance."

There is a lengthy sketch of Judge Brackenridge in David Paul Brown's Forum—from which most of the above is taken.

The manner in which Judge Breckenridge obtained his wife, reads like a chapter from Don Quixote. While on the circuit he meets the fair daughter of some sturdy tiller of the soil. She is mounted, and bringing home the cows from the pasture. He is struck with her appearance, and compliments the rustic Maud Muller upon her horsemanship. She, pleased, boasts of her prowess. He tells her that if she can leap the fence with her charger, he will marry her, and she, taking him at his word, leaps, not only over the fence, but also, seemingly into the Judge's affections. The sequel is—he has her educated afterwards and does marry her. The writer has seen a lampoon, written by Judge Hamilton in relation to this curious incident, but which he is not at liberty to publish.

Judge Breckenridge died in 1816. He is buried at Carlisle.

JAMES HAMILTON, JR.

James Hamilton, Jr , was the son of Judge Hamilton. His mother was the daughter of the Rev. William and Janet Thompson.

After having completed his preparatory studies he entered Dickinson College, and was graduated in the year 1812. He was a class mate of Judge R. C. Grier, of the United States Supreme Court. After his graduation, young Hamilton read law in the office of Isaac B. Parker,

Esq., (who was an uncle by marriage) and was admitted to the Bar at the April term, 1816, while his father was upon the Bench. For several years Mr. Hamilton followed his profession, but being in affluent circumstances, he gradually retired from active practice. He seemed to prefer living a quiet and retired life, but it was a life by no means idle or unfruitful. He had great interest in the training of the young ; he was an ardent friend of education ; was interested in the common schools and was for some years an efficient member of the Board of Trustees of Dickinson College.

Although his legal acquirements may not have been so varied or extensive as that of many other of the members of our Bar, yet the profession has certainly been honored by the membership of one of such great moral worth and extensive usefulness.

Mr. Hamilton was a man of very aristocratic proclivities, and like his father, Judge Hamilton, he possessed some very singular eccentricities. He remained a bachelor during life, and at his death the name and blood of the Hamilton family became extinct. He died 23rd of January, 1873.

GEN. SAMUEL ALEXANDER.

General Samuel Alexander was the youngest son of Col. John Alexander, a Revolutionary officer, and was born in Carlisle, in 1792. He was a graduate of Dickinson College ; he read law in Greensburg with his brother, Major John B. Alexander, an officer of the war of 1812, and became a prominent lawyer in that part of the State ; he afterwards returned to Carlisle, and by the advice of Judge Duncan and Mr. David Watts, was induced to become a member of our Bar, at which he soon acquired a prominent position. In 1820 he married Annie S. Blaine, a grand-daughter of Col. Ephraim Blaine, a Revolutionary officer, by whom he had two sons, who died in infancy, leaving no one to perpetuate his name.

As an advocate Mr. Alexander had but few superiors at the Bar. In the early part of his career he was a diligent student, and was in the habit of carefully digesting most of the reported cases. In addition to this he was possessed of a tenacious memory, and seemed never to forget a case he had once read. He was always fully identified with the cause of his client, and possessed that thorough one-sidedness so necessary to the successful advocate.

He possessed also great tact, and an intuitive quickness of perception. In the management of a cause he was apt, watchful arid ingenious. If driven from one position, like a skillful general, lie was always quick to seize another. In this respect his talents, it is said, only brightened amid difficulties, and shone forth only the more resplendent as the battle became more hopeless.

Nor was oratory, the crowning grace and the most necessary accomplishment of the advocate, wanting. He was a forcible speaker, with a wonderful command of language, and with the happy faculty of nearly always using the right word in the right place. In his matter, although sometimes diffusive, in his manner he was always bold, vigorous and aggressive.

Mr. Alexander was formidable in speech, sarcastic, and often ironical. He was a master in personal invective—in this he had no superior. In arriving at the evidence in a case he was equally at home. He sometimes contemplated a witness with something of the suppressed delight of an inquisitor, who gazes upon his victim before he places him upon the rack.

Mere vulgar abuse is a common thing, and easily acquired, but

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keen or telling invective, whether or not it be an enviable, is certainly, at least, a rare acquirement. It is also a necessary one often to the advocate. But he should practice economy. The emotional element should not be so strong as to confuse instead of sharpening the judgment. The blow must be dealt Machiavelli-like with coolness and deliberation. Indeed, as it has been said, all passion which does not pass through the intellect before passing out at its object, will soon scatter itself into mere froth or foam. Such in substance is the advice of one who " if he has done anything for the great cause he has feebly illustrated will have that benign satisfaction which comes from the serene consciousness of having aided, no matter how humbly, in that noble enterprise which is to make the world a more uncomfortable residence than ever before by giving contempt a subtler venom, sarcasm a sharper point, scorn a more poisonous sting, hatred a more overwhelming vehemence and invective a more universal dominion."

Mr. Alexander does not seem to have been a technical or case lawyer,but rather to have depended upon the inherent powers of his own mind. A friend of the writer, when quite a young man, once had occasion to call upon him at his office. Mr. Alexander was lying upon a lounge, with his eyes closed and apparently wraped in profound meditation. He roused himself from his reverie and said somewhat brusquely—" Go away, please, I can not talk with you." The visitor departed, and with feelings somewhat wounded. A few days afterwards Mr. Alexander made one of his most powerful orations, and succeeded in acquitting his client. Soon after, meeting the young gentleman 'whom he had so summarily dismissed from his office, he said—" You must have thought I was a singular sort of a man the other day ; didn't you ? but I was just then preparing my case." " Why, General ! I did not think you were so very busy—I saw no books." " Oh, yes ! he replied ; I was just then thinking of the bible and Shakespeare ; and these, after all, are the greatest authorities." Another anecdote is told of Mr. Alexander which is a humorous specimen of legal logic. He was concerned to defend a man who had beaten his wife. Both the prosecutor and the accused were of rather a low grade of intellect and social standing. He read to the jury a passage from Blackstone ; to the effect that by the common law a man was allowed to chastise his wife moderately. Blackstone, said he, is the great expositor of the common law ; the common law was made for common people, and God knows, gentlemen of the jury, where you can find any one who is more common than my client."

Whether this logic was as convincing as it was ingenious we have never heard.

