USA > Virginia > A history of the valley of Virginia, 1st ed > Part 19
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when we all know, she was jealous enough of the ex- tended territory of Virginia. T'he claim must have had its origin before the compact between the two states, of March 1785, (See 1 Rev. Code, ch. 18.) We then held by the same boundary by which we now hold; we held to what are called and now call the Potomac ; she then held to what we call the Potomac. Is it pos- sible to doubt that this is the Potomac recognized by the compact ? That compact is now 47 years old.
I have diligently inquired whether, as the Potomac above the confluence of the Shenandoah was called the C'ohongoroota, the stream now called the South branch of the Potomac ever had any peculiar name, indepen- dently of its relation to the Potornac-I mean of course any peculiar name, known to and established among the English settlers-for it is well known it bore the In- dian name of Wappacomo. I never could learn that it was known by any other name, but that which it vet bears. the South branch of the Potomac. Now that very name of itself sufficiently evinces, that it was re- garded as a tributary stream of another river, and that river the Potomac; and that the river of which the South branch was the tributary, was regarded as the main stream.
But let us for a moment concede that the decision of the king in council was not absolutely conclusive of the present question ; let us concede that the long acquies- cence of Maryland in that adjustment has not preclu- ded a further discussion of its merits ; let us even sup- pose the compact of 1785 thrown out of view, with all the subsequent recognitions of the present boundary by the legislative acts of that state, and the question between the two streams now for the first time present- ed as an original question of preference :- what are the facts upon which Maryland would rely to show that any other stream, than the one now bearing the name. is entitled to be regarded as the main branch of the Po- tomac ! It were idle to say, that the South branch is the Potomac because the South branch is a longer or
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even larger stream than the North branch which Virgi- ginia claims to hold by. According to that sort of rea- soning, the Missouri, above its confluence with the Mis- sissippi, is the Mississippi, being beyond comparison the longer and larger stream. The claim of the South branch, then, would rest solely upon its greater length. In opposition to this, it might be said that the Colon- goroota is more frequently navigable-that it has a lar- ger volume of water-that the valley of the South branch is, in the grand scale of conformation, secon- dary to that of the Potomac-that the South brunch has not the general direction of that river, which it joins nearly at right angles-that the valley of the Potomac is wider than that of the South branch, as is also the river broader than the other. And lastly, that the course of the river and the direction of the val- ley are the same above and below the junction of the South branch. (See letters accompanying this re- port, No. 26.) 'These considerations have been deem- ed sufficient to establish the title of "the father of wa- ters," to the name which he has so long borne. (See History and Geography of Western States, vol. 2, Missouri.) And as they exist in an equal extent, so should they equally confirm the pre-eminence which the Cohongoroota has now for near a century so proud- ly and peacefully enjoyed.
The claim of Maryland to the territory in question, is by no nicans so reasonable as the claim of the great Frederick of Prussia to Silesia, which that. prince as- serted and maintained, but which he tells us himself he never would have thought of asserting, if his father had not left him an overflowing treasury and a power- fil army.
With this brief historical retrospect, presented as ex- planatory of the accompanying testimony, I will now lay before your excellency, in chronological order, a list of the documents and papers referred to in iny prece- ding observations.
No. 1. Is the original grant from king James II. to
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Thomas lord Culpeper, made on the 27th September, in the fourth year of his reign.
No. 2. Copy of a letter from major Gooch, lieutenant governor of Virginia, to the lords commissioners for trade and plantations, dated at Williamsburg, June 29, 1729.
No. 3. Petition to the king in council, in relation to the Northern Neck grants and their boundaries, agreed to by the house of burgesses, June 30th, 1730.
No. 4. The petition of Thomas lord Fairfax, to his majesty in council, preferred in 1733, setting forth his grants from the crown, and that there had been divers disputes between the governor and council in Virginia and the petitioner, and his agent Robert Carter, Esy. touching the boundaries of the petitioner's said tract of land, and praying that his majesty would be pleased to order a commission to issue for running out, marking and ascertaining the bounds of the petitioner's said tract of land.
