Copyright
Benjamin Whitman.

Nelson's biographical dictionary and historical reference book of Erie County, Pennsylvania : containing a condensed history of Pennsylvania, of Erie County, and of the several cities, boroughs and townships in the county also portraits and biographies of the governor's since 1790, and of numerous r online

. (page 11 of 192)
Online LibraryBenjamin WhitmanNelson's biographical dictionary and historical reference book of Erie County, Pennsylvania : containing a condensed history of Pennsylvania, of Erie County, and of the several cities, boroughs and townships in the county also portraits and biographies of the governor's since 1790, and of numerous r → online text (page 11 of 192)
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and the amounts owned by them, respectively, the
transfers of said stock, and the names and places
of residence of its officers.

Sec. 3. All individuals, associations and cor-
porations shall have equal right to have persons
and property transported over railroads and
canals, and no undue or unreasonable discrimina-
tion shall be made in charges for, or in facilities
for, transportation of freight or passengers within
this State, or coming from or going to any other
State. Persons and property transported over
any railroad, shall be delivered at any station, at
charges not exceeding the charges for transporta-
tion of persons and property of the same class, in
the same direction, to any more distant station;
but excursion and commutation tickets maj' be
issued at special rates.

Sec. 4. No railroad, canal or other corpora-
tion, or the lessees, purchasers or managers of
any railroad or canal corporation, shall consoli-
date the stock, property- or franchises of suc'n cor-
poration with, or lease or purchase the works or
franchises of, or in any way control any other
railroad or canal corporation, owning, or having
under its control, a parallel or competing line;
nor shall any officer of such railroad or canal cor-
poration act as an officer of any other railroad or
canal corporation, owning, or having the control
of a parallel or competing line; and the question



AND EISTOBICAL BEFEBENCE BOOK OF EBIE COUJUTr.



whether railroads or canals are parallel or com-
peting lines shall, when demanded by the party
complainant, be decided by a jury as in other civil
issues.

Sec. 5. No incorporated company doing- the
business of a common carrier shall, directly or in-
directly, prosecute or engage in mining or manu-
facturing articles for transportation over its
works; nor shall such company, directly or in-
directly, engage in any other business than that
of common carriers, or hold or acquire lands, free-
hold or leasehold, directlj- or indirectly, except
such as shall be necessary for carrying on its
business; but any mining or manufacturing com-
pany may carry the products of its mines and
manufactories on its railroad or canal not exceed-
ing fifty miles in length.

Sec. 6. No president, director, officer, agent
or employe of any railroad or canal company shall
be interested, directly or indirectly, in the furnish-
ing of material or supplies to such company, or in
the business of transportation as a common car-
rier of freight or passengers over the works
owned, leased, controlled or worked by such com-
pany.

Sec. 7. No discrimination in charges or facil-
ities for transportation shall be made between
transportation companies and individuals, or in
favor of either, by abatement, drawback, or
otherwise, and no railroad or canal company, or
an3' lessee, manager, or employe thereof, shall
make any preferences in furnishing cars or
motive power.

Sec. 8. No railroad, railway or other trans-
portation company shall grant free passes, or
passes at a discount, to any person except officers
or employes of the company-.

Sec. 9. No street passenger railway shall be
constructed within the limits of any city borough
or township without the consent of its local au-
thorities.

Sec. 10. No railroad, canal or other trans-
portation company, in existence at the time of the
adoption of this article, shall have the benefit of
any future legislation by general or special laws,
except on condition of complete acceptance of
all the provisions of this article.

Sec. 11. The existing powers and duties of
the Auditor General in regard to railroads, canals
and other transportation companies, except as to
their accounts, are hereb3' transferred to the
Secretary of Internal Affairs, who shall have a
general supervision over them, subject to such
regulations and alterations as shall be provided by
law; and in addition to the annual reports now re-
quired to be made, said secretary may require
special reports at any time upon any subject relat-
ing to the business of said companies from any
officer or officers thereof.

Sec. 12. The general assembly shall enforce,
by appropriate legislation, the provisicms of this
article.

ARTICLE XVIII.

FUTURE .\ME.N'DMENTS.