On one occasion, at the end of a tedious trial, in which he was concerned, when Judge Hepburn was upon the Bench, and the evidence had all been closed, he wished the court to adjourn, pleading utter fatigue and inability to continue the case. The court said no, let us finish it to-night. Mr. Alexander rose to speak ; he began with the creation of the world, the universal deluge and the like, and told in his speech to the jury all the facts of .modern history which he could recall as auxiliary to his subject. After an hour of such rambling remarks the court began to get restless and attempted to interrupt the speaker, but the lawyer was not to be stopped ; he insisted vehemently upon his rights, appealed to the Masoic code, the Constitution of the United States, and the like, until the court finally succumbed, and sat patiently through the long and wearisome oration. This reminds us of the story told of a zealous young man who insisted upon reading a petition for a writ of QUO WARRANT̊, in the Supreme Court, when Gibson was upon the Bench. The court wished to adjourn. " I have a Constitutional right to speak," said the advocate. " That is true," said Gibson, " but the Constitution does not compel us to listen.

Mr. Alexander, besides his legal habits and acquirements, had a natural taste and inclination for mechanics—he was fond of music, and still fonder of anything concerning the military life.

He was himself for years the leader of a band, and also, for a long time, at the head of the Volunteer regiment of this county. The sounds of martial music were always the most delightful to his ears, and there is a story told of Wm. M. Biddle, who was an inimitable mimic ridiculing Mr. Alexander's military propensities, by imitating in a very ludicrous manner, the sounds of a drum and fife, to the infinite amusement of the jury and spectators. Of course, like the king who, never dies, the stern gravity of the judicial countenance is supposed never to be relaxed.

Towards the latter part of Gen.. Alexander's life his profession seems to have become distasteful. At least, with his abilities unimpaired, he appeared but seldom in the trial of a cause. He died in Carlisle on the 13th day of July, 1845, and in the fifty-second year of his age.

One case, which was very ably tried by Mr. Alexander in about 1842, partakes in its circumstances considerably of romance. It is reported in one of the books, where the Supreme Court decides " That a confederacy to assist a female infant to escape from her father's control with a view to marry her against hiS' will is indictable as a conspiracy at the common law."

Three gentlemen, all of good standing, aided the young lady to escape from a second story window in the night, while the anxious Romeo waited to receive his bride. The gentleman, as well as the lady, was of a very respectable family, but, for some reason unknown, the father of the bride objected to the alliance.

Wm. M. Biddle and Frederick Watts were the counsel for the plaintiffs, while James H. Graham, who was then under Governor Porter Deputy Attorney General for the county, and Samuel Alexander, Esqrs., represented the part of the commonwealth.

The case was tried with marked ability and resulted in the conviction of the offenders.

JOHN D. MAHON, ESQ.

John Duncan Mahon was born at Pittsburg, on the 5th of November, 1796, and died on the third day of July, 1861, after a brief illness. He was the oldest son of Rev. Samuel Mahon, a Presbyterian minister, and Anna Duncan, a sister of Judge Duncan, who, after the death of her husband, moved to Carlisle. There were three children —Mary, afterwards the wife of Rev. Richard Henry Lee, of 'Washington ; John, the subject of our present sketch, and David Nelson,. who was for several years a physician in the United State Navy, and who afterwards, for many years, was a practitioner of medicine in Carlisle. In 1810, at the age of fourteen, young Mahon entered Dickinson Cellege, and graduated with honor in 1814. He immediately began the study of the law under the instruction of his uncle,. Thomas Duncan, and was in due time admitted to our Bar. In 1833 he removed to Pittsburg, and became a prominent member of the Bar of that city, where he resided until his death.

The following beautiful eulogy on the character of Mr. Mahon is from the pen of Judge McClure, of Pittsburg :

168 - HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA.

" John D. Mahon was raised and educated at Carlisle, Cumberland t aunty, Pa. He graduated with honor at Dickinson College. He studied law with Thomas Duncan, at Carlisle. David Watts and Thomas Duncan were then in the zenith of their fame ; they were giants in intellect ; they were leviathans in the law, and both men of magnificent literary acquisitions—they were retained in all great cases within the circuit of their practice, and always on opposite sides. At the very time that Mr. Mahon was admitted to practice, his preceptor, Mr. Duncan, was elevated to the Supreme Bench, which he adorned as long as he lived. He transferred. his whole business to his then youthful student, John D. Mahon. The responsibility was immense, he did not shrink from it—he met it, and his eminent success vindicated the highest hopes of his warmest friends. His very first step was. into the front rank of his profession. Mr. Mahon haS told me more than once, he has told me witnin the last year, that his self-possession and success were, in part at least, owing to the magnaniimity and kindness of his veteran opponent, Mr. Watts, of whom he always spoke with admiration and feeling.

Mr. Mahon was one of those rare men whom nature sometimes. but very rarely, frames in the prodigality of her gifts. What others learned by study and painful investigation, seemed to flash upon him clear as the blaze of day. His preceptions were intuitive, quick as thought, and seemed almost to exempt him from the drudgery of books. He was intended by nature for an orator. Who of these good Judges but know this well. His power of persuasion were exceedingly great, and in addressing the passions, the sympathies, or the peculiarities of the dispositions of men, he never made misakes. His every gesture was graceful, his style of eloquence was the proper word in the proper place for the occasion and his voice was music. He never made a tedious speech in his life ; but how often the court, the jury, and the Bar felt regret, almost disappointment, that his voice of melody had ceased so soon ; the time he occupied was not too short, it only seemed so. In social intercourse his cheerfulness, good temper, and brilliant conversational powers amounted to fascination.

I have known Mr. Mahon since I was seven years of age, and I here bear witness that I never heard him speak ill of any man. His wit was bright and playful as sheet lightning—it never took a personal direction, it never blasted any man or anything. With his mode and manner of trying cases we are all familiar, but it is worthy of especial mention, that, when the poor and needy were on trial, he either at the suggestion of the Court, or from the generous impulses of his nature, most cheerfully undertook their defence, and these defences were always conducted with as much ability and zeal as he would have bestowed, or could have given to the case, had a large compensation been the reward of his exertions. There are lofty and pure luxuries in his life which money cannot purchase, and to him the defence of those who had no helper, was always a high and positive enjoyment."

