David Acheson (1769-1851)

DAVID ACHESON
b. May 8, 1769
d. Dec. 1, 1851

FAMILY LETTERS IN A CIVIL WAR CENTURY included (for the most

part) letters saved by old David Acheson's son, Alexander

Wilson Acheson who was born in 1809.

Jane M. Fulcher

February, 2000

***

The bearer David Acheson intending to remove to N. America

this therefore is to certify that he is a young man of a

sober good conduct and son to Mr. Geo. Acheson an elder of

the Seceding Congregation of Market Hill in the County Armagh

Ireland. This is given under my hand this 10th of Apr. 1788.

Dav. Arrot .... ....

***

Received from David Atchison four pounds Sg in full for his

passage on The Friendship Captain Rice for Philadelphia.

L4.0.0 Belfast 14 May 1788

For Messrs W H ... & Stevenson

Charles Fowler

[on verso]

Receipt Charles Fowler for passage in The Friendship

14th May 1788

***

Rec'd from John Acheson & Co. 2 hundred & seven Rations for

the use of the Cornplanters party of Indians.

Given under my hand this 11th Day Febry 1789

Washington Town Jonathan Zane

207 Rations at 7L 6.0.0

***

Rec'd Pittsburgh Febr.16th 1789 of Mr. Jonathan Zane House[?]

accounts against the United States for his and Indians as

Pilot & for provisions furnished by Ebenezer Zane and John

Acheson--which I promise to endeavor to have paid & in case

of failure [to pay the various] contractors the said accts to

him or his ... Richard Butler

[Written after this in a different hand]: Brigadier Gen'l

under Gen'l St. Clair. Killed in the battle with the Indians

Nov. 1791.]

***

[The following "statement" by David Acheson was probably

written in 1817. According to Alexander W. Acheson's

Appendix to ACHESON -- A FAMILY HISTORY, p.51

In the spring of 1886 when the Honorable Alexander

Murdoch was preparing to remove from the residence

where he had lived so long, he found among the

papers of his father [also Alexander Murdoch] who

was Prothonotary of the county from 1809-1819 a

"statement" in the handwriting of David Acheson.]

David Acheson arrived in the United States in 1788, a minor

and a partner of his brother John Acheson, who had for some

time before carried on a commercial establishment in Washing-

ton, under the firm of John & David Acheson, and afterwards

under the firm of John Acheson & Co., which copartnership

continued until the decease of John Acheson, October 1791.

David Acheson, during the lifetime of his brother, made two

voyages in New Orleans and one to the West Indies,

besides trading in the towns

erecting northwest of the Ohio. In the month of August 1790,

David Acheson and the late Capt. Fowler of Pittsburgh,

freighted a French vessel, then lying in the harbour of the

City of New Orleans and as citizens of the United States,

shipped on board a considerable quantity of flour to the

Island of St. Domingo, This was understood at the time to be

the first cargo of flour ever shipped from New Orleans, at

least to any foreign port.

The ship and cargo arrived in good order at Cape Francis, now

Cape [Hanny?, Horny?], where the flour was landed and sold on

account of Messrs David Acheson & Co., citizens of the United

States, by Messrs Perkins & [Marger? Morgan?] & Co. merchants

of the Cape. It was indeed a matter of some curiosity to the

Citizens of Cape Francis upon learning that this cargo of

flour having not only been shipped from New Orleans but had

actually, before arrival & shipment from that port, been

conveyed down the Ohio & Mississippi rivers, upwards of 2000

miles.

The returns of this cargo of flour was shipped, from & in the

produce of the said Island, to Philadelphia by David Acheson

& Co. as citizens of the United States and their sold. Part

of the coffee was sold to John Guier of the said City, Mercht

D A about the last of Nov. 1791, when ascending the Ohio, on

his way to Washington from Cincinnati, where he had been with

goods and established a store on account of said concern

under the management of Daniel Duffay, first heard the

melancholy account of his brother's death, who died on his

way to Philadelphia near the foot of Cove Mountain.

