USA > Virginia > Orange County > Orange County > A History of Orange County, Virginia > Part 2
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24
HISTORY OF ORANGE COUNTY
A Court for the County was directed to be con- stantly held by the justices thereof on the third Tuesday in every month.
For the encouragement of the inhabitants al- ready settled and which shall speedily settle on the westward of the Sherrendo River, it was further enacted that they should be free and exempt from the payment of public, county and parish levies for three years next following, and that all who might settle there in the next three years should be so exempt for the remainder of that time.
The terms of the statute need explanation in this, "southerly by the line of Hanover." Louisa was then part of Hanover. "The grant of the Lord Fairfax" on the north. As then understood, Lord Fairfax's southern limit was the Rappahannock River, as it is known to-day. There was much and long continued conten- tion and litigation about this line, however, between Fairfax and the colonial authorities, but it was finally settled that the Fairfax grant embraced all the land lying between the Potomac and Rappahannock rivers up to the head springs of each river, and that the head spring of the Rappahannock was the source of what is now known as Conway or Middle River, which source is near the corner of Greene and Madison counties, near the crest of the Blue Ridge. As this contention was not settled till long afterwards, the northerly boundary of Orange continued to be the present Rappahannock River until Culpeper was cut off in 1748, and it remains the boundary of Culpeper to this day.
25
THE GENESIS OF ORANGE
A map showing a "survey according to order in the years 1736 and 1737 of the Northern Neck of Virginia, being the lands belonging to Lord Fairfax," is pub- lished in the report of the commissioners appointed to settle the boundaries between Maryland and Virginia in 1873. On it South River is called "Thornton," the Rapidan above the mouth of South River, is called "Staunton's River," and below the mouth is put down as "Rappahannock River, South Branch, called Rapi- dan," and the Rappahannock above the mouth of the Rapidan is called "Cannon", and, higher up, "Hedge- man's River."
CHAPTER III.
Organization of the County.
It must be borne in mind that "Old Style " was yet in effect in the Mother Country and her colonies when Orange was established : that is, that the New Year was reckoned from March 25, and not from January 1; and that the New Style did not become effective until 1752. Thus, though the first court was held in January 1734, there were yet two months to elapse before the year 1735 began : that is, that January, February, and March came after December of the same year. This will make plain the otherwise apparently curious date of the appointment of Col. Henry Willis, the first county clerk.
The first minute on the records of the County is in these words :
Orange County .- Be it remembered that on the twenty-first day of January, in the year 1734, a Commission of the Peace directed to Augustine Smith, Goodrich Lightfoot, John Taliaferro, Thomas Chew, Robert Slaughter, Abraham Field, Robert Green, James Barber, John Finlason, Richard Mauldin, Samuel Ball, Francis Slaughter, Zachary Taylor, John Lightfoot, James Pollard, Robert Eastham, Benjamin Cave, Charles Curtis, Joist Hite, Morgan Morgan, Benjamin Borden, John Smith and George Hobson, and a dedimus for administering the oaths etc., to the said Justices being read, the said John Finlason and Samuel Ball pursuant to the said dedimus administered the oaths appointed by Act of Parlia- ment to be taken instead of the oaths of Allegiance and Supremacy the oath appointed to be taken by an act of Parliament made in
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2 7
ORGANIZATION OF THE COUNTY
the first year of the Reign of his late Majesty King George the First, entituled an Act for the further Security of his Majesties Person and Government and the Sucession of the Crown in the heirs of the late Princess Sophia, being Protestants and for extin- guishing the hopes of the pretended Prince of Wales and his open and secret Abettors, unto Augustine Smith and John Taliaferro who severally subscribed the Test and then the said John Finlason and Samuel Ball administered the oaths of a Justice of the Peace and of a Justice of the County Court in Chancery unto the said Augustine Smith and John Taliaferro. And afterwards the said Augustine Smith and John Taliaferro pursuant to the said dedimus adminis- tered all and every of the said oaths unto Thomas Chew, Robert Slaughter, Abraham Field, Robert Green, James Barber, John Finlason, Samuel Ball, Francis Slaughter, John Lightfoot, James Pollard and Benjamin Cave who severally subscribed the Test.
At a Court held for the County of Orange on the twenty-first day of January, 1734, Present Augustine Smith, John Taliaferro, and the Justices to whom they had just administered the oaths:
A Commission to Henry Willis, Gent., under the hand and Seal of office of the Honorable John Carter, Esq., Secretary of Virginia, bearing date the thirtieth day of October, 1734, to be clerk of the Court of this County being produced in Court and read, the said Willis having taken the oaths, etc., and subscribed the Test, was sworn Clerk of this County.
