USA > Ohio > History of the Upper Ohio Valley, with family history and biographical sketches, a statement of its resources, industrial growth and commercial advantages, Vol. I > Part 21
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The woods to a great extent had been depleted of game by the Indians who had slaughtered or driven away the larger portion of it within any reasonable distance of the settlements. But in the midst of the great scarcity prevailing shone out that conspicuous trait of character attaching to the people who readily shared what they had with those who were the less fortunate. Such of them as were the fortunate possessors of a cow, shared the milk with their neighbors, notably in such cases where they had young children. There was also a scarcity of sugar and molasses, not because there was not an abundance of the maple tree around them, but simply because they were deficient in not having vessels appropriate in which to boil the sap. If it had not been that the river and creeks afforded a reasona -
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HISTORY OF THE UPPER OHIO VALLEY.
ble supply of fish very poor families must have suffered from starva- tion. The green tops of the nettles and the tender blades of herbs as soon as they appeared were gathered, of which they made a pala- table dish of soup which many persons indulged in to satisfy the cravings of their appetites. Potato tops were also utilized in the same way. A great scarcity of salt likewise prevailed, and sold in small quantities at 50 cents a quart. By one means and another they struggled through this dire period until early vegetables began to appear, and finally the ripened corn mixed with a small quantity of wheat furnished them with luxury of bread. The crop of the year was excellent and abundant and banished all fears of a want of food. This year marked an episode in the lives of the settlers, and was known long afterward, and always referred to as the "starvation year."
CHAPTER IX.
OHIO COUNTY - CIVIL HISTORY - PAST EVENTS AND INCIDENTS SHOULD BE PRESERVED - ATTENTION DIRECTED TOWARD THE WEST -THE QUAR- REL BETWEEN THE MOTHER COUNTRY AND THE COLONIES ASSUMES VAST PROPORTIONS - VIRGINIA CONVENTION OF 1775 -THE LIMITS OF THE DISTRICT OF WEST AUGUSTA - THE BOUNDARIES OF OHIO COUNTY DEFINED -ITS ORIGINAL AREA - LANDHOLDERS OF THE COUNTY MEET AND SELECT A PLACE FOR HOLDING COURT - ORGANIZATION OF THE COUNTY - STEPS TAKEN FOR THE ERECTION OF A COURT. HOUSE - COL. DAVID SHEPHERD ARRAIGNED BY THE COURT FOR CONTEMPT - THE FIRST ATTORNEYS - NUMBER OF TITHABLES - FIRST PURCHASE OF PUBLIC GROUND-FIRST WILL RECORDED -SECOND DEED - RETRAC- TION OF A LIBEL -SPINNING WHEELS EXCHANGED FOR LAND - SET- TLEMENT OF BOUNDARY BETWEEN OHIO AND YOUGHIOGHENY COUNTIES -BILL OF SLAVES - FIRST MARRIAGE LICENSE - PARTIES FINED FOR SELLING LIQUOR WITHOUT LICENSE-COMMON SWEARERS FINED - IM- PRISONMENT INFLICTED FOR SPEAKING DISRESPECTFULLY OF THE COURT - RATES FOR ORDINARY KEEPERS FIXED -LEVIES - PROPOSALS FOR A NEW COURT HOUSE-REMOVAL OF THE COUNTY SEAT.
HETHER within or beyond the limits of our own lives, the past is always a subject of interest. The circumstan- ces connected with the founding of a community, whether small or great, are always a matter of concern, not alone to those who are directly interested, but in a greater or less degree to the mass of mankind in general, because the events and incidents connected with such an undertaking always include within themselves the elements which to some extent appeal to the curious and inquisitive qualities of human nature.
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But a stronger and more controlling feeling with us of the present day, should be an intense and earnest desire to rescue from oblivion the rapidly fading incidents and fast fleeting memories of a period in our history which was marked with deeds of prowess, and character- ized by traits of self-denial and acts of sacrifice, not less worthy of renown and preservation than many of those which occupy such prominent conspicuity in the annals of Greece and Rome in the days of their classic antiquity. The foundations of our western empire were laid amid scenes of strife and warfare and cemented with a bap- tism of blood, and especialy was this the case with reference to that portion of it lying within that region known as the upper Ohio vallley.
