USA > Virginia > Augusta County > Augusta County > Annals of Augusta county, Virginia, from 1726 to 1871 > Part 37
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Until the year 1789, the County Court was the only court of record which sat in Staunton. As stated heretofore, it had an ex- tensive jurisdiction in law and chancery. The higher law tribunal, called the General Court, composed of gentlemen "learned in the law," sat in Richmond.
In 1777, a High Court of Chancery was constituted, consisting of three judges,-George Wythe, Edmund Pendleton and John Blair ; but by a subsequent act the number of judges was reduced to one. From that time for twenty years George Wythe was the sole appellate chancellor in the State.
In 1789 the Legislature passed an act establishing district courts of law. The counties were arranged in districts, in each of which two judges of the General Court were required to hold terms. Augusta, Rockbridge, Rockingham and Pendleton constituted a district, and the court sat in Staunton. Judges Mercer and Parker held the first court here. Judges Tyler, Carrington, Tucker (the elder) and others also sat here at different times.
The first clerk of the district court at Staunton was James Lyle. He was succeeded, in 1793, by John Coalter, afterwards judge ; he by Micajah Coalter, and he by Chesley Kinney.
Kercheval, in his History of the Valley, states that after the French Revolution broke out, in 1789, breadstuffs of every kind suddenly became enormously high. For several years afterwards it was no uncommon thing for the farmer of the Valley to sell his crop of wheat from one to two, and sometimes two and a half dollars per bushel, and his flour from ten to fourteen dollars per barrel in our seaport towns.
The people of Staunton organized a Fire Company, January 9, 1790, in accordance with an act of the Legislature, and the names of the members are recorded in Deed Book No. 26, page 404. It is interesting to see who were the active citizens of the town at that time. Among the names of persons and firms composing the company-61 in all-are the following : William Bowyer, Michael Bowyer, Alexan- der St. Clair, Robert Gamble, James Lyle, Robert Stuart, Archibald Stuart, William Abney, Robert Douthat, William Chambers, John and Samuel Boys, Peter Heiskell, Jacob Peck, Robert McDowell, Michael
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Garber, Jacob Geiger, Adam Bickle, James Magougal (sic), A. Waterman, Robert Mccullough, Jolin Gorden, Michael Garber, Jr., Alexander Humphreys, Margaret Reed, William Shayer, William Mc- Dowell, North & Mathews, Alexander Nelson, Jr., John Bosang, Smith Thompson, Michael Faulkler, Samnel Merritt, Daniel Kidd and George Weiford. Other names in the list have disappeared from the community, as have some of those mentioned.
John and Samuel Boys, merchants, were cousins, the latter being a brother of Dr. William Boys. Both of them returned to Philadel- phia, and embarked in business there. The first fire engine brought to Staunton was purchased for the town in Philadelphia, by John Boys. He was the only son of Commodore Nathan Boys, of the Pennsylvania Navy during the Revolution.
James Magougal (or McGonigal) built the brick house at the N. E. corner of Beverley and Market streets, and his initials may still (1892) be seen on the gable end.
It is presumed that Williani Shayer was the husband of the widow Shayer (generally pronounced Shires), who left $4.000 for the education of the poor children of Staunton, and which is still doing its work.
William Bowyer was president of the company, and James Lyle secretary. The organization was kept up as late as 1813, as appears from a note in the record book.
In the latter part of the century the Presbyterian churches of the Valley were disturbed by dissensions in regard to psalmody. The version of the Psalms by Rouse* had been universally used, and when the smoother version by Dr. Isaac Watts was introduced, there was strenuous opposition to it on the part of many people. It is related that, in 1789 or 1790, the Rev. William Graham, a somewhat impru- dent man, precipitated a controversy on the subject in New Provi- dence congregation. Rouse's version had been used there as else- where, but Mr. Graham, while assisting the pastor at a communion service, without conferring with any one, introduced Watts' psalms and hymns. Some of the older members left the church immediately, and a schism occurred. The seceders repaired to Old Providence church, in Angusta, and reopened that place of worship, which had
* Sir Francis Rouse was, in 1653, speaker of the British Parliament, called the Little Parliament, which he was instrumental in dissolving, and turning over the government to Cromwell. He was also a member of Cromwell's first Parliament in 1654, and one of the new Lords created by the Protector in 1658.
