Court Records of Schuylkill County regarding Hopkin
Thomas
Record No. 1, dated 12/4/1844
This
record relates to a deed from the Sheriff of Schuylkill County conveying what
appear to be two large (approx. 400 acres each) contiguous tracts in Rush
Township owned by The Morris Canal and Banking Company to James M. Porter,
Solon Chapin, Aaron H. Vancleve, Hopkin Thomas, Jacob Thomas, and William R.
McKean. Rush Township is located north of Tamaqua in Schuylkill County – see
map.
Aaron
H. Vancleve, Hopkin Thomas, Jacob Thomas, and William R. McKean comprised the
partnership known as Vancleve
& Co. that ran the Beaver Meadow R.R. and Coal company mining and rail
and canal transportation operations in Beaver Meadow, Weatherly, Pa. and the
Lehigh and other canals in the years 1840 – 1845.
The
identities of James M. Porter and Solon Chapin are uncertain. A Google search
of the name James M. Porter yields may hits. The individual whose date of
lifetime best matches that of this activity and whose background dealt with
rail transportation is as follows:
James Madison Porter (January 6, 1793 – November
11, 1862), a Pennsylvanian, was the 18th United States Secretary of War and a
founder of Lafayette College.
Porter was born near Norristown, Pennsylvania on
January 6, 1793. As a child he was home schooled, but he later attended Norristown
Academy. In 1809 he had begun to study law in an office in Lancaster,
Pennsylvania and later join his brother, Judge Robert Porter, to study in
Reading, Pennsylvania. He moved to Philadelphia, Pennsylvania to become a clerk
in the prothonotary's office in 1812. He helped raise and manage a volunteer
militia company to garrison at Fort Mifflin and advanced to the rank of
colonel. In 1813 he was admitted to the bar and began the practice of law. He
was appointed attorney general for Northampton County, Pennsylvania and married
his wife Eliza Michler (1803-1866) in 1821. Porter was instrumental in the
founding of Lafayette College and was president of its board of trustees from
1826 to 1852 and professor of jurisprudence and political economy 1837 to 1852.
In 1839 he was appointed to the vacancy as president judge of the twelfth
judicial district. In 1843 President John Tyler appointed him to be Secretary
of War serving for about eleven months. The years that followed after his time
as Secretary of War, Porter was elected to the state legislature in 1849,
served as chairman of the judiciary committee and served as president judge of
the twenty-second judicial district from 1853 to 1855. Porter was president of
two railroad companies for some time, the Delaware, Lehigh, Schuylkill and
Susquehanna Railroad Company from 1847 to 1856 as well as the Belvidere
Delaware Railroad.
He died in Easton, Pennsylvania on November 11, 1862.
He is buried with his wife, Eliza, who died on March 2, 1866, in Easton Cemetery
in Easton, Pennsylvania.
A
search of the name Solon Chapin reveals that a person of that name was a
contractor from Easton who was involved in the building of bridges that spanned
the Delaware River.
Beaver
Meadow coal was shipped to the New York City area on the Morris Canal which was located in New Jersey. See
the 1827 map of the canal route. The Morris
Canal and Banking Company was formed in 1824 and failed in 1841. It was reorganized
in 1844. It would appear from this court record that the Morris Canal and
Banking Company was in default of payment for some unidentified service
incurred prior to April 1844.
Following
is a transcription of the court record. Images of the original are available by
clicking on Page 1 and Page
2. Where the cursive writing is unintelligible, the word unknown has been inserted in the transcript.
P. 354
To all
People to whom these presents shall command, I Jeremiah Reed, Esq., High
Sheriff of the County of Schuylkill in the Commonwealth of Pennsylvania ....