This Henry Willis was the same gentleman men- tioned by Colonel Byrd as the "top man of Fredericks- burg." Note the date of his commission. October was then really the eighth month and January was the eleventh month of the calendar year. He was the ancestor of Col. George Willis of Woodpark; of Mr. Henry Willis and of Mrs. Ambrose Madison, of Wood- bury Forest. Why a person not a citizen of the County should have been made clerk does not appear, but he continued to be such until his death, in the summer of 1740. Jonathan Gibson, Gent., was appointed and qualified as clerk at the September term of that year.
28
HISTORY OF ORANGE COUNTY
Mr. William Robertson's house, on Black Walnut Run, was designated as the place where court should be held, by the Governor's order, till the court could agree upon a place and have the Governor's approbation.
Benjamin Cave qualified as sheriff, with Thomas Chew and James Barbour as his sureties, and William Henderson as under-sheriff.
James Wood, Gent., produced a commission from the president and masters of William and Mary College, dated November, 1734, to be surveyor for the county. Zachary Lewis and Robert Turner were sworn as attorneys to practise in the County. The court unani- mously recommended John Mercer to the Governor for appointment to prosecute the King's causes in their court. James Coward and John Snow were named as overseers of the highway.
A number of the justices were desired to view the Rapidan above and below Germanna for a convenient place to keep a ferry, and to wait on Colonel Spotswood to know on what terms he would let such a place. Later he agreed that he would let his land for a ferry there for 630 pounds of tobacco, with sufficient land for two hands to work, but debarred the keeping of tippling houses and hogs running at large, and public notice was ordered of the letting of the ferry and plantation at a subsequent term, and that advertise- ments be set up at the churches.
The minutes were signed by Augustine Smith and attested by Henry Willis "Cl. Cur., " a Latin abbrevia- tion for clericus curiae, clerk of the court, which attes- tation was continued throughout his and his successor's
29
ORGANIZATION OF THE COUNTY
terms, and then abandoned. Similarly, they always endorsed indictments found, Vera Billa, a true bill.
At the next term many constables and surveyors of the highway were appointed, among the latter Chris- topher Zimmerman, "from the German Road to Potatoe Run ;" John Howard, "from the Chapple Road to the Rapidan Cave's Ford;" John Garth, "from the fork of Elk Run to Staunton's River," as the north branch of the Rapidan was then called; Alexander Waugh, "from Germanna Road to Pine Stake ;" Benja- min Porter, "from Todd's Branch to mouth of Robin- son ;" Edward Haley, "from Taliaferro Road to the Tombstone;" William Smith, "from the Tombstone to the Chapple;" and John Snow "from Todd's Path to Chew's Mill." It would be interesting to designate many of these localities to-day, especially the Tomb- stone, but the names have nearly all passed out of the public memory.
Three justices, who afterwards became famous in Frederick and Augusta, qualified at this term: Joist Hite, Morgan Morgan, and Benjamin Borden; and John Barnett, from whom no doubt comes our Barnett's Ford of to-day, was appointed surveyor of the high- way from the Mountain Road along Mr. James Taylor's "rowling" road and thence to the Rapidan. A rowling road was one over which tobacco hogsheads were rolled to market.
At June term, John Mercer, Gent., produced in court a commission from Hon. William Gooch, his Majesty's lieutenant-governor, which was approved by the Court, and the said Mercer admitted accordingly.
30
HISTORY OF ORANGE COUNTY
The first jury ever impanelled in the County was at the August term following, to try an action for assault and battery between James Porteus and Jonathan Fennell, alias Fenney, as follows: Benjamin Porter, foreman; Francis Browning, Francis Williams, James Stodgill, Leonard Phillips, William Richeson, George Head, John Conner, John Bomer, William Bohannon, William Crosthwait, Isaac Bletsoe. The verdict was for fifteen shillings damages. The first grand jury appeared in November, Robert Cave, foreman; Abra- ham Bletsoe, Francis Browning, William Bryant, Wil- liam Pannill, Edward Franklin, Philip Bush, Anthony Head, William Kelly, Henry Downs, John Bransford, David Phillips, John Howard, George Anderson, Mark Finks, William Carpenter and George Woods.
