USA > Virginia > Augusta County > Augusta County > Annals of Augusta county, Virginia, from 1726 to 1871 > Part 40
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After the organization of Greenbrier county Colonel Stuart was appointed Clerk of the County Court, and held the office from 1780 uutil 1807. At the end of the first deed-book he copied his "Memoir,"
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from which we have made copious extracts. His wife was Agatha, daughter of Thomas Lewis, and widow of Captain John Frogg, who was killed at Point Pleasant, to whom he was married in 1778. His death occurred August 23, 1823. He had four children, viz :
1. Margaret, wife of Andrew Lewis, of Mason county, a son of Colonel Charles Lewis.
2. Jane, wife of Robert Crockett, of Wythe county, and mother of the late Charles S. Crockett and of the first wife of Judge James E. Brown, of Wythe. [Judge Brown was a son of Judge Jolin Brown, the first Chancellor of the Staunton District, and was reared at Staunton. His second wife was a daughter of Judge Alexander Stuart. Her only son (Alexander Stuart Brown), who died early, was a young man of brilliant promise. ]
3. Charles A. Stuart, whose wife was Elizabeth Robinson.
4. Lewis Stuart, married Sarah Lewis, of Bath county, a grand- daughter of Colonel Charles Lewis. He succeeded his father as clerk in 1807, and died in 1837. His children were five sons-Jolin, Charles A., Lewis, Henry, and John-and four daughters. One of his daughters was the wife of the late Samuel Price, at one time Lieutenant-Governor of Virginia, and afterwards United States Sena- tor from West Virginia. The others were Mrs. A. W. G. Davis, Mrs. Charles L. Peyton, and Mrs. James W. Davis.
II. Sabina Stuart, daughter of David Stuart, married first a Wilson, and secondly a Williams. Her daughter, Margaret Lynn Williams, married Thomas Creigh, and was the mother of (1) David Creigh, (2) Dr. Thomas Creigh, (3) Mrs. Watson, wife of Judge Watson, of Charlottesville, (4) Mrs. John R. Woods, (5) Mrs. Pres- ton, wife of the Rev. David Preston.
III. Elizabeth Stuart, daughter of David Stuart, married Colonel Richard Woods, of Albemarle.
JOHN STUART .- The Rev. Robert Stuart, of Kentucky, in a brief memoir found among his papers after his death, states that his grand-parents came from the north of Ireland and settled on Walker's Creek, in Borden's tract. Mr. Stuart was born in 1772 and distinctly remembered his grandmother. He does not mention the names of his grand-parents. They brought with them to America an infant son named John. Another son was born here, but died young, and there were no other children.
We find from old deeds that John Stuart and Robert Stuart were among the early settlers in "Borden's tract," and that their lands were contiguous. Of Robert we have no other information. He may have been the father of the John Stuart just mentioned and grandfather of the Rev. Robert Stuart, but the descendants of the latter think the grandfather was named John.
Benjamin Borden, Sr., who died in 1742, sold several tracts of land to John Stuart. One of these was not conveyed till Benjamin
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Borden, Jr., made the deed, in 1752. The tract is described as 313 acres, being a part of Borden's "large grant of 92, 100 acres." A John Stuart-no doubt the person just mentioned-was one of the signers to the " call" to the Rev. John Brown, in 1752, to become pastor of Timber Ridge and New Providence churches.
Next we find that Joseph Mays conveyed to John Stuart a half acre lot in Staunton in 1757, lot No. 3 at southwest corner of Beverley and Angusta streets. On September 6, 1762, John Stuart and Sarah, his wife, conveyed one-half of the lot to Thomas Lewis, Andrew Lewis and William Preston. Stuart then lived on the other half, as appears from the deed. The part retained in 1762 was conveyed by Stuart and wife, in 1764, to Israel Christian. In 1765 John Stuart executed to David Stuart a bill of sale for a negro woman and child and four feather beds.
The John Stuart, who was a party to the various deeds referred to, is presumed to have been the same person who settled in Borden's tract, and the reputed brother of Archibald and David Stuart. His permanent home was on Walker's Creek, six miles west of Browns- burg. During Indian times his dwelling was fortified to resist at- tacks, and several Lochaber-axes and other ancient weapons are still preserved by his descendants. It would seem that, feeling insecure on Walker's Creek, he removed to Staunton in or about the year 1757, and remained there till 1764 or 1765, when the Indian wars of that period were over.
