History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men, Part 45

Author: Crumrine, Boyd, 1838-1916; Ellis, Franklin, 1828-1885; Hungerford, Austin N
Publication date: 1882
Publisher: Philadelphia : H.L. Everts & Co.
Number of Pages: 1216


USA > Pennsylvania > Washington County > History of Washington County, Pennsylvania : with biographical sketches of many of its pioneers and prominent men > Part 45


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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" PHILADELPHIA, July 25, 1775." 1


There were no armed men maintained by the Penn- sylvania authorities on their side, nor, so far as known, were there any Virginians held in confinement after Connolly had been liberated ; whereas the Virginians had a regularly organized militia, and at the date of this communication held George Wilson, Joseph Spear, and Devereux Smith in confinement at Fort Fincastle, "exposed to every species of insult and abuse," unless they were released when Connolly was discharged.2 Hence the expression as to "either province" and "either side" were doubtless used to avoid making disagreeable distinctions.3


CHAPTER XIII.


THE CIVIL AND LEGAL HISTORY .- ( Continued.) V.


The Boundary Controversy continued-Proceedings of the Virginia Legislature-Division of the District of West Augusta into Three Counties : Ohio, Yohogania, and Monongalia-Council of War at Catfish Camp-Petition for a new State-Oath of Allegiance to Virginia -Virginia Land Laws-The Baltimore Agreement as to the Boundary Line-Virginia Surveys-Pennsylvania Indignant-Final Ratification of Boundary Agreement.


Virginia Legislative Proceedings .- Hencefor- ward, though deeds of violence between the con- tending parties were neither so frequent nor of so grave a character, yet there was no disposition on the


part of Virginia, now about to become an independ- ent sovereignty, to surrender her foothold in the val- leys of the Monongahela and Ohio. Lord Dunmore's power having ceased, her "Convention of Delegates for the Counties and Corporations in Vir- ginia" was held at Richmond, July 17, 1775. 1775. On the 7th of August that convention re- solved " that Capt. John Neville be directed to march with his command of one hundred men and take pos- session of Fort Pitt, and that said company be in the pay of the colony from the time of their marching."+


Chapter I. of the General Ordinances passed by this convention was for raising a force for the defense of the colony. Two complete regiments of ten hundred and twenty men each were to be raised. Exclusive of these regiments there were to be two companies, of which that of Capt. Neville was to be one, and another of one hundred and twenty five men to be raised in West Augusta. By the same ordinance the colony was divided into sixteen districts, "and the inhabitants of West Augusta are to compose one entire District."5


Chapter IV.6 regulated the election of delegates and committee-men in the several counties, and its Section 10 provided that the freeholders of every county and corporation within this colony, "and the landholders in the district of West Augusta, as here- after described, shall have the liberty and privilege of electing annually twenty-one of the most discreet, fit, and able men, being freeholders, to act as a com- mittee for carrying into execution the association and such other measures as the Continental Congress or General Convention of the colony may direct."


The next Virginia Convention, that for December, 1775, was held first at Richmond, and afterwards by adjournment to Williamsburg, heretofore the State capital.7 And at Williamsburg (the royal govern- ment having ceased to have sway there) was held the convention of May, 1776, at which the Declaration of Rights8 and the new Constitution was adopted.9


Chapter V. of the ordinances of the convention of May, 1776, was " An ordinance10 to enable the present magistrates and officers to continue the admin- istration of justice, and for settling the general 1776. mode of proceedings in criminal and other cases till the same can be more amply provided for." Section 4 provided :


1 This paper is copied from Jacobs' "Life of Michael Cresap," 62, the only place where it is known to be printed. The author says, " Aa I con- sider this proclamation an important document, and nowhere recorded,


I give it to the reader verbatim in toto."


2 See St. Clair to Joseph Shippen, Jr., I. St. Clair Papers, 358.


3 I. Olden Time, 445.


+ This Capt. Neville, prior to 1774, had made large entries and pur- chases under Virginia rights of lands on Chartiers Creek, and was about to remove thither from near Winchester, Va., when the Revolution broke ont. He was the Gen. Neville whose residence was burned in the Whiskey Insurrection. This residence was on the right bank of Chartiers Creek, near Woodville, and opposite the present Allegheny County Poor-farm. Capt. Neville is said to have taken no part in the jurisdictional con- test, his presence at Pittsburgh with his command having reference to the protection of the frontiers from the Indians and their preservation from British approach. (I. Olden Time, 445.)


