The power to erect courts of justice and to appoint all judicial

officers in and for the Province of Pennsylvania was by the express

terms of the charter conferred upon the Proprietary. But, in deference

to the wishes of the people, Penn was willing to forego to some degree

the exercise of this extraordinary right and the concurrence of the

Assembly was invariably required to the bill for the erection of a

court. The judges during the early years of the Province were also

selected by the Provincial Council, the members of which were elected

annually by the people in accordance with provisions of the Frame of

Government.

The County Courts of the Province had their origin in 1673, under the

Government of James, Duke of York, and were established in every county,

“to decide all matters under twenty pounds without appeal,” and to have

exclusive jurisdiction in the administration of criminal justice, with

an appeal, however, in cases extending to “Life, Limbo and Banishment,”

to the Court of Assizes in New York. These courts usually consisted of

five or six justices, which met quarterly. No one learned in the law

presided on the bench, no attorney was allowed to practice for pay.

Juries were only allowed to consist of six or seven men, except in cases

of life and death, and in all save those instances, the conclusions of

the majority were allowed to prevail.

The first court held in the Province, the records of which are

preserved, was held in Philadelphia January 11, 1682. There were six

bills presented to the Grand Jury, all but one having to do with the

highway. That one exception was a petition for a court house.

These tribunals lacked almost every element of distinctly English

procedure, but were continued by Penn. Justices of the Peace were from

time to time commissioned, some for the whole Province and some for a

particular county. Their attendance at court was secured by the penalty

of a fine.

Twelve jurymen were subsequently provided whose unanimous opinion was

required to bring in a verdict. The panel of jurymen was drawn in a

highly primitive manner. “The names of the freemen were writ on small

pieces of paper and put into a hat and shaken, forty-eight of whom were

drawn by a child, and those so drawn stood for the Sheriff’s return.”

The civil jurisdiction of the County Courts was first distinctly defined

in 1683, when all actions of debt, account or slander and all actions of

trespass were by Act of Assembly declared to be originally cognizable

solely by them. Other jurisdiction was given them by subsequent action

of the Legislature.

The justices interfered to promote and defend the popular interests in

all matters that were of public concern. In very early times they

granted letters of administration. They superintended the laying out of

roads, apportioned the town lots to responsible applicants, took

acknowledgments of deeds and registered the private brands and marks of

considerable owners of cattle.

They exercised, too, a supervision over all bond servants, regulated the

sale of their time, afforded summary relief if they were abused by their

masters, punished them with stripes or the pillory if they attempted to

escape, and took care that they were at liberty to purchase their

freedom on reasonable terms.

July 8, 1683, “Philip England made complaint against Sea Captain James

Kilner, who denieth all alleged against him, only the kicking of the

maid, and that was for spilling a chamber vessel upon the deck;

otherwise he was very kind to them.”

They were also intrusted with other duties. The minutes of the

Provincial Council for February 12, 1687–8, show that the County Court

of Philadelphia was ordered to cause “stocks and a cage to be provided,”

and was required “to suppress the noise and drunkenness of Indians,

especially in the night, and to cause the crier to go to the extent of

each street when he has anything to cry, and to put a check to horse

racing.”

In 1702 the Grand Jury found true bills for the following offenses:

“John Simes, ordinary, and others, for keeping a disorderly house to

debauch the youth. John was disguised in women’s clothes walking the

streets openly, and going from house to house against the laws of God

and this Province, to the staining of the holy profession, and against

the law of nature. Edward James, a like offender, at an unreasonable

hour of night.

“Dorothy, wife of Richard Conterill, is indicted also for being masked

in men’s clothes, walking and dancing in the house of said John Simes at

10 o’clock at night. Sarah Stiver, wife of John Stiver, was also at the

same house, dressed in men’s clothes, and walked the streets.”

It is quite probable that these indictments stopped any further attempts

to hold “masquerade balls” in Philadelphia for some years.

In 1703 three barbers were indicted for “trimming on the First day”;

three persons were brought before the Court for playing cards; a butcher

was in court for “killing meat in the street and leaving their blood and

offals there,” another for “setting up a great reed stack on Mulberry

Street, and making a close fence about the same.” Many runaways were

publicly whipped.

