Chapter VIII

ORGANIZATION OF MIFFLIN COUNTY--DISPUTE WITH HUNTINGDON COUNTY ABOUT THE BOUNDARY LINE--RIOT IN LEWISTOWN, ETC.

[NOTE.--It was not the author's original intention to publish any
thing of modern occurrence in the Juniata Valley, but to confine
himself exclusively to its early history; but several friends in
Lewistown made a particular request that we should insert an
account of the dispute arising from the boundary question, and the
riot of 1791. The latter has been repeatedly published. Still, as
it occurred sixty-four years ago, and few, if any, living witnesses
of the occurrence are to be found, it may be as well to preserve
the record.]

Shortly after Mifflin county was formed, in 1789, an attempt was made to run the boundary line,--a proceeding which gave rise to great excitement and came very near ending in riot and bloodshed. The bone of contention was a strip of disputed territory claimed by both Huntingdon and Mifflin counties; and we are under the impression that a majority of those residing in the territory in dispute favored the Mifflin county cause. They were mostly Irish; and, since the wars were over and no enemy to fight, were ever ready, with true Irish _hospitality_, to take a brush with their neighbors. Accordingly, when the sheriff of Huntingdon came into the disputed territory to serve a process upon a man, a party congregated at an Irish tavern, and, lying in wait for the sheriff, arrested and carried him to Lewistown and committed him to jail. He sued out a _habeas corpus_, and the judge discharged him. Filled with wrath, the sheriff went home swearing vengeance. He soon summoned a posse in Huntingdon, for the avowed purpose of taking his man at all hazards, and proceeded to the disputed territory. The people, aware of his coming, fired signal guns, and soon met in great numbers. The sheriff and his posse fortunately took a different route, which alone prevented riot and bloodshed. The boundary question was soon after settled amicably.

The riot of 1791, however, was a more serious affair. It will be remembered that in those days the military spirit in the Juniata Valley ran very high, though we are free to acknowledge that it has sadly degenerated since then. A gentleman named Bryson had been appointed an Associate Judge by the governor. Previous to his appointment, he held the office of Brigade Inspector; and, in his official capacity, refused to commission two colonels elected by their regiments, but in their stead commissioned two men of his own selection. This he had a right to do under the existing militia law; nevertheless, the men composing the regiments looked upon it as a most unwarrantable assumption of power in thus setting at defiance the expressed will of the majority, and they resolved that Judge Bryson should not enjoy his office. The following copy of a letter published in a paper in York, Pennsylvania, from the district attorney, is a full history of the case:

On Monday, the 12th of September, 1791, the Hon. W. Brown, James
Bryson, and James Armstrong, Esquires, met in the fore-noon, in
order to open the court and proceed to business; but Thomas Beale,
Esq., one of the associate judges, not having arrived, their honors
waited until three o'clock in the afternoon; at which time he
arrived, and was requested to proceed with them and the officers of
the court to the court-house. He declined going, and the procession
moved on to the court-house, where the judges' commissions were
read, the court opened, and the officers and the attorneys of the
court sworn in, and the court adjourned till ten o'clock next
morning.

About nine o'clock, while preparing business to lay before the
grand-jury, I received information that a large body of men were
assembled below the Long Narrows, at David Jordan's tavern, on the
Juniata, and were armed with guns, swords, and pistols, with an
avowed intention to proceed to Lewistown and seize Judge Bryson on
the bench, and drag him from his seat, and march him off before
them, and otherwise ill-treat him. This information was instantly
communicated to Messrs. Brown, Bryson, and Armstrong, the judges,
who agreed with me that Samuel Edminton, Esq., the prothonotary,
Judge Beale, ---- Stewart, Esq., ---- Bell, Esq., should, with
George Wilson, Esq., the sheriff of Mifflin county, proceed and
meet the rioters. And the sheriff was commanded to inquire of them
their object and intention; and, if hostile, to order them to
disperse, and tell them that the court was not alarmed at their
proceedings.