5 9 Hening's Statutes, 13, 14. In this ordinance we have the first recognition in the Virginia laws of the district of West Augusta, the jurisdiction of the Fort Dunmore court, as will appear. It is seen that West Augusta 88 a civil division was never created by law, but simply recognized by this and later ordinances.


G 9 Hening, 53. 7 Ibid., 75. 8 Ibid., 109, 9 Ibid., 112. 10 Ibid., 126.


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183


CIVIL AND LEGAL-DIVISION OF THE DISTRICT OF WEST AUGUSTA.


"And whereas courts in the District of West Augusta have hitherto been held by writs of adjournment, which write cannot now be obtained, Be it therefore ordained, That the Justices residing in the said District, on taking the same oath aforesaid, shall have the power and authority to hold a court within the said District, on the third Tuesday of every month, at such place as they may appoint, and shall exercise their office both in court and without, in the same manner as the justices of the several counties are by this ordinance empowered to do."


The reader of the extracts from the records of the Westmoreland County courts will remember that after the April term of 1776 the courts of that county held no sessions until in January, 1778. But the Virginia courts, at Pittsburgh (the name of Fort Dunmore having been abandoned), continued regularly, and, as will hereafter be seen from the records themselves, - when the ordinance quoted reached the valley of Monongahela, the justices determined that by its pro- visions their jurisdiction became independent of that of old Augusta County, and they were entitled to a clerk and other officers of their own appointment,1 and enabled to remove the seat of justice from Pitts- burgh to Augusta Town, just over the ridge west from the present Washington.


The Continental Congress at an early period per- ceived the importance of securing the friendship of the Indians, at least so far as to prevent their acting in concert with their enemies,2 and on July 4, 1776, appointed commissioners to hold treaties with them. The commissioners for the Middle Department were Jasper Yeates and John Montgomery from Pennsyl- vania, and Dr. Thomas Walker and John Harvie from Virginia. These gentlemen met at Fort Pitt soon after their appointment, but were not able to assemble the tribes until in October. While at this place the commissioners doubtless observed the evils arising out of the disputed jurisdiction, probably they had some instructions in the premises, for there is extant a paper in the handwriting of Jasper Yeates, evidently prepared by these commissioners, which is of such interest as to warrant its publication : 3


" A proposal for accommodating the Disputes between the Counties of West Augusta and Westmoreland until the boundary between them can be settled.


" Ist. That the Laws as far as respects the Jurisdiction of the County of West Augusta be exercised on the South side of Youghyogany River and said River be considered as the Boundary between the two Counties in respect to the Jurisdiction of their respective Courts only.


"2d. That the People claiming under the County of Westmoreland may continue to be represented at their Capital as usual and have liberty to choose their Representatives and all other Officers of Govern- ment; only their Sheriffs, Magistrates, and Constables shall not act in Office on the South side of said River ; Provided always, that nothing herein contained shall tend to invalidate any Judgment in the Courts held heretofore for Westmoreland, but when a boundary is run they may execute such Judgments on their side of the said Boundary anything herein to the contrary notwithstanding.


"3d. That the Inhabitants on the South side of the Youghyogany and East of the Monongahela River as far as the great line shall not pay


Taxes to either Government until said Boundary is settled, and all per- 8018 associated in the Militin are to serve under the Government they associated under. If these Proposals shall meet the Approbation of the Public the People for West Augusta shall meet at Mr. Martin Kemp's on the 2d Tuesday in November next, and those claiming nuder Westmore- land at Mr. Edward Cook's, the same Day, to choose six men to be their Trustees to Negotiate and confirm the above Proposals.


" BY FRIENDS TO BOTH GOVERNMENTS.


"October 18th, 1776."4


The suggestions contained in these proposals for the temporary adjustment of the disputed judicial jurisdiction seem to have attracted no attention even. Historical writers heretofore have made no reference to this document, and give no account of any meet- ings held at the place designated. At least the writer has not been able to find such references.