No. 5. A copy of an order of his majesty in his privy council, bearing date 29th of November 1733, directing William Gooch, Esq. lieutenant-governor of Virginia, to appoint three or more commissioners, (not exceeding five) who in conjunction with a like numberto be nanird and deputed by the said lord Fairfax, are to survey and settle the marks and boundaries of the said district of land, agrecably to the terms of the patent under which the lord Fairfax claims.
No. 6. Copy of the commission from lieutenant-go- vernor Gooch to William Byrd of Westover, John. Ro- binson of Piscataway, and John Grymes of Brandon, appointing them commissioners on behalf of his ma- jesty, with full power, authority, &c. &c.
[I have not been able to meet with a copy of the com- mission of lord Fairfax to his commissioners-they were William Beverly, William Fairfax and Charles Carter. It appears by the accompanying report of their proceedings, that "his lordship's commissioners delivered to the king's commissioners an attested copy
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of their commission," which having been found upon examination more restricted in its authority than that of the commissioners of the crown, gave rise to some little difficulty which was subsequently adjusted. ]
No. 7. Copy of the instructions on behalf of the right honorable lord Fairfax, to his commissioners.
No. S. Minutes of the proceedings of the commis- sioners appointed on the part of his majesty and the right honorable 'Thomas lord Fairfax. from their first meeting at Fredericksburg, September 25th. 1736.
No. 9. Original correspondence between the commis- sioners during the years 1736 and 1737, in reference to the examination and survey of the Potomac river.
No. 10. The original field notes of the survey of the Potomac river. from the mouth of the Shenandoah to the head spring of said Potomac river, by Mr. Benjamin Winslow.
No. 11. The original plat of the survey of the Poto- mac river.
No. 12. Original letter from John Savage, one of the surveyors, dated January 17, 1737, stating the grounds upon which the commissioners had decided in favor of the Cohongoroota over the Wappacomo, as the main branch of the Potomac. The former, he says, is both wider and deeper than the latter.
No. 13. Letter from Charles Carter, Esq. dated Jan- uary 20, 1737. exhibiting the result of a comparative examination of the North and South branches of the Potomac. The North branch at its mouth; he says, is twenty-three poles wide, the South branch sixteen, &c.
No. 14. A printed map of the Northern Neck of Vir- guia, situate betwist the rivers Potomac and Rappahan- nock, drawn in the year 1737. by William Mayo, one of the king's surveyors. according to his actual survey in the preceding year.
No. 15. A printed map of the courses of the rivers Rappahannock and Potomse, in Virginia, as surveyed according to order in 1736 and 1737, (supposed to be by lord Fairfax's surveyors.)
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.- No. 16 .- A copy of a separate report of the commis- - sioners appointed on behalf of the crown. [I have met with no copy of the separate report of lord Fairfax's commissioners.| -
No. 17. Copy of lord Fairfax's observations upon and exceptions to the report of the commissioners of the crown.
No. 18. Copy of the report and opinion of the right honorable the lords of the committee of council for plan- tation affairs, dated 6th April, 1745.
- No. 19. The decision of his majesty in council, made on the 11th April, 1745, confirming the report of the council for plantation affairs, and further ordering the lieutenant-governor of Virginia to nominate three or more persons (not exceeding five), who, in conjunction with a like number to be named and deputed by lord Fairfax, are to run and mark out the boundary and di- viding line, according to his decision thus made.
No. 20. The original commission from Thomas lord Fairfax to the honorable Win. Fairfax, Charles C'arter and Wni. Beverly, Esqrs., dated 11th June, 17 15.
[Col. Joshua Fry, Col. Lunsford Lomax, and Maj. Peter Hedgeman, were appointed commissioners on the part of the crown.]
No. 21. Original agreement entered into by the com- missioners, preparatory to their examination of the Po- tomac river.
No. 22. The original journal of the journey of the commissioners, surveyors, &c. from the head spring of the Rappahannock to the head spring of the Potomac, in 17.16. {This is a curious and valuable document, and gives the only authentic narrative now extant of the planting of the Fairfax stone. |
No. 23. 'The joint report of the commissioners. ap- pointed as well on the part of the crown as of ford l'air- fax. in obedience to his majesty's order of 11th April, 1745.
No. 24. A manuscript map of the head spring of the
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Potomac river, executed by Col. George Mercer of the regiment commanded in 1756 by Gen. Washington.