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been abandoned for some time. Rouse continued to be used for twenty years longer at Tinkling Spring and other churches, but was gradual- ly superseded by Watts .- [Ruffner's History of Washington College.]
The first Lutheran church in Augusta, was built in 1780, on South river, near Waynesborough, and called Trinity. The next was Mount Tabor, near Middlebrook, built in 1785. Nine others have been built during the present century, most of them since 1840.
The Tunker (German Baptist) church was first organized in the county about the year 1790. The German Reformed church in the county also dates back to the last century, but the place and exact date of the organization cannot be ascertained.
The first Methodist Episcopal church building in the county was erected, probably in 1797, in Staunton, on the site of the present church, although Staunton circuit does not appear on the minutes of the Conference before 1806.
Bath county was formed from Augusta, Botetourt and Green- brier, in 1791, by which act Augusta was reduced to her present dimensions, about thirty-three miles long and twenty-nine miles wide. At its formation, and for more than fifty years afterwards, Bath embraced about one-half the present county of Highland.
The first County Court of Bath was held May 10, 1791, in the house of Mrs. Margaret Lewis, at the Warm Springs. The first justices were Sampson Mathews, Samuel Vance, John Wilson, Charles Cameron, John Bollar, John Dean, James Poage, William Poage, John Kinkead, George Poage, Jacob Warwick, John White, John Peebles, John Lewis, Samuel Shrewsberry, and John Oliver. John Dickinson and Alexander Crawford were appointed, but declined. Charles Cameron was the first clerk, and Sampson Mathews the first sheriff. William Poage was recommended for appointment to the office of surveyor. The following persons were recommended as justices to fill vacancies : James Stephenson, George Messingbird, John Brown, James Robinson, William Crawford and Robert Sitling- ton. On the same day Archibald Stuart was "recommended to the Attorney-General as a proper person to execute the office of deputy- attorney for this county." No lawyers qualified till the Jnne term, 1791, and then John Coalter and James Reid were admitted as attorneys. At August term, 1791, the first entry is as follows : "Ordered that the conrt adjourn to some trees down the lane near the highway." Upon meeting under the trees, Archibald Stuart and William H. Cavendish qualified as attorneys.
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Sampson Mathews lived in Bath probably ten years, at, or near, Cloverdale. He was living in Bath, in 1800, when his will was executed, but in Staunton, in 1807, when he died.
In 1791, quite an excitement arose on account of the defalcation of one or more Deputy Sheriffs of the county, who were collectors of the public revenues. Archibald Stuart, attorney for the Common- wealth, wrote to Governor Randolph on the subject, May 22nd. Certain important papers connected with the matter had disappeared from the clerk's office of the County Court, and it was feared that the prosecution of the defaulters would be frustrated. James Lyle, deputy of Col. McClanahan, clerk of the court, had been removed in October, 1790 ; but before leaving the office, delivered the papers to Col. McClanahan, in the presence of four witnesses. Matthew Gam- ble succeeded Lyle as deputy, and while he was on a visit to Winches- ter, the papers were taken from the office.
Gabriel Jones wrote to the Governor, March 20, 1792, explaining why he could not aid in the prosecution, as requested-He had ac- cepted a fee from the accused parties, but descanted at length upon "the enormity of the crime."
John Breckinridge, afterwards Attorney-General of the United States, at the solicitation of Governor Lee, who had come into office by April, 1792, agreed to assist in the prosecution at Staunton.
James Jones, Attorney-General of Virginia, wrote to the Gover- nor, August 30, 1792 .- He thinks the prosecution will be defeated in consequence of the loss of papers. "From Mr. Stuart's representa- tions, the conduct of the clerk of Augusta wears a suspicious aspect." He ought to be removed from office, if he has connived at, or been accessory to, the secreting or destruction of the papers.
Colonel McClanahan had, however, resigned. At a court held August 21, 1792, he tendered his resignation provided the court would appoint Jacob Kinney clerk in his stead (!) The resignation was ac- cepted as tendered, and Kinney was immediately installed as clerk. Four members of the court entered their dissent from the pro- ceeding.
Mr. Stuart wrote to the Governor, August 31, 1792, for in- structions ; and on the 7th of September Mr. Innes replied, advising suits against the High Sheriffs of Augusta on their official bonds " for the default and mal-practices of their deputies."
The " Calendar of Virginia State Papers," gives us no further in- formation in reference to this affair. It is refreshing, however, to see the phrensy into which Governors and attorneys were thrown by de-
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falcations, which in these latter times are almost of daily occurrence and attract little notice.