Two hours after this the court opened, and a grand-jury was
impanelled. A fife was heard playing, and some guns fired, and
immediately the mob appeared, marching toward the court-house, with
three men on horseback in front, having the gentlemen that had been
sent to meet them under guard in the rear; all of whom, on their
arrival at Lewistown, they permitted to go at large, except the
sheriff, whom four of their number kept a guard over. The court
ordered me, as the representative of the commonwealth, to go and
meet them, remonstrate against their proceedings, and warn them of
their danger; which order was obeyed. But all endeavors were in
vain, the mob crying out, "March on! march on! draw your sword on
him! ride over him!" I seized the reins of the bridle that the
principal commander held, viz., ---- Wilson, Esq., brother of the
sheriff aforesaid, who was well mounted and well dressed, with a
sword, and, I think, two pistols belted around him; a cocked-hat,
and one or two feathers in it. He said he would not desist, but at
all events proceed and take Judge Bryson off the bench, and march
him down to the Narrows, to the judge's farm, and make him sign a
written paper that he would never sit there as a judge again.

The mob still crying out, "March on! march on!" he drew his sword,
and told me he must hurt me unless I would let go the reins. The
crowd pushed forward and nearly pressed me down; one of them, as I
learned afterward, a nephew of Judge Beale, presented his pistol at
my breast, with a full determination to shoot me. I let the reins
go, and walked before them until I arrived at the stairs on the
outside of the court-house, when Judge Armstrong met me, and said,
"Since nothing else will do, let us defend the stairs." We
instantly ascended, and Mr. Hamilton, and the gentlemen of the bar,
and many citizens; and the rioters, headed by William Wilson,
Colonel Walker, and Colonel Holt, came forward, and the general cry
was, "March on, damn you; proceed and take him!" Judge Armstrong
replied, "You damned rascals, come on; we will defend the court and
ourselves; and before you shall take Judge Bryson you shall kill me
and many others, which seems to be your intention, and which you
may do!" At this awful moment, one Holt seized Judge Armstrong by
the arm with intent to pull him down the stairs, but he extricated
himself. Holt's brother then got a drawn sword and put it into his
hands, and damned him to run the rascal through; and Wilson drew
his sword on me with great rage, and young Beale his sword, and
cocked his pistol, and presented it. I told them they might kill
me, but the judge they could not, nor should they take him; and the
words "fire away!" shouted through the mob. I put my hand on his
shoulder, and begged him to consider where he was, who I was, and
reflect but for a moment. I told him to withdraw the men, and
appoint any two or three of the most respectable of his people to
meet me in half an hour and try to settle the dispute. He agreed,
and with difficulty got them away from the court-house. Mr.
Hamilton then went with me to Mr. Alexander's tavern, and in Wilson
and Walker came, and also Sterrett; who I soon discovered to be
their chief counsellor.

Proposals were made by me that they should return home, offer no
insult to Judge Bryson or the court, and prefer to the governor a
decent petition, stating their grievances, (if they had any,) that
might be laid before the legislature; and that, in the mean time,
the judge should not sit on the bench of this court. They seemed
agreed, and our mutual honor to be pledged; but Sterrett, who
pretended not to be concerned, stated that great delay would take
place, that injuries had been received which demanded instant
redress, and objected to the power of the governor as to certain
points proposed. At this moment young Beale and Holt came up, the
former with arms, and insisted on Wilson's joining them, and broke
up the conference. I followed, and on the field, among the rioters,
told Wilson, "Your object is that Judge Bryson leave the bench and
not sit on it this court." He and Walker said "Yes." "Will you
promise to disperse and go home, and offer him no insult?" He said,
"Yes;" and our mutual honor was then pledged for the performance of
this agreement.

Mr. Hamilton proceeded to the court, told the judge, and he left
his seat and retired. I scarce had arrived until the fife began to
play, and the whole of the rioters came on to the court-house, then
headed by Wilson. I met them at the foot of the stairs, and told
them the judge was gone, in pursuance of the agreement, and charged
them with a breach of the word and forfeiture of honor; and Walker
said it was so, but he could not prevail on them. Wilson said he
would have the judge, and attempted going up the stairs. I
prevented him, and told him he should not, unless he took off his
military accoutrements. He said he had an address to present, and
complied with my request, and presented it, signed "The People."
Young Beale, at the moment I was contending with Wilson, cocked and
presented his pistol at my breast, and insisted that Wilson and all
of them should go; but on my offering to decide it by combat with
him, he declined it; and by this means they went off swearing, and
said that they were out-generalled.

The next day, Colonel M'Farland, with his regiment, came down and
offered to defend the court, and addressed it; the court answered,
and stated that there was no occasion, and thanked him.