Sec. 1. Any amendment or amendments to
this constitution may be proposed in the Senate or



House of Representatives; and if the same shall
: be agreed to by a majority of the members elected
to each House, such proposed amendment or
! amendments shall be entered on their journals
1 with the yeas and nays taken thereon, and the
j Secretary of the Commonwealth shall cause the
; same to be published three months before the next
general election, in at least two newspapers in
every county in which such newspapers shall be
j published, and if, in the general assembly next
I afterwards chosen, such proposed amendment or
J amendments shall be agreed to by a majority of
I the members elected to each House, the Secretary
of the Commonwealth shall cause the same again
to be published in the manner aforesaid; and such
proposed amendment or amendments shall be sub-
mitted to the qualified electors of the State in such
manner anu at such time, at least three months
I after being so agreed to by the two Houses, as the
general assembly shall prescribe; and, if such
amendment or amendments shall be approved by
a majority of those voting thereon, such amend-
j ment or amendments shall become a part of the
I constitution; but no amendment or amendments
} shall be submitted oftener than once in five years.
When two or more amendments shall be submitted
they .shall be voted upon separately.

SCHEDULE.

That no inconvenience may arise from the
changes in the constitution of the commonwealth,
and in order to carr3' the same into complete
operation, it is hereby declared that:

Sec. 1. This constitution shall take effect on
the first day of January, in the j-ear one thousand
eight hundred and seventy-four, for all purposes
not otherwise provided for therein.

Sec. 2. All laws in force in this common-
wealth at the time of the adoption of this consti-
tution not inconsistent therewith, and all rights,
actions, prosecutions and contracts shall continue
as if this constitution had not been adopted.

Sec. 3. At the general election in the j-ears
one thousand eight hundred and seventy-four and
one thousand eight hundred and seventy-five,
senators shall be elected in all districts where
there shall be vacancies. Those elected in the
year one thousand eight hundred and sevent3'-
four shall serve for two years, and those elected in
the 3'ear one thousand eight hundred and sevent3'-
five shall serve for one year. Senators now elect-
ed and those whose terms are unexpired shall
represent the districts in which they reside until
the end of the terms for which they were elected.

Sec. 4. At the general election in the 3-ear
one thousand eight hundred and sevent3 - six, sena-
tors shall be elected from even numbered districts
to serve for two 3'ears, and from odd numbered
districts to serve four years.

Sec. 5. The first election of Governor under
this constitution shall be at the general election in
the year one thousand eight hundred and seventy-
five, when a Governor shall be elected for three
years; and the term of the Governor elected in
the year one thousand eight hundred and seventy-
eight, and of those thereafter elected, shall be four



6o



NELSON'S BIOGRAPHICAL DICTIONARY



years, according to the provisions of this con-
stitution.

Sec. 6. At the g-eneral election in the year
one thousand eight hundred and seventy-four, a
Lieutenant Governor shall be elected, according
to the provisions of this constitution.

Sec. 7. The Secretary of Internal Affairs
shall be elected at the first general election after
the adoption of this constitution; and when the
said officer shall be duly elected and qualified, the
office of Surveyor General shall be abolished.
The Surveyor General in office at the time of the
adoption of this constitution shall continue in of-
fice until the expiration of the term for which he
was elected.

Sec. 8. When the Superintendent of Public
Instruction shall be duly qualified, the office of
superintendent of common schools shall cease.

Sec. 9. Nothing contained in this constitution
shall be construed to render any person now hold-
ing any State office for a first official term inelig-
ible for re-election at the end of such term.

Sec. 10. The judges of the supreme court in
office when this constitution shall take effect shall
continue until their commissions severally expire.
Two judges, in addition to the number now com-
posing the said court, shall be elected at the first
general election after the adoption of this consti-
tution.

Sec. 11. All courts of record, and all existing
courts which are not specified in this constitution,
shall continue in existence until the first day of De-
cember, in the yearone thousand eight hundred and
seventy-five, without abridgment of their present
jurisdiction, but no longer. The court of first
criminal jurisdiction for the counties of Schuyl-
kill, Lebanon and Dauphin, is hereby abolished,
and all causes and proceedings pending therein in
the county of Schuylkill shall be tried and dis-
posed of in the courts of oyer and terminer and
quarter sessions of the peace of said county.

Sec. 12. The registers' courts now in exist-
ence shall be abolished on the first day of Janu-
ary next succeeding the adoption of this consti-
tution.

Sec. 13. The general assembly shall, at the
next session after the adoption of this constitu-
tion, designate the several judicial districts, as re-
quired by this constitution. The judges in com-
mission when such designation shall be made shall
continue during their unexpired terms judges of
the new districts in which they reside; but, when
there shall be two judges residing in the same dis-
trict, the president judge shall elect to which dis-
trict he shall be assigned, and the additional law
judge shall be assigned to the other district.

Sec. 14. The general assembly shall, at the
next succeeding session after each decennial cen-
sus, and not oftener, designate the several judicial
districts, as required by this constitution.