We go back now to pick up one or two scraps of history.
At a District Court held at Staunton, September 9, 1791, Eliza- beth Hazel, "late of the county of Rockingham, spinster," was sentenced to be hung, for the crime of murder, by the Sheriff of Au- gusta, on Friday, October 21st. Whether hung or not, we canuot say. There is no tradition on the subject.
Zachariah Johnston wrote to the Governor, March 28, 1792, in reference to an accusation hie apprehended would be made against his son, James, and others, who were said to have threatened to use force in opposition to the Federal excise law. He begs the Governor to call on Mr. St. Clair for information touching the matter. Major Porterfield had spoken publicly in reprobation of the young man's condnet, and the father was apprehensive of a prosecution instigated by "private rancour." James Johnston was then a captain of militia. There is nothing further on this subject.
The Staunton Academy, a high school for boys, was incorporated by act of the Legislature, December 4, 1792. The first trustees were the Rev. John McCue, Rev. William Wilson, Rev. Archibald Scott, Gabriel Jones, Alexander St. Clair, Sampson Mathews, Sr., Archibald Stuart, Robert Gamble, William Bowyer, Alexander Humphreys, David Stephenson, Robert Porterfield, James Powell Cocke, Alexan- der Nelson, John Steel, James Lyle, Robert Grattan, William Lewis, and John Tate.
At a meeting of the trustees of the academy, held May 23, 1793, Dr. Humphreys was appointed president of the board. The Rev. Charles O'Neal was elected principal, and the tuition fees were fixed as follows : for the learned languages or mathematics, one guinea the quarter ; writing, arithmetic, and rudiments of English, 10 shillings ; teaching English grammatically, f1.
In November, 1795, William Sterret offered himself as teacher of Latin and Greek, and the Rev. John McCue, John Coalter, Dr. Humphreys, and Archibald Stuart, were appointed a committee to examine him. The Rev. Hugh White, however, was "authorized to teach," August 27, 1796. Next, in 1800 and 1801, James Clarke and John McCausland taught in separate rooms under the auspices of the trustees. As yet no building had been erected for the academy, and rooms were provided by the trustees in the town.
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An act of the Legislature was passed December 22, 1792, which, among other things, organized the militia regiments of Augusta, Rockingham, and Shenandoah as the Seventh brigade.
A post-office was first established at Staunton in 1793. Previous to that date all letters received here were brought by travelers. As described of the " mail facilities" of east Tennessee in 1796, every horseman had in his saddle-bags, or portmanteau, a wallet, in which he carried letters. This was carefully opened and examined at the several places where the traveler lodged, and the letters delivered or forwarded as the case required. The inhabitants cheerfully performed the duty of forwarding letters thus brought into their possession. An endorsement "on the public service," secured the transmission of a letter by a volunteer express with the utmost fidelity.
The first postmaster at Staunton was Robert Douthat, whose ac- counts with the government began March 20, 1793. He was suc- ceeded by William Chambers, who held the office from January 1, 1795, till October 1, 1796. At the latter date, Vincent Tapp became the postmaster, and he was succeeded July 1, 1798, by Lawrence Tremper. Mr. Tremper was postmaster nearly forty-three years. He died in January, 1841, and Norborne C. Brooks was appointed in his place, February 4, 1841. In 1789, the number of post-offices in the whole United States was only seventy-five .*
The tide of Indian warfare had rolled back from Augusta county as white settlers located in the west, but it did not cease ou the frontier till 1794. In August of that year, General Anthony Wayne, at the head of a considerable force, encountered and routed a large body of Indians at the rapids of the great Maumee river in Ohio. General Wayne had been distinguished during the Revolutionary war, but his last achievement made him a popular hero. He escaped be- coming President of the United States by dying in 1796. He, how- ever, had the honor of giving his name to divers and sundry places. Waynesborongh, in Augusta county, which was founded about that time, was called for him. The Wayne Tavern, in Staunton, was another of his namesakes. This tavern, which stood at the northwest corner of Beverley and New streets, invited travelers to take shelter there by its old-fashioned swinging sign, on which a native artist exhausted his skill in trying to paint a likeness of "Mad Anthony." The Washington Tavern stood on the site of the present Virginia
* In 1800 the number was 903, and in 1884, 50,017, of which 45 were in Augusta county.