Division of the District of West Augusta .- The district of West Augusta, with its county-seat at Au- gusta Town, was not, however, of long duration now, for the Virginia General Assembly of October, 1776, at Williamsburg, Patrick Henry, Governor, made several enactments affecting that jurisdiction. Chap- ter XLV.5 was :


" An act for ascertaining the boundary between the county of Augusta and the District of West Augusta, and for dividing the said District into three distinct counties." 6


4 The Jasper Yeates who was the writer of this paper (for there had been one or more of that name before him) was a citizen of Lancaster. He was justice of the Supreme Court of Pennsylvania from 1779 till his death in March, 1817. While at Pittsburgh, in 1776, he paid a visit to the scene of Braddock's defeat in company with his fellow-commis- sioner, Dr. Walker, and wrote a letter (published in VI. Hazard's Reg- ister, 104; also in II. Pa. Archives, Sec. S., 740) describing the appear- ance of that battle-field. Dr. Walker had participated in the scenes upon that field on July 9, 1755, twenty-one years before.


"He pointed nut the ford where the army crossed the Monongahela (be- low Turtle Creek 800 yards) ; a finer sight could not have been beheld; the shining barrels of the muskets, the excellent order of the men, the cleanliness of their appearance, the joy depicted on every face at being Bo near Fort Du Quesne, the highest object of their wishes the music re-echoing throughout the mountains. How brilliant the morning ! how melancholy the evening !"


5 9 Hening, 262.


6 The writer has a paper without date, in the handwriting of Col. George Morgan, evidently prepared before the passage of the act in the text. Col. Morgan (afterwards of Morganza) was, by appointment of Congress, Indian agent for the Middle Department, with headquarters at Pittsburglı, from April, 1776, for several years. He was not an adherent of the Virginia power, and therefore could not have been the author of the paper, which is as follows:


" Proposed Division of West Augusta into Three Counties,-Ohio, Youghio- gane and Monongahela.


" Ohio County-


" To begin where the Division Line between Maryland aud Pennsyl- vania, continued in the same Course Westward, strikes the Mononga- hela; Thence the same Course continued to the River Ohio; Thence up the River Ohio & along the several windings thereof to the Monon- gahela River, and up the said Monongahela River to the Place of Begin- ning.


" Remarks: This would make a County of a good Figure, nearly square, about fifty Miles long & thirty broad; the whole bounded by Natural Lines except about thirty miles; The Centre of this Tract of Country would be near the Heads of Chartiers Creek, A rich Country thick settled & well watered with fine Springs.


" Monongahela County-


" To begin at the lower side of the Mouth of the litle Kanawha; Thence South-East to the Laurel Hill to where it is crossed by the Bound-


1 Quite a squabble ensued in an effort to oust John Madison, the old clerk, to make a place for Dorsey Pentecost.


2 Pioneer History, by S. P. Hildreth, 97; Craig's History of Pittsburgh, 140.


8 This paper has never before been printed ; thanks are due to Hon. G. L. Cranmer, of Wheeling, for the copy here used.


184


HISTORY OF WASHINGTON COUNTY, PENNSYLVANIA.


"Whereas it is expedient to ascertain the boundary between the county of Augusta and the District of West Augusta. Be it enacted, &c., That the boundary between the said District and county shall be as follows, to wit: Beginning on the Allegheny mountain between the heads of the Potowmack, Cheat, and Green Briar Rivers; thence along the ridge of mountains which divides the Waters of Cheat river from those of Green Briar, and that branch of the Monongahela called Ty- gers Valley river to the Monongahela river ; thence up the said river and the west fork thereof, to Bingemans 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 the 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.1


" And to render the benefits of government and administration of justice more easy and convenient to the people of said District, Be it enacted, &c., That from and after the 8th day of November next ensuing all that part of the said District lying within the following lines, to wit: Beginning 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 the 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, shall be one distinct county, and be called and known by the name of Ohio County.


ary Line between Maryland & Pennsylvania extended to the Westward; Thence Westward the same Course as the said Line continued to the River Ohio; Thence down the River Ohio to the place of beginning.