The following minutes seem worthy of notice : in 1738, a petition for division of the county by inhabitants of Sherrando. This was effective the same year, when Augusta and Frederick counties were formed, embracing all of Virginia lying beyond the Blue Ridge. But Augusta, though formed in 1738, did not really organize as a separate county until about 1745.
Petition of John Lewis and others, of Beverley Manor, for a road to the top of the Blue Ridge, and of Joist Hite, who lived in Frederick County, for a road through Ashby's "bent" (gap).
Ordered, that the County Standard be removed from the house of Colonel Lightfoot, deceased, to that of Major Robert Slaughter.
In 1739 the road was laid off from Beverley Manor, beginning at the North mountains, in Augusta, and
31
ORGANIZATION OF THE COUNTY
ending at the top of the Blue Ridge, "to the bounds of Goochland County," now Albemarle, probably Rock- fish Gap, where the Chesapeake and Ohio Railway now crosses.
In 1741 a road was ordered to be opened from Evan Watkins's ferry by a course of marked trees to the head of Falling Spring and over the Tuscarora branch, thence to Opequon Creek, thence to Spout Run, by the King's road leading by Joist Hite's to a fall in the same near the Sherrando ford, and that all tithables from the Potomac between Opequon and the mountain this side the little Cape Capon, and many others, proceed to work the same.
Two more roads, to show the dimensions of the County : May, 1745, James Patton and John Buchanon, Gent., having viewed the way from Frederick County line through that part of this County called Augusta, made their report: "Pursuant, etc., we have viewed, laid off and marked the said road as followeth : to begin at Thom's Brook at Frederick County line, thence to Benjamin Allen's ford and Robert Calwell's path, thence across Beard's ford on North River and Alexander Thompson's ford on Middle River, thence to the Tinkling Spring, to Beverley Manor line, to Gilbert Campbell's ford on north branch of James River, thence to Cherry Tree bottom on James River, thence to Adam Harmon's on the New or Wood's River."
In August of the same year: "Ordered, that George Robinson and Simon Akers view the way from the forks of Roan Oak (Roanoke) to the gapp over the mountains to meet the line of Brunswick County, and from the Catawba Creek into the said way."
32
HISTORY OF ORANGE COUNTY
In 1748 Culpeper, including all of Orange lying between the whole length of the Rapidan and the Rap- pahannock rivers, was cut off, and our former “princi- pality" is reduced to the dimensions of Orange and Greene of to-day.
And to dispose of Greene once for all, it may be said here that there was angry contention about this dis- memberment, with numerous petitions and counter petitions and protests, but the separatists finally pre- vailed in 1838.
The old County, though shorn of her territory, has never been shorn of her good name; and her illustrious offspring who have made her famous and historic, were born and reared in the limits of the Orange of to-day!
CHAPTER IV.
The Courthouses.
Mr. William Robertson's house, on Black Walnut Run, was designated as the place where court should be held, by the Governor's order, till the Court could agree upon a place, and have the Governor's approbation, and there the first term was held on the 21st of January, 1734, (Old Style.)
At the same term the sheriff, Thomas Chew, was ordered to build a prison at his plantation, "a logg house, seven and a half feet pitch, sixteen long and ten wide, of loggs six by eight at least, close laid at top and bottom, with a sufficient plank door, strong hinges and a good lock, and that two hundred pounds of tobacco and cask be paid him for building the said house."
A debate was had as to the most convenient place to build a courthouse. The Court divided, one party for the centre of the County and the other for the Raccoon Ford, then some distance higher up the river than now, eight for the former and six for the latter. The ques- tion was whether the mouth of the Robertson or Rac- coon Ford was nearer the centre, Justices Smith, Talia- ferro, Chew, Barbour and Taylor favoring a point just below the mouth of the Robertson on the south side of the Rapidan. Mr. Lightfoot agreed that this was nearest the centre, but insisted on the north side of the
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34
HISTORY OF ORANGE COUNTY
Rapidan. Robert Slaughter was in favor of the centre, when the same should be ascertained. Messrs. Field, Green, Finlason, Ball, Pollard, and Francis Slaughter declined to answer the last question, as to the centre, but insisted on Raccoon Ford, or thereabouts, and the north side of the river. All which the Court ordered should be particularly represented to the Governor.
At the March term ensuing there was an order from the Governor that some of the justices attend the general court and have a hearing about placing the courthouse, and they agree to go at their own charges.
