Records of Naturalization and Divorce in the Oldest Extant Docket of Common Pleas, Luzerne County, Pennsylvania

RECORDS OF NATURALIZATION AND DIVORCE IN THE OLDEST EXTANT DOCKET OF THE COURT OF COMMON PLEAS, LUZERNE COUNTY, PENNSYLVANIA contributed by Norman Douglas Nicol, PhD* T he following records of a genealogical interest are transcribed from the earliest extant docket book of the Court of Common Pleas for Luzerne County. 1 The majority of entries in the approximately 340 pages deal with debts, obligations, real estate title deed disputes, and other mundane cases of a monetary nature. The two main naturalization records exhibited here pertain to persons who figure large in the history of the region, whereas the divorce records are illustrative of court actions of this nature in the early nineteenth century. CHARLES HOMET PETITION FOR NATURALIZATION [page] 30. April Term 1810. 4th April 1810, the Petition of Charles Homet was read, setting forth that he emigrated from the City of Paris in the Kingdom of France and arived [ sic] at New York some time in July in the year of our Lord one thousand seven hundred and ninety three. That he resided in the State of New Jersey about one year and a half, and afterwards about the month of June in the year of our Lord one thousand seven hundred and ninety five removed to the town of Asylum in the County of Luzerne and State of Pennsylvania, where he has resided ever since. And praying the Court that he may be admitted a Citizen of the United States conformably to the Act of Congress passed the 14th day of April 1802….. And on due proof being made on oath of Barthalomew Laporte, that he is well acquainted with the said Charles Homet, and that to his knowledge the said Charles hath resided in the United States more than five years last past, and that he hath during the said time behaved as a man of good moral character, * Norman Douglas Nicol (ndnicol@epix.net; P.O. Box 1855, Shavertown PA 18708) is a professional genealogist and family historian specializing in northeastern Pennsylvania, England, Scotland and Germany, and a member of the board of directors of the Genealogical Society of Pennsylvania. 1 Luzerne County, Pennsylvania, Court of Common Pleas, Continuance Docket Book 3, April Term 1810 to August Term 1812, Clerk of Courts Office, Wilkes-Barre. Digital images of this volume are preserved in the library of the Northeastern Pennsylvania Genealogical Society (NEPGS), Hanover Township, Pennsylvania. Images included in the article are courtesy of the Board of Directors, NEPGS. Pennsylvania Genealogical Magazine Vol. 49 (2014) 167 168 Pennsylvania Genealogical Magazine Vol. 49 attached to the principles of the Constitution of the United States, and is well disposed to the good order and happiness of the same….. And the said Charles Homet having declared on oath before the said Court, that he will support the Constitution of the United States, and that he did absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, Potentate and Sovereignty whatsoever and particularly to Napoleon Boneparte [ sic] Emperor of France…. He is accordingly admitted a Citizen of the United States - by the Court. The violent events of the French Revolution brought Charles Homet to Pennsylvania. He had been a servant in the court of Louis XVI and after the downfall of the monarchy, Charles escaped to America. Upon learning that a number of French nobles were working to establish a colony along the upper reaches of the Susquehanna River that was planned as a refuge for Marie Antoinette, Charles made his way to Asylum, in present-day Bradford County, and was a major figure in the building and furnishing of the intended residence for the Queen. After the danger to French nobles had passed, most of them returned to France, but Charles Homet remained, and his progeny remain in the area to this day. 2 SECOR DIVORCE [page] 69. John Secor vs. Esther Secor August Term 1810 Libel for a Divorce...A Vinculo Matrimonii Be it remembered that at a Court of Common Pleas held at Wilkes Barre in and for the County of Luzerne, on the tenth day of August Anno Domini one thousand eight hundred and ten before the Honourable Thomas Cooper, 2 There are a fair number of references that recount the story of Asylum and include information about Charles Homet. Interested readers may refer to one or more of the following publications. Oscar Jewell Harvey and Ernest Gray Smith, A History of Wilkes-Barré Luzerne County, Pennsylvania. 