"Remarks : This is nearly a square Figure & contains all the"Settle- ments on the Monongahela above Youghiogane County. It is about fifty Miles Long and near forty broad. The Centre of the Settled part of this Country is at or near the Mouth of the West Fork of Monongahela, a rich, well settled country ; and as the Indiana Claim is contained within these Lines, no other County would be involved in a Dispute with the Proprietors.


" Youghiogane County-


"To begin where Ohio County does-viz .: where the division Line be- tween Maryland & Pennsylvania continued in the same Course West- ward strikes the Monongahela; Thence down the River Monongahela to the Alleghany River & up the said Alleghany River to the Western Boundary Line of the State of Pennsylvania; thence along the said Western Boundary Line of the State of Pennsylvania to the Southern Boundary Line of the State of Pennsylvania; Thence Eastward along the said Southern Boundary Line of the State of Pennsylvania to the Meridian of the Western Boundary Line of Maryland; thence south to the North West Corner or Boundary of Maryland; Thence West to the Place of Beginning ; And whereas it is uncertain where the Western & Southern Boundary Lines of Pennsylvania will fall or be fixed when the Line of Property shall be run ; Suppose until then the said Boundary should be pointed out as follows :- To begin at the Mouth of Plum Run & up the same to the head thereof; Thence to the Bullock Penns in Tenure of a certain William Elliott; Thence along the great Road to the Widow Mires; thence along the New Virginia Road & Braddock's old Road (as proposed by the Honble. Convention of Virginia to the Convention of Penna. as a temporary Boundary between the two States,) to the Boundary of Maryland.


" Remarks : This is a very compact figure nearly of the same size as the other two Counties. The Centre of it would be some where about the Mouth of Jacobs Creek, in a very fertile and populous Country. By this division there is no Inhabitants of the three Counties would have to cross any difficult Waters when obliged to attend at Courts or other public Meetings.


"Additional Remarks: The Inhabitants settled between the Laurel Hill and the Alleghany Mountains along Cheat River, Tyger Valley & Green Briar are sufficient for a Fourth County or they might remain in Augusta or be included in Monongahela County, by extending the first Line to the Alleghany Hill. Memm. Every foot of Youghiogane County as above proposed is claimed by Penna. and as the Mononga- hela is the Extent of their present Claim, the Proceedings in the Courts of the undisputed parts of Virginia would not, should this division be adopted, be interrupted or Party Quarrels arise in them."


1 This section, it will be observed, simply provided for a dividing line on the southeast and south for the district of West Augusta.


" And all that part of the said district lying to the northward of the following lines, viz .: beginning at the mouth of Cross Creek, and run- ning up its several courses to the head thereof, thence southeastwardly to the nearest part of the aforesaid dividing ridge between the waters of the Monongahela and Ohio, thence along the said ridge to the head of Ten Mile Creek, thence east to the road leading from Catfish Camp to Redstone Old Fort, thence along the said road to the Monongahela River to the said Fort, thence along Dunlap's old road to Braddock's road and with the same to the meridian of the head fountain of the Po- towmac, shall be one other distinct county, and be called and known by the name of Yohogania County.2


" And all that part of the said District lying on the northward of the county of Augusta, to the westward of the meridian of the head foun- tain of the Potowmack, to the southward of the county of Yohogania, and to the eastward of the county of Ohio shall be one other distinct county and shall be called and known by the name of the county of Monongalia.


" And for the administration of justice in the said counties of Ohio, Yohogania, and Monongalia, after the same shall take place, Be it enacted, &c., That after the said 8th day of November, courts shall be constantly held every month by the justices of the respective counties, upon the days hereafter specified for each county respectively, that is to say: For the county of Ohio, on the first Monday, for the county of Monongalia on the second Monday and for the county of Yohogania on the fourth Monday in every month, in such manner as by the laws of this commonwealth is provided for other counties, and as shall be by their commission directed."


These acts of the Virginia General Assembly are copied verbatim from the original volumes of Hening, and to illustrate to the eye those parts of Pennsyl- vania embraced in the original district of West Au- gusta, as well as within the limits of the counties of Ohio, Yohogania, and Monongalia, a map has for the first time been constructed and expressly for this work.