In the Autumn of 1828, at the mouth of Sherman's creek, Mr. Mahon, aided by his manager, John Agnew, of severe parental memory, commenced a project, the wisdom of which has since been proved, and its success, although in other hands, became a matter of history. He gave to it the name of his brother-in-law, and perhaps Duncannon is now one of the most famous places on the banks of the Susquehanna. Mr. Mahon was naturally an orator. With pleasing address and great suavity and dignity of manner. His voice was musical, either in song or speech, and of great compass. A gentleman relates how, while at one of Dempster's concerts in Musical Fund

Hall, Philadelphia, listening to the ballad "My Boy Tammie," he heard the voice of a gentleman by his side saying 4' John D. Mahon could beat that all hollow."

Fame, at best, is but a postponed oblivion, while, as it has been often said, the reputation of a lawyer is necessarily evanescent. This is particularly true of the advocate, and it is this thought, which caused Rufus Choate to say, with melancholy foreboding, " After all I there is no immortality but a book." The jurist may descend to posterity in his opinions, for the press has given an immortality to his thoughts ; but the spontaneous eloquence, the speaking countenance, the words born for the occasion which so move us by their power, melt us with their pathos, or carry our thoughts away upon the wings of the rapid and quick coming fancies which they express—which touch our lips with laughter and our eyes with tears, and which seem to open up all the hidden springs of our emotions, these soon grow dim and leave no lasting impression upon our memory.

GENERAL RECOLLECTIONS OF THE BAR.

Years after this an anonymous, bold, but somewhat facetious writer, naming himself " A Genuin Carlisler," in giving his reminiscences of Carlisle, thus speaks of his recollections of the Bar :

" Then, there was the Carlisle Bar, of which our fathers were so proud, whose members were objects of our juvenile admiration. John D. Mahon was its bright particular star, young, graceful eloquent and with a jury irresistible. Equal to him in general ability, and superior perhaps in legal acumen, was his contemporary and rival, Samuel Alexander, Esq. Then there was the vehement Andrew Carothers, and young Frederick Watts, just admitted in time to reap the advantages of his father's reputation, and create an enduring one of his own. And George Metzger, with his treble voice and his hand on his side, amusing the court and spectators with his not overly delicate facetia. And there was " Billy Ramsey, with his queue," a man of many clients and the SINE QUA NON of the Democratic party, and then towering above them all was CRIER Thompson, who used to fetch us boys up all standing with his sudden and stentorian demand for silence."

HON. CHARLES SMITH.

In the year 1819 Charles Smith is appointed to succeed Hamilton as the fifth President Judge of our Judicial District. Mr. Charles Smith was born at Philadelphia, March 4th, 1765. He received his degree B. A. at the first commencement of Washington College, Chestertown Md., March 14th, 1783, delivering the Valedictory Oration. His father, William Smith, D. D., was the founder, and at that time the Provost of that Institution. Charles Smith commenced the study of the law with his elder brother, Wm. Moore Smith, who then resided at Easton, Northampton county. After his admission to the Bar he opened his office in the town of Sunbury, Northumberland county, where his industry and rising talents soon procured for him the business and confidence of the people. He was elected delegate, with his colleague, Simon Snyder, to the convention which framed the first constitution for the state of Pennsylvania, and was looked on as a very distinguished member of that talented body of men. Although differing in the politics of that day from his colleague, yet Mr. Snyder for more than thirty years afterwards remained the firm friend of Mr. Smith, and when the former became the Governor of the state for three successive terms it is well known that Mr. Smith was his confidential adviser in many important matters. Mr. Smith

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was married in 1719 to a daughter of Jasper Yeates, one of the Supreme Court Judges of the state, and soon removed from Sunbury to Lancaster, where Judge Yeates resided. Under the old circuit court system it was customary for most of the distinguished country lawyers to travel over the Northern and Western parts of the state with the Judges, and hence Mr. Smith, in pursuing this practice, soon became associated with such eminent men as Thomas Duncan, David Watts, Charles Hall, John Woods, James Hamilton, and a host of luminaries of the Middle Bar. Among them Mr. Smith always held a conspicuous station, and his practice was consequently lucrative and extended. The settlement of land titles, at that period, became of vast importance to the people of the state, and the foundation of the law with regard to settlement rights, the rights of warrantees, the doctrine of surveys, and the proper construction of lines and corners, had to be laid. In the trial of ejectment cases the learning of the Bar was best displayed, and Mr. Smith was soon looked on as an eminent land lawyer. In after years, when called on to revise the old publications of the laws of the state, and under the authority of the Legislature to frame a new compilation of the same (generally known as Smith's Laws of Pennsylvania) he gave to the public the result of his knowledge and experience on the subject of land law, in the very copious note on that subject, which may well be termed a treatise on the land laws of Pennsylvania. In the same work his note on the criminal law of the state is elaborate and instructive to the student and the practitioner. Mr. Smith was in 1819 appointed President Judge of the District, comprising the counties of Cumberland and Franklin, where his official learning and judgment, and his habitual industry, rendered him a useful and highly popular Judge.

On the erection of the District Court of Lancaster he became the first Presiding Judge, which office he held for several years. He afterwards removed with his family to Baltimore, where he resided a few years, and finally removed to Philadelphia, where he spent the last years of his life, and died in that city in 1840, in the seventy-fifth year of his age.

HON. JOHN REED, L.L. D.

In the year 1820 John Reed is appointed President Judge of our District.

Hon. John Reed was born in what was then York, but what is now, Adams county, in 1786. He was the son of General William Reed, of Revolutionary fame. After graduating at Dickinson College, Carlisle, he read law under the direction of William Maxwell, of Gettysburg. In 1809 he was admitted to the Bar, and commenced the practice of the law in Westmoreland county. In the last two years of his professional career he performed the duties of Deputy Attorney General' In 1815 Mr. Reed was elected to the State Senate, and on the 10th day of July, 1820, he was commissioned by Governor Findlay President Judge of the Ninth Judicial District, then composed of the counties of Cumberland, Franklin, Adams and Perry. When in 1839, by a change in the Constitution, his commission expired, he resumed his practice at the Bar, and continued it until his death, which occurred in Carlisle, on the 19th day of January, 1850, when he was in the 64th year of his age.

In 1834 Judge Reed was elected Professor of law in Dickinson College, and many men, afterwards eminent in their profession, were among the number of those who received their elementary knowledge under his tuition.

In 1839 the degree of L L. D. was conferred upon him by the officers of Washington College, Pennsylvania.

THE BAR UNDER JUDGE REED.