In the year 1708 “Solomon Cresson, a constable of the City of

Philadelphia, going his rounds at 1 o’clock at night and discovering a

very riotous assembly in a tavern, immediately ordered them to disperse,

when John Evans, Esq., Governor of the Province, happened to be one of

them, and called Solomon in the house and flogged him very severely, and

had him imprisoned for two days.”

In 1731, at New Castle, “Catherine Bevan is ordered to be burned alive,

for the murder of her husband; and Peter Murphy, the servant who

assisted her, to be hanged.”

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Pious Henry Antes Organized First

Moravian Synod January 12, 1742

Pious Henry Antes assembled at his home in Germantown on January 12,

1742, thirty-five persons, representing eight distinct denominations of

the Christian religion, and formed the first Moravian Synod.

Heinrich Antes (Von Blume) of a noble family in the Palatinate, was born

about 1620. He left a son, Philip Frederick, born about 1670.

When Philip Frederick and his wife came to America they brought only the

oldest, Johann Heinrich, born in 1701, and the youngest, Mary Elizabeth,

along.

It is not known exactly when the Antes family arrived in America. The

last time we find the name of Philip Frederick Antes in the Freinsheim

Church book of baptisms is in September, 1716. The first time we find

his name in America is in the Deed Book of Philadelphia County, in

February, 1723, when there was recorded a deed conveying to Antes a

tract of 154 acres along the Swamp Creek. In the deed Antes is described

as a resident of Germantown. On April 9, 1742, he married Elizabeth

Wayman. In 1725, Philip Frederick Antes lived in Frederick Township,

where he died November 28, 1746.

Henry Antes, the son, was taught the trade of carpenter and mill-wright

before coming to America. He was tall in stature, of a large frame,

strong physique and enjoyed robust health.

After his father moved to New Hanover Township, Henry stayed in

Germantown, where he engaged in partnership with William Dewees in the

construction of a paper mill and grist mill, both at Crefeld along the

Wissahickon.

On February 2, 1726, Henry Antes was married to his partner’s daughter,

Christina Elizabeth Dewees, who was born in Pennsylvania in 1702. She

died October 5, 1782. The ceremony was celebrated by John Philip Boehm,

pastor of the German Reformed congregations of Falkner Swamp, Skippack

and Whitemarsh.

His trade took him to various parts of the settled portion of

Pennsylvania. His services were in constant demand. Antes became known

to many people. He was thoroughly familiar with the streams, water

power, forest and soil of many localities.

On September 2, 1735, he bought 175 acres in Frederick Township, near

his father’s farm. In partnership with George Heebner he at once began

the erection of a grist mill upon his own property, which for many years

was known far and wide as Antes’ Mill.

Antes lived the rest of his life on his Frederick Township farm, except

when temporarily called away, and during his short residence in

Bethlehem among the Moravians.

In 1736 Antes had a quarrel with the Reverend Mr. Boehm, the cause of

which is not known. Boehm said he had occasion to speak to Antes several

times on necessary matters. A statement friendly to Antes said it was

caused by Antes rebuking Boehm for unbecoming behavior. It was probably

caused by Boehm speaking to Antes in protest at his close association

with Bishop Spangenberg. At any rate Antes left Boehm’s church and

became a Moravian.

In religious matters Henry Antes displayed much zeal and activity. He

became known as the “Pious Layman of Fredericktown.” He taught the

proper way of life to his countrymen, frequently calling them together

in their homes for prayers, reading of the scriptures and exhortation.

He was thus employed in Oley as early as 1736.

In 1740 a great religious revival occurred in Falkner Swamp. George

Whitefield, the great revivalist, preached at the house of Christopher

Wiegner at Skippack, then later in the day he preached at the house of

Henry Antes. About two thousand persons, mostly Germans, with some

Quakers, Dunkards, Swedes, Huguenots and other church people were in

attendance.

Antes yearned for the unity of the followers of the Christian religion.

