Source:Fleming-addison
George T. Fleming. "Addison story is full of interest: First judge of Allegheny county, who lived in perilous times, has record as hero: Old surveys found." Pittsburgh Gazette Times, Sept. 26, 1915, sec. 6, p. 2. Newspapers.com 85765134.
THE story today concerns one of Pittsburgh's pioneers whose name is commemorated in an obscure street, and whose history reveals a sad story of wrong—in fact, ranker injustice is seldom found of record. It is the story of Alexander Addison, first judge of the Court of Common Pleas of the Fifth Judicial District of Pennsylvania, which at the time included Allegheny, Washington, Westmoreland, Fayette, Butler, Beaver, Mercer, Crawford, Venango, Warren and Erie counties, and these comprised most of Western Pennsylvania, Lawrence then being included in Beaver and Mercer, and Greene in Washington.
First, to go back to the Neville Island story in the matter of surveys of that island in the celebrated case of Sims' assignee vs. Irvine, recorded in Third Dallas, 425, and noted at length in these columns September 12, 1915:
Attorney Arthur O. Fording writes The Gazette Times that the statement that the survey made for Sims could not be found among the records of the Department of Internal Affairs at Harrisburg must be amended. The secretary so stated in his report for 1895 and this was true at that time.
Mr. Fording states that in the hunt for this missing survey he assisted, and it was found a few years ago among a lot of discarded stuff in a barrel of rubbish in the Capitol at Harrisburg.
Find Is Important.
Mr. Fording considered the find important enough to have certified copies made, for two surveys were found, the one in 1783 by David Redick for Gen. Irvine and one in 1787 by Neville and Ritchie for Charles Sims.
Small parts of the earlier survey are missing, having been torn out. This survey shows that the island contained 846 acres 30 perches, certain allowances having been made. A small island called Cow Island is shown at the lower end, which has been washed away, nothing but a bar being visible today at low water. The second survey attests 868 acres 139 perches.
The copies made for Mr. Fording are beautiful specimens of the draughtman's [sic] art. In the data appended to the survey of 1783 it is attested, that the Virginia survey of the island, recorded as made by Col. William Crawford, the date is 1779, and not 1776, as Warner's "History of Allegheny County" has it. To get these dates right they are repeated: Douglass' assignment to Sims, January 16, 1779; warrant to Sims, May 30, 1780.
The original grant was to Douglass.
Sims, thoroughly conversant with procedure in patenting land, would undoubtedly have an immediate survey made and Crawford, who did much of that work in this region, notably for George Washington, was the most available man to do it.
It must be remembered these are the Virginia records adjudged valid. The gist of the opinion in the decision of the case was that Sims acquired a complete equitable title, which needed only a patent to render it a legal title, and this was confirmed by the compact between Pennsylvania and Virginia of 1780 and the ratification of it by Pennsylvania in 1784.
Sims after this compact and ratification without laches (neglect), obtained a legal survey of that island under Pennsylvania procedure, in which state the survey, though unaccompanied by a patent, gave a legal right of entry sufficient in ejectment.
Claims Are Established.
It was held further that this right once established remained a legal right, notwithstanding any new distribution of judicial powers, and must be regarded by the common law courts of the United States as a rule of decision.
This seems good law and good sense to a lay mind, which cannot be said of some decisions that have stood. It is a fair presumption that had Gen. Irvine been successful, the name Montour, originally applied to the island, would have remained. The ownership of Gen. John Neville not having arisen, the incentive to perpetuate his name would not have appeared.
The island and the south shore of the Ohio titles were settled under Virginia jurisdiction. Other parts of Allegheny county differ. Data in regard to the surveys north of the Ohio and west of the Allegheny River can be found in Judge Agnew's admirable little book, "History of the Territory, Settlement and Land Titles North of the Ohio, Etc." Much other interesting local history can also be found therein.
It was not intended to revert to the Neville history again. Mr. Fording's find, being a matter of news, it seems quite proper to record it as such, and to be concise as above in closing a most interesting phase of Allegheny county history.