Judge Reed presided for nineteen years in a district where the Bar was not inferior to any in the commonwealth, having among its members T. Hartley Crawford, George Metzger, Thaddeus Stephens, Andrew Carothers, James Hamilton, John D. Mahon, Charles B. Penrose, Frederick Watts, Wm. M. Biddle, Samuel Alexander, Wm. Sterrit Ramsey, Samuel Hepburn, George A. Lyon, James H. Graham, Hugh Gaullagher, John Williamson, William Carothers, George McGinnis, E. M. Biddle, James H. Devon, Lemuel G. Brandonberry, William Knox, Thomas Craighead, and others.

It is during the latter part of Reed's administration also that J. Dunlap Adair is admitted to our Bar, and appointed in the succeeding year by the Attorney General as Prosecuting Attorney for the county.

It is while Judge Reed is still upon the Bench of our county courts that John B. Gibson is appointed Chief Justice of Pennsylvania.

It is under Reed also, in the November term, 1837, that three gentlemen are admitted to our Bar, all of whom afterwards have become distinguished in various directions.

These were Andrew G. Curtin, afterwards Governor of Pennsylvania, Alfred Nevin, a prominent minister of the Presbyterian church, and Robert A. McMurtrie, Esq. They were all examined together on the evening of the 10th of August. Their committee consisting of John Williamson, Hugh Gaullagher and James H. Graham, Esqrs.

HON. CHAS. B. PENROSE.

Charles Bingham Penrose is admitted under Reed. He was born near Philadelphia, October 6, 1798. After reading law with Samuel Ewing, Esq., in Philadelphia, he immediately removed to Carlisle, and was admitted to our Bar, August term, 1821, at -which he soon acquired a prominent position. In 1833 he was elected to the State Senate, and at the expiration of his term was re-elected. In this capacity he achieved distinction even among the men of ability who were then chosen to fill this office. In 1841 he was appointed, by President Harrison, Solicitor of the Treasury, which position he held until the close of President Tyler's administration.

He settled afterwards in Lancaster, then in Philadelphia, in both places successfully pursuing his profession. In 18,56 he was again elected (as a Reform candidate) to the State Senate, during which term he died, after a short illness, of pneumonia, at Harrisburg, April 6th, 1857.

In appearance, Mr. Penrose was, perhaps, slightly above the medium height, with white hair, and fine intellectual, but determined, expression of countenance. In his character he was unselfish, benevolent, self-reliant and earnest in whatever he undertook to accomplish ; his manners were polished, gentle, courteous and genial, and his whole demeanor, in short, that of a Christian gentleman.

Mr. Penrose was married to Valeria Fullerton Biddle. Their oldest son, William M. Penrose, was a prominent member of our Bar ; the second, R. A. Penrose, is a distinguished practitioner of medicine in Philadelphia, while their third son, Clement Biddle Penrose, Esq., holds a high position at the Bar of that city.

HUGH GAULLAGHER.

Hugh Gaullagher appears under Reed, at the Bar in about the year 1824. The following sketch is from the pen of A. Brady Sharpe, Esq. :

170 - HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA.

Hugh Gaullagher, Esq., was a native of Ireland ; he studied law with Hon. Richard Coulter, of Greensburg, and shortly after his admission to the Bar commenced the practice of the law in Carlisle ; his death occurred on the 14th of April, 1856.

Mr. Gaullagher was never an eloquent man ; nor was he a very skillful man in the trial of a cause ; he was far stronger with the court than with the jury ; his gait was awkward, and so was his delivery ; but he had a good knowledge of the elements of his profession, and a clear conception of the legal principles evolved from conceded facts.

His preparation, in cases of importance in which he was concerned, was generally careful and extensive ; lie was fond of going back to the oldest cases in which he found the principle on which he relied, stated ; and would much rather read an opinion of Lord Mansfield or of Hale, or of my Lord Coke, than the latest delivered by our own Supreme Court, not that he disregarded the latter, but because he reverenced the former.

His position at the Bar was always more that of a counselor than of an advocate ; lie was always spoken of by laymen as a good counselor, or in the ordinary phrase, as " good counsel." This implies, with those who know the genius of our people, at least high respectability—for no man is ever considered such unless he has integrity of character, and more than an ordinary share of legal learning. These qualities he had, and they were recognized and conceded by the Court and his brethern at the Bar.

He was an affable man, fond of conversation, fond of reading, particularly fond of reading history, and was a very agreeable and instructive companion ; he had few relatives, and had the appearance of loneliness in the latter years of his life ; his wife died many years before him ; lie had but one child, his daughter, Julia, now the wife of Col. Conrad, of the United States Army ; his death was sincerely regretted by the Court and Bar, and an inner circle of immediate friends, and he passed away without, perhaps, a single enemy on earth.

In addition to the above sketch we add the following :

There is an amusing incident related in regard to the manner in which an opposite counsel to Gaullagher, in relation to the same case, once caused it to " go by default."

On the day preceding the one in which the case was to be called for trial, his friend and opponentinvited Gaullagher to visit him at his country house and spend the night with him. The invitation was accepted, the wine circulated freely and both went to bed.

To Gaullagher the night seemed long, and he frequently awoke, but his host told him that he was only nervous or restless, and that he disturbed him by his continual awakening. Gaullagher lay through the long night, in which it seemed that Aurora had gone to sleep. Finally both arose and drove to town, when it appeared that the court was over, and that the important day had gone by, during his "supposed" nocturnal slumber. In short, he had been put in a darkened room where both had remained some thirty-one hours, instead of the one night only, which Gaullagher had supposed. For winning a case upon such grounds Mr. Gaullagher's host was too veteran an opponent. In fact, during these times, and at a later period, some of the members of the Bar held occasionally " high carnival."

In their sentiments they seemed to agree with those expressed by Curran, the great Irish advocate, in his poem on "'The Knights of the Screw," a bright but bibulous legal con-fraternity, in Ireland, and of which he was one of the leading spirits.

He says that when Saint Patrick first created the order he laid down certain rules

" —But first he replenished his fountain,

With liquor the best in the sky,

And he swore by the word of his Saintship

That fountain should never run dry.

* * * * * * * *

Then be not a glass in a convent,

Except on a festival found ;

And this rule to enforce, I ordain it,

A festival—all the year round.

WILLIAM M. BIDDLE, ESQ

Wm. M. Biddle, Esq., appears under Read, about the year 1825. The.-following sketch is written by Edward W. Biddle, Esq., of our Bar ;

William McFunn Biddle was born in Philadelphia, on the 3rd day of July, 1801, and died of heart disease in that city, where he had gone to place himself under the care of physicians, on the 28th day of February, 1855.