6 vols. (Wilkes-Barre, Pennsylvania: Raeder Press and Smith-Bennett Corporation, 1909-30), 3:1697-1718; J.W. Ingham, A Short History of Asylum Pennsylvania (Towanda, Pennsylvania: Towanda Printing Company, 1916); David Craft, “The French Settlement at Asylum, Bradford County, PA. 1793,” Proceedings and Collections of the Wyoming Historical and Geological Society (Wilkes-Barre, Pennsylvania), For the Years 19021903, 5(1900): 46-86; David Craft, “A Day at Asylum,” Proceedings and Collections of the Wyoming Historical and Geological Society (Wilkes-Barre, Pennsylvania), For the Years 19021903, 8(1904): 46-86; Louise Welles Murray, The Story of Some French Refugees and Their “Azilum” 1793-1800 (Athens, Pennsylvania: Tioga Point Historical Society, 1903); Elsie Murray, Azilum French Refugee Colony of 1793 (Athens, Pennsylvania: Tioga Point Museum, 1950). Web edition. http://collection1.libraries.psu.edu/cdm/singleitem/collection/ digitalbks4/id/1298/rec/1; Norman B. Wilkinson, A French Asylum on the Susque-hanna River, Historic Pennsylvania Leaflet No. 11 (Harrisburg, Pennsylvania: Pennsylvania Historical and Museum Commission, 1991). Web edition. http://www.portal.state.pa.us/portal/ server.pt/community/places/4278/french_asylum_on_the_susquehanna_river/472247 2014 Luzerne County Naturalizations and Divorces 169 Esquire, President and Matthias Hollenback and Jesse Fell Esquires, Judges of said Court, the Petition for Libel of John Secor of Providence Township in said County aforesaid, with an affidavit thereto subjoined was exhibited and read, setting forth and complaining, That the Libellant is a citizen of the State of Pennsylvania and has resided therein for more than one year previous to the date hereof. That the Libellant the twenty third day of February A.D. 1796 at the County of Ulster in the State of New York, was married to a certain Esther Pack of the same County Spinster, and that they lived and cohabited together, for about three years as [page] 70. August Term 1810 man and wife, and as such was known and reputed by all their neighbors and acquaintance in That about four years last past the said Esther forgetting the duty she owed the Libellant withdrew her affection from him, and without any just cause, and knowingly entered into a second marriage, in violation of the previous vow, with a certain James Shepard, and with him lived and cohabited as his wife and still doth, whereupon the Libellant prays that a Subpoena may issue from the Court of Common Pleas commanding the said Esther to appear at the next term to answer this Libel; and that a sentence of the said Court may pass divorcing and separating the Libellant from the marriage vow with the said Esther his wife as aforesaid and your Petitioner Shall pray etc. August 9th 1810 Luzerne County Ps: John Secor the Libellant above named being duly sworn according to Law, saith that the facts contained in the foregoing Libel are true to the best of his knowledge and belief; and that the complaint in the said Libel Contained is not made out of levity or collusion, between the said libellant and the said Esther, but in Sincerity and truth for the Causes in said Libel mentioned. John Secor Sworn before me this ninth day of August A.D. 1810 Jos. Fellows, Justice of the Peace. Whereupon It is ordered by the Court that a Subpoena issue returnable to the next November Term, to the said Esther Commanding her to appear and make her answer to the said petion [ sic] or libel. And now, at November Term 1810, Upon the Motion of Mr. Welles, the Court direct a subpoena to issue to the Said Esther Secor Commanding her to appear at the next january Term, to answer the said Petition or Libel, and the same was issued accordingly. W ITHY DIVORCE August Term 1811 Amasa Withy [page] 193 170 vs. Lucy Withy Pennsylvania Genealogical Magazine Vol. 49 Libel for a Divorce a Vinculo matrimonii Be it remembered that at a court of Common Pleas held at Wilkes Barre in and for the County of Luzerne, on the ninth day of August one thousand eight hundred and eleven before the Honourable Seth Chapman Esquire, President, and his Associates Judges of Said Court. Amasa Withy of Braintrim township in the County aforesaid exhibited his petition or libel setting forth and complaining, That on the sixth day of July Anno Domini one thousand seven hundred and eighty four he was lawfully joined in marriage to Lucy Baker his present wife, and from that time until the 20th day of June 1804, lived and cohabited with her, and hath in all respects demeaned himself as a kind and loving husband. And although by the laws of God as well as by their mutual vows and faith plighted to each other they were reciprocally bound to that