This was an unexpected & trying event to a youth having

thereby an extensive, complicated and embarrassed concern to

adjust & settle. Many losses had been sustained and a number

of litigated cases; moreover his just claim as a Partner with

his deceased brother was disputed, and upon which a suit was

brought against him by John Hoge, Attorney in fact of the

widow of John Acheson Dec.

Issue made up in the Registers Court, in order to determine

this matter and a special jury being selected for that

purpose did finally determine this case at September term

1795 who "on their respective oaths say that they find that

David Acheson, the Defendant, is a full and equal partner in

all Estate real and personal."

His deceased brother, John Acheson, prior to his coming to

the U. S. had been engaged in business in Ireland, in which

he had been unsuccessful. When he left that country he also

left considerable debts unsettled besides money due his

father, George Acheson, which debt was paid after his decease

by David Acheson, Administrator & Surviving Partner.

In the year 1794 the late Thomas Acheson arrived in this

country with regular powers of attorney authorizing him to

demand, sue for, and recover from the Estate of John Acheson,

Dec'd, considerable sums of money due and owing as aforesaid.

A suit was accordingly brought by him against the estate for

the recovery thereof and the matter in dispute left to three

men, to wit, Dr. Absalom Baird, William Meetkirke, Esq., &

Col. Gabriel Blackney, who after hearing the proofs and alle-

gations of the parties, did determine and award that the

Estate of John Acheson Dec'd was indebted to Thomas Acheson,

Attorney in fact for George Acheson and others, the sum of

1460 pounds, which money David Acheson paid as Administrator

of said Estate.

The Administrator of the Estate of Joseph McCulloch Dec'd

exhibited also a demand against the Estate of John Acheson

amounting to $300 which was also left to men and by them

determined and awarded to be just, which was paid by David

Acheson.

During this moment of trial & perplexity D A was supported by

friends. In James Ross, Esquire, he found a faithful and

honorable counsellor, also to the late Judge Addison he feels

indebted, not only for friendly & salutary advice received

from him from the time of the decease of John Acheson during

all the time of adjustment & settlement of said Estate. The

said Judge Addison freely and voluntarily officiating and

acting as a magistrate in taking depositions for the said

David in the year 1794 & 1795 relative to the case then

depending in the Court of Common Pleas, over which the said

Judge presided "whether and how far the said David Acheson

was a partner with his brother John Acheson."

Further it appears on the 1st May 1794 when David Tait, a

witness on behalf of D A, went before the Judge to make

deposition relative to the said cause, before he administered

the oath or subscribed the same, the said Judge in his own

proper handwriting entering that deposition & envincing

thereby the utmost confidence in the honour, correctness, and

integrity of D A. This circumstance will doubtless satisfy

any man that Judge Addison must have had the most exalted

opinion of him.

Again a considerable time after the determination of the

above suits, to wit, in 1797 or 1798 or probably 1799, a

motion was made, probably by Mr. Campbell, Atty for John

Hoge, &c, in this Court of Common Pleas, and followed up by

considerable arguments of counsel, to set aside the judge-

ments obtained by Thomas Acheson & James McColloch against

D A, as Administrator of the Estate of his brother, John

Acheson Dec'd, alledging that D A had aided or facilitated in

obtaining those judgements thereby wronging the widow & heirs

of his deceased brother.

Doubtless this subject was then agitated in consequence of

the then unhappy political division which for the first time

divided the citizens of this county. At least such was the

opinion of his friends. Judge Addison, being intimately

acquainted with the adjustment & settlement of said Estate

decided that said Judgments "ought not, should not be set aside."

Soon after David Acheson arrived at the age of twenty-one

years, and two weeks after the trial and award of the jury,

finding and awarding him to be an "equal partner in all

Estate real & personal of his brother John Acheson," was he

for the first time elected a Representative for the County of

Washington in the General Assembly of Pennsylvania, and

second on the return, having 1027 votes, accordingly attended

the House and performed the duties of a member during the

Session of 1795-96.