Sec. 15. Judges learned in the law of any
court of record, holding commissions in force at
the adoption of this constitution, shall hold their
respective offices until the expiration of the terms
for which they were commissioned, and until their
successors shall be duly qualified. The Governor
shall commission the president judge of the court



of first criminal jurisdiction for the counties of
Schuylkill, Lebanon and Dauphin as a judge of
the court of common pleas of Schuylkill county,
for the unexpired term of his office.

Sec. 16. After the expiration of the term of
any president judge of any court of common pleas
in commission at the adoption of this constitution,
the judge of such court learned in the law and old-
est in commission shall be the president judge
thereof: and when two or more judges are elected
at the same time in any judicial district, they shall
decide by lot which shall be president judge; but
when the president judge of a court shall be re-
elected he shall continue to be president judge of
that court. Associate judges not learned in the
law, elected after the adoption of this constitu-
tion, shall be commissioned to hold their offices for
the term of five years from the first day of Janu-
ary next after their election.

Sec. 17. The general assembly, at the first
session after the adoption of this constitution,
shall fix and determine the compensation of the
judges of the supreme court and of the judges of
the several judicial districts of the commonwealth;
and the provisions of the thirteenth section of the
article on legislation shall not be deemed incon-
sistent herewith. Nothing contained in this con-
stitution shall be held to reduce the compensation
now paid to any law judge of this commonwealth
now in commission.

Sec. 18. The courts of common pleas in the
counties of Philadelphia and Allegheny shall be
composed of the present judges of the district
court and court of common pleas of said counties
until their offices shall severally end, and of such
other judges as may from time to time be selected.
For the purpose of first organization in Philadel-
phia, the judges of the court number one shall be
Judges Allison, Pierce and Paxson; of the court
number two. Judges Hare, Mitchell and one other
judge, to be elected; of the court number three.
Judges Ludlow, Finletter and Lynd; and of the
court number four. Judges Thayer, Briggs and
one other judge, to be elected. The judge first
named shall be the president judge of said courts
respectively, and thereafter the president judge
shall be the judge oldest in commission; but any
president judge re-elected in the same court or dis-
trict shall continue to be president judge thereof.
The additional judges for courts numbers two and
four shall be voted for and elected at the first
general election after the adoption of this consti-
tution, in the same manner as the two additional
judges of the supreme court, and they shall decide
by lot to which court they shall belong. Their
term of office shall commence on the first Monday
of January, in the year one thousand eight hun-
dred and seventy-five.

Sec. 19. In the county of Allegheny, for the
I purpose of first organization under this constitu-
I tion, the judges of the court of common pleas, at
the time of the adoption of this constitution, shall
be the judges of the court number one, and the
judges of the district court, at the same date, shall
be the judges of the common pleas number two.
The president judges of the common pleas and
district courts shall be president judge of said



AND HISTORICAL REFEUENCE BOOK OF ERIE COUNTY.



courts number one and two, respectively, until
their otfices shall end; and thereafter the judge
oldest in commission shall be president judge; but
any president judge re-elected in the same court or
district shall continue to be president judge there-
of.

Sec. 20. The organization of the courts of
common pleas under this constitution for the coun-
ties of Philadelphia and Allegheny shall take
effect on the first Monday of January, one thou-
sand eight hundred and seventy-five, and existing
courts in said counties shall continue with their
present powers and jurisdictions until that date,
but no new suits shall be instituted in the courts
of niKi piiiift, after the adoption of this constitution.

Sec. 21. The causes and proceedings pending
in the court of nisipriuti, court of common pleas and
district court in Philadelphia, shal'. be tried and
disposed of in the court of common pleas. The
records and dockets of said courts shall be trans-
ferred to the ijrothonotary's office of the said
county.

Sec. 22. The causes and proceedings pending
in the court of common pleas in the county of
Allegheny, shall be tried and disposed of in the
court number one; and the causes and proceedings
pending in the district courts shall be tried and
disposed of in court number two.

Sec. 23. The prothonotary of the court of
common pleas of Philadelphia, shall be first ap-
pointed by the judges of said court, on the first
Monday of December, in the year one thousand
eight hundred and seventy-five, and the present
prothonotary of the district court, in said county,
shall be the prothonotary of the said court of com-
mon pleas until said date, when his commission
shall expire; and the present clerk of the court of
oyer and terminer and quarter sessions of the
peace, in Philadelphia, shall be the clerk of such
court until the expiration of his present commis-
sion, on the first Monday of December, in the year
one thousand eight hundred and seventy-five.