On November 24, 1741, Count Zinzindorf came to Philadelphia to unite the

leading men of the several denominations in Pennsylvania for evangelical

work. John Bechtel indorsed the movement, and Henry Antes issued a call

for the first meeting in furtherance of this object to be held in

Germantown. In order to command the confidence of German colonists it

was necessary that the movement be recommended by one well known to the

people, so Antes issued the call.

Because the movement did not meet with success in the way anticipated

Henry Antes really died of a broken heart. The Moravian Church, however,

was one of the results.

During the session of the Moravian Synod, March, 1745, at the home of

Henry Antes, he offered the use of his farm and buildings and his mill

for the brethren to be used as boarding school for boys.

On June 3, 1745, the school was started with thirty-four scholars.

Christina Francke Christopher, of Bethlehem, was superintendent, and

John C. Heyne, a teacher. The Moravians named it Mount Frederick School,

and it was the first nonsectarian school in Pennsylvania.

Antes and his family, excepting two sons, John and Henry, who remained

as pupils, moved to Bethlehem. Here he gave his whole time to the

temporal affairs of the Moravians. He planned and superintended the

building of the first mills, dams, bridges and houses at the different

Moravian settlements.

On December 15, 1745, he was appointed by King George of England, to be

Justice of the Peace for Bucks County, in which Bethlehem was then a

part. October 27, 1748, Henry Antes was appointed business manager of

the Moravians.

In 1750 Antes withdrew from the Moravians, because he did not approve of

the introduction of the wearing of a white surplice by the minister at

the celebration of the Eucharist.

During the summer of that year the white scholars were transferred to

the schools at Oley and Macgungie and the Indians and Negroes to

Bethlehem, and in September, 1750, Mount Frederick School was closed and

Henry Antes moved back to his farm.

In 1752 Antes was appointed justice of the peace for Philadelphia

County, but at this time his health was broken, caused by an injury

received during the construction of the Friedenstal Mill, near Nazareth.

On August 25, 1752, Antes accompanied Bishop Spangenberg to North

Carolina. Antes was in miserable health and returned home in the spring

of 1753. He was an invalid until he died July 20, 1755.

He was buried by the Moravians in the family graveyard beside his

father. Bishop Spangenberg preached the funeral sermon. Ten pall-bearers

from Bethlehem carried his body to its final resting place.

Antes left four distinguished sons: Frederick, a delegate to the

Provincial Convention in Carpenters’ Hall, a colonel of the Sixth

Battalion of Philadelphia County Militia, which participated in the

Battle of Brandywine, etc. He removed to Northumberland where he held

many important positions of honor and trust, and was president judge of

the county. He was the father-in-law of Governor Simon Snyder; William,

a lieutenant colonel in the Revolution; John, a Moravian who suffered

untold agonies in a mission field in Egypt; and John Henry, Lieutenant

Colonel in Revolution, sheriff of Northumberland County and the pioneer

settler of what is Nippenose Valley in Lycoming County. Five daughters

also survived Pious Henry Antes.

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General Simon Cameron Defeated Colonel

Forney for United States Senate,

January 13, 1857

Great excitement prevailed all over the State of Pennsylvania, and the

Democracy of the great Commonwealth were thrown into intense

perturbation and indignation, January 13, 1857, by dispatches from

Harrisburg announcing that Representatives Samuel Manear, of York

County, William H. Lebo, and G. Wagenseller, of Schuylkill County,

Democratic members of the Legislature, had not only refused to support

John W. Forney, the caucus nominee of their party for United States

Senator, but had given their votes to the opposition candidate, Simon

Cameron.

Forney was one of the favorites of the Philadelphia Democracy at this

time, and they were moved to the warmest feelings of resentment by the

base treachery which had removed from his grasp the cherished object of

his ambition.

Meetings were held by various clubs and organizations, denouncing the

traitors in unmeasured terms. The names of Manear, Lebo and Wagonseller

remained for many years synonymous with corruption.

At Harrisburg the hotels long refused to receive them, and in

Philadelphia and other places there yet remain some who have not

forgotten to regard them with contempt.

The result of this unforeseen defeat of Colonel Forney was the loss of

an accomplished publicist and statesman, and to give Philadelphia, in

the career which opened before him a few months later, its most eminent

journalist.