No. 25. Copy of an act of the general assembly of Maryland, passed February 19th, 1819, authorizing the appointment of commissioners on the part of that state, to meet such commissioners as may be appointed for the same purpose by the commonwealth of Virginia, to set- tle and adjust, by mutual compact between the two go- vernments, the western limits of that state and the com- monwealth of Virginia, to commence at the most west- ern source of the North branch of the Potomac river, and to run a due north course thence to the Penn- sylvania line. .
No. 26. Letters from intelligent and well informed individuals, residing in the country watered by the Po- tomac and its branches, addressed to the undersigned, stating important geographical facts bearing upon the present controversy.
There are other papers in my possession, not listed nor referrible to any particular head, yet growing out of and illustrating the controversy between lord Fairfax and the crown : these are also herewith transmitted.
There are other documents again not at all connected with my present duties, which chance has thrown in my way, worthy of preservation in the archives of the state. Such, for example, as the original "plan of the line between Virginia and North Carolina, which was run in the year 1728, in the spring and fall, from the sea to Peter's creek, by the Hon. William Byrd, Wm. Dandridge and Richard Fitzwilliams, Esqrs. commissioners, and Mr. Alex'r Irvine and Mr. Wm. Mayo, surveyors -- and from Peter's creek to Stepp rock creek, was continued in the fall of the year 1749, by Joshua. Fry and Peter Jefferson." Such documents. should it accord with the views of your excellency, might be deposited with "the Virginia His- torical and Philosophical Society," an institution of res cent origin, yet founded upon the most expanded views of public utility, and which is seeking by its patriotic
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appeals to individual liberality, to wrest from the ravages of time the fast, perishing records and memorials of our early history and institutions.
With sentiments of regard, I am, very respectfully, your obedient servant,
CHARLES JAS. FAULKNER. To JOHN FLOYD, Esq. Governor of Virginia.
After perusing this masterly exposition, the reader will be at a loss to conceive on what grounds Maryland can rest her claims to the territory in question, and what authorities she can adduce to support them. The con- troversy is still pending, and, in addition to Mr. Faulk- ner, C'ol. John B. D. Smith of Frederick, and John S. Gallaher, Esq. of Jefferson, have been appointed com- missioners on the part of Virginia.
CHAPTER XIV.
Laying of the counties.
The two counties of Frederick and Augusta were laid off at the same session of the colonial legislature, in the year 1738, and included all the vast region of country west of the Blue ridge. Previous to that time the county of Orange included all the territory west of the mountains. Orange was taken from Spotsylvania in the year 1731, Spotsylvania having previously cross- ed the Blue ridge, and took in a considerable part of what is now the county of Page. Previous to laving off the county of Orange, the territory west of the Bite ridge, except the small part which lay in Spotsylvania, does not appear to have been included in any county. Spotsylvania was laid off in the year 1720; the act for which is worded as follows :
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"Preamble. That the frontiers towards the high mountains are exposed to danger from the Indians, and the late settlements of the French to the westward of the said mountains: Enacted, Spotsylvania county bounds upon Snow creek up to the mill; thence by a south west line to the river North Anna ; thence up the said river as far as convenient, and thence by a line to be run over the high mountains to the river on the north west side thereof," so as to include the northern passage through the said mountains ; thence down the said ri- ver until it comes against the head of the Rappahan- nock; thence by a line to the head of Rappahannock river ; and down that river to the mouth of Snow creek ; which tract of land. from the first of May 1721, shall become a county, by the name of Spotsylvania county."
Thus it appears that a little more than one hundred years ago Spotsylvania was a frontier county, and that- the vast region west of the Blue ridge, with its millions of people, has been settled and improved from an entire wilderness. 'The country for more than a thousand miles to the west has been within this short period res- cucd from a state of natural barbarism, and is now the seat of the fine arts and sciences, of countless millions of wealth, and the abnoxde of freedom, both religious and political. Judging frem the past, what an immense prospect opens itself to our view for the future. With- in the last half century, our valley has poured out thou- sands of emigrants, who have contributed towards peo- pling the Carolina, Georgia, Tennessee, Kentucky, Ohio, and other regions south and west, and migrations still continuc.