He was the great-great-grandson of Nicholas Scull, Surveyor General of Pennsylvania from 1748 to 1761, who, by direction of Governor James Hamilton, laid out the borough of Carlisle, in 1751.

His father, William Biddle, first cousin of the financier, Nicholas Biddle, was a resident of Philadelphia, and died in the year 1809 ; his mother, Lydia Spencer, daughter of Rev. Elihu Spencer, of Trenton, New Jersey, continued to reside in Philadelphia until 1827, when she moved to Carlisle and, having built the house in which her son, Edward M. Eiddle now resides, lived in the borough until her death in 1858, at the advanced age of 92 years.

The subject of the present notice was originally destined for mercantile pursuits, but the death of his cousin Henry Sergeant, an East Indian trader, who had promised him a partnership in business, put an end to these plans and his attention was turned to the law. He was married in 1823, in his 23rd year, to Julia M. Montgomery, sister to the late Rear Admiral John B. Montgomery, and his mercantile prospects having failed, he found himself at this interesting epoch of his existence, in the position of having no earthly posession but a wife. Not being willing, however, to be fed as are the ravens, lie immediately went to Reading, Penna., and studied law with his brother-in-law, Samuel Baird, Esq. In 1826, shortly after his admission to the Bar, he moved to Carlisle, induced to do so by the advice of another brother-in-law, Charles B. Penrose, Esq., who had recently opened a law office there, and was then rapidly rising into a good practice. Located in Carlisle, he soon acquired a large business, which he retained to the day of his death, a period of twenty-nine years.

In person he was tall and rather stout, with a full, clean-shaved and handsome face, and a general appearance which denoted that he could well withstand the rough usages of life. Like Lord Byron, he had a tendency to grow fat, which he much disliked, and although he did not imitate the eccentric example of his Lordship, in limiting his food to six dry buscuits a day, yet during the season of Lent he regulated his diet with the most rigorous strictness ; the religious observance in this case serving the double purpose of contributing to the good both of the soul and of the body.

He was a great sportsman, and thoroughly knew the favorite feeding grounds of the plover and the grouse, as well as those watery coverts in the neighborhood, to which the wood-cock, the snipe and the rail were wont to return with the returning season. At that time gunning was not the precarious amusement it has since became, but birds were always found when properly hunted, and like Banquo's

HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA - 171

ghost would often " up " at the most unexpected places. Mr. Biddle was a rare instance of a sportsman who loved to eat his game as well as shoot it, and he was quite willing to forget for a time the aesthetic pleasures of the hunt in the calm occupation of enjoying its results. In domestic life he shone, and his house was the constant resort of many of his friends.

Both he and his children were fine natural musicians and they had diligently cultivated their talents. Mr. Biddle himself performed upon the flute, his two oldest sons played first and second violin, any one of his three daughters the piano, and with outside assistance from his nephews on the banjo, the viola and the double-bass, he always managed in the evening to afford his guests a very pleasant entertainment. He was endowed with a large fund of wit and anecdote—perhaps larger than that of any other lawyer who has appeared at the Cumberland county Bar—and in addition to this he was an excellent mimic. In his speeches to the jury he sometimes ventured to indulge to the utmost his powers of humor and then, we are told, the jurymen would fairly shake with merriment, and even over the stern countenances of the magistrates of the law would gradually creep that expression of joyous delight that showed that justice may sometimes smile as well as slumber.

In relatiug a story his every action spoke, and each gesture—each motion of the hand—told a part of the tale. Once he was defending a man named Adolphus Trout, who had his lonely habitation in the solitudes of the South Mountain, and who, seduced to Carlisle by the multifarious attractions of a political mass-meeting, had fallen a victim to the poisonous delights of drinking whiskey and had concluded the day by being arrested for assault and battery.

Mr. Biddle, in defending him referred to the beautiful fish, (Trout) which rejoiced in the same appellation as his unfortunate client, and which, as experience shows, is doomed to destruction as soon as it leaves the sparkling ripples of its native spring and enters the murky -waters of the creek. So his client, on the morning of that fatal day, had left the sweet influences of his mountain home as a pure, untainted Trout, but as soon as a hard destiny had thrown him into the turbulent stream of town life, he became a " gone sucker."

Although he thus cultivated the amenities of social intercourse he did not permit them to interfere with his professional duties or to take his attention from the more serious business of life. His, indeed, was the INGENIUM VERSATILE ; he was withal a hard student, and what is the best, after all, a truly good man, and the combination of high intellectnal and moral qualities made him always a safe, and much-valued counsel.

In his addresses both to the court and jury lie was very effective, owing partly to his nice tact as a speaker, and partly to his well known private character. He had the confidence of the people, and the respect and admiration of the Bar. He is buried in the old grave yard at Carlisle.

CHIEF JUSTICE GIBSON, L.L. D.

[Note.—There are extant, to the writer's knowledge, three sketches of the life and character of Chief Justice Gibson ; the first, an essay of 140 pages, by Wm. A, Porter ; a biography in David Paul Brown's Forum, and lastly, a brief and very imperfect sketch in Dr. Nevin's late work entitled " Men of Mark of Cumberlrnd Valley." The writer has freely availed himself of all these sources of information.]

It is in the year 1827 that John B. Gibson is appointed Chief Justice of Pennsylvania. He was born on the 8th day of November, 1780, in Shearman's Valley, then Cumberland, now Perry county, Pennsylvania. He was of Scotch-Irish descent, and the son of Col. George Gibson, a gallant soldier of the Revolution, who, like Achilles, " foremost fighting fell " at the defeat of St. Clair, in 1791, covered with honorable wounds.

In the spring of 1795 young Gibson was placed in the preparatory school connected with Dickinson College, and subsequently studied in the collegiate department, from which institution he graduated. At the period of Mr. Gibson's entrance into Dickinson College, the presidential chair of the institution was filled by Charles Nesbitt, D. D., a Scotchman by birth, whose attachment to the American cause had made him an exile from his native land.

During this period Gibson was in the habit of frequenting the office of Dr. McCroskry—one of the oldest practitioners of medicine in the place—and the father of the present Bishop, and there acquired a taste I or the study of physic, which lie never lost.

On the completion of his collegiate course, he entered on the study of law in Carlisle, in the office of his kinsman, Thomas Duncan, with whom he was afterwards to occupy a seat on the Bench of the Supreme Court. He was admitted to the Bar of Cumberland county in March, 1803.