Send Greetings: Whereas by a writ
of Scire Facia hearing on
the 24th day of April 1844 I would as commanded you, that of the Goods and Chattels, lands, and
tenements of the Morris Canal and Banking Company late of Schuylkill County yeoman
in my Bailiwick I should cause to be levied the sum of $717.03 lawful money of Pennsylvania, which to Aaron H. Vancleve,
Hopkin Thomas, Jacob Thomas, and William R. McKean in our Courts of Common
Pleas of the county of Schuylkill, before our judges at Orwigsburg were
adjudged for their damages, which they sustained by occasion of a certain unknown and assumption to the
said Plaintiffs by the said The Morris Canal and Banking Company at Schuylkill
County unknown,
not performed
whereas the said The Morris Canal and Banking Company is convict as appears
of Record etc, - And I should have
those monies before our justices at Orwigsburg at a Court of Common Pleas there
to be held for the County of Schuylkill on Monday next preceding the last
Monday of July then next to render the said Aaron H. Vancleve, Hopkin Thomas,
Jacob Thomas, and William R. McKean for their damages aforesaid and that I
should have then this that writ at which Monday next preceding the last Monday
of July before our justices I returned that by virtue of the said writ to me
directly. I had seized and taken in execution all those two tracts of
land lying contiguous to each other situated in Rush Township of Schuylkill
County adjoining lands of Martin Diehl, Andrew Grove, William McAdams, William
Man, Henry Winter and others, One of them patented on a warrant to Jacob Johns
containing 400-3/4 acres and the other patented on a warrant to Jacob Johns
containing 401-3/4 acres, with the appurtenances as the property of The Morris
canal and Banking Company in the said writ named with the appurtenances and
that the unknown
of the execution of the said writ appear with a certain schedule thereunto
annexing by which schedule or inquisition it appears that rent unknown and
profits of the said two tracts of land with the appurtenances are not of a
clear yearly
value sufficient beyond all reprises within the space of seven years to satisfy
the said Aaron H. Vancleve, Hopkin Thomas, Jacob Thomas, and William R. McKean
of their damages in the said writ mentioned which said two tracts of lands
remained in my hands unsold for want of buyers and therefore I could not have
the money in the said writ mentioned at the day and place therein consigned as
therein I was commanded. Therefore, by a certain writ of Venditioni Exponas unknown of the
said Court hearing unknown
the 27th day of September last past I then Sheriff was commanded on the said
above described two tracts of land with the appurtenances so seized and taken
in execution as aforesaid I should unknown to sale and so that I should have those monies
before the said Judges at Orwigsburg at a Court of Common Pleas, there to be
held for the County of Schuylkill on the first Monday of December next to
render to the said Aaron H. Vancleve, Hopkin Thomas, Jacob Thomas, and William
R. McKean of their damages as said in pursuance whereof the said Sheriff have
given due public and timely notice of the time and place of sale did on this
23rd day of November 1844 expose the premises aforesaid to sale by public vendue
or outcry and sold the same to James M. Porter, Solon Chapin, Aaron H.
Vancleve, Hopkin Thomas, Jacob Thomas, and William R. McKean for the sum of
$1300 they being the highest bidder and that the best price bidden for the same.
P. 355
Now
Know Ye, That I the said Sheriff for, and in consideration of the aforesaid sum
of $1300 to me in hand paid by the said James M. Porter, Solon Chapin, Aaron H.
Vancleve, Hopkin Thomas, Jacob Thomas, and William R. McKean at and before the
unsealing and delivery hereof, the receipt whereof do hereby acknowledge have
granted bargained and sold and by these presents according to the directions of
the last recited writ and by the virtue thereof do grant, bargain, and sell
unto same James M. Porter, Solon Chapin, Aaron H. Vancleve, Hopkin Thomas,
Jacob Thomas, and William R. McKean their heirs and assigns all that the above
mentioned and described two tracts of land, together with all and singular the
buildings, improvements, rights unknown and appurtenances whatsoever thereunto belonging
or in any way appurtaining and that the revisions and remainding unknown and
profits thereof and also all the estate rights, title interest, property, claim
and demands whatsoever, of the said The Morris Canal and Banking Company in law
or equity or otherwise howsoever of in to or out of the same. To have and to
hold the said above described two tracts of land here unknown and premises herby granted
or mentioned or intended to be with the unknown and unto the said James M. Porter,
Solon Chapin, Aaron H. Vancleve, Hopkin Thomas, Jacob Thomas, and William R.
McKean their heirs and assigns forever for such estate and under such rents and
conditions as the said The Morris Canal and Banking Company had and held the
same at and immediately before the taking thereof in execution according to the
form and effect of the laws and usages of this Commonwealth in such case made and
provided by the Witness whereof I the said Sheriff have hereunto set my hand
and seal dated this fourth day of December in the Year of our Lord 1884.
Sealed and Delivered in the presence of us unknown William D. E. unknown ., Schuylkill County
Jeremiah Reed, Sheriff
Be it
remembered that this 12th day of December 1844 in open Court of
Common Pleas of Schuylkill County held at Orwigsburg before the Judges of the
said court and Jeremiah Reed, Esq., Sheriff of Schuylkill County and
acknowledging the deeds unknown
to be his act and deed and described that the acknowledgement might be entered
on record among the proceedings of the said court and the same was thereupon
entered accordingly in Testimony whereof, I have hereunto set my hands and
affixed the seal of said Court the day and year aforesaid.
Charles Fraily, Prothonotary
Wm. M. Bickle, Clerk
Recorded
and XXX January 24th, 1845
unknown Downing, Recorder
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Hopkin Thomas Project
Rev. October
2010