Further as a really accurate picture of the rise, development and suppression of the movement known as the "Whisky Insurrection," the reader is referred to two historical novels, "The Latimers" by Henry Christopher McCook and "Sim Greene," by Richard Taylor Wiley. The pertinency of this suggestion arises not only from the manly and patriotic course of the Nevilles, father and son, and Maj. Isaac Craig, but from the part, heroic likewise, of Judge Addison who is under consideration today.
An unpaved street runs up the hill from Center avenue just above Erin street in the old Thirteenth Ward. This is Addison street. Fifty years ago there was but one house on it, a large frame on the left not far above Center avenue, owned by the estate of Samuel Jones, who sat as a lay judge of Allegheny county from 1848–1851, when he resigned to be succeeded by William Boggs, whose name has been given to a well known Mt. Washington thoroughfare.
The Judge Jones property on Addison street was the home for many years of Francis H. Eaton, father of the Eaton brothers of ranch fame. Just beyond on a slope above Center avenue was the stables, and car barns for six cars, of the Minersville street car line, which was later known as the Central Passenger Railway Company, in 1870 extended to Thirty-third street and Herron avenue for regular service. Previously there were three trips a day between Kirkpatrick street and Herron avenue.
Back of the car barns were the Eaton orchards, peaches on the side nearest old Charles street and apples towards Addison street, which ended then in front of the Eaton home. Across Addison street were the spacious grounds of Attorney Alexander H. Miller, whose mansion fronted on Center avenue opposite Erin street. This was originally the home of John D. Mahon, also an attorney, whose name is preserved in Mahon avenue in the vicinity.
Alexander H. Miller was the youthful chum and law student at Somerset, of Judge Moses Hampton. Judge Hampton married Miller's sister, and the two lawyers came to Pittsburgh and entered upon a partnership which lasted from 1838 until 1846 when Mr. Hampton was elected to Congress.
Mr. Miller was a man of wonderful intellect, a deep student all his life, and because he confined his legal business to an office practice and probate matters he was not generally understood or appreciated. The Miller mansion was razed about 12 years ago and the property put on the market.
Back of the mansion was an orchard which adjoined the Eaton orchard, the former afterwards acquired by J. C. Miller and sold in lots. These orchards extended to the property line of Yost Ruch, Reed street not having been put through. A long line of high and imposing locust trees skirted the Ruch line.
The high ground was known as Ruch's Hill, which sloped down on the east to the valley since filled in but once, known as Two Mile or Yellow Run, and later as Soho Hollow.
Land Closely Guarded.
On the south Ruch's holdings extended to Wyanotte [sic] Lane, the land being used principally for pasturage, with entrance at Wyandotte and Jumonville streets at the present Eye and Ear Hospital.
All these grounds were zealously guarded against trespassers, especially the "Eaton orchards, for Howard Eaton, eldest of the Eaton boys, was early in life a good shot.
With the opening of the Miller orchard for dwelling purposes, Reed street was extended along the line of the Ruch property and Addison street put through to Reed. Rose street was extended to Kirkpatrick, and deep cuts made in the grading so that today, with the houses thick upon this district, it is disheartening to me who remembers its former rustic beauty.
When the Eaton family removed to North Dakota about 1880, the old home degenerated into a tenement, some of the tenants keeping warm by burning the fences and sheds and even the clapboards off the house. In a few years the building was razed by orders of the building inspector.
So much for Addison street and its topography and vicinage, past and present. Now as to the man so poorly commemorated in the street name.
In the plan of pews of the first church building ever erected in Pittsburgh, that of the First Presbyterian congregation at what is now Wood street and Oliver avenue, there will be noted just inside the door on the middle aisle, the one allotted to Alexander Addison. Whether it was due to a retiring disposition that Judge Addison did not occupy a front seat we do not know. He did occupy one in his profession.
Old Stories Retold.
Boyd Crumrine in his history of the "Courts of Justice, Bench and Bar of Washington County," tells us all available of Judge Addison's life. Judge J. W. F. White dug out much of the same biographical matter in his sketch of the "Judiciary of Allegheny County, originally published in the Pennsylvania Magazine of History and Biography" in 1883. (Vol. VII, No. 2.) and reprinted in the pamphlets sold at the ceremonies attendant upon the dedication of the Court house in September 1888.