The story of this political event is interesting to students of the

history of our state.

When Hon. James Buchanan was appointed Secretary of State, by President

Polk, in 1845, he resigned from the United States Senate to accept the

cabinet portfolio.

This vacancy brought into the political limelight Simon Cameron, then

one of the leaders of the Democratic Party in the State.

Cameron had arisen from his printer’s case in his native county of

Lancaster, and had attained prominence as a newspaper publisher in

Doylestown and Harrisburg, and had been appointed to the office of

Adjutant General by Governor Shulze, when he was but thirty years of

age. He had extensive banking and large iron interests for that day. He

had become a wealthy and influential man.

On account of his business interests he did not give enthusiastic

support to Polk, yet held his grip on the management of the party in

Pennsylvania.

There were a number of prominent candidates for the senatorship to

succeed Buchanan, one of whom was the able George W. Woodward, who

finally received the nomination of his party, and there did not seem to

be a ripple on the political surface.

But Cameron saw his opportunity, and with the power of the canal board,

which he controlled, together with a combination of Protection or

Cameron Democrats with the Whigs, Cameron defeated Woodward, and served

from 1845 to 1849. His election was a keen disappointment to President

Polk and Secretary of State Buchanan.

The new Republican Party became a national organization in 1856.

Former Senator Simon Cameron was in the Know Nothing organization but

was smarting under his long and bitter contest for Senator in 1855, when

he was defeated by former Governor William Bigler.

Colonel John W. Forney was chairman of Democratic State Committee and

had absolute charge of the battle that was fought for the election of

James Buchanan, to whom he was romantically attached.

In the event of Buchanan’s election Forney was assured the editorship of

the Washington Union, the organ of the administration, and the Senate

printing. There were subsequent developments which led the President to

assent to the sacrifice of Forney, and when tendered a cabinet position,

the President was forced to recall it.

President Buchanan then turned to the Legislature of Pennsylvania, which

was still Democratic, and asked that Colonel Forney be elected United

States Senator.

The Democratic Party was demoralized in 1856, when many of its most

distinguished members supported Fremont, and in this condition, the

party lines were rather closely drawn. The Senate stood fifteen

Democrats to eighteen opposition, and the House had fifty-three

Democrats to forty-seven opposition, giving the Democrats three majority

on joint ballot.

The nomination of Forney was not cordially supported by those who were

smarting under the defeat he had given them in October, but there were

very few who were favorable to Cameron, and certainly not one-fourth of

the members would have preferred him as a candidate.

But Cameron, with his exceptional shrewdness as a political manager, saw

that he could depend upon the resentments against Forney among the

opposition members to support him if he could assure them of his ability

to defeat Forney.

Cameron was most fortunate in having in the Senate as one of his earnest

friends Charles B. Penrose, of Philadelphia, a former Senator, and a man

of ripe experience and great political sagacity. He was quite as earnest

in his desire to punish Forney as he was to promote his friend, General

Cameron.

Cameron was not nominated in the caucus, but had the assurance from

Representatives Lebo, Manear and Wagonseller, all Democrats, that they

would vote for him if their votes could elect him.

This information was communicated to Senator Penrose, who very shrewdly

stated to the Republican caucus that the defection of these three votes

would elect General Cameron, if they would unite in their support. The

Republicans refused to take any action until the members could have

absolute information as to the Democratic defection.

Penrose had the caucus name three members who could be trusted and he

would arrange for an interview. This was held at Omit’s Hotel, and Lebo,

Manear and Wagonseller gave the assurance required, and the committee

reported the fact to the caucus, but they were pledged not to divulge

the names of the three persons.

The caucus was somewhat distrustful, but agreed to vote once for

Cameron.

The voting took place only in joint convention, and when the House and

Senate met, the compact was carried out to the letter, and Cameron was

elected over Forney for a full term senatorship.

The whole arrangement was conducted with such secrecy that not one of

the opposition legislators had any idea as to what Democrats had bolted,

and the Democrats themselves did not doubt the fidelity of any of their

members.