As indicated in a former part of this history, after the chastisement in- flicted upon the Indians by Col. Bouquet, in the year 1765, and by means of which a temporary peace was secured, the people east of the moun- tains began to turn their attention to the country bordering on the Monongahela and Ohio rivers, particularly the former. The fertility of the soil, the variety of the timber, and the great abundance of game, gave to it a desirable charm in the eyes of the adventurous and the back-woodsman, which induced them to push westward and take possession of a land so rich in all the essentials of promise and the elements of untold and undeveloped possibilities.
The differences between the mother country and the colonies had, in the year 1775, culminated in some portions of the country to open acts of defiance, and were daily assuming a more threatening aspect.
Indeed, in this year, the quarrel had become so pronounced, that all hopes of a satisfactory adjustment of them had been abandoned. The house of Burgesses of Virginia had been dissolved, andthe royal governor (Dunmore), with his wife and children, had left the capital, these latter taking refuge on a British vessel lying in the harbor, on which they shipped for England, while he himself sought refuge on a British man of war, then lying in the waters of Virginia, and from which quarter he issued his inocuous edicts and proclamations.
In the meantime a convention of authorized delegates from differ- ent portions of Virginia were summoned to meet in Richmond on the 20th day of March, 1775, which. having assembled, enacted such leg- islation and exercised such executive control over public affairs as the public safety demanded and the exigencies of the hour required.
One of the first things in the early session of this body which re- ceived its attention was a letter received from a number of the inhabi- tants of the district of West Augusta, requesting the admission of John Neville and John Harvie, Esqs., as delegates from that district, to represent the interest of its inhabitants in the convention. This request was promptly acceded to, and thereupon they were admitted and took their seats as members and participated in the proceedings of the body.
The boundaries of West Augusta as defined by an act of the gen- eral assembly passed in the year 1776, were as follows: "Beginning on the Allegheny mountains between the heads of Potowmack, Cheat
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HISTORY OF THE UPPER OHIO VALLEY.
and Greenbrier rivers; thence along the ridge of mountains which divides the waters of Cheat river from those of Greenbrier, and that branch of the Monongahela river called Tygart's Valley river to the Monongahela river; thence up the said river and the west fork thereof to Bingamon's creek, on the northwest 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 the aforesaid 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 Pennsyl- vania and Maryland, shall be deemed and is hereby declared to be within the district of West Augusta."
Within the above mentioned limits was embraced not only the en- tire territory of the present panhandle, but also Greene and Wash- ington counties in the state of Pennsylvania, and portions of Alle- gheny and Beaver counties in the same state. By a section of the same act three counties, to wit: Ohio, Monongahela and Yohogania, were carved out of this district.
The boundaries of Ohio county were defined as follows: " Begin- ning at the mouth of Cross creek; thence up the same, to the head thereof; thence southeastwardly to the nearest part of the ridge, which divides the waters of the Ohio from those of the Monongahela; thence along said ridge to the line which divides the county of Au- gusta from the said district; thence with the said boundary to the Ohio; thence up the same to the beginning."
The counties named were the first which were organized in the Ohio valley. The original area of Ohio county was 1,432 square miles. But owing to the formation of new counties out of its original terri- tory its area has been decreased and it now contains only about 113 square miles. By the same act provision was made for the meeting of the land holders of the new county for the purpose of selecting the most convenient place for holding courts.
In compliance with the provisions of the aforesaid act of assembly, and of certain instructions addressed to him, John McColloch, Esq., summoned the landholders within the county to convene at the house of Ezekiel Dewitt, Esq., situated on Buffalo creek on the 27th day of December in the year 1776, for the purpose of electing and constitut- ing a committee in said county, and also to make choice of a place where county courts were to be held in future in said county. The said meeting met at the time and place mentioned, and by a vote of the majority of those present they decided in favor of "Black's Cabin," situated on the waters of Short creek. This cabin was lo- cated in the vicinity of a spring, known at that day and later as Well's spring, and which has been walled up and protected by its present proprietor- Mr. Foreman, a resident of West Liberty, in said county.
The place thus selected was at the time in the midst of a wildernest with but here and there an inhabitant. We are wholly ignorant of
.
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OHIO COUNTY, WEST VIRGINIA.
the motives which prompted them in making the selection they did, but doubtless they were satisfactory to those immediately interested.
