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Law and the Creative Mind
Chicago-Kent Law Review Volume 74 Issue 1 Symposium on Commemorating the Two Hundredth Anniversary of Chancellor Article 7 Kent's Ascension to the Bench December 1998 Law and the Creative Mind Susanna L. Blumenthal Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Susanna L. Blumenthal, Law and the Creative Mind, 74 Chi.-Kent L. Rev. 151 (1998). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol74/iss1/7 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. LAW AND THE CREATIVE MIND SUSANNA L. BLUMENTHAL* INTR O D U CTIO N .......................................................................................152 I. THE JUDGE AND HIS WORK .......................................................161 II. THE CHARACTER OF THE JUDGE, 1800-1850 ...........................166 A. The Antebellum Portrait....................................................... 170 B. Literary Manifestations of Judicial Character.................... 177 III. THE GENIUS OF THE JUDGE, 1850-1900 ....................................187 A. Remembering the Fathers of the Bench ...............................195 B. Reconstructions of the JudicialIdeal ...................................202 C. Providence -
The Pennsylvania State College Library 4
= a'P THE PENNSYLVANIA STATE COLLEGE LIBRARY 4 / li,' 1 l 11I o, j,, I I ' I I.. 1'r, t , THE PENNSYLVANIA STATE UNIVERSITY LIBRARIES j, 1, J,' id. l ... i. I' , il 1 s : _ ! at5 ' , . 1 _(st _ Berg % I 4 I A I i a Copyright Applied for by the Author . I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--- ALBERT H. BELL I MEMOIRS of THE BENCH AND BAR of Westmoreland County, Pennsylvania By ALBERT H. BELL, Esq., of The Westmorcland Bar 2 DEDICATION To the Honorable James S. Moorhead, whose great ability, profound learning, high ideals and en- gaging personality have long made him a, distinguish- ed ornament to the Westmoreland Bar, a worthy exemplar to its members and the object of their high regard, and To the Honorable John B. Head, late an honored Judge of the Superior Court of Pennsylvania, to whom like attributes are ascribed and like tribute is due; to -these joint preceptors, their law student of the long ago, the author of these memoirs, in token of his obligation and affection, ventures to dedicate this volume. I 3 PREFACE These Memoirs had their origin in the request of Mr. E. Arthur Sweeny, editor of the "Morning Re- view", of Greensburg, to the, writer to prepare some character sketches of the deceased members of the Bench and Bar of Westmoreland County, the serial publication of which was to become a feature of that enterprising journal. They soon passed the stage of experiment, and the conception of fragmentary his- tory, and, in some degree, have become comprehen- sive of more than a century of the legal annals of the county. -
Martin's Bench and Bar of Philadelphia
MARTIN'S BENCH AND BAR OF PHILADELPHIA Together with other Lists of persons appointed to Administer the Laws in the City and County of Philadelphia, and the Province and Commonwealth of Pennsylvania BY , JOHN HILL MARTIN OF THE PHILADELPHIA BAR OF C PHILADELPHIA KKKS WELSH & CO., PUBLISHERS No. 19 South Ninth Street 1883 Entered according to the Act of Congress, On the 12th day of March, in the year 1883, BY JOHN HILL MARTIN, In the Office of the Librarian of Congress, at Washington, D. C. W. H. PILE, PRINTER, No. 422 Walnut Street, Philadelphia. Stack Annex 5 PREFACE. IT has been no part of my intention in compiling these lists entitled "The Bench and Bar of Philadelphia," to give a history of the organization of the Courts, but merely names of Judges, with dates of their commissions; Lawyers and dates of their ad- mission, and lists of other persons connected with the administra- tion of the Laws in this City and County, and in the Province and Commonwealth. Some necessary information and notes have been added to a few of the lists. And in addition it may not be out of place here to state that Courts of Justice, in what is now the Com- monwealth of Pennsylvania, were first established by the Swedes, in 1642, at New Gottenburg, nowTinicum, by Governor John Printz, who was instructed to decide all controversies according to the laws, customs and usages of Sweden. What Courts he established and what the modes of procedure therein, can only be conjectur- ed by what subsequently occurred, and by the record of Upland Court. -
History Background Information