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Railroads Fight to Enter Pittsburgh. Great

State Convention January 14, 1846

It was but natural that the great undeveloped wealth of the Mississippi

Valley should attract those who had any vision as to the future of this

vast country. This enormous wealth must be dumped into the great cities

planted along the Atlantic seaboard.

General Washington, skilled surveyor that he was, early trained his eyes

westward, and he spent much time in outlining plans for connecting the

Potomac and Ohio Rivers by means of a canal. Twenty-five years after his

death the Erie Canal was opened, when the merchants of Philadelphia and

Baltimore realized they must awaken or succumb.

Baltimore believed a railroad should be built to the West. The Baltimore

and Ohio, first of all great railroads, shows by its name the purpose

for which it was incorporated. Pennsylvania, however, undertook to

connect the West by a system of combined railroads and canals.

From the first both cities looked to Pittsburgh as the logical terminus

of their improvements. Then began a struggle of Philadelphia-Baltimore

rivalry, which lasted for forty-three years, from 1828 to 1871.

In 1828 Pennsylvania had given a charter to the Baltimore and Ohio, by

which it could construct its line through Southwestern Pennsylvania to

Pittsburgh. The members of the Legislature at that time did not consider

future competition, for the State works had not been built.

The charter was granted for fifteen years, and, in 1839, another act

extended its provisions until 1847. This act, among other onerous

conditions, was discriminating in favor of traffic to Philadelphia; it

also contained a heavy State tax on freight, and the company could not

accept it.

The Pennsylvania State works from Philadelphia to Pittsburgh were

completed in 1834. When the charter of the Baltimore and Ohio expired in

1843, the road was completed only as far as Cumberland.

The company tried to obtain better terms from Pennsylvania. The

residents of the western part of the State were all eager for an

additional outlet to the coast, but the Philadelphia politicians were

unwilling to yield any concession to their Baltimore rivals.

Several years later it was admitted that the State works would never

provide adequate transportation facilities to the West, even though in

excess of $10,000,000 had already been expended and the State seriously

involved. Pennsylvanians were made to realize that railroads were

superior to canals and that the commercial solution of Philadelphia lay

in a central railroad to Pittsburgh.

The feeling in all three cities reached fever heat. The legislative hall

was the battleground and all interests were well represented. The battle

centered on the bill granting right of way through Pennsylvania to the

Baltimore and Ohio Railroad.

Public meetings were held in Philadelphia and elsewhere. A State

railroad convention was held at Harrisburg, January 14, 1846, where

resolutions were adopted favoring the Central Railroad scheme and

against the Baltimore and Ohio right of way grant.

The people of Pennsylvania believed since a railroad must be built it

would be better for it to be run entirely through Pennsylvania and be a

Pennsylvania institution. They also felt that if the Baltimore and Ohio

Railroad was given the franchise, it would be next to impossible to

raise money to build the Pennsylvania Railroad.

Pittsburgh business interests were fearful if the Baltimore and Ohio

Railroad was refused admission to Pennsylvania that road would extend

its rails farther down the Ohio to Wheeling, perhaps, and thus control

river trade, which had been long enjoyed at Pittsburgh. Many meetings

were held in Pittsburgh urging the support of the Baltimore bill. It

must also be understood that State prejudice held back railroads from

entering other States. In 1846 States rights theories were more

potential than they are today.

In this connection the position of the Baltimore and Ohio was

unfortunate and interesting. Either Pennsylvania or Virginia must

charter the company before a road of great importance could be built.

Neither State was willing to do so.

The Baltimore and Ohio bill was defeated in the Senate February 23,

1846, by a single vote. Philadelphia rejoiced and Pittsburgh was sad.

The Senate reversed itself February 26, and Philadelphia was maddened

beyond reason.

On April 10 the Baltimore bill passed the House, with an amendment

providing that the grant to the Baltimore and Ohio should be null and

void if the Pennsylvania Railroad obtained subscriptions of $3,000,000

in capital stock, of which $900,000 must be paid in cash by July 31. The

bill passed the Senate and was signed by Governor Shunk, April 21.

Every effort was exerted to procure the subscriptions, a house-to-house

canvass resulting in 2600 subscriptions. Nearly all of which were for

five shares or less.

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