A subsequent section of the chapter from which the foregoing extracts are made provided that Yohogania County should have jurisdiction to hear and deter- mine all actions and suits, both in law and equity, which should be "depending" before the court of West Augusta at the time the said jurisdiction should take place. And it was further provided :3


" And be it further enacted, etc., That it shall and may be lawful for the landholders of the said counties respectively, qualified as aforesaid," to vote for representatives in General Assembly, and they are hereby re- quired to meet at the times and places hereafter mentioned, that is to say : The landholders of the county of Yohogania to meet at the house of An- drew Heath, on the Monongahela, in the said county, on the eighth day of December next; the landholders of the county of Monongalia to meet at the house of Jonathan Corbin (Coburn), in the said county, on the said eighth day of December next, and the landholders of the county of Ohio to meet at the house of Ezekiel Dewit, in the said county, on the said eighth day of December next, then and there to choose the place of hold- ing courts for their respective counties."


Whether the election required to be held at the house of Andrew Heath to choose a place for holding their courts of Yohogania was held at the time and


2 Here again is had only the southern line of Yohogania County, di- viding it from Ohio and Monongalia, permitting Virginia to exercise her jurisdiction as far to the east and north as she could get.


39 Hening, 264, 265.


4 The qualifications were, by a preceding section, the possession for the year preceding of 25 acres of land with a house and a plantation, or of 100 acres without a house and plantation, claiming an estate for life in one's own right, or in right of his wife, although a patent had not been obtained ; in all future elections of senators the three counties were to form one district.


185


. CIVIL AND LEGAL-PETITION FOR A NEW STATE.


place appointed is not known, but the records of that court show (although there is some obscurity) that when duly organized it held its sessions at the plan- tation of Andrew Heath, on the left bank of the Mo- nongabela, in what is now Allegheny County, but near the Washington County line. There its busi- ness continued to be done until Aug. 28, 1780, after, indeed, the boundary line was established, though before it had been finally run and marked. Jona- than Coburn lived about ten miles southeast of New Geneva, in what is now Fayette County,1 and the place chosen for the holding of the courts of Monon- galia County was the plantation of Theophilus Phil- lips, about two miles above New Geneva, on the Mo- nongahela River, and here its courts were held until the establishment of the boundary line, when, to get them out of Pennsylvania, they were removed to the plantation of Zachwell Morgan, afterwards Morgan- town. The early records of this court were lost in the burning of the clerk's office in 1796. The place fixed for holding the courts of Ohio County was Black's cabin, on Short Creek, now West Liberty, and the first court held there for that county was on Jan. 6, 1777. There these courts continued to be held until 1797, when they were removed to Wheeling.2


Council of War at Catfish Camp .- The military as well as the civil power of Virginia was also ac- tively exercised west of the Alleghanies. On the 13th of December, 1776, Patrick Henry addressed a letter to Dorsey Pentecost, then county lieutenant (the officer having charge and direction of the militia) for Yoho- gania County, apprising him of the certainty of In- dian hostilities in the next spring, and advising every possible preparation to be made in anticipation thereof.


In pursuance of the recommendations of this letter, a "council of war" was held at Catfish Camp, now Washington, on the 28th and 29th of Janu- 1777. ary, 1777. This meeting was attended by the several county lieutenants and field-officers of the three counties, and by thirty-two captains of mi- litia. It would be interesting to know at what spot the council was held.3


1 The Monongahela of Old, 93.


2 There has long been a tradition that an old Virginia court-house stood just west of Washington, one account placing it at Razortown (Jacobs' Life and Times of Patrick Gass, 229), which was a collection of houses on the farm now of Hon. John Hall, a short distance north- west; another placing it upon the farm of William Gabby, about one mile immediately west of that borough; and our older historians (Dr. Smith's Old Redstone, 32, 113, and 129, and Dr. Creigh's History of Washington County, 137) would place the court-house of Ohio County, Va., at one or the other of these places. The writer, aided by the statements of old citizens, after a close study of the records of Augusta County and of the Yohogania County courts, has come to the conclu- Bion that there was a log court-house and jail sixteen by twenty-four feet on Mr. Gabby's farm, and that it was the court-house of Augusta County, Va., just before Yohogania County was organized, at which , place business was done for two or three monthly terms in the fall of 1776. (See note to the Centennial Celebration of Washington County, 39, and the records of the Augusta County Court hereafter.)




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