October 1796, was re-elected and highest on the return having

1819 votes, attended as a member during the Session 1796-97.

October 1797, was again re-elected and second on the return,

having 997 votes, and when attending to his duties as a

member of the House, being his third Session, a petition was

presented against his competency, alledging that he was an alien.

Before the House came to a decision, or even to an

investigation of the facts stated in the petition in order to

ascertain the truth of what the petitioners alledged, David

Acheson addressed a letter to George Lattimer, Esquire,

Speaker of the House, resigning his seat as one of its

members, which was accepted of by the House. This then ended

this matter, leaving the question of alienship still

undetermined.

That no blame was attached to David Acheson, relative to this

transaction by his constituents must be evident from their

again electing him a Representative in 1804 and third on

return having 817 votes, and accordingly served as a member

of this House during the Session 1804-05.

David Acheson in November 1805 moved with his family to the

City of Philadelphia, where he lived till the spring of 1814,

when he returned with his family again to Washington. During

his residence in the city, he enjoyed the confidence &

friendship not only of a numerous & respectable circle of

friends & acquaintances but also of the Representatives of

the good people of this Commonwealth, by whom he was chosen a

director, on behalf of this State, of the Philadelphia Bank.

He was first elected in the year 1809 and continued every

year afterwards until he left the City in 1814. In this

institution the State owns upwards of 500,000 dollars.

During the late war with Great Britain Governor Snyder

appointed him an agent on behalf of this Commonwealth to

negotiate a loan in the City of Philadelphia for a Million of Dollars

agreeably to an act of the General Assembly

authorizing the Governor to borrow that sum. This money was

accordingly negotiated for and obtained from the Banks in the

City.

* * *

Immediately after the election of Governor Findlay in October

1817, a project was set on foot in this County, even before

his inauguration, in order to supplant the Prothonotary &

persons to fill those offices.

This scheme was at the time considered premature, evincing a

want of confidence in the Chief Magistrate, who was but a few

weeks elected and before he had entered upon the duties of

his office; moreover, it was apprehended that such a

procedure, if not counteracted, would have a tendency to

control the Governor, contrary to the Constitution, which

invested in him exclusively the right of appointment.

Alexander Murdoch, Esq., and some others prevailed upon D A

to wait upon the Committee of Vigilance in order to have an

address signed & published against such election. The paper

was first presented to David Craig, Esq., who approved of

[illegible]... Alexander Addison[?], Esq. D A next waited on

John Watson, Esquire. Mr. M explained the object in view by

having the address signed & published by the Committee, in

order to counteract the election project and Mr. Watson

approved and signed it.

The other gentlemen on the Committee, Gen'l Hamilton, Col.

Sam'l Hill & Isaac Kerr, Esq., did not sign it. The General

expressed himself decidedly against any measure that would

have a tendency to control the Governor in his right of

appointment. He considered the election project improper but

was of opinion it could not succeed; therefore, considered an

address from the Committee also unnecessary and improper and

would but have a contrary effect to what it was intended.

Col. Samuel Hill seemed to favor the scheme of nominating

persons to fill those offices by election, consequently on

that score refused his signature, observing however, as the

subject appeared of some importance, he would consider of it

and come to Washington in a few days.

Isaac Kerr, Esq., was not called upon. It was understood

however that he disapproved of any interference with the

Governor in his right of making appointments.

[The statement we have in David Acheson's handwriting ends

here. The transcript of it included in the APPENDIX to

ACHESON--A FAMILY HISTORY stops at the centered asterisks

above.]

***

[To judge from the date, 188.., the following letter and the

1888 certified copy of David Acheson's naturalization record

were in response to an inquiry from E. F. Acheson.]