constancy and uniform regard which ought to be inseperable [ sic] from the marriage state. Yet so it is that the said Lucy from the 20th day of June 1804, hath wilfully [ sic] and maliciously deserted and absented herself from him the said Amasa Withy and such desertion and absence hath persisted in for the term of six years and more, without any just and reasonable cause, and yet doth continue to absent herself from him the said Amasa Withy. Wherefore, further shewing [ sic] that he hath resided for one year and more within this state, prays the Court that a subpoena may issue forth to summon the said Lucy to appear in the said Honourable Court, at November term next, to answer the Complaint aforesaid; And also that a decree of the said Court may be given for the divorcing and separating of her the said Lucy from the said Petitioner's society, fellowship and [page] 194. August Term 1811. Company in all time to come, and him the said petitioner from the marriage bond aforesaid, as if he had never been married, or as if she the said Lucy were naturally dead. Whereupon, the said petition or libel being read with the affidavit thereto subjoined wherein the said Amasa Withy on oath declares that the facts contained in the foregoing petition or libel are true to the best of his knowledge and belief; and that the complaint is not made out of levity, or by collusion between him and his wife and for the mere purpose of being freed and separated from each other, but in sincerity and truth for the causes mentioned in the said petition or libel, the Court do grant the prayer of the said petition or libel, and Do Order that a subpoena issue to the said Lucy Withy commanding her to appear at the next court of Common Pleas to be held at Wilkes-Barre, for the County of Luzerne, to make her answer to the foregoing petition or libel, and to shew [ sic] cause if any she hath why a Decree of the said Court shall not be made divorcing and separating her the said Lucy from her marriage bond with the said Amasa, and further to do and receive whatsoever the said Court shall consider in that behalf; And the same was issued accordingly. And now at November Term 1811, the Sheriff of the County makes return that he had 2014 Luzerne County Naturalizations and Divorces 171 served the said Subpoena on the said Lucy Withey; Whereupon on Motion of Mr. Bowman Court direct an alias Subpoena to issue and the same was accordingly issued. And now at January Term 1812 the Sheriff of the County makes return to the said Subpoena that he had served the same on the said Lucy Withey. Whereupon on Motion of Mr. Bowman Rule to take the Depositions of Witnesses before Joseph Eaton Esq. (who is appointed a commissioner of that purpose) in the [page] 195. August Term 1811. town of Plainfield County of Windham and State of Connecticut, to be read in evidence in this case. YOUNG DIVORCE [page] 229. November Term 1811 Bill of Costs Tamar Young Libel for a divorce a vinculo Proc. vs. Matrimonii D. S...bt 3.50 Henry Young A. Beaumot 2.50 Shff Heyde 4.48 hd. Rot $10.48 Be it Remembered That At a court of Common Pleas held at Wilkes Barre in and for the County of Luzerne, on the fourteenth day of November Anno Domini one thousand eight hundred and Eleven, before Seth Chapman President and Matthias Hollenback and Jesse Fell Esquires Judges of said Court, Tamar Young by her next friend Jonas Brush exhibited her Petition or libel setting forth and complaining That the said Tamar on the fifteenth day of May in the year of our Lord one thousand eight hundred and two was lawfully joined in marriage with Henry Young her present husband and from that time hath lived and cohabited with him and hath in all respects demeaned herself as a kind and loving wife. And although by the laws of God as by the mutual vows plighted by each other, they bound to that chastity which ought to be inseparable from the marriage yet the said Henry in violation of his marriage vow hath for a considerable time hast given himself up to adulterous practices and been guilty of adultery; and praying the Court will be pleased to order and direct that a subpoena do issue in due form of law directed to the said Henry Commanding him to appear at the next court of Common Pleas to be held at Wilkes Barre in and for the County aforesaid to answer the said libel and to shew [ sic] cause, if any he has, why the said Tamar should not be divorced from the bond of Matrimony. And the said Tamar having declared on oath that the facts contained in the above petition or libel are true to the best of her knowledge and belief and