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Hotel, and displayed on its sign a portrait of the Father of his Country on horseback.
John Wise, a soldier under Wayne at the Maumee, settled in Staunton before the close of the century. He was originally a printer, and at one time published a newspaper here.
While General Wayne was on his expedition against the Indians, the Whiskey Insurrection in Western Pennsylvania culminated. Not being able to transport their grain to market, the people of that region, as many others then and since, converted the products of their farmis into whiskey. A horse could not transport more than four bushels of grain, but it could carry the product of twenty-four bushels in the shape of "high wines." By means of this article the people obtained the other necessities of life. Whiskey was then considered indispensa- ble. Everybody used it more or less, and, as was remarked, "a man could not be born, married, or buried without it." Congress, how- ever, passed an act laying a duty on distilled spirits, and the people of Western Pennsylvania rose in rebellion against the tax as unjust and oppressive. Politicians of the Republican party throughout the country sympathized to some extent with the insurgents, while Federalists supported the government. A military force of 14,000 men was raised, and under command of General Henry Lee, Governor of Virginia, marched into the disturbed district. These troops were from Pennsylvania, New Jersey, Maryland, and Virginia. There was 110 fighting, however, and most of the soldiers returned home in a short time.
A company of cavalry, or mounted infantry, from this section, composed a part of Lee's army. It was commanded by Robert Grattan, then a merchant of Staunton, afterwards Major Grattan, of Rockingham. In all probability Grattan's company were the soldiers referred to in the following anecdote related by the Rev. Dr. Ruffner in his History of Washington College. Alluding to the Rev. William Graham, founder of that institution, Dr. Ruffner says :
"Another illustration of Mr. Graham's bold and independent spirit was a scene which occurred at Harrisonburg at a meeting of the Synod of Virginia, in the year 1794, when a company of soldiers ar- rived there on their way to put down the whiskey insurgents of Penn- sylvania. The Rev. Moses Hoge, warm with patriotic zeal, moved that the Synod should adopt an address to the people, inculcating obedience to the laws. Mr. Graham opposed all Synodical action 011 the subject, and boldly avowed that the 'whiskey boys,' as they were usually called, were not rebels, but a suffering people, whose
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grievances ought to be redressed. Other members also opposed the motion, either because they sympathized with the 'whiskey boys' -whiskey being at that time a chief staple of the Valley, and the tax upon its manufacture was felt as a grievance. The address was car- ried by a small majority. The soldiers were exasperated against Mr. Graham and his party, and threatened violence against him, in- somuch that he found it expedient to retire privately from the scene of tumult."
Captain Grattan's company performed another service, on the oc- casion of the Captain's return to Staunton after his marriage, which is worth mentioning. Colonel John G. Gamble, in his unpublished ac- count of the Grattan family, says : " I accompanied his troop of cav- alry, which went out some eight or ten miles to meet their captain and escort his young bride to town."
The court-martial of the Thirty-second regiment of militia was held in Staunton, December 12, 1794. Lieutenant-Colonel Andrew Anderson presided, and Robert Doak was present as a captain. Smithi Thompson was elected provost marshal. Joseph Bell, of Captain Turk's company, "charged with not performing his tour of duty against the insurgents when called upon," appeared and was acquitted. For the offence mentioned, however, John Armstrong was fined $36, and Benjamin Grove, $15. Other militiamen were tried on the same charge, some being acquitted and others convicted and fined.
Mr. Jefferson, while residing at Monticello, previous to his elec- tion to the presidency, turned his attention, among his various pro- jects, to the manufacture of nails, and wished to establish an agency in Staunton. In June, 1795, he wrote to Archibald Stuart, his former pupil and personal and political friend, inclosing some "nail cards," which he wished put into the hands of a substantial and punctual merchant. He suggested a Mr. Stuart, Mr. St. Clair, or Gamble & Grattan. The next year, in January, he wrote again on the same subject. The nail business was not prospering, evidently ; but we are gratified to find that even at that early day Staunton was considered a better market, at least for nails, than Warren or War- minster. In February following, the price of nails had gone up in Philadelphia, and the "Sage of Monticello" was encouraged. He ad- vised his Staunton correspondent to embark in the manufacture of potaslı, and assured him there were "millions in it." The trades- inanlike way he wrote about "penny brads," and the profits of pot- ash, remind one of Dr. Johnston playing the business man at the sale of Thrale's brewery. From a letter, written at Philadelphia, June 8,
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1798, Mr. Jefferson being Vice-President, it seems that John Mc- Dowell was then the agent at Staunton. Mr. Jefferson was anxious for a remittance, as for six months he had been advancing money for nail rods. McDowell threw up the agency in 1799, and by that time it appears the "nailery " was near its end.