Commonwealth of Pennsylvania

Library Department

William H. Egle, M.D., Librarian

Joseph R. Orwig, Assistant Librarian

Harrisburg 188...

[E. F. Acheson, Esq.]

Washington, Penna.

Dear Sir: From the Proceedings of the H. of Rep. of December

13, 1797, I find the following relative to the Election of

David Acheson, Esquire: A petition from sundry inhabitants

of the county of Washington, stating that they have good

reason to believe David Acheson, Esquire, Member of this

House from the said county, is not a citizen of the United

States, and praying an investigation of the case, which

together with papers accompanying the same was read, and

Ordered to lie on the table. On motion, Ordered, that the

clerk be directed to furnish the sitting member with a copy

of the said petition, and of such papers accompanying the

same as he may require.

On December 14th, appear the following minutes: The petition

of a number of the inhabitants of Washington county, relative

to the Election of David Acheson, Esquire, read yesterday,

was read the second time. A Motion was made by Mr. Waln,

seconded by Mr. Taylor, and adopted as follows, viz:

Resolved, That the petition from several citizens from the

county of Washington, complaining of the election of David

Acheson, together with the papers accompanying the same, be

referred to a committee, that the said committee shall have

authority to send for persons and papers, and that they

report a statement of facts for the information of the House.

Ordered, That Mr. Hemphill, Mr. Stover, Mr. Smilie, Mr.

Mulhenberg, Mr. Kelly, Mr. Hendricks and Mr. Welles, be a

committee for the purpose expressed in the said resolution.

The committee to whom we referred the 14th instant, the

petition against the election of David Acheson, Esquire, with

sundry papers accompanying the same, made report, which was

read as follows, viz:

That the said David Acheson is a native of Ireland, that

he came into this country since the declaration of

Independence to wit, about the year 1788 or 1789...

That it appeared to your committee that the said David

Acheson within the last year past, acknowledged that he had

not become a citizen by taking the oath of allegiance as

prescribed by the laws of this State or of the United States,

and that the said David Acheson said he did not deem it

necessary to take such oath.

It also appeared to your committee that the said David

Acheson hath sat as a member in the legislature of this State

the two years last past, and took and subscribed the usual

oaths of office.

Your committee further report that the said David

Acheson declined to give any information to your committee

respecting the above facts.

Ordered to lie on the table.

On Saturday Dec. 23d, 1797: A letter addressed to the

Speaker inclosing a certificate of the naturalization of

David Acheson Esquire, on the 28th day of November last,

and signed John Hoge, was read, together with the said

certificate, and ordered to lie on the table.

On Monday, Jan. 1st, 1798, the following proceedings in the

case transpired:

A motion was made by Mr. Hemphill seconded by Mr.

Carpenter, and read, as follows, viz:

Resolved, That the Constitution of Penn'a declares that

no person shall be a Representative who shall not have been a

citizen and inhabitant of the State three years preceding his

election.

Resolved, That no foreigner can become a citizen of this

State until he is naturalized agreeably to law.

Resolved, That it has been made to appear to this House

that David Acheson (as sitting member) is a native of

Ireland; that he came into this country since the declaration

of independence, and has never been naturalized until the

18th of November, 1797, at which time on his own application

to the District Court of the United States, he was

naturalized according to law.

Resolved, That the said David Acheson was not at the

time of his election a citizen of this State, and therefore

not qualified to serve as a member of the House of

Representatives of Pennsylvania.

Ordered to lie on the table.

On motion, Ordered, That Wednesday the 10th instant be

assigned for the second reading of the resolutions contained

in the said motion, and also of the report of the committee

appointed to enquire into, and make a statement of facts

relative to the citizenship of David Acheson, and that they

be the order for that day.

On Thursday Jan. the 11th appears the following: A letter

addressed to the Speaker, and signed by John Hoge, one of the

petitioners for the investigation of the legality of the

election of David Acheson, Esquire, praying to be heard by

counsel on the said question, was read and on motion, and by

special order the same was read the second time, and the

prayer thereof granted.