At this term also the following letter from Colonel Spotswood was ordered to be recorded :
Whereas I have been desired to declare upon what terms I will admit the Courthouse of Orange County to be built upon my land in case the Commissioners for placing the same should judge the most convenient situation thereof to be within the bounds of my Patent. And forasmuch as I am not only willing to satisfy such commissioners that no obstruction in that point will arise on my part, but am also disposed to make those terms as easie to the County, as can well be expected; I do therefore hereby declare that I consent to the building of a courthouse, prison, pillory and stocks on any part of my lands not already leased or appropriated; and that I will convey in the form and manner which the Justices of the County can in reason require such a quantity of land as may be suffi- cient for setting the said buildings on, with a convenient courtyard thereto, for the yearly acknowledgment of one pound of tobacco. And moreover, that I will allow to be taken gratis off my land all the timber or stone which shall be wanted for erecting and repair- ing the said buildings.
Given under my hand at Germanna the 6th day of January 1734-5 A. SPOTSWOOD.
The date of this letter would indicate that negotia- tions had been begun with Colonel Spotswood before
35
THE COURTHOUSES
the formal organization of the County. The records disclose no appointment by the court of commissioners . to confer with him.
At the June term, 1735, Charles Carter and William Beverley reported as to the agreement they had been ordered to make with Colonel Spotswood for land to set the courthouse on, but nothing appears to have come of it, for in Ocober, 1736, a proposal being made where to build it, the Court, after debate, agreed that it be built at the place appointed by the commissioners "near the Governor's Ford on the south side of the Rapidan." At the same term application was made to the Governor for orders to alter the place of holding court from Black Walnut to Mr. Bramham's house in December next, "it being near where the courthouse is, with all expedition, going to be built," and notice was given that workmen meet at the November term to under- take the building.
At November, after debate where to build, the Court agreed with John Bramham that he lease twenty acres of land to build it on for 120 pounds of tobacco per annum, and that the plot should" include the con- venientest spring to Cedar Island ford."
Thomas Chew and William Russell were appointed to lay off the land and designate the location of the Courthouse.
The next term was accordingly held at Bramham's house, and it was at this location of the courthouse that Peter was decapitated and his head stuck on a pole, and that Eve was burned at the stake, as appears from the orders published in the text.
36
HISTORY OF ORANGE COUNTY
In July, 1738, notice was given that at the next term the Court would agree with workmen to finish the courthouse, and at the February term following Peter Russell was employed to keep the building clean, and "provide candles and small beer for the Justices;" so it appears that it had taken nearly two years to com- plete it after work was actually begun. And it seems certain that the first real courthouse owned by the County was located near the present Somerville's Ford, and on land now belonging to the Hume family. Henry Willis was paid 13,100 pounds of tobacco for building the prison, and 3,350 pounds for finishing the courthouse. He took out license to keep an ordinary there November, 1739.
January, 1742-3. Ordered, that the sheriff cause the lock provided for the justices' room to be put to the door; that he provide glass for the windows of the said room, and cause the windows to be glassed; and that he cause the tops of the chimneys to be pulled down and amended to prevent it from smoking.
June 1749. "The Court judging the present situa- tion inconvenient to the inhabitants are of the opinion that the court ought to be held near the dividing line of the lands of Erasmus Taylor and Timothy Crosthwait," appointed Benjamin Cave, Geo. Taylor, Taverner Beale, Wm. Taliaferro, John Willis, Francis Moore and Henry Downs, or any five of them, to meet and agree on the most convenient place for a courthouse, with power to agree on the manner thereof, and with work- men to erect a prison, pillory, and stocks.
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THE COURTHOUSES
No doubt the occasion of this removal was the fact that Culpeper, then embracing Madison and Rappa- hannock, had been cut off from Orange the year before, leaving the courthouse absurdly near the very edge of the County.
A proclamation under the hand of Hon. Thomas Lee, president of His Majesty's Council and Commander-in- Chief of the Colony and Dominion of Virginia, dated the 4th inst., adjourning the Court from the courthouse to the house of Timothy Crosthwait was read, and adjournment was immediately had to the said house "till to-morrow morning at 8 o'clock, " and on the 24th day of November, 1749, Court began its sessions at our present County seat. And it was ordered, that Thomas Chew, Geo. Taylor, and Joseph Thomas provide deeds for two acres of land from Timothy Crosthwait to build a courthouse on, and that they lay off the " prison bounds."