Sec. 24. In cities containing over fifty thou-
sand inhabitants, except Philadelphia, all alder-
men in office at the time of the adoption of this
constitution shall continue in office until the ex-
piration of their commissions; and at the election
for city and ward officers, in the year one thou-
sand eight hundred and seventy-five, one alderman
shall be elected in each ward, as provided in this
constitution.

Sec. 25. In Philadelphia, magistrates, in lieu
of alderman, shall be chosen, as required in this
constitution, at the election, in said city, for city
and ward officers, in the year one thousand eight
hundred and seventy-five; their term of office shall
commence on the first Monday of April succeeding



their election. The terms of office of aldermen, in
said city, holding, or entitled to, commissions at
the time of the adoption of this constitution, shall
not be afi^ected thereby.

Sec. 26. All persons in office in this common-
wealth, at the time of the adoption of this constitu-
tion, and at the first election under it, shall hold
their respective offices until the term for which
they have been elected or appointed shall expire,
and until their successors shall be duly qualified,
unless otherwise provided in this constitution.

Sec. 27. The seventh article of this constitu-
tion, prescribing an oath of office, shall take effect
on and after the first day of January, one thou-
sand eight hundred and seventy-five.

Sec. 28. The terms of office of county com-
missioners and county auditors, chosen prior to
the year one thousand eight hundred and seventy-
five, which shall not have expired before the first
Monday of January, in the year one thousand
eight hundred and seventy-six, shall expire on
that day.

Sec. 29. All State, county, city, ward, bor-
ough and township officers, in office at the time of
the adoption of this constitution, whose compensa-
tion is not provided for by salaries alone, shall
continue to receive the compensation allowed
them by law until the expiration of their re-
spective terms of office

Sec. 30. All State and judicial officers hereto-
fore elected*, sworn, affirmed, or in office when this
co-.-istitution shall take effect, shall severally, with-
in one month after such adoption, take and sub-
scribe an oath or affirmation to support this con-
stitution.

Sec. 31. The general assembly, at its first
session, or as soon as may be, after the adoption
of this constitution, shall pass such laws as may
be necessary to carry the same into full force and
effect.

Sec. 32. The ordinance passed by this con-
vention, entitled "An ordinance for submitting
the amended Constitution of Pennsylvania to a
vote of the electors thereof," shall be held to be
valid for all the purposes thereof.

Sec. 33. The words " county commissioners,"
wherever used in this constitution and in any or-
dinance accompanying the same, shall be held to
include the commissioners for the city of Phila-
delphia.

Adopted at Philadelphia, on the third day of
November in the year of our Lord one thousand
eight hundred and seventy-three.

JOHN H. WALKER,
Attest: D. L. Imbrie, President.

Chief Clerk.



PART II



BIOGRAPHIES OF THE GOVERNORS



PENNSYLVANIA.



LIVg§ OF THg GOVERNORS OF PENNSYLVANIA

SIXCE THE ADOPTION OF THE CONSTTTUTION OF 1790.



I Skk Gkneral State History ; also Politicai, Record
General History of Erie County. |



GOVERNORS INDER THE CONSTI-
TUTION OF 17U().

THOjIAS MIFFLIN FIRST GOVERNOR.

Born in Philadelphia in 1744, of Quaker
parentage. After receiving a college educa-
tion, visited Europe. On his return engaged
in mercantile pursuits. Elected to the Assem-
bly in 1772, and to the Continental Congress
in 1774. Served in the Revolutionary war,
beginning as major and ending as major gen-
eral. President of Congress in 1783; held
numerous other official positions ; president of
the State Constitutional Convention of 1790.
Governor from 1790 to 1799. Died at Lan-
caster January 21, 1800. His body is interred
in the latter city.

THOMAS m'kEAN SECOND GOVERNOR.

Born in Chester county in 17'34. Lineage,
Scotch-Irish. Received an academic educa-
tion and admitted to the bar. Member of the
State Assembly from 17(52 to 1709, and of the
Continental Congress from 1774 to 1783.
Signer of the Declaration of Independence.
President of Congress in 1781. Member of
the Convention which framed the Articles of
Confederation in 1778. Served in the Conti-
nental army in 1776-7. President of the
State of Delaware in 1777, and Governor of
Pennsylvania from 1799 to 1808. Died in
Philadelphia June 24, 1817.

SIMON SNYDER THIRD GOVERNOR.

