HISTORY OF WASHINGTON COUNTY.

CHAPTER I.

WASHINGTON COUNTY-ITS PRIMITIVE HISTORY UNDER VIRGINIA. Spottsylvania County; its boundaries-Orange County-Frederick County; its boundaries-Augusta County; its boundaries-District of West Augusta -Justices' Courts-Oath of allegiance-Oath of supremacy-The test oathOath of abjuration-Youghiogheny County; its boundaries, courts, and courthouses, and punishments-Pillory and stocks described-Whipping-post and ducking-stool-Ohio County; its boundaries and court-house-Monongalia County-Courts and roads-Orphan children-Taverns-Continental money-Ferries-Attorneys-at-law-Sheriffs and deputy sheriffs-Surveyors-Military officers-Grist-mills-Salt-Cotton, and wool cards-Counterfeit money-Allegiance-Naturalization-Passports-Benevolence of Youghiogheny County-Marriage extraordinary-Reflections.

To trace the history of Washington County from its primitive existence, the historian should give facts, but the inferences and reflections should be left to the reader. It will be our province, therefore, to examine into the history of the colony of Virginia from its first settlement on the 25th day of March, 1584, to the 23d day of August, 1785, at which date the commissioners of the States of Virginia and Pennsylvania entered into conciliatory measures whereby that portion of Western Pennsylvania claimed by Virginia became vested in our own State.

Our chartered rights, therefore, are deduced from charters granted by the reigning King of England, either to the colony of Virginia in 1584, or to the colony of Pennsylvania in 1681, as the records will demonstrate.

In 1584 Sir Walter Raleigh obtained letters patent for discovering unknown countries, by virtue of which he took possession of that part of America which he afterwards named VIRGINIA, in honor of Queen Elizabeth. He attempted its settlement, but failed. He took an active part in many enterprises in England; and, among the number, he endeavored to place Arabella Stewart on the throne, and for this conspiracy was tried and condemned, on November 17, 1603, to be hanged, drawn, and quartered. Notwithstanding his conviction and sentence, he was not executed, but was confined in

the Tower as a prisoner, where he remained many years, devoting his time to writing the History of the World. On the accession of James I. to the crown, Raleigh was released, and sent on a mining expedition to South America, with the necessary number of men and ships, of which Spain was informed; but the expedition failing, and one of the Spanish towns being destroyed by fire, the Spanish ambassador demanded satisfaction by the return and death of Raleigh. He was, therefore, immediately seized, and, without any new trial, was beheaded on his former conviction, on the 29th of October, 1618, to appease the anger of Spain.

In 1606 James I., by virtue of his prerogative as king, divided the colony of Virginia between two companies: the southern company was granted to Thomas Gates and others, and called the London Company; the northern company was called the Plymouth Company. This grant embraced all the lands in Virginia from Point Comfort, along the sea-coast, to the northward two hundred miles, and from the same point, along the sea-coast, to the southward two hundred miles, and all the space from this precinct on the sea-coast up into the land, west and northwest, from sea to sea, and the islands within one hundred miles of it. Subsequently, on the 12th day of March, 1612, by other letters patent, the king added all islands in any part of the ocean between the thirtieth and forty-first degrees of latitude. On the 24th of July, 1621, the colony of Virginia established a form of government, subject to the approval of the "General Quarter Court of the Company in England." To this was added the proviso that no order of the Council in England should bind the colony unless ratified in the General Assembly of Virginia. Thus early in our country's history was introduced those principles of republicanism, which eventually secured to us our present form of govern

ment.

The king and the Company, however, quarrelled, and he suspended their powers by the Proclamation of July 15, 1624. King James I. having died on 27th March, 1625, Charles I. took the government into his own hands. He made extensive grants of plantations in a high state of cultivation, and also woodlands, in the colony of Virginia, to his particular friends, Lord Baltimore and Lord Fairfax, to the former of whom he even granted the separate and sole right of jurisdiction and government. Charles I. having been deposed by Oliver Cromwell in 1650, and assuming the title of Protector, he considered himself as standing in the place of the deposed king, and as having succeeded to all the kingly powers, without as well as within the realm, and therefore assumed control over the American colonies. Virginia, however, had expressed herself as opposed to Cromwell and his parliament, and invited Charles II. (the son of the deceased king), who was then an exile in Breda, Flanders, to come into Virginia and become their king, but on the eve of embarking, in 1660, he was recalled to the throne of England, on the 29th of May, of the same year. After Charles II. had ascended

the throne, and desirous of giving a substantial proof of the profound respect he entertained for the loyalty of Virginia, he caused her coat-of-arms to be quartered with those of England, Ireland, and Scotland, as an independent member of the empire. Hence the origin of the term Old Dominion. It also derives this term from the fact that it was the first of the English settlements in the limits of the British colonies.

Having thus exhibited the chartered rights of the colony of Virginia for sixty-six years, let us retrace our steps to the year 1634, when the colony of Virginia was divided into eight shires or counties. Six of these were situate between the James and York rivers, viz.: Henrico, Charles City, James City, York City, Warwick, and Elizabeth City shires. The Isle of Wight Shire was between the James and Caroline rivers, while the Northampton or Accomac Shire was on the eastern shore. From these eight original shires or counties have been erected the one hundred and fifty-eight counties of the Old Dominion, fifty-six of which are situate west of the Blue Ridge Mountain, which is broken by the Potomac River at Harper's Ferry, and traverses the State in a line of about two hundred and sixty miles, separating it into the two great divisions of Eastern and Western Virginia.

SPOTTSYLVANIA COUNTY.