John Stuart, only child of his parents, was born in 1740 and suc- ceeded to his father's estate. He married Elizabeth Walker and lived and died on Walker's Creek. During the Revolutionary war he served as a soldier, and at the battle of Guilford was an officer. Ac- cording to a family tradition, he visited Ireland in 1786 and brought back with him a considerable sum of money. He died in 1831, when fully ninety years of age. His children were-
I. James Stuart, who when a youth served in the American army at Yorktown. He settled at Orangeburg, S. C., and became wealthy . Marrying a widow lady, originally Miss Ann Sabb, he had one child, who became the wife of William L. Lewis, a grandson of Colonel William Lewis and great-grandson of John Lewis. His grandson, Dr. James Stuart Lewis, lives in Florida.
2. Mary Stuart, daughter of John and Elizabeth, married William Walker and had three sons and two daughters. Her descendants are Walkers, Rowans, Browns, Stricklers, etc.
3. John Stuart, married Virginia Wardlaw and removed to Mis- souri.
4. Robert Stuart, D. D., born in 1772, educated at Liberty Hall Academy and Washington College, licensed as a Presbyterian minis- ter in 1795, and went to Kentucky before the year 1800. For some years he was a professor in Transylvania University. He died in 1856. His wife was Hannah Todd, daughter of General Levi Todd. Among his children were John Todd Stuart, a distinguished citizen of Illinois ; Robert Stuart, of Missouri ; the Rev. David Stuart, one of
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whose sons, (Rev. John T. Stuart, is a missionary in China ; and the Rev. S. D. Stuart, of Abingdon, Virginia. The only son of the last named (Addison Waddell Stuart), a noble youth, died in the Confed- erate army in 1863, in the eighteenth year of his age.
5. Joseph Stuart, died of yellow fever in Charleston, S. C., un- married.
6. Hugh Stuart, married Betsy Walker and lived on Walker's Creek. He was the father of Mrs. Andrew Patterson.
7. Alexander Stuart, married a Miss Walker and lived on Walk- er's Creek. He had no children.
8. Walker Stuart, married Mary McClure and lived at the ances- tral home. He had four sons, (John H., William W., Alexander and James J. ); and one daughter, Mary, wife of James Brown. W. C. Stuart, of Lexington, is a son of James J. Stuart ; and the Rev. C. G. Brown, a missionary in Japan, is a son of James and Mary Stuart Brown.
The male descendants of Judge Archibald Stuart are nearly extinct. His oldest son, Thomas Jefferson Stuart, had two sons, both of whom died young. The elder of the two, Colonel William D. Stuart, was mortally wounded at the battle of Gettysburg.
The Hon. Alexander H. H. Stuart, Judge Stuart's fourth and youngest son, had three sous, all of whom were cut off in the prime of life and unmarried. The eldest, Briscoe Baldwin Stuart, called for his maternal grandfather, Judge Briscoe G. Baldwin, was a lawyer of great promise. He was about to marry a young lady of Louisiana, and in 1859, while on his way to consummate the engagement, the Mississip- pi steamboat, on which he was a passenger, was blown up, and he was so badly scalded that he died in a short time. His age was only twenty-three. The next son, Alexander H. H., Jr., (called Sandy), while a cadet at the Virginia Military Institute, participated in the battle of New Market and continued in the military service till the war ended. He then entered the University of Virginia as a student and pursued his studies with great success; but at the close of the session of 1867, he contracted fever and died in July following, aged twenty-one years. The third son, Archibald Gerard, a talented young lawyer, died in 1885, aged twenty-seven, after a protracted period of il1-health. While a student at the University, he achieved great dis- tinction, being awarded "the debater's medal " by the Jefferson Society.
John A. Stuart, a highly respectable farmer of Augusta county, who also was with the cadets at New Market, is a son of Archibald P. Stuart, Judge Stuart's second son.
CHAPTER XV.
FROM 1800 TO 1812.