From the biographers we learn that Judge Addison was born at Keith, Banffshire, Scotland, in 1759. He entered Marischal College, Aberdeen, in 1773, teaching school at times at Abelour, and was graduated with the degree of master of arts in 1777. He then studied theology and was licensed to preach by the Presbytery of Abelour in 1781, and became assistant to the minister of the neighboring parish of Rothes.
He continued to teach week days at Abelour, conducting worships on Sundays. He was six years clerk of the Presbytery of Abelour.
The records of the Presbytery of Abelour and Sessions of Abelour and Rothes attest his intention to leave, the record at Rothes reading "13 March, 1785. Preached Mr. Alexander Addison for the last time, he being to go to America soon." He demitted the office of schoolmaster in March, 1785.
Judge Addison married Jean, daughter of the Rev. John Grant, a minister of Dundorcas in the Presbytery of Abelour. The future judge, it will be noted, was about 26 years old when he came to America, and the first record of him in this region is found in the minutes of the eleventh meeting of the Presbytery of Redstone at Pigeon Creek in Washington county December 20, 1785.
These old-time Presbyterians were a bit strict. They were not impressed with the young Scotch minister. The orthodoxy of the times was rock-bottomed and the attitude of the presbytery then was that of the century-later-man from Missouri.
Minister's Reception.
An elaborate minute reads:
Mr. Alexander Addison, a Candidate from the Presbytery of Abelour, in Scotland, having produced a copy of his licensure, and a certificate of his good deportment from said Presbytery, and having also applied to this Presbytery to be taken under our care, the Presbytery proceeded to make some inquiries of him, in order to their having clearness for said purpose, but after conversing with him at some length, did not obtain the satisfaction desired, and, therefore cannot agree to receive him as a candidate under their care, without some limitation; yet, as some things appear very agreeable in Mr. Addison, they are not without hope of obtaining such satisfaction, and therefore permit him to preach in our bounds until the next meeting of Presbytery. Application was made from the town of Washington for the stated labors of Mr. Addison until our next meeting, and also for a member to moderate in drawing up a call for him. The Presbytery agree that Mr. Addison's labors be allowed statedly until our next meeting, to the town of Washington; but as the moderating, in drawing up the call, does not consist with a minute of the Synod on this subject, we cannot at present make the appointment.
The Presbytery met again on April 18, 1786, at Rehoboth Church in Washington county and a minute has been left as follows:
Upon a new application of the town of Washington the Presbytery agree that Mr. Addison continue to preach until the meeting of the Synod.
That rare old book, Smith's "Old Redstone," contains the foregoing extracts.
We can take it that the rigor of the orthodoxy evinced by the action of the Presbytery was most discouraging to young Addison, Scotch through and through and accustomed to strictness in procedure. The moderating spoken of is simply the presiding over the church or congregational meeting.
Judge White says Addison was not regularly received into the Presbytery. Addison therefore turned to the study of the law at Washington, registering with David Redick, a name familiar in all early surveys in this region. Addison was admitted to the bar in Washington in March, 1787.
There is evidence that he remained a resident of the town of Washington until about 1796, and probably located there on his arrival in this region, for there is a record of a town lot in Washington purchased by him in 1790. The site is now occupied by the Baltimore and Ohio Station, parts of the Trinity Hall grounds and some adjacent property at the foot of the grade up to the Washington Cemetery, This in 1790 was known as the "Additional Town."
Addison In Politics.
Judge Addison was a Federalist in politics and a warm supporter of Washington and Adams and their administrations. During Washington's the French Revolution occurred. France had assisted the Americans against England, hence a strong French leaning and sympathy for France, and when the war began between France and England many leading men and newspapers clamored that our government should aid France. Both Washington and Adams maintained a strict neutrality.
Those were perilous days. The United States was a very weak and isolated nation. French emissaries were numerous in the states and secret political societies favoring France were formed.