At this place, therefore, on the 16th day of January, 1777, was or- ganized the first court in Ohio county. Some historians have insisted that this was the first court organized west of the Alleghanies. But this is a mistake. When Maj. John Connelly, with the approval of Gov. Dunmore in the year 1774, occupied and repaired Fort Pitt and changed its name to Fort Dunmore, a court was established by him which had a brief existence, which ceased to exist, however, when the Pennsylvanians retook possession of the fort and restored to it the name of Fort Pitt. This last-named court, therefore, had precedence of the Ohio county court in point of time. We are also inclined to think that there was another court in existence in the western part of Pennsylvania some years prior to the establishment of the court in Ohio county, but our data for this assertion is imperfect, but we think it quite probable that such was the case.
At the session of the court held at Black's cabin at the date men- tioned hereinbefore the oaths of office were administered to David Shepherd, Silas Hedges, William Scott and James Caldwell by James McMechen, Esq., who had been duly appointed and instructed for that purpose under and by virtue of a writ of dedimus potestatem, which was directed by the governor to William Scott, James McMechen and David Rogers, authorizing either of them to act in the premises. After his qualification David Shepherd proceeded to administer the same oath to the following named persons, to-wit: Zachariah Sprigg, Thomas Waller and Daniel McClain, as justices, who after being duly qualified took their seats upon the bench. They then proceeded to the appointment of a high sheriff of the county, the lot falling upon John McColloch, Esq., who tendered John Mit- chell and Samuel McColloch, a brother of John, as his sureties in his official bond for the faithful discharge of his duties as sheriff, who were accepted as good and sufficient, whereupon his bond was duly executed in open court. At the same time he was required to enter into an additional bond in the penalty of {1,000 conditioned for his faithfully collecting and duly accounting for all officers' fees, moneys, etc., which might come into his hands. The sureties upon this last mentioned bond were the same as on the former, with the addition of James McMechen. Thereupon the oath of office was administered to him in open court, and he was installed in his new position, that of the first sheriff of Ohio county. The court then proceeded to the choice of a clerk, and James McMechen being approved of that office he took the necessary oaths and was inducted into office.
With a view of regulating and disciplining the militia of the county, the court resolved, "that David Shepherd be recommended to his honor, the governor, as county lieutenant, Silas Hedges, Esq., as col- onel, Mr. David McClure, as lieutenant colonel, and Mr. Samuel McColloch as major of militia." On the following day the court recommended the appointment of nine captains, nine ensigns and nine lieutenants, together with several constables. On the same day
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HISTORY OF THE UPPER OHIO VALLEY.
the court made the following entry: "Ordered, that Capt. Samuel Meason, Lieut. Ebenezer Zane, James McConnell and Conrad Wheat, being first duly sworn, do view the best and most direct way for the laying out of a road from Fort Henry to the first fork of Wheeling, and due return make to the next county court."
At the following March term, steps were taken for the erection of a court house, as appears from the following extract from the rec- ord: "The court taking into consideration the expediency of hav- ing a court house erected, it is ordered that a house for that purpose be erected of the following dimensions and conveniences, to wit: A diamond-cornered house of dimensions 22X18 feet in the clear, one story and one-half high, a floor above and below of hard or sawn plank, ten joists in the upper floor, nine or ten feet high in the lower story; court's bench and clerk's table; two windows of eight lights each Sx10 inches, a pair of stairs and cabin roof; a plain door and hinges of iron; likewise plain window shutters with iron hinges also. A jail 20x16 feet on the outside; the logs of the wall to be round and close laid, the loft, floors, and partition to be of logs squared to eight inches thickness; two rounds of logs above the loft, cabin roofed, doors and windows agreeable; a stone chimney with iron grates; the doors done with nails; locks sufficient; the loft and floor to have each a large beam supporting them in the middle, and for the purpose of having the aforementioned buildings completed as soon as possible agreeable to the aforesaid dimensions, it is ordered that John McCol- loch, high sheriff, be ordered to put the same up at public auction to the lowest undertaker." It will be observed from this description that our forefathers did not indulge to any great extent in architectural taste or display.
The persons heretofore named, and the officers before mentioned as having been recommended to the governor for appointment to dif- ferent positions, having been approved by the governor, and the same having been certified to the court, were duly commissioned, and ap- peared at the June term, 1777, and qualified by taking the respective oaths of office.