Before the year 1800, Staunton was thronged every summer and fall with people going to and returning from "The Springs." The Warm and Sweet Springs were then much frequented by invalids and pleasure seekers.
Dr. William Boys, long a prominent physician in Staunton, and the first physician of the Western Lunatic Asylum, came here from Philadelphia about the beginning of the last century, having received his professional education in Edinburgh, Scotland. He was a cousin of Jolin Boys, heretofore mentioned, and their wives were sis- ters, daughters of Alexander St. Clair .*
From the books of the commissioners of the revenue for the year 1800, we obtain some interesting facts. The number of tithables in the county, including Staunton, was 3,236. The number of horses was 6,088. The cattle were not listed. Four-wheeled riding carriages were taxed, but gigs were not ; aud the number of the former in the county was exactly two, viz : Thomas Martin's "stage," and Archi- bald Stuart's " chariot." The total tax was $1, 557.78.
Twenty-five merchants doing business in the county, paid license tax the same year, and among them appear the still familiar names of John McDowell, Jacob Swoope, Andrew Barry, John Wayt, Joseph Cowan, Alexander St. Clair, Peter Hanger and others.
Joseph Cowan was a conspicuous citizen of the county for many years, although he never held any public office, except that of treas- urer of the Western Lunatic Asylum. He was a native of the north of Ireland, and possessed all the characteristics of his race in a promi- nent degree. There was no bank in Staunton during his time, and he acted as banker for many citizens of the county. His store was a
* Another danghter of Alexander St. Clair was the wife of Captain Robert Williamson, a sea captain in the mercantile service, and by birth a Scotchman. Captain Williamson spent most of his life on the ocean, voyaging to and from China, Archangel, and other foreign countries. His family resided in Philadel- phia till the war of 1812 banished trading vessels from the sea. He then removed to Staunton and engaged in merchandising, in partnership, at different times, with Mr. Cowan and Captain John C. Sowers. He is described as a man of vig- orous mind, exemplary character, and ardently religious. His death occurred in 1823.
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favorite place of resort for elderly men. He was an elder in the Pres- byterian church, and very rigid in his observance of the Sabbath day.
Dr. Alexander Humphreys, who died in Staunton, in 1802, and whose family afterwards removed to Kentucky, seems to have been the solitary practising physician in the county in 1800. Still the lawyers were not listed by Commissioners of the Revenue. General Samuel Blackburn was living here, and was at the zenith of his fame as an ad- vocate. He afterwards removed to his estate, called the Wilderness, in Bath county, where he spent the latter years of his life.
Another citizen of the county, in 1800, must not be omitted. The Rev. John Glendy, D. D., was born in Londonderry, Ireland, June 24, 1755, and educated at the University of Glasgow. For several years he was pastor of a Presbyterian church at Londonderry. When the rebellion of 1798 occurred, his course was obnoxious to the government, and an order was issued for his arrest. After concealing himself in various places, he gave liimself up for trial. He always de- clared that he had taken no active part in the rebellion, but, neverthe- less, he was convicted, and sentenced to perpetual banishment. He and his wife were compelled to embark for America in an old vessel, which, in distress, put in at Norfolk. This was in 1799. Mr. Glendy preached at Norfolk, and attracted much attention by his oratory. The climate of lower Virginia proved unfavorable to Mrs. Glendy's health, and by advice of a physician he came to Staunton. Here he was employed by the Presbyterians of the town and of Bethel congregation to minister to them temporarily. On the 22d of Febru- ary, 1800, he delivered in Staunton a eulogy of Washington, of which two editions were printed. By invitation of President Jefferson, he visited Washington city, and there delivered an address in the Capitol, which excited much admiration. Soon afterwards he became pastor of a church in Baltimore. He was chosen chaplain to the lower house of Congress in 1806, and to the Senate in 1815. About the year 1822, the University of Maryland conferred upon him the degree of Doctor of Divinity. His style of oratory is said to have indicated his com- mon nationality with Curran and Philips. His popular address and talents, in connection with the important places he occupied, and the fact of his being an exile from his native land, gave him easy access to the highest classes of society. He died October 4, 1832 .*
* The late Robert J. Glendy, of Bath, and Capt. Robert Guy and William Guy, of Augusta, were nephews of Dr. Glendy. The father of Robert and Wil- liam Guy, whose wife was a Miss Glendy, was implicated in the Irish Rebellion of 1798, and settled in Augusta in 1804.