History Background Information Cumberland County has a rich history that continues to contribute to the heritage and identity of the county today. Events in the past have shaped the county as it has evolved over time. It is important to understand and appreciate the past in order to plan for the future. Introduction Historic landmarks and landscapes are important to the sense of place and history integral to the identity of communities. Preserving the physical fabric can involve many facets such as recognizing and protecting a single structure, an entire district, or the cultural landscape of a region. An advisory committee was formed to provide input and guidance for the development of this chapter. The committee included municipal representatives, county and municipal historical societies, and the Cumberland Valley Visitors Bureau. The development of this chapter was supported by a grant from the Pennsylvania Historical and Museum Commission. The Earliest Native Americans The first human inhabitants of the region arrived between 12 and 18 thousand years ago.1 We know very little about them except they were probably related to the Algonquian tribes that settled north of Pennsylvania. These early peoples were most likely nomadic hunters living in temporary or base camps. No villages of these ancient tribes have been found in Cumberland County, but many artifacts have been discovered to verify they populated the region. Artifacts found in the Cumberland Valley include notched arrow and spear points and grooved hatchets and axes of Algonquian origin.2 Approximately 3,000 years ago these native peoples began to cultivate crops, which included Indian corn or maize. -
Library of Congress Classification
E AMERICA E America General E11-E29 are reserved for works that are actually comprehensive in scope. A book on travel would only occasionally be classified here; the numbers for the United States, Spanish America, etc., would usually accommodate all works, the choice being determined by the main country or region covered 11 Periodicals. Societies. Collections (serial) For international American Conferences see F1404+ Collections (nonserial). Collected works 12 Several authors 13 Individual authors 14 Dictionaries. Gazetteers. Geographic names General works see E18 History 16 Historiography 16.5 Study and teaching Biography 17 Collective Individual, see country, period, etc. 18 General works Including comprehensive works on America 18.5 Chronology, chronological tables, etc. 18.7 Juvenile works 18.75 General special By period Pre-Columbian period see E51+; E103+ 18.82 1492-1810 Cf. E101+ Discovery and exploration of America Cf. E141+ Earliest accounts of America to 1810 18.83 1810-1900 18.85 1901- 19 Pamphlets, addresses, essays, etc. Including radio programs, pageants, etc. 20 Social life and customs. Civilization. Intellectual life 21 Historic monuments (General) 21.5 Antiquities (Non-Indian) 21.7 Historical geography Description and travel. Views Cf. F851 Pacific coast Cf. G419+ Travels around the world and in several parts of the world including America and other countries Cf. G575+ Polar discoveries Earliest to 1606 see E141+ 1607-1810 see E143 27 1811-1950 27.2 1951-1980 27.5 1981- Elements in the population 29.A1 General works 29.A2-Z Individual elements, A-Z 29.A43 Akan 29.A73 Arabs 29.A75 Asians 29.B35 Basques Blacks see E29.N3 29.B75 British 29.C35 Canary Islanders 1 E AMERICA E General Elements in the population Individual elements, A-Z -- Continued 29.C37 Catalans 29.C5 Chinese 29.C73 Creoles 29.C75 Croats 29.C94 Czechs 29.D25 Danube Swabians 29.E37 East Indians 29.E87 Europeans 29.F8 French 29.G26 Galicians (Spain) 29.G3 Germans 29.H9 Huguenots 29.I74 Irish 29.I8 Italians 29.J3 Japanese 29.J5 Jews 29.K67 Koreans 29.N3 Negroes. -
Pennsylvania Courts, the Abolition Act, and Negro Rights
PENNSYLVANIA COURTS, THE ABOLITION ACT, AND NEGRO RIGHTS By STANLEY I. KUTLER* T HE beginning of the end for slavery in Pennsylvania came in 1780 with the passage of an "Act for the Gradual Abolition of Slavery. l Born of the Quakers' long-standing hostility to slavery, the libertarian doctrines of the American Revolution, and economic reasons, the act provided that no child born thereafter should be a slave, except that a Negro or mulatto child born to a slave mother would be a servant until twenty-eight years of age. Further, the act required the master to register and record his name. occupation, place of residence, and the name, age, and sex of his slave. Slave owners were given until November 1, 1780, to comply with these provisions or suffer forfeiture of the slave.2 This remarkable document was the first statutory action against slavery in the United States. Slave masters, however, soon developed some subtle methods of circumventing the law. They would, for example, sell their slaves into other states or send pregnant female slaves into a slave state so that the child would not be born into freedom.' Conse- quently, in 1788 the legislature amended and clarified the original act with more elaborate restrictions on slavery. The births of slave children now were to be registered, pregnant female slaves "ADr. Kutler, formerly of the Pennsylvania State University, is now as- sistant professor of history at San Diego State College, California. His articles include an earlier contribution to this journal. He wishes to acknowl- edge the assistance of Professor Philip S. -
Whiskey Rebellion