Owing to the unsettled condition of the borders, occasioned by the depredations of the savages and the cruel and relentless warfare which they waged against the whites, the conduct of local affairs, nec- essarily to a great extent was neglected to the supervision and con- trol of the military officials of the county; hence, the supremacy of civil power and authority was for a time compelled to yield to that of the military. The sessions of the court, therefore, because of the ex- istence of these troubles, were suspended for the period between the month of June, 1777, until the 6th day of April, 1778, on which latter date the court re-assembled and resumed its judicial functions.
The members of the court jealous of their authority and dignity, and smarting under the feeling that their rights had been infringed upon, and that the court had been treated with contempt in not hav- ing been consulted by the military authorities who had instituted martial law throughout the county, determined to vindicate the out-
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OHIO COUNTY, WEST VIRGINIA.
raged majesty of the law, as they regarded it, and therefore, on the second day of its session, cited Col. Shephard, the county commandant, to appear at its bar and purge himself of contempt, the specific charge against him being, that during the interval between the above named periods, he had established martial law in the county, without having first advised with the court as to the reasons and necessity for adopt- ing such a measure. The colonel, in justification of his conduct, pleaded that exigencies had arisen which required promptness in meeting them, and that any delay would have proved disastrous to the county, that the dangers to the public safety were imminent and had to be met on the spur of the moment, and that no disrespect on his part was intended to the court, and that he humbly apologized if the court was of the opinion that he had failed in extending to them that courtesy which was due to them as the representatives of civil law and the conservators of the public peace. The extenuation offered by Shepherd in his behalf, and the firm yet submissive bearing of the officer, disarmed their criticism of his conduct.
After due deliberation among themselves, being satisfied of the justice of the plea offered, and feeling assured by his conduct and explanation, that he did not intend wantonly to encroach upon the prerogatives of the court, the charge against him was dismissed and he was permitted to depart without so much as a reprimand.
The first attorneys admitted to practice in the county were Philip Pendleton and George Brent, who were admitted on the 2d day of November, 1778, and on the same day Mr. Pendleton was appointed commonwealth's attorney.
At this court the number of tithables in the county was returned at 352. This was probably the entire number of persons in Ohio county, over sixteen years of age. The poll tax was fixed at 20 shillings and the sheriff was instructed to collect double that sum from all tithables " who refused to take the oath of allegiance to the com- monwealth."
Extracts from Early Records -First Purchase of Public Grounds - Court House at West Liberty. - " Know all men by these presents that I, Abraham Vanmeter, of Bartlay County & Colony of Virginia, do Bargain and sell for the Consideration of Twenty pounds paid when Levy'd of the County Current money to the Court of Ohio County & Successors a Lot of Land, Containing of Two acres which I claim Lying on the Head of the Northerly Fork of short Creek Known by Block's Cabin Boun'd as follows, Beginning at a white oak standing near the head of a spring and Running thence N: 56 W: 20 pole to a stake thence south 34 W: 16 pole to a stake thence S: 56: E: 20: p to a stake N: 34: E 16: p to the Beginning, Containing Two acres Land for the use publick of the s'd County. I do hereby Bind myself my Heirs & assigns and for ever Quit my Claim for the above two acres as witness my hand & seal this sixth day of March one thousand seven hundred and seventy seven.
"Interlined Bebore sign'd
" Abraham Vanmeter, [Seal].
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HISTORY OF THE UPPER OHIO VALLEY.
"Witness: Andrew Fouts, Acknowledged in open court Ordered
Conrod Stroup, to be Recorded: Test,
John Spalen. James McMechen, C: C:"
The First Will .- " Virginia, Ohio County May 18, 1777.
" This, my last Will and Testament. I doth give and bequeath unto George McCollock, Jr., two ceartain servays of land, lying and being on the waters of Bufillow Creek, with all the improvements and con- veniences belonging to the said Surveys of land. I also give and bequeath a certain Bay mare unto Rebeckah McCollock. I give and bequeath a certain Roan filly Colt unto Jane McCollock. I further give and bequeath a certain Bay horse Colt unto Silas McCollock, and my Cow and Calf with my hogs I do give to George McCol- lock, Sr., and desire the said McCollock may sell the aforementioned Cattle and hogs to pay all my just and Lawfull Debts, and I leave the said George McCollock, Sr., Executor, In Witness hereto I have set my hand the day and year above written.
"N. B :- And I leave the said George McCollock, Executor these words is Interlined above.
"Signed in presence of Charles Wells, Jos. Wells, Thomas Y Newbury. [Seal.] his Ed. Perine. mark.