Judge Bryson read a paper, stating the ill-treatment he received,
and mentioned that no fear of danger prevented him from taking and
keeping his seat; but that he understood an engagement had been
entered into by his friends that he should not, and on that account
only he was prevented. The court adjourned until two o'clock that
day, and were proceeding to open it, with the sheriff, coroner, and
constable in front, when they observed that Judge Beale was at the
house of one Con. They halted, and requested the sheriff to wait on
him and request him to walk with them. He returned, and said the
judge would not walk or sit with Bryson, and addressed Judge Bryson
with warmth, who replied to it in a becoming manner. The sheriff
struck at him, and kicked also. Judge Armstrong seized the sheriff,
and commanded the peace, and took the sheriff's rod from him; the
coroner took his place, and the sheriff was brought up before the
court. I moved he might be committed to gaol; and his mittimus
being written and signed, the court ordered the coroner and gaoler
to take him, and he submitted. The court adjourned. After night the
drum beat, and Holt collected about seventy men, who repeatedly
huzzaed, crying out "liberty or death;" and he offered to rescue
the sheriff, but the sheriff refused. At ten o'clock at night I was
informed expresses were sent down the Narrows, to collect men to
rescue the sheriff, and Major Edmiston informed me he was sorry for
his conduct, and offered to beg the court's pardon and to enter
into recognisance. I communicated this to the Judges Brown and
Armstrong, and requested they would write to the gaoler to permit
him to come down. They did, and the sheriff came with Major
Edmiston, begged pardon of every member of the court but Judge
Bryson, who was not present, and entered into recognisance to
appear at next sessions.

The next day near three hundred were assembled below the Narrows,
and I prevailed on some gentlemen to go down and disperse them; and
upon being assured the sheriff was out of gaol, they returned to
their respective homes, and the court have finished all business.
Nothing further requiring the attendance of the grand-jury, the
court dismissed them and broke up. I must not omit to inform that
Judge Beale had declared, during the riot, in court, that he would
not sit on the bench with Judge Bryson, and that both he and said
Stewart appeared to countenance the rioters, and are deeply
concerned.

I must now close the narrative with saying that, owing to the
spirit and firmness of Judge Armstrong and the whole of the bar, I
was enabled to avert the dreadful blow aimed at Judge Bryson, and
to keep order and subordination in court; and unless the most
vigorous measures are exerted soon, it will be impossible ever to
support the laws of the State in that county, or punish those who
dare transgress.

The excise law is execrated by the banditti; and, from every
information, I expect the collection of the revenue will be
opposed.

I am happy to add, the dispute, which originated by a mistake,
between Huntingdon and Mifflin counties, is happily closed in the
most amicable manner, without any prosecution in Mifflin.

I am, sir, your most obedient,

JOHN CLARK, Dy. St. Attorney.

_To_ THOMAS SMITH, _Esq., President of the Court of Mifflin
county._

The following is another account of the affair, and evidently written by a friend of the offending judge:--

_Carlisle, September 21._

At a period when the general voice of the people proclaims the
excellence of the Federal Government, and the State of Pennsylvania
in particular is anticipating every blessing from a Constitution so
conformable to it, an alarming sedition, together with a most
daring turbulent temper, has unhappily manifested itself in the
county of Mifflin.

The Governor has lately appointed Samuel Bryson, Esquire, second
Associate Judge of the Court of Common Pleas of that county. This
gentleman, having been Lieutenant of the county of Mifflin, had
excited the determined enmity of two men who were ambitious of
being colonels of militia, and against the commissioning of whom
(as unfit persons) Mr. Bryson, as County Lieutenant, had made
representations. Enraged at the promotion of Judge Bryson, and
unhappily yielding to the impulse of the most unjustifiable
passions, one William Wilson, brother to the sheriff of Mifflin
county, and one David Walker, levied a considerable force, and
marched at the head of about forty armed men, with a fife playing,
to Lewistown, with the avowed determination to seize upon the
person of Judge Bryson whilst on the bench, drag him from thence,
oblige him to resign his commission, and compel him to march many
miles along the rugged Narrows of Juniata River.

Secresy marked this unexampled treasonable riot. It was not known
at Lewistown until about an hour before the insurgents appeared.
Justice Stuart, who had been lately commissioned, and who is a very
worthy man, had been imprisoned in the morning by four men who
belonged to the party of the rioters. They attempted to make him
engage his word that he would not give information; but he refused.
Ignorant of the private movers of this daring and turbulent
procedure, it was agreed by Judges Brown and Armstrong, and other
gentlemen, to request the sheriff of the county and Judge Beale,
who were presumed to have influence over them, together with the
prothonotary of the county, to represent the illegality and
imprudence of their conduct, and prevail on them if possible, to
return. No advantage has been derived from this step. Mr. Edmiston,
the prothonotary, was insulted; the sheriff was taken into a mock
imprisonment; and Judge Beale soon after adopted a part which
evinced that little real exertion could have been expected from him
in quieting this disturbance.