Before the close of the century some attempts were made to establish factories in the county. In 1790 an act was passed by the Legislature authorizing Alexander St. Clair, William Chambers, John Boys, Robert Grattan, Robert Gamble, and others, to raise by lottery three hundred pounds, to be applied by them in erecting a paper mill near Staunton, "for the use of Gideon Morgan and Peter Burkhart." And. in 1791, another act authorized trustees to raise four thousand dollars by lottery for repairing and completing Smith Tandy's "bleaching mill " near Staunton.
In the year 1796, Staunton was visited by Isaac Weld, an English traveler, whose book of Travels through the States of North America, etc., was published in London in 1799. In liis pages we find some description of Staunton and the surrounding country at the date of the visit. He says : "As I passed along it," (the road traversing the Valley), "I met with great numbers of people from Kentucky* and the new State of Tennessee, going towards Philadelphia and Baltimore, and with many others going in a contrary direction, 'to explore,' as they call it, that is, to search for lands conveniently situated for new settlements in the western country. These people all travel on horse- back, witli pistols or swords, and a large blanket folded up under their saddles, which last they use for sleeping in when obliged to pass the night in the woods. * Thirty miles further on,") from
* As already stated, from the date of the first settlement of Kentucky, till near the close of the century, the most frequented route of travel from the North- eastern States to Kentucky was called the " Wilderness road," which traversed the Valley of Virginia, passing through Staunton, Fincastle, and Cumberland Gap. A northern route was also traveled to some extent, but it was exceedingly dangerous on account of the hostility of the Indians on the north bank of the Ohio river. In 1790, Mr. Charles Johnston started with Mr. John May, of Peters- burg, on a business trip to Kentucky. They went through the wilderness from Lewisburg to the Kanawha, and about where Charleston now stands, embarked with others in a flat boat to go down the Kanawha and Ohio rivers. When near the month of the Sciota the party was decoyed to the northern shore and assailed by Indians. Mr. May and a woman were killed, and the others captured. After several months young Johnston was redeemed by British traders at Detroit, and retured home. He was the father of Frederick Johnston, Esq., long clerk of the courts of Roanoke county, and grand-father of the Rev. Lewis B. Johnston, pastor of Hebron church, Augusta county.
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Lexington), "stands Staunton. This town carries on a considerable trade with the back country, and contains nearly two hundred dwell- ings, mostly built of stone, together with a church. This was the first place on the entire road from Lynchburg, one hundred and fifty miles distant, and which I was about ten days in traveling, where I was able to get a bit of fresh meat, excepting indeed on passing the Blue Moun- tains, where they brought me some venison that had been just killed. I went on fifty miles further from Staunton before I got any again. * * "In every part of America a European is surprised at find- ing so many men with military titles, * but nowhere, I be- lieve, is there such a superfluity of these military personages as in the town of Staunton ; there is hardly a decent person in it, excepting lawyers and medical men, but what is a colonel, a major, or captain.
* * * In Staunton there are two or three corps," (volunteer military companies), "one of cavalry, the other of artillery. These are formed chiefly of men who find a certain degree of amusement in exercising as soldiers, and who are also induced to associate by the vanity of appear- ing in regimentals."
Weld relates that when he was in Staunton a party of Creek Indians arrived there on their way to Philadelphia, then the seat of the United States Government. The next morning half of the Indians set off without the others, who did not follow till some hours afterwards. When the latter started, several of the townspeople on horseback escorted them part of the way. After proceeding along the road for some miles they all at once turned off into the woods, though there was no path. The people who accompanied them, surprised at the movement, informed them that they were quitting the road to Philadelphia and would miss their companions who had gone on be- fore. The Indians persisted, however, asserting that they knew the way and the route taken by the others. Curiosity led some of the horsemen to go on, and to their surprise the first party of Indians was overtaken in the thickest part of the wood. Moreover, the route taken, as well as could be ascertained, was on an air-line to Phila- delphia. This anecdote is quoted, in a note to Campbell's Gertrude of Wyoming, as an instance of Indian sagacity.
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