that the said complaint is not made out of levity or collusion between her and her said husband Henry and for the mere purpose of being freed and separated from each other, but in sincerity and truth for the causes mentioned in the said petition; Which said Petition and affidavit being 172 Pennsylvania Genealogical Magazine Vol. 49 read and considered, It is ordered by the Court that a subpoena do issue to the said Henry Young commanding him to appear at the next January Term to answer the said Petition or libel, And the same was issued accordingly. And now, at a court of Common Pleas held at Wilkes-Barre [page] 230. in and for the County aforesaid, Jabez Heyde jr. Sheriff of said County makes return that he served the said subpoena on the said Henry Young, on the 25th December 1811, by reading and leaving a copy with him. Whereupon on the 9th day of January 1812, on motion of Roswell Welles Esquire, It is ordered by the Court that an alias Subpoena do issue to the said Henry Young Commanding him to appear at the next court of Common Pleas to be held at Wilkes Barre on the first Monday of April next, to answer the said petition or Libel and the said Subpoena was issued accordingly And also at a court held at Wilkes Barre in and for said County Came Jabez Heyde jr. Shrff of said County certifies and returns that he served the above Als subae by reading the same & leaving a copy with the said Henry Young on the 13th February 1812 and now to wit on the 17th day of April 1818 on motion of Mr Evans the Court appoint Thomas Dyer Esq Commissioner to take the Depositions of witnesses or Interrogatories filed Augt. court 7th November Interrogatories filed and commission issued and now to wit on the seventh day of January 1819 commission & depositions of witnesses thereto annexed returned & examined by the court and ordered to be filed of Record. And now to wit on the on the [ sic] 8th day of January 1819 it appearing to the Court that the parties had been legally joined in lawful wedlock that the Libellant & Libellee were citizens of this state that subpoenas had been regularly issued & returned served & the services proved on the oath of the Sheriff and that the said Henry after having been duly subpoenaed as aforesaid hath made default and never appeared to answer the Libellant. And whereas from a due consideration inspection of the depositions of witnesses & evidence by the Court it appearing that the said Libellee was guilty of the practices set forth in said Libel the Court thereupon do order and decree a divorce & separation from the Bonds of matrimony contracted between the said Tamer & Henry and that the Marriage between them be nul [ sic] and void and that all and every the duties and claims accruing to either of the said Parties at any time heretofore in pursuance of said marriage shall cease and determins and the said parties shall severally be at liberty to marry again in like manner as if they had never been married. RAISH DECLARATION OF INTENTION 2nd November 1811, Godfrey Raish files a declaration of his intentions to become a citizen of the United States, with the necessary affidavit thereto subjoined /vide files/ AYERS DIVORCE April Term 1812 [page] 299. 2014 Luzerne County Naturalizations and Divorces 173 Daniel Ayers Prff. p. prot. by vs } Libel for Divorcee a vinculo matrimonii Note... Esther Ayers Be it remembered that at a court of Common Pleas held at Wilkes Barre in and for the county of Luzerne on the 8th day of April Ao. Di. 1814 [ sic] Daniel Ayers Presented his Petition or Libel Setting forth that the Petitioner on the ___ day of December in the year of our Lord one thousand seven hundred and ninety five was lawfully joined in marriage with Esther Parish his present wife, and from that time has lived and cohabited with her as such and has in all respects behaved as a kind and affectionate husband — And although as well by the laws of God as the mutual vows plighted between them they were bound to that chastity which ought to be inseparable from the marriage state, Yet the said Ester [ sic] in violation of her marriage vow, hath for a long time estranged herself from her husband's bed and by indulging in lewd practices has become guilty of adultery. And praying that a subpoena may issue _ Whereupon, the said Daniel Aayers [ sic] having exhibited the affidavit required by law, It is ordered by the court that a subpoena issue to the said Ester [ sic] Commanding her to appear at the next August Term to answer the said Petition or libel _ And the same was accordingly issued. August Term 1812 Subpoena returned and service proved. And now, to wit, 1 November 1814 on motion of Mr. Evans court order an alias subpoena to issue, and the same was accordingly issued. 