He first opened his office in Carlisle, then removed to Beaver, then to Hagerstown, but shortly afterward returned to Carlisle. This was in 1805, and at this point is the beginning of a remarkable career.

" During the period of Mr. Gibson's practice at the Bar and for some years preceding it, the professional field in Pennsylvania had been occupied by a race of lawyers of rare powers," notwithstanding which, Mr. Gibson seems to have had a reasonable share of the legal practice of Cumberland county, and to have maintained his ground with such men as Duncan, Watts, Bowie, of York, and Charles Smith, of Lancaster, who, at the time of which we speak, had but few equals in the State.

Nevertheless, it may well be doubted whether his qualifications were of such a character as would ever have fitted him to attain high eminence at the Bar. In this opinion David Paul Brown and W. A. Porter both concur.

The qualities which constitute a great judge may fit one to be but an indifferent advocate, and it is a singular fact in the history of our profession that, VICE VERSA, men who have had brilliant records at the Bar have had but indifferent ones upon the Bench. This is too well known to need illustration.

In fact, at this period of his life Mr. Gibson seems to have been known rather as a fine musical connoisseur and art critic than as a successful lawyer. He was a good draughtsman—a judge of fine paintings, and a votary of the violin. In a note appended to the sketch of his life in David Paul Brown's Forum, I see it stated that as an amateur musician he was, perhaps, unequaled in the United States.

However this may be, there are many of the older inhabitants of our borough who remember him as walking in the street carrying with him his favorite instrument. 'William Porter, in his interesting and admirable essay, says " that when clients knocked at his front door, the sound was frequently overcome by the strains which proceeded from a violin in the hidden recesses of the office. The instance is unique. Euripides, in his Medea, is careful to tell us of the power of Orpheus over the rocks and trees, and Plato mentions that when the same person followed his wife to Hades, the charms of his lyre suspended the torments of the damned. This was very well for

172 - HISTORY OF CUMBERLAND, COUNTY, PENNSYLVANIA.

those times. But neither poet nor philosopher has been bold enough to inform us of the existence of any melody sufficient to satisfy modern clients. I certainly have heard few musical airs rapid enough to accord with their excited emotions, or slow enough to suit their ideas of the march of justice, or sweet enough to purify the turbid and bitter waters "which flow from the stagnant pool of litigation.

In 1810 Mr. Gibson was elected by the Democratic party of Cumberland county, a member of the House of Representatives, and after his term of service expired, in 1812, he was appointed President Judge of the Court of Common Pleas, for the Eleventh Judicial District, composed of the counties of Tioga, Bradford, Susquehanna and Luzerne

In the fall of the same year he was united in marriage to Sarah Galbraith, the daughter of a retired Revolutionary officer, a lady of fine accomplishments and amiable disposition. Their family consisted of eight children, some of whom are still living.

While Judge Gibson was in the House of the Legislature, in the spring of 1811, the impeachment proceedings against Thomas Cooper, then President Judge of the Eighth Judicial District of Pennsylvania, had begun to occupy a share of the public attention, and Mr. Gibson was appointed one of the committee to consider the complaints which were made against him.

"The Committee reported the draft of an address to Governor Snyder for the removal of the Judge from his office. Against this address and the doctrines which it advocated, Mr. Gibson placed on record a written protest, written in clear, vigorous English, and containing sound constitutional principles, on the ground for which the Legislature may petition for the removal of a Judge.

" It was probably the position taken by Mr. Gibson upon this occasion which led to the intimacy which afterwards subsisted between himself and Judge Cooper. On the death of the latter in 1840, Judge Gibson furnished to Prof. Vethake a sketch of the life of his friend, which will be found in the sixteenth volume of the Encyclopedia Americana.

He there passes in review his attainments in the natural sciences, in chemistry, in anatomy and medicine, his matriculation at the University of Oxford, his residence at the Inns of Court, his attendance on the circuits, his deputation from one of the Democratic clubs in England to the party of the Girond in France, Edmund Burke's denunciation of him in the House of Commons and Mr. Cooper's reply, his establishment as a bleacher and calico printer at Manchester, his practice as a lawyer in Northumberland, Penna., his prosecution under the sedition act, his appointment as President Judge and the effort at his impeachment, his appointment as Professor of Chemistry, at Dickinson College, at Carlisle (during which he edited his well-known edition of " Justiniaus Institutes "), afterwards at the University of Pennsylvania and then as President of Columbia College, South Carolina. It is the history of an extraordinary man, concisely and clearly written.

Justice Gibson's personal appearance at this time is within the recollection of men who are still living. He was a man of large proportions, a giant both in physique and intellect ; he was considerably over six feet in height, with a muscular, well-proportioned frame, indicative of strength and energy, and a countenance expressing strong character and manly beauty.

" His face," says David Paul Brown, " was full of intellect, sprightliness, and benevolence, and, of course, eminently handsome ; his manners were remarkable for their simplicity, warmth, frankness and generosity. There never was a man more free from affectation or pretension of every sort."

" Until the day of his death," says Porter, " although his bearing was mild and unostentations, so striking was his personal appearance that few persons to whom he was unknown could have passed him by in the street without remark."

Upon the death of Judge Breckenridge, in 1816, Judge Gibson was appointed by Gov. Snyder, Associate Justice of the Supreme Court, where, as it has been said, if Tilghman, was the Nestor, Gibson may be said to have become the Ulysses of the Bench.

Gibson was succeeded in the Common Pleas of Tioga, where he had served three years, by Thomas Burnside, his life-long friend and companion, whose singular eccentricities, sound practical sense and universal kindliness of heart, have rendered his name familiar in our judicial annals.

These qualities must have endeared him to Gibson, for between them during life there existed a warm personal attachment, which seems never to have been broken for a single clay, and when Judge Burnside lay stretched in death, Gibson threw his arms in an agony of tears around the lifeless form of his departed friend, and pressed his own to those cold lips over which the kindly words or the merry jest were never more to pass.

This appointment of Gibson to the Bench of the Supreme Court seems first to have awakened his intelect and stimulated his ambition. He partly withdrew himself from his former associates, and was thus delivered from numerous temptations to indolence and dissipation. He became more devoted to study, and for the first time perhaps in his life he seems to have formed a resolution to make himself master of the law as a science. Coke particularly seems to have been his favorite author, and his quaint, forcible and condensed style, together with the severity of his logic, seem to have had no small influence in the development of Gibson's mind, and in implanting there the seeds of that love for the English common law, which was afterwards everywhere so conspicuous in his writings.