" Proven in open Court by Joseph Wells and Edward Perine two of the subscribing Evidences to the said Will and ordered to be Recorded, test
" James McMechen, C. C."
Second Deed on Record .- " Know all men by these presents that I, William Hawkins, of the one part, and John Willson of the other part, witnesseth that the said Hawkins, for and in Consideration of one hundred pounds, currt. money of Penlyl .; to him in hand paid the Receipt of which he doth hereby acknowledge, hath granted Bar- gained and sold and firmly by these presents doth grant Bargain and sell unto the said Jno. Wilson all that tract or parcel of Land lying on the waters of short Creek, Beginning at a Bounded tree Between the said Hawkins and Daniel Harris and extending up the River Ohio to Glen's Line and with the said line to short Creek and with said Creek to Harris's Run and up said run until it strikes Harris's Line and with said line until said Beginning Tree all which land with the improvements thereunto Belonging I' do hereby Warrant and Defend from all person or persons, to he held by him the said Wilson or his assigns in peacible possession the Lord of the soil only excepted as witness my hand this day of February 1773 the word (river) inter- lined before signed. William Hawkins.
" Witness present " John Wills. "David McLure.
" Rec'd this 28th day of January 1777 the above Mentioned sum of one hundred pounds with interest in full of the above Mentioned Land as witness my hand. William Hawkins.
"Test James McMechen.
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OHIO COUNTY, WEST VIRGINIA.
The above was acknowledged in open court and ordered to be put upon Record.
"Test James McMechen, C. C."
Retraction of Libel .- " This is to Certify that I the subscriber did sometime ago advertise John Hauly to have taken a black mare away from me Clandistinly; I do now with sorrow and Reluctance own now the said advertisement to be false and groundless. Given under my hand this 3d day of April, 1778.
" Witness present, Jno Williamson, " James Clements,
" William Carson,
" John Boggs,
" James Caldwell,
" JACOB GRO. The above was proven in open Court by John Williamson and James Caldwell, Esqrs. Two of the witnesses being evidences. Test.
JAMES McMECHEN, C. C."
Spinning Wheels Exchanged for Land .- " Know all men by these presents that I Isaac Taylor for and in consideration of the sum of one hundred good and Merchantal Lining Spinning wheels to me in hand paid by George Coridders the said Receipt I do acknowledge myself satisfied. Therewith doth grant bargain and sell unto the said Coriddors the place where I now live on with all improvements thereon and doth warrant and defend the same with two hundred acres thereunto belonging unto the said George Coridders his heirs and assigns from all persons the Lord of the Soil only Excepted in witness whereof I have hereunto set my hand and Seal this 19th day of June, 1778. Tests.
" James Gillespie,
" Thomas Clark,
Isaac Taylor, [Seal.]
" James Gillespey.
"The above was acknowledged in open Court and ordered to be re- corded. Test."
"Settlement of Boundry between Ohio and Youghiogheny Counties.
"We the Commissioners of Yohogany and Ohio Counties Respect- ively appointed as pr order of the Respective Courts may most indis- putably appear to ascertain the Boundry Line between the aforesaid Counties, agreeable to the act General assembly in that case made and provided in Compliance with which we proceed to the business and do find as follows viz: Beginning at the mouth of Cross Creek thence by the several Meanders thereof until the Confluance of the two Branches known by the name of Shearers and McGoogine Branches thence up the aforesaid McGoogine branch until the head thereof about half a mile South of Wm. Prices new dwelling house, thence South 33: E to the nearest part of the Ridge that divides the waters of Monongahely from those of Ohio to a Blas'd and Corner mark'd stake, in testimony of which we have hereunto affixed our hands this 22d day of August 1778. " Isaac Leet, Jr.,
" William Scott,
" James McMechen,
"Richard Yeates."
12-A.
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IIISTORY OF THE UPPER OHIO VALLEY.
Bill of Slaves .- " 1789, Ohio county, State of Virginia.
James Wells bought of John Wells, October 20th: To I negro boy named Dick, £90; I negro girl named Poll, {60; 3 feather beds with their furniture, {10; I wagon and geere, {10.
Received October the twentieth, 1789, of James Wells the sum of one hundred and seventy pounds, it being full satisfaction for the above amount and pay received by
" JOHN WELLS, Witness. " RICHARD WELLS.
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