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At a County Court held July 30, 1800, the "Rates" for ordi- naries were fixed as follows : Breakfast or supper, 25 cents ; dinner, 42 cents ; lodging per night, 1212 cents ; servant's diet, 16 cents ; Madeira wine per quart, $1.25; Port wine, 83 cents ; Sherry, $1 ; whiskey per gill, 4 cents ; corn or oats per gallon, 121/2 cents.
In the year 1802, another change was made in the judiciary system of the State. Four chancery districts were then constituted, and John Brown was elected by the Legislature "judge of the court of chancery for the upper district." At the time of his election, Judge Brown resided in Hardy county, but he immediately removed to Staunton, where he was required to hold terms of his court. He sat also in Lewisburg and Wytheville. The first Chancery Court was held in Staunton, July 1, 1802. Henry J. Peyton was the first clerk of this court, and William S. Eskridge was the second and last. William Kinney, Sr., was its "sergeant-at-arms." Among the lawyers who qualified to practice in the court, on the day it opened, were Edmund Randolph, James Breckinridge, Daniel Sheffey, Chap- man Johnson and Edward Graham. Of these, only Mr. Johnson resided in Staunton. Mr. Sheffey lived at that time in Wythe, and did not remove to Staunton till some twenty years afterwards.
Judge Brown died in 1826. His successor was Judge Allen Taylor of Botetourt, who presided in the court till 1831, when another change was made in the judiciary system.
In connection with the foregoing, we may state here that, in 1809, circuit courts of law, instead of district courts, were established by act of assembly. The counties of the State were arranged in circuits, and one of the judges of the general court was required to hold terms in every county. Judge Stuart then became sole judge of the circuit of which Augusta was a part. Chesley Kinney, by appointment of the Judge, was Clerk of the Circuit Court of law for Augusta county, till 1828, when his son, Nicholas C. Kinney, was appointed.
The system of two distinct courts, one of law and the other of chancery, continued till the year 1831.
From the year 1800 to the year 1860, emigration and immigration were the order of the day in Augusta county. The sons of farmers and others, descendants of early settlers, were enticed away by the low prices of rich lands in the west, Kentucky, Ohio, Indiana, Illinois and Missouri. Often whole families sold out their lands here, and left in search of new homes near the frontier of civilization ; and sometimes several families, neighbors and friends, went together to forin a con- genial settlement elsewhere. The emigrants packed in wagons their
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provisions, clothing, bedding, and such cherished articles as they could not leave behind, and spent weeks on the road, camping out at night. The descendants of Augusta people in the States just named, must number many thousands. Some forty years ago, a citizen of Augusta was visiting relations in central Illinois, when two other citizens of the county arrived on horseback. The latter stated that after crossing the Ohio river, they had spent every night at the house of an Augusta man.
The places of the emigrants were taken by immigrants from Pennsylvania and the lower valley, generally people of German descent-the most thrifty of farmers-and thus the country suffered no loss in population.
For some years Mississippi was the Eldorado which attracted young men who desired to embark in business-lawyers, doctors and clerks ; many of these, however, drifted back to their old homes. Our farming and grazing population were never much inclined towards the cotton growing States and Territories.
Until the year 1802, Staunton was governed by trustees, like other villages. Early in that year, however, the freeholders and housekeepers of the town met at the county courthouse and elected twelve freeholders to act as Mayor, Recorder, Aldermen and Common Councilmen, pursuant to an act of the State Legislature passed December 23, 1801 ; and on March 20, 1802, the persons so elected met and organized the town government. The first Mayor was Jacob Swoope ; Recorder, John Bowyer ; Aldermen, John McDowell, Walter Herron, Jacob Lease and Michael Garber ; Councilmen, David Greiner, William Chamhers, Samuel Blackburn, Michael Harman, Andrew Harouff, and Philip Hopkins ; Clerk of Council, Vincent Tapp. None of those officers, except the clerk, received pay.