28th December 1814, Subpoena quashed, and alias Subpoena directed to be issued returnable to next term. And now in the term of April 1815 the Sheriff certifies & returns to our said Court that he had served the said Subpoena by publication for four Successive weeks in the Susquehanna Democrat a public paper printed in Luzerne county previous to the return day thereof cont. Augt cont. Nov. cont. and now in the Term of January 1816, to wit 4th January 1816 Court appoint Thomas Dyer esq. a commissioner to take depositions to be read & filed in this case — Same day commission & depositions returned & filed. Whereupon on the same 4th day of January 1816, upon consideration, It is sentenced & decreed by the said Court that the said Daniel Ayers be divorced & separated from the nuptial ties or bonds of Matrimony contracted with Esther Ayers his wife, according to act of assembly in such case made and provided HENRY L. C. VON STORCH PETITION FOR NATURALIZATION [page] 336 August Term 1812 Be it remembered that at a court of Common Pleas held at Wilkes Barre in and for the county of Luzerne on the thirteenth day of August Ao. Di. one thousand eight hundred and twelve before the Honourable Seth Chapman President and Matthias Hollenback and Jesse Fell Esquires, Judges of said court. The Petition of Henry Lodwich Christopher Von Stork was read, Representing that he now resides in the township of Providence in the County aforesaid. That he was born in the town of Lohm[en] Mechlenburgh Schwarrin 174 Pennsylvania Genealogical Magazine Vol. 49 in the Empire of Germany in the month of April A.D. 1771, from which place he sailed in the month of June A.D. 1794 and landed in the city of Philadelphia in the month of August following in the same year; since which time he has continued to reside within the United States, and since the year 1795, in the County of Luzerne aforesaid. That he is desirous of becoming a citizen of the United States, and praying that he may be admitted a citizen of the United States according to Act of Congress in such case made and provided. And the said H.L.C. Von Stork having in open court declared on oath that he will support the Constitution of the United States and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every other, prince potentate & sovereignty whatsoever and particular to his Majesty Francis Emperor of Austria to whom he has been a subject. And that he doth moreover renounce forever all titles of nobility. And on due proof being made on oath of Matthias Hollenback Esq. that he is acquainted with the said H.L.C. V. Stork and that to the personal knowledge of the said deponent he hath resided within the United States since about the year A.D. 1795, and both behaved himself as a man of good moral character attached to the principles of the Constitution of the United States and well disposed to the happiness and good order of the said States. The Said H.L.C. Von Stork is admitted as a citizen of the United States By the Court. ------------------------------------Henry von Storch was born on 16 May and baptized 18 May 1772 in Lohmen, Mecklenburg-Schwerin, the son of Christian Theodosius von Storch, the pastor of the parish church. 3 The names given to him at his baptism were Ludwig Hinrich Christoph. The von Storch family in Mecklenburg was ennobled by Imperial Diploma (Lehnsbrief) in 1733.4 Henry was an early settler in Providence Township of Luzerne County, which later became part of the city of Scranton in what is now Lackawanna County. He was one of the first in the region to experiment with the burning of coal and early realized its potential. He died on 10 April 1826 and is buried in Dunmore Cemetery. 5 Some of his descendents still live in northeastern Pennsylvania. (concluded) 3 Lohmen Evangelische Kirche (Lohmen, Mecklenburg-Schwerin, Germany), Taufen [Baptisms], 1740-1786, pp. 226-7, Ludwig Hinrich Christoph von Storch, 18 May 1772, digital image, Landesarchiv Greifswald microfilm 10.72-4. “Mecklenburg, Germany, Parish Register Transcripts, 1740-1918” [database on-line]. Image online at Ancestry.com. Accessed 26 December 2014. 4 Ernst Heinrich Kneschke, editor, Neues allgemeines Deutsches Adels-Lexicon im Verein mit mehresen Historikern. 9 vols. (Leipzig: Friedrich Voigt, 1859-70), 9:64. 5 Henry L.C. Von Storch gravestone, Dunmore Cemetery, Lackawanna County, Pennsylvania. Data online at FindaGrave.com. Memorial no. 101336699. Accessed 26 December 2014.