The court was sitting when this armed force, levying war against
the State, with a fife playing, marched resolutely forward. At this
juncture Judge Bryson asked Judge Beale if it was not likely they
would stop; to which the other replied that they never would whilst
such a rascal sat upon the bench.

Mr. Clark and Mr. Hamilton, two attorneys of the court, at the
desire of some of the judges, remonstrated with Mr. Wilson, who was
on horseback and within a few paces of the court-house, at the head
of the troops, respecting his conduct. Mr. Wilson was dressed in a
military style, with a cockade in his hat, and was armed with a
horseman's sword and pistols. He declared his intention was to
oblige Mr. Bryson to resign his commission and go down the Narrows
with him and his men. He was warned by the gentlemen of the danger
of the attempt; he observed that nothing would divert him from his
purpose, and immediately drew his sword and marched to storm the
court-room, where Judge Armstrong and others were stationed at the
door. The two gentlemen who had addressed Wilson ran to the steps
in front of the force, where they found a number of persons on the
stairs. The rioters followed, with a cry of "Liberty or Death!" Mr.
Armstrong halloed out repeatedly, "Villains, come on, but you shall
first march over my dead body before you enter." This resolution,
seconded by the circumstance of the gentlemen above mentioned, and
a number of other persons, keeping their ground on the stairs,
(although once or twice some called to the rioters to fire,) seemed
to stagger the resolution of Wilson. At this moment a gentleman
proposed to him that if he would disarm, he might have admittance
into the court-room. To this he seemed immediately to accede. The
troops were filed off to a short distance. It was then agreed that
a meeting should take place in half an hour with the leaders of the
party. Messrs. Clark and Hamilton, with the assent of some members
of the court, met Messrs. William Wilson, David Walker, and William
Sterrett, who appeared on behalf of the rioters. Entertaining hopes
of preserving the person of Mr. Bryson from injury, it was thought
prudent to promise, if the party would disperse, that Mr. Bryson
would not sit during that week on the bench. During this
conference, Mr. Wilson offered no other charge against Mr. Bryson
but what respected the militia commissions for him and Mr. Walker;
but it was not until after much discourse that the leaders of the
troops could be convinced that an extorted resignation would not
avail. When they saw the futility of this idea, it was long
insisted that Mr. Bryson should go with them down the Narrows.

Mr. Wilson, in contravention of the agreement, marched the troops
to the court-house. In the meantime, Judge Bryson had sent for a
horse and effected his escape. It was then Mr. William Sterrett
exclaimed, with an oath, "We are out-generalled!"

An address was presented by Mr. Wilson to the court, who went in
unarmed, signed "The People." It was in the handwriting, as is
supposed, of Mr. Sterrett. It congratulated the other judges upon
their appointments, but mentioned and avowed their design in coming
armed to the court to force the dismission of Judge Bryson. Mr.
Beale, one of the most active of the rioters, armed with a sword
and pistols slung around him, wished to force his way into the
court-room, but was prevented by Mr. Clark. Four armed men
surrounded the person of the sheriff. Under this delusive
imprisonment, all intercourse of conversation with him was
prohibited. In the evening, the rioters departed in a turbulent,
straggling manner, generally intoxicated. At night, one Corran, who
had been very active in raising men, was drowned, together with his
horse, in a mill-dam, about one mile and a half from the town.

About twelve or one o'clock the next day, Judge Bryson returned.
Soon afterward, Col. James McFarland, with about seventy militia on
horseback, appeared in support of the court and the laws. At three
o'clock, Judges Brown, Bryson, and Armstrong, preceded by the
sheriff, prepared to open the court. The sheriff was sent with a
message to Judge Beale, informing him that the judges waited for
him to join them in proceeding to the court-house. His reply was
that he would not go whilst Mr. Bryson was with them. The judges
had not walked more than a few paces, followed by the attorneys and
citizens, when the sheriff, with his rod of office in his hand,
suddenly stopped, and demanded of Mr. Bryson if he had said any
thing injurious of him. Mr. Bryson made a very moderate reply;
notwithstanding, he was immediately assaulted by the sheriff, and
received a kick in the same leg which had been shattered by a ball
at the battle of Germantown. The sheriff was immediately taken into
custody. The coroner received the sheriff's rod, and undertook to
go before the judges to court. There the sheriff refused to give
any recognisance for his appearance at the next court, and was
therefore committed to jail.