Coordinates: 40.20015°N 79.92258°W Whiskey Rebellion The Whiskey Rebellion (also known as the Whiskey Insurrection) was a tax Whiskey Rebellion protest in the United States beginning in 1791 during the presidency of George Washington. The so-called "whiskey tax" was the first tax imposed on a domestic product by the newly formed federal government. It became law in 1791, and was intended to generate revenue for the war debt incurred during the Revolutionary War. The tax applied to all distilled spirits, but American whiskey was by far the country's most popular distilled beverage in the 18th century, so the excise became widely known as a "whiskey tax". Farmers of the western frontier were accustomed to distilling their surplus rye, barley, wheat, corn, or fermented grain George Washington reviews the mixtures into whiskey. These farmers resisted the tax. In these regions, whiskey troops near Fort Cumberland, often served as a medium of exchange. Many of the resisters were war veterans Maryland, before their march to who believed that they were fighting for the principles of the American suppress the Whiskey Rebellion in Revolution, in particular against taxation without local representation, while the western Pennsylvania. federal government maintained that the taxes were the legal expression of Congressional taxation powers. Date 1791–1794 Location primarily Western Throughout Western Pennsylvania counties, protesters used violence and Pennsylvania intimidation to prevent federal officials from collecting the tax. Resistance came Result to a climax in July 1794, when a U.S. marshal arrived in western Pennsylvania to Government victory serve writs to distillers who had not paid the excise. -
Whiskey Rebellion 1 Whiskey Rebellion
Whiskey Rebellion 1 Whiskey Rebellion The Whiskey Rebellion, less commonly known as the Whiskey Insurrection, was a resistance movement in what was the western part of the United States in the 1790s, during the presidency of George Washington. The conflict was rooted in western dissatisfaction with various policies of the eastern-based national government. The name of the uprising comes from a 1791 excise tax on whiskey that was a central grievance of the westerners. The tax was a part of treasury secretary Alexander Hamilton's program to centralize and fund the national debt. The whiskey excise was unpopular among small farmers on the western frontier, where protesters used violence and intimidation to prevent government officials from collecting the tax. Resistance came to a climax in July 1794, when a U.S. marshal arrived in western Pennsylvania to serve writs to distillers who had not paid the excise. The alarm was raised, and more than 500 armed Pennsylvanians attacked the fortified home of tax inspector General John Neville. The Washington administration responded by sending peace commissioners to western Pennsylvania to negotiate with the rebels, while at the same time raising a militia force to suppress the violence. The insurrection collapsed before the arrival of the army; about 20 men were arrested, but all were later acquitted or pardoned. The Whiskey Rebellion demonstrated that the new national government had the willingness and ability to suppress violent resistance to its laws. The whiskey excise remained difficult to collect, however. The events contributed to the formation of political parties in the United States, a process already underway. -
Human Liberty, Property in Human Beings, and the Pennsylvania Supreme Court
Human Liberty, Property in Human Beings, and the Pennsylvania Supreme Court Paul Finkelman* I. EARLY ANTISLAVERY IN PENNSYLVANIA ........................... 458 II. ENDING SLAVERY AND THE REVOLUTION ......................... 461 III. SLAVERY BEFORE THE PENNSYLVANIA COURTS ................ 467 IV. REGISTRATION CASES ........................................................ 468 V. THE SIX MONTHS LAW AND FUGITIVE SLAVES .................. 473 VI. A COURT CAUGHT BETWEEN SLAVERY AND FREEDOM ..... 479 In 1780—with the American Revolution still raging—the Penn- sylvania legislature passed the first law in the history of the world for the purpose of abolishing slavery: “An Act For the Gradual Abo- lition of Slavery.”1 At the time, slavery was legal almost every- where in the western world. Before the European discovery of America, slavery had been practiced in virtually every culture of the world, and was particularly important to cultures of the Middle East, sub-Saharan Africa, and both the Christian and Muslim shores of the Mediterranean Sea. While antebellum southerners would call their system of human bondage a “peculiar institution,”2 historically there was “nothing notably peculiar about the institu- tion of slavery. It has existed from before the dawn of human his- tory right down to the twentieth century, in the most primitive of human societies and in the most civilized.”3 As the great scholar of world slavery Orlando Patterson has noted “[t]here is no region on * Ariel F. Sallows Professor in Human Rights, University of Saskatchewan School of Law, Senior Fellow, Penn Program on Democracy, Citizenship, and Constitutionalism, University of Pennsylvania, and Scholar-in-Residence, National Constitution Center, Philadelphia, Pennsylvania. Another version of this article will appear in The Pennsylvania Supreme Court: Life and Law in the Commonwealth, 1686-2016, edited by John J. -