The territory of Washington County, Pennsylvania, was, according to the original chartered rights of Virginia, claimed as belonging to the county of Spottsylvania. This county was formed from parts of Essex, King William, and King and Queen counties, in 1720, during the reign of King George I. It was named in honor of Alexander Spottswood, who was then Governor, and also in commemoration of the fact that he made the first discovery of the passage over the Appalachian Mountains.

The preamble to the act erecting this portion of Western Virginia into a county reads thus: That the frontier toward the high mountains is exposed to danger from the Indians, and the late settlements of the French to the westward of the said mountains, therefore it is enacted, that SPOTTSYLVANIA bounds upon Snow Creek up to the mill; thence by a southwest line to the North Anna River, thence up said mountains, as far as convenient, and thence by a line to be run on the northwest side thereof, so as to include the northern passage through the said mountains, thence down the said river until it comes against the head of the Rappahannock River and down that river to the mouth of Snow Creek, which tract of land shall become the COUNTY OF SPOTTSYLVANIA, from May 1, 1721.

By the act of 1730, Williamsburg was declared to be the county town, and the same act, on account of the large area of territory to be travelled by the judicial officers, provided that the burgesses should be allowed for four days' journey, in passing and returning.

In 1712, Virginia was divided into forty-nine parishes, which act also determined the salary of each clergyman, but in 1730 St. George's parish was divided by a line running from the mouth of the Rappahannock to the Pamunkey River, the upper portion to be called St. Mark's, and the lower portion St. George's parish.

In 1734 the names of these parishes were changed, St. George's was called Spottsylvania and St. Mark's was named Orange, and all settlers beyond the Shenandoah River were exempted for three years from the payment of public and parish dues. It is apparent, therefore, that the first settlers endeavored to mould their religious government and make it conform as near as possible to the church of England.

ORANGE COUNTY.

In 1734, Spottsylvania County was divided, and from it ORANGE COUNTY was formed, which comprised the whole of the colony of Western Virginia.

FREDERICK AND AUGUSTA COUNTIES.

In 1738, the act of legislature erected two more counties out of the extensive county of Orange, by naming one Frederick, and the other Augusta. FREDERICK County was bounded by the Potomac on the north, the Blue Ridge on the east, and a line to be run from the head spring of Hedgeman to the head spring of the Potomac, on the south and west. AUGUSTA County was to embrace the remainder of Virginia west of the Blue Ridge.

AUGUSTA COUNTY.

In October, 1776, the legislature of Virginia passed an act to ascertain the boundary between the county of Augusta and the district of West Augusta, and to divide said district into three distinct counties.

DISTRICT OF WEST AUGUSTA.

The preamble to the act, which embraces much historical information, is in these words: Whereas, it is expedient to ascertain the boundary between the county of Augusta and the district of West Augusta-Be it therefore enacted by the General Assembly of the Commonwealth of Virginia, that the boundary between the said district and county shall be as follows: beginning on the Alleghany Mountains, between the heads of the Potomac, Cheat, and Green Briar Rivers (Haystack Knob, or north end of Pocahontas County), thence along the ridge of mountains which divides the waters of Cheat River from those of Green Briar, and that branch of the Monongahela River called Tyger's Valley River, to the Monongahela River; thence up the said river, and the west fork thereof, to Bing

erman's Creek, on the northwest side of the said west fork; thence up the said creek to the head thereof; thence in a direct course to the head of Middle Island Creek, a branch of the Ohio, and thence to the Ohio, including all the waters of said creek in the aforesaid DISTRICT OF WEST AUGUSTA, all that territory lying to the northward of the aforesaid boundary, and to the westward of the States of Pennsylvania and Maryland, shall be deemed, and is hereby declared to be, within the DISTRICT OF WEST AUGUSTA.

At a court of the District of West Augusta, held at Fort Duquesne (Pittsburg), September 18th, 1776, the court decided that on the passage of the ordinance, they became a separate and distinct jurisdiction, from that of East Augusta, and as such, West Augusta assumed and exercised independent jurisdiction over its entire territory.

After the thirteen colonies had declared themselves free and independent, the General Assembly of Virginia passed an act on the 20th of August, 1876, enabling the present magistrates to continue the administration of justice until the same can be more amply provided for.

JUSTICES' COURTS.

Justices' courts were organized by John Eare, of Dunmore, his majesty's Lieutenant and Governor-in-Chief of Virginia, as early as December, 1774. He also issued, the same year, a commission adjourning the county court of Augusta, from Staunton to Fort Dunmore. This fort was originally called Fort Pitt, but in 1773 the British government abandoned it, and Dr. John Connelly took possession of it in the name of Virginia, and named it Fort Dunmore. It is evident, therefore, that as late as three years before the Declaration of Independence, Pittsburg and the surrounding country was claimed as belonging to the district of West Augusta. This interresting question will be fully discussed in the Appendix, Chapter II., wherein we shall treat of and examine the celebrated Mason and Dixon's line.

George Croghan, Edward Ward, John Stephenson, Isaac Cox, George M'Cormick, Joseph Beckett, John Campbell, Dorsey Pentecost, John Connelly, John Gibson, George Vallandigham, Thomas Smallman, William Crawford, and William Goe took the usual oaths to his majesty's person and government, subscribed the abjuration and test oaths, as also the usual one of justices of the peace, justices of the county court in chancery, and justices of the oyer and terminer. As these oaths are peculiar in their character I shall add them.

Oath of Allegiance.-I, A. B., do sincerely promise and swear that I will be faithful, and bear true allegiance to his majesty King George the Third. So help me God.