Colonel McFarland presented an address to the judges on behalf of
himself and the militia under his command, mentioning his
abhorrence of the proceedings which had taken place, and offering,
at the hazard of their lives, to protect the court. To which the
following answer was returned:--

"The judges of the Court of Common Pleas of the county of Mifflin
are very sensible of the laudable zeal of Colonel McFarland and the
militia now under arms, subject to his command, in support of the
laws and government of Pennsylvania, and particularly for the
purpose of protecting this court from injury and insult. They trust
that the daring mob who, being armed, assembled yesterday and
assaulted the court, threatening the lives of the members, are now
too conscious of the magnitude of their offence and the spirit of
the citizens of this county to repeat their attack. Measures are
preparing to vindicate the dignity of our insulted laws, and to
bring to a just punishment the atrocious offenders and their
abettors, who have brought disgrace upon the county and trampled
upon the most sacred rights of the community. The court, therefore,
sir, return you thanks for the support which you and the militia
under your command have with so much alacrity brought to the aid of
the administration of justice in this county; but being of opinion
that all danger from these infatuated men has ceased, we do not
think it necessary that your attendance should be longer
continued."

After which Judge Bryson, standing at the bar, spoke the following
words:--

"Fellow-citizens:--It is not my intention to resume my seat on the
bench during this term. I do not decline it from any apprehension
of the mob who yesterday assaulted the court and marked me for
their vengeance. Supported by my country, by every virtuous
citizen, and a consciousness of my integrity, I have nothing to
fear; but understanding that some gentlemen, anxious for my
personal safety, entered into an engagement with the leaders of the
banditti that I should not sit as judge during this court, my
respect for these gentlemen is my sole and only motive for making
this declaration."

Colonel McFarland, after this, thanked the militia in the following
terms:--

"Colonel McFarland returns his thanks to the militia of his
regiments who now attend in support of the laws of their country.
He is particularly indebted to Captain Robert Johnston and Captain
John Brown, for their extraordinary vigilance in collecting the men
of their respective companies upon a notice given to them so late
as last night after twelve o'clock. He has no doubt but that the
same zeal which has distinguished the militia under his command
upon this occasion will always be as honorably manifested, should
this county ever be so unhappy as to be disgraced by a similar
necessity."

Soon after which, the militia, having been discharged by the court,
returned home.

The evening of the day was replete with alarms. One Holt, who
thought he had cause of complaint respecting a militia commission,
assembled a body of men to the amount of about forty. They paraded
a considerable time with sound of drum. At length, at eight
o'clock, they appeared before the prison-door, with an intention to
break it and enlarge the sheriff. Mr. Sterrett then appeared, and
informed them that the sheriff thanked his friends for their
intention to serve him, but this is not a proper period; or words
to that effect.

About nine o'clock, several persons, having long applied to the
sheriff without success, prevailed on him at length to give a
recognisance to appear at the next court to answer for the assault
and battery on Judge Bryson. Happily, the sheriff, in this
instance, relinquished a system which was collecting new horrors
and threatened to involve in new scenes of guilt a number of the
inhabitants. Great numbers in Tuscarora Valley and its vicinity
prepared the following day to march and liberate the sheriff, and
probably to demolish the court-house and prison. The news of his
release arrived in time to stop the progress of those infatuated
men, who appear to have lost sight of the social compact, and whose
felicity seems to lie in scenes of tumult, disorder, and
licentiousness. It is to be hoped, however, that government, when
it comes to enforce the laws, will contemplate the ignorance and
delusion of these unfortunate men, and that mercy will so far
temper the prosecution as that it will not be extended to a capital
charge; yet it is indispensably necessary that they be taught that
genuine liberty consists in the power of doing every thing which is
not prohibited by the laws, and that the exercise of an unbounded
licentiousness which threatens the dissolution of society itself
must receive a punishment in some degree commensurate to the
greatness of the offence.

How far Mr. Bryson's representations to the governor against
Messrs. Wilson, Walker, and Holt, have been founded in a just
estimate of the characters of these men, cannot be elucidated here;
but it would appear to afford the highest evidence of its propriety
that they were the principals in this most unexampled riot.