Robert Coleman, Millionaire Ironmaster
ROBERT COLEMAN, MILLIONAIRE IRONMASTER The prototype of late 19th century mo- guls, Robert Coleman and his amazing character are examined by Professor Frederic S. Klein. There has always been something fascinating about people who have become millionaires. For more than a century, the acquisition of great wealth has been a significant part of what is usually called the American Dream, memorialized by Horatio Alger, typified by Carnegie and Vander- bilt and Rockefeller, and denounced by socialists who cannot understand how one person can have so much when so many have so little. Sometimes the process of becoming a millionaire is considered to be merely a matter of luck, like the magic touch of the sparkling wand of the Goddess of Fortune; sometimes it is believed to be an undeserved or un- fair freak of Fate, which must somehow be accompanied by an unpleasant compensating factor, such as permanent affliction with the gout, or having a sword of Damocles dangling overhead, like an ubiquitous mobile; but more frequently it is reluctantly admitted that the million dollars may have resulted from long and dull hours of energetic work, always accom- panied by driving ambition and the vision to recognize an opportunity and to take advantage of it. Robert Coleman was probably Pennsylvania's first millionaire, and it should be interesting to trace the particular chain of circumstances which led an immigrant boy from Ireland to become a millionaire, and which led the millionaire to Lancaster. Coleman was well-known in post-Revolutionary Pennsylvania, but his career has been submerged by the rushing stream of history during the past century and a half. -
230 Anniversary Book
Dauphin County Court Mission Statement To Assure Equal Access, Fair Treatment and the Peaceful and Efficient Resolution of Disputes for All Citizens Asserting Their Rights Under the Law. Table of Contents Letters, Citations & Proclamations ................................................. 3 Dauphin County President Judge Lewis .............................................. 3 U.S. Supreme Court Justice Emeritus O’Connor ................................... 4 PA Governor Wolf ....................................................................... 5 PA Supreme Court Chief Justice Saylor ............................................... 6 PA Superior Court President Judge Gantman ....................................... 8 PA Commonwealth Court President Judge Pellegrini ............................... 9 PA Attorney General Kane ............................................................. 10 PA Bar Association President Pugh ................................................... 11 Dauphin County Commissioners Haste, Hartwick & Pries ........................ 12 Dauphin County Bar Assoc. President Polacek & Exec. Director Simcox ...... 13 Harrisburg Mayor Papenfuse ......................................................... 14 U.S. Senator Casey ..................................................................... 16 U.S. Senator Toomey ................................................................... 17 PA Senator Teplitz ....................................................................... 18 U.S. Congressman Perry ............................................................. -
Sarah Burd Yeates: a Woman of the Eighteenth Century
Sarah Burd Yeates: A Woman of the Eighteenth Century By Doris MacPherson The eighteenth century history of Pennsylvania frequently centers upon accounts of upper class males of British descent. William Penn's colony, founded in order to provide asylum to those who like himself were persecuted for their Quaker beliefs, also welcomed other groups unable to exercise their individual religious persuasion. Penn sought to create a province in order that "an example may be set up to the nations", "a free colony for all mankind."1 Penn's personal example of respect for all people, native Americans as well as newcomers, drew sects from Wales, Holland and Germany to his haven. The atmosphere of tolerance applied equally to those who wished economic freedom. Thus, Pennsylvania from its beginning was a model of religious and ethnic diversity. Despite the influx of Welsh, Dutch and Germans, It was the Quakers and others of British background who attained economic and political dominance of the colony. In some sections of the state, this power remained in the hands of these groups through the eighteenth and nineteenth centuries. Evidence of the prominence of the British colonists and their descendants remains visible in the form of institution, place ad street names. Their leading role in the definition of the community contributes to distortions in the history of the region. The growth and strength of this colony from its very beginning should be attributed to all groups who participated, not only to those who are conspicuous by their prominence or notoriety. With a few exceptions, those who are particularly absent from historical notice are women of all ethnic groups and social strata.