It is pertinent here to remark that Judge Gibson, like Coke and Blackstone, seems never to have had any undue fondness for the civil law. Whether this was on account of the purely Anglo Saxon fibre of his mind, or on account of a want of opportunity in the means through which to become thoroughly acquainted with this, the most beautiful universal and symetrical system of law which the world has ever known, we can not say, but certain it is that he seems to have cast ever and anon a suspicious glance at the efforts of a Judge Story, and writers of that school, to infuse its principles in a still greater degree, into our common law. I need refer only to the opinions delivered in Dyle vs. Richards, 9 Sargeant and Rawle, 322, and in Logan vs. Mason, 6 Watts and Sargeant 9, in proof of the existence of these views in the mind of their author.

In an old number of the " American Law Register" there is a review of Mr. Troubat's work on limited partnership by Gibson. It was the last essay he ever wrote, and in it he says : " The writer of this article is not a champion of the civil law ; nor does he profess to have more than a superficial knowledge of it. He was bred in the school of Littleton and Coke, and he would be sorry to see any but common law doctrines taught in it." But here Gibson is speaking of the English law of real property, and he afterwards says—" The English law merchant, an imperishable monument to Lord Mansfield's fame, shows what. a magnificent structure may be raised upon it, where the ground is not preoccupied."

Hitherto the Bench of the Supreme Court had consisted of only three Judges, but under the act of Assembly of April 8th, 1826,

HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA - 173

the number was increased to five. But little more than one year elapsed before the death of the then Chief Justice, Judge Tilghman, and his successor was the subject of the present sketch. He received his commission on the 18th of May, 1827, and in this case the mantle had fallen upon no unworthy successor. The powers of his mind at this time seem to have caught a fresh impetus. " The gradual and uniform progress of his mind from this time forth," says Col. A. Porter, in his admirable essay, " may be traced in his opinions, with a certainty and satisfaction which are perhaps not offered in the case of any other Judge known to our annals. His original style, compared to that in which he now began to write, was like the sinews of a growing lad compared to the well-knit muscles of a man. No one who has carefully studied his productions can have failed to remark the increased power and pith which distinguished them from this time forward."

On the 19th of November, 1838, he resigned his position as Chief Justice, and was at once re-appointed by Gov. Ritner. Under the Constitution of 1838, substituting a term of years for life appointments, the commissions were to expire at intervals of three years, in the order of seniority, from first of January, 1839. By resigning Judge Gibson prolonged his term of office. It was certainly a very injudicious act, and it received the severe comment of the press of that period.

In 1848, 1849 and 1850 the principle of an elective Judiciary was engrafted on the Constitution of Pennsylvania. The only member of the then existing court who was placed on that ticket was Judge Gibson. But on assuming his seat, it is said, that he appeared to take much less interest than formerly in the proceedings of the court, and much less part in its business. " He seemed," says Porter, " like a noble bird that had been, by some unexpected event, drawn into a strange flock, which, whether better or worse, were not his old associates ; but of necessity widely different, and belonging almost to a different age. There was often a look of abstraction upon his face which told that his thoughts dwelt more with the past than with the present. The powers of his mind, however, had lost something of their ancient vigor. When he wrote at all he wrote like himself."

It was at this time that he once boasted to a friend that he had, at last, reached the height of his judicial ambition, which was to keep his eyes steadily fixed upon a dull speaker, while his thoughts were engaged with other things.

In regard to his mental habits, Mr. Gibson was a deep student, but not a close student ; he worked most effectively, but he worked reluctantly. The concurrent testimony of all who knew him is, that he never wrote except when under the pressure of absolute necessity, but when he once brought the powers of his mind to a focus, and took up the pen, then, like Scott, he wrote continuously and without erasure. When he once begun to write an opinion he very rarely laid it aside until it was completed. This has given to his opinions a consistency and unity of conception, otherwise difficult to have been obtained.

These opinions of Chief Justice Gibson very seldom pretend to give a history of decided cases—they are not of that character ; he invariably puts the decision upon some leading principle of law, referring to but few cases, and then only by way of illustration, or to show exceptions to the general rule. He was, like Coke, eminently self-reliant and depended in a high degree upon his own inherent powers. He appeared at a time when our law was in many respects unsettled or unstable, and his labors for more than forty years aided greatly in bringing it to its present improved condition.

In regard to his style much has been said—it is a judicial style at once compact, technical and exact.

His language is so skillfully adapted to his thoughts that his writings can be made to convey just what he means to express and nothing more. His meaning is not always upon the surface, but when it is once perceived it is certain, and without ambiguity. Such qualifications, as will be readily acknowledged, are of the highest importance in judicial writing.

It has been said of him that " one could pick out his opinions from others like gold coin from among coppers."

The highest English courts acknowledge his authority. James X. McLanahan, while member of Congress, once found him in a hotel in Harrisburg and said : " Judge, while in London, a short time ago, I went into Westminster Hall and heard the trial of a case. One of the counsel cited an American authority, without giving the name, and the Chief Justice said at once, " That is by Chief Justice Gibson, of Pennsylvania. His opinions are considered of great weight in this court." Gibson was affected even to tears by this flattering testimony to his ability.

Chief Justice Gibson died in Philadelphia on the 3rd day of May, 1853, in the seventy-third year of his age. He was buried two days afterwards in Carlisle.

In the old grave yard in the centre of the town is a tall marble shaft, which commemorates " John Bannister Gibson, L.L. D., for many years Chief Justice of Pennsylvania. Born November 8, 1780, died May 2nd, 1853."

Upon it we read the following beautiful inscription, from the pen of Chief Justice Jeremiah S. Black :

In the various knowledge

which forms the perfect SCHOLAR,

He had no superior.

Independent, upright and able,

He had all the highest qualities

of a great JUDGE.

In the difficult science of Jurisprudence,

He mastered every Department,

Discussed almost every question, and

Touched no subject which lie did not adorn.

He won in early manhood,

And retained to the close of a long life,

The AFFECTION of his brethern on the Bench,

The RESPECT of the Bar,

And the CONFIDENCE of the people.

HON. JOHN KENNEDY.

In the year 1830 John Kennedy, Esq., is appointed to the Bench of the Supreme Court.