It has already been stated that Frederick county was laid off in the year 1738. The first court of justice held in the county was in the year 1743. This delay, it is presumable, arose from the want of a sufficient num- ber of magistrates to form a quorum for the legal trans- action of business. The first court was composed of the following justices, to wit: Morgan Morgan, David
* South fork of the Shenandoah.
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Vance, Marquis Calmes, Thomas Rutherford, William M.Mahon, Meredith Helm, George Hoge and John White. James Wood, clerk. This court sat the first time, on Friday 11th day of November, 1743. At this term of the court is to be found on record the following entry : "Ordered, that the sherif of this county build a twelve foot square log house, logged above and below, to secure his prisoners, he agreeing to be satisfied with what shall be allowed him for such building by two of the court, and he not to be answerable for escapes." This was the first jail erected in the county of Frederick.
The county of Hampshire was the next laid off, and was taken from Frederick and Augusta. This was done in the year 1753. The first court held in this county was in December, 1757. Thomas B. Martin, James Simpson, William Miller, Solomon Hedges and Nathan- iel Kuykendall, justices, composed the court, and Ga- briel Jones the clerk.
Berkeley and Dunmore were taken from Frederick in the year 1772. In October, 1777, the legislature al- tered the name of Dunmore county to Shenandoah. It does not appear, from the language of the law, for what particular reasons this alteration was made. It had been named after and in honor of lord Dunmore, the theu governor under the royal government. But his lord hip took a most decidedly active part in opposition to the American revolution; and in order to have the liberty of wearing his head, took shelter on board of a British armed vessel. His conduct is pretty fully related in Mr. Jacob's account of Dunmore's war, given in the prece- ding pages; and it was doubtless owing to this cause that the name of Dunmore county was altered to that of Shenandoah.
It the year 1769, Botetourt county was taken from Augusta. In the act is to be found the following clause : " And whereas the people situated on the Mississippi, in the said county of Botetourt, will be very remote from the court house, and innst necessarily become a separate county, as soon as their numbers are sufficient, which
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probably will happen in a short time; Be it therefore en- acted, by the authority aforesaid, that the inhabitants of that part of the said county of Botetourt, which lies on the said waters, shall be exempted from the payment of any levies to be laid by the said county court for the pur- pose of building a court house and prison for the said county." Thus it appears that Virginia, at that period, claimed the jurisdiction and territory of that vast region of country westward to the Mississippi.
In 1772 the county of Fincastle was taken from Bo- tetourt; and in 1776 Fincastle was divided into the counties of Kentucky, Washington and Montgomery, and the name of Fincastle became extinct.
In the year 1777 Rockbridge county was taken from Augusta and Botetourt. Rockingham county, the same year, was taken from Augusta, and Greenbrier from Augusta and Botetourt. The years 1776 and 1777 were remarkable for the many divisions of the western counties. West Augusta, in the year 1775, by the con- vention assembled for the purpose of devising a plan for resisting the oppressions of the mother country, among other proceedings determined, that "the land- holders of the district of West Augusta shall be consi- dered as a distinct county, and have the liberty of send- ing two delegates to represent them in general conven- tion as aforesaid."
This is the first account which the author has been able to find in our ancient statutes in relation to West Augusta as a separate district or county. In fact, it does not appear that we ever had a county legally established by this name. It is presumable that it acquired the name by general usage, from its remote and western lo- cality from the seat of justice. Be this as it may, it ap- pears that the district of West Augusta never had its bounds laid off' and defined until the month of October 1776, when it was divided into three distinct counties, viz. Ohio, Yohogania and Monongalia. By the ex- tension of the western boundary between Pennsylvania and Virginia, the greater part of the county Yohogania
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falling within the limits of Pennsylvania, the residue was, by an act of assembly of 1785, added to Ohio. and. Yohogania became extinct.
Harrison county was established in 1234, taken from Monongalia. In 17S5 Hardy county was laid off, ta- ken from Hampshire. In 1786 Randolph county was laid off, taken from Harrison. In 1785 Russell county was taken from Washington. In 1787 Pendleton coun- ty was taken from Augusta, Hardy and Rockingham. In 1788 Kanawha was taken from Greenbrier and Montgomery. In 1789 Wythe county was taken from Montgomery, and a part of Botetourt added to Montgo- mery. In 1790 Bath county was taken from Augusta, Botetourt and Greenbrier. In 1792 Lee county was taken from Russell; and in the same year, Grayson county was taken from Wythe. .