A Motion was made by Mr. Smilie, and seconded by Mr. Leib,

to postpone the consideration of the Motion make by Mr.

Hemphill, seconded by Mr. Carpenter, and read the first

instant, and the report of the committee appointed to inquire

into and make a statement of facts relative to the citizen-

ship of David Acheson, Esquire, until Tuesday next. On the

question, "Will the House agree to the same?" is was deter-

mined in the negative. A Motion was made by Mr. Acheson, and

seconded by Mr. Forrest, to postpone the said last mentioned

Motion and report until tomorrow. A Motion was then made by

Mr. Evans and seconded by Mr. Waln, to postpone the said

Motion, in order to introduce the following, viz: Resolved,

That David Acheson shall tomorrow morning lay upon the table

of this House, a full statement of facts relative to his

qualifications for a seat in this House. On the question,

"Will the House agree to postpone for the purpose aforesaid?"

it was determined in the affirmative. And on the question,

"Will the House agree to the resolution?" the yeas and nays

were called by Messrs. Forrest and Evans and are as follows:

Yeas 68 Nays 5. So it was determined in the affirmative,

and the resolution was adopted. On Motion of Mr. Evans,

seconded by Mr. Leib, Ordered, That the Motion made by Mr.

Hemphill, seconded by Mr. Carpenter, and read the first

instant, and the report of the committee appointed to inquire

into and make a statement of facts relative to the citizen-

ship of David Acheson, Esquire, be postponed until Saturday

next, and that they be ordered for that day.

On Friday, January the 12th appears the following: A letter

addressed to the Speaker, and signed David Acheson, resigning

his seat in the House, was read and ordered to lie on the

table.

On Saturday, January the 13th, a Motion was made by Mr.

Everly seconded by Mr. Hoge, and read as follows, viz:

Resolved, That this House accept the resignation of David

Acheson of his seat in the Legislature of Pennsylvania; but

such acceptance is in no wise to be deemed or construed to

dispense with any of the requisites necessary to qualify any

person to a seat in the Legislature. And on Motion, and by

special Order, the same was read the second time. A Motion

was made by Mr. Hemphill and seconded by Mr. Evans, to

postpone the further consideration of the said resolution in

order to introduce the following as a substitute, viz:

Resolved, That the resignation of David Acheson, be accepted,

but that such acceptance, shall not be deemed as an implied

acknowledgment that the said David Acheson is qualified to

serve as a member of this House, or that it is not necessary

for a foreigner coming to this country since the Declaration

of Independence to take an oath or affirmation of allegiance,

&c. and to be naturalized three years previous to his elec-

tion, to render such person qualified to serve as a member as

aforesaid, or that the papers on the table are not sufficient

to prove the want of citizenship of the aforesaid David

Acheson. On the question, "Will the House agree to postpone

for the said purpose?" it was determined in the negative.

A Motion was made by Mr. Ball and seconded by Mr. Heron, to

postpone the further consideration of the said resolution in

order to introduce the following as a substitute, viz:

Whereas, This House has reason to believe that David Acheson,

chosen to represent the County of Washington in the House of

Representatives of this Commonwealth, was not at the time of

his Election, a citizen of this State or of the United

States, therefore, Resolved, That the resignation of the said

David Acheson, be accepted. On the question, "Will the House

agree to postpone for the said purpose?" it was determined in

the negative.

The original Motion recurring, a Motion was made by Mr.

Waln, and seconded by Mr. Kelly to amend the same by striking

out all that follows the word "construed" and inserting in

place thereof the following, viz: "to recognize a right in

the said David Acheson to a seat in this House." On the

question "Will the House agree to the amendment?: is was

determined in the affirmative and the resolution as amended

was adopted.

***

U. S. District Court

Eastern District of Penna

Certified copy

of the Petition and

Record of admission

of David Acheson, Esquire

of the State of Penna