Hon. John Kennedy was born in Cumberland county in June, 1774- He graduated at Dickinson College, and afterwards read law with. Judge Hamilton, at Carlisle, and was admitted to the Bar of that. county, in 1794. He almost immediately removed to a northern cir- cuit, where he became the compeer of men like James Ross, John, Lyon, Parker Campbell and others scarcely less distinguished.

He afterwards removed to Pittsburgh, where his high reputation as a lawyer at once. introduced him to a lucrative practice.

In 1830 he was appointed a Justice of the Supreme Court, which office he held up to the time of his decease. His opinions, extending through twenty-seven volumes of Reports, are distinguished for their lucid argumentation and the laborious research exhibited in them.

174 - HISTORY OF CUMBERLAND COUNTY, PENNSYLVANIA.

After pursuing the profession long and actively, he carried with him to the Bench a mind well stored with legal principles, strengthened by experience, and sustained by the consciousness of a liberal education. His labor was unceasing and indefatigable. Only when in occsional ill-heath was there any abatement of his habitual industry. He always exhausted the subject under consideration, until nothing was left to be said. He was partial to the ancient authorities, and piled one upon another until his opinions seem rather to be essays on the whole doctrine of the law involved in the case, than an authoritative annunciation of the decision of the court upon the mere points in issue.

His mind was of a legal nature, cool and dispassionate, and deeply imbrued with the elements of the science. His perfect familiarity with the details of every case which came before him, was the result of assiduous attention. His purpose seemed always to apply the law to the question at issue, without either refining upon abstract principles upon the one hand, or yielding to personal influences upon the other. The rules which governed his judgment appear to reach to the most expanded equity, while they do not depart from technical accuracy. In bringing a mind, thus capable of nice discrimination and thus honestly disposed, to act upon the intricacies of an artificial system, he felt that it was strengthened by knowledge which only extensive reading could have supplied.

In short, the whole tenor of his mental occupations, led to the adoption of a pure and exalted system of conservative philosophy. There was no slavery to the doctrines of ancient law, nor cringing submission to the radical theories of the present times. Modest, quiet, calm, firm, independent and dignified, and strangely imbued through life with the political precepts of the school of Washington, his character presented the most perfect picture of a perfect gentleman. Governor \Volt, a Democrat, the choice, and at the head of a party avowing that the spoils belong to the victors—was too honest and had too much discrimination, not to appreciate the exalted talents of the great but unobtrusive John Kennedy, of Pittsburg, and to the green end of Pennsylvania he sent his commission for this most excellent man, although he did not hold his creed, and against the murmurs of hundreds of greedy expectants. This single act of executive independence and homage to learning and intellect, was glory enough for George Wolf, and should canonize his memory with the bright and glorious history of our Commonwealth."

In the modest virtues of this upright judge—this distinguished jurist and profound scholar, we have an example of a long life, properly spent, and of opportunities not neglected. To the student this example is an admonition that a great and lasting reputation is to be acquired only by a life of unremitted industry and constant study. And yet these instances of a proper use of time and intellect are rare.

The average life of man is of such short duration—so much of it is routine, so much retrospect and so much preparation that the real pith and substance of it reduces itself into but a few hours, and he, who like the Roman Emperor crying aloud for his lost legions, would not experience the regret of recalling in vain his misspent hours, " must learn to know the value of the present minutes, and endeavor to let no particle of time fall useless to the ground."*

At a meeting of the members of the Bar, in the Supreme Court mom, on the 28th of August, 1847, on the occasion of the death of

* The Rambler

Judge Kennedy, Chief Justice Gibson said; " It was my good fortune to know him from boyhood, and we all knew him long enough at the Bar or on the Bench, to appreciate his. value as a lawyer, and as a man. My brother Rogers and myself sat with him in this court between fifteen and sixteen years, and we had ample reason to admire his industry, learning and integrity. Indeed, his Judicial labors were his recreations. He clung to the common law as a child to its nurse, and bow much he drew from it may be seen in his opinions, which, by their elaborate minuteness, reminds us of the over-fullness of Lord Coke, Patient in investigation and slow in judgment, he seldom changed his opinion. A cooler head and a warmer heart never met together in the same person ; and it is barely just to say that he has not left behind a more learned lawyer or a more upright man."

Among the anecdotes in the Forum we find the following: " It is recorded that Sergeant Maynard had such a relish for the old Yearbooks that he carried one in his coach to divert his time in travel, and said he preferred it to a comedy. The late Judge Kennedy, of the Supreme Court, who was the most enthusiastic lover of the law we ever knew, used to say that his greatest amusement consisted in reading the law ; and, indeed, he seemed to take almost equal pleasure in writing his legal opinions, in some of which (Reed vs. Patterson, for instance,) he certainly combined the attraction of law and romance."

Judge Kennedy died do the 27th day of August, 1846, in the 73rd year of his age. He was buried in Carlisle.

WILLIAM STERRETT RAMSEY.

One of the youngest and most promising members of the Bar, admitted under Reed, was William Sterrett Ramsey.

The following facts in regard to Mr. Ramsey are taken chiefly from an obituary notice in the Lancaster " Intelligences," supposed to have been written by the Hon. James Buchanan :

William S. Ramsey was born at Carlisle, June 16th, 1810. He entered Dickinson College in the autumn of 1826, where he remained three years. In the summer of 1829 he was sent to Europe to complete his education and to restore, by active travel and change of scene, health to an already debilitated condition. The same year he was appointed by our Minister to the Court of St. James, Hon. Lewis McLane, an attache to the American Legation. He improved his residence in Europe by pursuing his legal studies and visiting the Courts of Westminister Hall. While there he acquired a knowledge of finance and political economy, and refreshed his reading by visiting the spots made famous by Shakespeare and Scott.

He visited the author of Waverly, at Abbottsford, to whom lie bore letters from Washington Irving. He often called this afterward the happiest day he had spent in Europe. He gazed at Melrose Abbey by moonlight and left the Tweed full of love and admiration for the talents of that wonderful man.

Immediately after the Revolution of the three days, July, 1830, he was sent with dispatches to France. While there he spent much of his time at the hotel of General Lafayette and in his saloons met many of the celebrated men of that period.

Subsequently, in company with his father's intimate friend, Prof. Vethake, (under whom he had pursued his earlier studies) he visited the Rhine, the Netherlands, the Hague and various provinces of France, and in the year 1831 returned to America. In the month of September, in the same year, his father died. In 1833 he was admitted to the Bar of Cumberland county.

In 1838 he was elected a member of Congress„ and at .a succeeding