Born in Lancaster in 1759. Descent, Ger-
man. Learned the trade of a tanner. Be-
came a merchant at Selinsgrove in 1784. Held
the position of justice of the peace for twelve



years. Member of the Constitutional Con-
vention of 1790, and speaker of the House of
Representatives of Pennsylvania for six suc-
cessive terms. Chosen Governor in 1808 and
served until 1817. Died November 9, 1819,
while a member of the State Senate, and
buried at Selinsgrove.

WILLIAM FINDLAV FOLRTII GOVERNOR.

Born in Franklin county in 1768. An-
cestors, Scotch-Irish. Received a good Eng-
lish education, but was unable to take a col-
legiate course. Began life as a farmer. Was
a Representative in the Legislature several
terms, which position he resigned to take the
office of State Treasurer. Held the latter
place ten years. Elected Governor in 1817,
and \J . S. .Senator in 1821. Treasurer of the
U. S. Mint under President Jackson. Died
at Harrisburg November 12, 1846.

JOSEPH HIESTER FIFTH GOVERNOR.

Born at Reading, of German descent, in
1752. Captain and major in the War of the
Revolution. ^Member of the Legislature a
number of years; delegate to the Constitu-
tional Convention of 1790 ; and Representa-
tive in Congress fifteen years. Elected Gov-
ernor in 1820. Died June 10, 1832.

JOHN A. SHULZE SIXTH GOVERNOR.

Born at Tulpehocken, Berks county, in
1775; son of a Lutheran clergyman. De-
scent, German. Studied theology, ordained
as a Lutheran minister, and pastor of congre-
gations in Berks county six years. Entered
the mercantile business. Served three years
in the State House of Representatives. Pro-
thonotary of Lebanon county eight years.



NELSON- S BIOOnAPHWAL DICTIONARY



Elected to the Legislature, both as a member
of the House and Senate. Chosen Governor
in 1823 and '2(3. Died in Lancaster Novem-
ber 18. 1852.



German by descent. Bora in Northamp-
ton county in 1777. Received a classical edu-
cation and studied law. Postmaster of Easton
and clerk of the Orphans' Court of North-
ampton county. Member of the Legislature.
Congressman three terms. Governor from
1829 to 1835. Inaugurated the common school
.system. Comptroller of the U. S. Treasury [
in 1836, and Collector of the port of Phila'-
delphia in 1838. Died in the latter citv
March 11, 1840.

JOSEPH KIl.VEK EUiHTII GO\EKNOI{.

Born of German lineage in Berks county
in 1780. Received a very limited education.
iSIoved to Washington county and elected to
the Legislature ; served in the House six
years, and Speaker of that body two years.
Chosen Governor as the anti-Masonic candi-
date in 1835. An ardent friend of the com-
mon schools, and strongly opposed to slavery.
Appointed Director of the Mint in 1848.
Died in Cumberland county, which he had
made his home, October 1(5, 18(50.



UNDER THE CONSTITUTION OF 1838.

DAVm K. I'ORTKK NINTH (iOVEHNOK.

Born near Norristown in 1788, of Scotch-
Irish lineage. Received an academic educa-
tion. Served as assistant to his father in the
office of Surveyor-General. Moved to Hunt-
ingdon county and became an iron manufac-
turer. Member of the Assembly from 1819 to
1821. Appointed prothonotary of Hunting-
don county. State Senator two years. Elect-
ed Governor in 1838 and 1841. Died at Harris-
burg August 6, 1867.

FRANCIS H. SHl'NK TKNTH GOVEUNOU.

(jerman by descent. Born in Montgomerv
county in 1788. Taught school when quite
young. Appointed a clerk under Surveyor-
General Porter. Admitted to practice law.
First assistant and then chief clerk of the
.State House of. Representatives. Secretary



to the Board of Canal Commissioners. Secre-
tary of the Commonwealth under Governor
Porter. Located in Pittsburg as an attorney.
Elected Governor in 1844, and re-elected in
1847. Resigned on account of sickness July
9, 1848, and died at Harrisburg on the 30th o"f
the same month.

WILLI.ViM !■■. JOHNSTON ELEVENTH GOX-

ERNOU.

Born in Greensburg in 1808, of Scotch-
Irish ancestry. Admitted to the practice of
law. Located in Armstrong county and ap-
pointed district attorney. Served in the State



Online LibraryBenjamin WhitmanNelson's biographical dictionary and historical reference book of Erie County, Pennsylvania : containing a condensed history of Pennsylvania, of Erie County, and of the several cities, boroughs and townships in the county also portraits and biographies of the governor's since 1790, and of numerous r → online text (page 11 of 192)