The author has deemed it an interesting part of his work to give a particular history of the establishment of our counties, because it goes to shew the rapid in- crease of our population, and improvement of our count- try, since the termination of the war of the revolution. To an individual born and raised in the valley, and who is old enough to recollect the passing events for the last half century -- who was acquainted with the state of our country fifty years ago. its sparse population, rude log buildings, and uncultivated manners and customs of our ancestors -- the great improvement of every thing calculated to better the condition of human life-the astonishing change in the appearance of our country- its elegant buildings, finely cultivated farms, improved state of society, &c .- are calculated almost to raise doubts in his mind whether these vast changes could possibly have taken place within his little span of ex- istence. The author's destiny, when a youth, threw him into a business which gave him an opportunity of ex- ploring a considerable part of the lower counties of the valley, and he has lately made it his business again to explore the vanie counties ; and if he had been for the last forty years shut up in a dungeon, and recenth- sct
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at liberty, he would almost doubt his own senses and believe himself in another country. A great part of our valley may be said to be elegantly improved .*
CHAPTER XV.
Establishment of the towns.
About the year 1738, there were two cabins erected near the run in Winchester.t The author regrets that he has not been able to ascertain the names of the first settlers in this town. Tradition however relates that they were German families.
In the year 1752 the legislature passed "an act for the establishing of the town of Winchester." In the preamble are the following words:
" Whereas it hath been represented to this general as- sembly, that James Wood, gentleman, did survey and lay out a parcel of land at the court houset in Frederick county, in twenty-six lots, of half an acre each, with streets for a town, by the name of Winchester, and made sale of the said lots to divers persons who have since settled and built and continue building and set- tling thereon; but because the same was not laid off
* Capt. James Russell, of Berkeley, some years ago built a brick barn 150 feet long and 55 wide.
The late Mr. John Hite, in the year 1705, built the first brick house ever erected west of the Blue ridge. This is but a small one story building, and is now owned by the heus of the late Mr. A. Neill, at the north end of Ste- phensbirg, in the county of Frederick. In 1787 Mr. Hite built a merchant till, which was at that time considered the finest mill in the valley. It is now hardly considered a second rate mill.
+ A very aged woman, by the name of Sperry, informed the author that when she first saw the place where Winchester now stands, she was 2 years of age, and from her age at the time the author conversed with her, (which was in 1999,) he found the year in which she first saw Winchester to be in 1730, at winch time she stated there were but two small log cabins, and those near the run.
* Mr. Jacob Gibbon informed the author that he was in Winchester in 1755, and that the court house was a small cabin, and that he saw the court sitting in this cabin.
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and erected into a town by act of assembly, the free- holders and inhabitants thereof will not be entitled to the like privileges enjoyed by the freeholders and inha- bitants of other towns in this colony, Be it enacted, &c. that the said parcel of land lately claimed by the said James Wood, lying and being in the county of Frede- rick aforesaid, together with fifty-four other lots of half an acre each, twenty-four thereof in one or two streets on the east side of the former lots, the street or streets to run parallel with the street already laid off, and the re- maining thirty lots to be laid off at the north end of the aforesaid twenty-six, with a commodious street or streets in such manner as the proprietor thereof, the right hon- orable Thomas lord Fairfax, shall see fit, be and is here- by constituted, enacted, and established a town, in the manner already laid out, to be called by and retain the name of Winchester, and that the freeholders of the said town shall forever hereafter enjoy the same privi- leges which the freeholders of other towns erected by act of assembly enjoy." This act further provides that fairs may be held in the town twice in each year.
Thus it appears that the late Col. James Wood was the founder of Winchester, and not lord Fairfax as has generally been believed. The latter made an addition to the town. Tradition relates that Fairfax was much more partial to Stephensburg than he was to Winches- ter, and used all his influence to make Stephensburg the seat of justice, but that Wood outgeneraled his lordship, and by treating one of the justices with a bowl of toddy secured his vote in favor of Winchester, which settled the question, and that Fairfax was so offended at the magistrate who thus sold his vote, that he never after spoke to him .*
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