1751, August. Ordered, that workmen be engaged to build an addition to the courthouse for the justices' room, sixteen feet by twelve. September: Crosthwait agreed to make a deed for the two acres whereon the courthouse and prison are now built, for five shillings.
May 30, 1752. Note that now the year begins on January Ist, and not March 25th as heretofore. Court agreed with Charles Curtis, builder of the courthouse, to receive the same and to allow him £72 as a full reward for the same, he having already received £32, equal in all to about $350. The first term of the court in this building was held July 6th, 1752, and this was the building next preceding the "old courthouse"
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HISTORY OF ORANGE COUNTY
standing to-day, and remodeled into the storerooms occupied as drug and hardware stores, facing the rail- road.
1754. An addition ordered to the courthouse twenty feet long, same pitch and width as the building, "to have a brick chimney, " and be according to dimensions to be indicated by Thos. Chew, Wm. Taliaferro, and James Madison.
1764. Prison repaired ; iron grating, and iron spancel and chain ordered.
1768. Pillory and stocks ordered, and extensive repairs to the courthouse.
1787. Court received prison on the undertaker's double ceiling the walls with one and a half inch oak plank inside, to be nailed on with a proportion of 20-penny nails.
1799. Ordered that the sheriff make known by advertisement and proclamation that proposals will be received by the Court for building a new courthouse where the present one stands.
1801. Robt. Taylor, Francis Cowherd, Robt. T. Moore, and John Taylor appointed commissioners to let building of an office 16 wide, 20 long, and 10 pitch, of brick.
1802. The three last named, with Dabney Minor and William Quarles, appointed commissioners to have laid off by Pierce Sandford two acres of ground at this place on which to erect the public buildings, and that Robt. Taylor be appointed to let the building of the office formerly ordered, 24 feet long, 16 wide, and 10 feet pitch. This was probably the old clerk's office in rear of the Bank of Orange.
39
THE COURTHOUSES
1802, April. Ordered, that the building of the court- house and office be let at the same time, and either publicly or privately.
1804, March. Commissioners appointed to view courthouse and office, and receive or condemn same, or make any compromise as to deductions which the undertakers may be willing to agree to. At the April term this item appears in the County levy : "To balance for building new courthouse and office, including addi- tional work and painting, $2,340.47." This is the building now standing and facing the railroad, as above referred to.
July. Commissioners appointed to sell the old court- house and office and apply proceeds to enclosing the public lot with post and rail fence in a strong and neat manner, and to building pillory, stocks, and whip- ping post.
1836. Jail ordered built, and probably completed within the year. This jail stood nearly in front of the old courthouse as it now is, and just across the railroad from it.
In 1852 the Legislature authorized the County Court to sell all or a part of the then public lot, and apply the proceeds of sale to the purchase of another lot, on which to erect a new courthouse and any build- ing proper to be attached thereto.
The site on which the present courthouse stands, known as the "Old Tavern lot"was obtained by exchange, and the edifice constructed thereon after the plans of a paid architect, is not a very good one. Theclerk's office
40
HISTORY OF ORANGE COUNTY
remained for many years on the old lot, the Board of Supervisors neglecting all appeals for a fireproof building.
Finally, on the motion of the writer, a rule was issued against them by the Court to shew cause for not complying with the statute requiring a fireproof build- ing for the public records, and they proceeded at once to build the little structure now known as the clerk's office, which if fireproof is also convenience proof, and a reproach to the County. It was completed in 1894. The present jail was built, nearly on the site of the first Baptist church in the town, in 1891.
In January, 1832, a petition numerously signed was presented to the Legislature asking for authority to organize a lottery to raise $5,000, "to pave roads in Courthouse Village." Among the signers were Rey- nolds Chapman, James B. Moore, Joseph Hiden, Lewis B. Williams, Thos. A. Robinson, Mann A. Page, John Woolfolk, Philip S. Fry, Wm. B. Taylor, Geo. P. Brent, Richard M. Chapman, Peyton Grymes, John H. Lee, and many others. The Act authorizing the lottery was duly passed, and Messrs. Woolfolk, Williams, Richard Chapman, Hiden, and James G. Blakey named therein as commissioners to conduct the same. Nothing appears to have come of it, and the streets were first paved, or macadamized, by the Army of Northern Virginia in the winter of 1863-64, as a military necessity.
The village was first incorporated in 1834, as the Town of Orange, with James Shepherd, Richard Raw- lings, Richard M. Chapman, Garland Ballard, Albert Nichols, Samuel Dinkle and Mann A. Page as trustees.
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