This led to the passage of the celebrated Alien and Sedition laws by Congress to counteract the influence of these emissaries and secret clubs, but the laws served only to increase the political excitement and brought about a political revolution. Democratic Thomas Jefferson was elected over John adams in 1800, and we have had Jeffersonian simplicity and Jeffersonian other things ever since—also the Democratic party. In 1799 Thomas McKean was elected governor of Pennsylvania by that party. All things were bad for Addison.
Addison had gone upon the bench of the Fifth Judicial District of Pennsylvania by appointment of Gov. Mifflin August 17, 1791. Judges were appointed by the governor under the Constitution of 1790 and held their office during good behavior until after the amendment of 1850 to the Constitution of 1838, when they were elected for a term of 10 years.
First Elected Judge.
Under this amendment Judge William B. McClure was the first judge elected in Allegheny county.
Judge Addison was elevated to the bench only four years after his admission to the bar. He showed at once that no mistake had been made. A profound scholar, a natural aptitude for his profession, an integrity beyond reproach, he adorned the position for 12 years until 1803, when he was impeached and removed—to appease the vengeance of an envious colleague—sitting as a lay judge—one John B. C. Lucas—but that is somewhat of a story to go into in the space remaining today.
Judge Daniel Agnew, at the Centennial celebration of Washington county in 1881, bears a fitting tribute to Judge Addison in these words:
He was a man of culture, erudition, correct principles and thoroughly imbued with love for the good of society. These characteristics are seen in his essays, letters, charges to the grand juries and reports of judicial decisions. They embrace a scope of thought marking a fine intellect and extensive knowledge; and they exhibit a patriotism of the purest lustre, set in a bright constellation of virtues.
Judge Addison lived and executed his functions amid the troubles, excitements, dangers and factions which followed the Constitution of 1787, and attended the enforcement of the excise law of the United States which culminated in the Whiskey Insurrection of 1794. His patriotic instincts and love of the public welfare led him by means of charges to the grand juries to discuss, frequently, the underlying principles of government, the supremacy of the laws, and the necessity of due subordination to rightful authority—a duty which he felt urgently incumbent upon him in the disturbed condition of affairs. Though at the time controverted by the partisanship and hatred of authority, owing to the peculiar hardships of the early settlers, these efforts are this day among the best expositions of the principles of free government, the necessity of order and obedience to law. No one can read his speech to the grand jury of Allegheny County September 1, 1794, without feeling in the presence and listening with uncovered head to a man whose virtues of heart equaled his qualities of head.
Volume of Decisions.
The volume of Pennsylvania jurisprudence, known as Addison's Reports, contain his decisions, essays and charges. These were first published in 1800. They show his great legal mind and the variety and the number of new intricate and important causes [sic] tried by him.
Judge Addison died in Pittsburgh November 27, 1807, leaving a widow and seven children. These were: Alexander and William, Elizabeth, wife of Dr. Peter Mowry of Pittsburgh; Mary, wife of Samuel H. Fitzhugh; Jane, first the wife of Alexander Johnston and after his death married to Benjamin Darlington; Eliza A. and Annie, who died in 1855; the two latter not married.
In all Judge and Mrs. Addison had 10 children. Alexander died of injuries received from the falling of a chimney during the burning of his preceptor's (T. M. T. McKennon's) law office in Washington, January 28, 1822. William Addison, born in 1801, died in Pittsburgh in 1862. He was one of Pittsburgh's best known physicians.
After the judge's death Mrs. Addison moved back to Washington to better educate her children, both sons graduating at old Washington College. Mrs. Addison died in 1820 and her daughter, Mrs. Fitzhugh, in 1822. The interments of the three were in the old churchyard of the First Presbyterian Church on Sixth avenue, Pittsburgh, where they rested until 1901, when they were disinterred and placed in the Allegheny Cemetery. This was on account of the building of the new church and utilization of the plot for the McCreery Building.
Of the pictures shown today Hugh Henry Brackenridge, judge of the Supreme Court of Pennsylvania in 1816, was the bitter and unrelenting foe of Judge Addison. Judge Shaller [sic] served on the Common Pleas bench from June, 1824, to May, 1835, when he resigned. Judge Roberts succeeded Addison.