The Aldermen, with either the Mayor or Recorder, constituted the Hustings Court, which had the same jurisdiction in town that the County Court had over county officers, except that the Common Council levied taxes, passed police ordinances etc.
On the 29th of April, 1802, the council appointed a committee in regard to the erection of a market house, to furnish rooms for the District Court of Chancery, for the common hall, clerk's offices, etc. The contract for building the house was awarded to Jacob Swoope. In October, 1802, the town council gave up the building to the county, on condition that the county finish it so as to furnish the apartments mentioned. This was the brick house which stood till 1835, on Courthouse alley, next to Augusta street.
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On May 1, 1802, the council passed an ordinance requiring per- sons living on Augusta, New and Courthouse streets, and on Beverley "as far as the bridge," to erect railings on the street, in front of their premises, to enclose the sidewalks.
On the same day, an ordinance was passed prohibiting the passage of wagons, carts and drays through the town on the Sabbath day, under the penalty of $3.50 for each offence, but it was repealed the next year.
In the fall of 1803 the people of Staunton and Augusta county were thrown into a hubbub of excitement in regard to a notorious character called Bob Bailey. A brief sketch of this man will be read with interest, and is not out of place here. He was born, according to his own account, in Culpeper county, in 1773. His father having been killed at the battle of the Cowpens, and his mother being poor, he was thrown upon his own resources at an early age. But he was industrious and enterprising, and got along remarkably well, with very little education, however. In1 1791, when he was eighteen years old, he was employed as overseer by Major John Hays, of Hays' Creek, Rockbridge He was sent to Stauuton for Dr. Humphreys, and the conversation, during his ride back with the doctor, determined him to come to Staunton, possibly to study medicine. To Staunton he came, and, attending a 22d of February ball, had the Widow Bosang as a partner in the dance .* As we have seen, John Bosang was one of the five ordinary keepers in Staunton in 1787. His tavern was on the northwest corner of Main and Lewis streets, near the Methodist church, where a brick house now stands. After his death his widow, who appears to have been a matron of good repute. continued the business at the old stand. In an evil hour for her she encountered the handsome young stranger, was captivated, and after a short courtship agreed to marry him, he being about nineteen years of age, and she twenty-eight or thirty. For a time the youthful husband de- voted himself to tavern-keeping and prospered. He then concluded to become a merchant also, and went to Philadelphia with a lot of horses to barter for goods. There hie was introduced to the gaming- table, was fascinated, and soon became an adept at card-playing. For about twenty years he pursued that nefarious business.
While he was living in Staunton, or claiming a residence here, the fall term of the district court, 1802, came on. The court opened
* The anniversary of General Washington's birth began to be celebrated during his life, as appears above. The first celebration of the sort is said to have been in Alexandria, and the General attended the ball.
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on the Ist day of September, Judges St. George Tucker and Josephz Jones presiding. John Coalter, afterwards judge, was clerk of the court. Philip Grymes resigned the office of prosecuting attorney on an early day of the term and Hugh Nelson was appointed in his place. Chapman Johnson, who had just settled in Staunton, qualified to practice as an attorney. A grand jury was impanelled, and among the members were Alexander Nelson, James Cochran, Robert Doak, Andrew Anderson, Henry McClung, and James Moffett. On the next day the jury brought in a presentment charging that Robert Bailey, at the house of William Chambers, in Staunton, (the Wayne Tavern), "was the keeper and exhibitor of a certain unlawful gaming table called Pharaoh, or Pharaoh Bank." The case having been continued at April terin, 1803, came on for trial in September of that year. General Blackburn appeared as counsel for the accused, who kept ont of sight in another county. On the 2d of September the petit jury, John Poage, foreman, brought in a verdict of guilty. General Black- burn moved an arrest of judgment, and the court took time to consider. Finally, on the 6th, the motion was overruled, and judgment was ren- dered that Robert Bailey be deemed and treated as a vagrant ; that he be delivered by the sheriff to the overseers of the poor, to be by them hired out for three months for the best wages that could be procured, for the use of the poor ; and that he give security in the penalty of five hundred dollars for his good behavior for three years. A capias for the arrest of Bailey was awarded, returnable on the first day of the next term.
Bailey was astounded when, at his hiding place in Bath county, he heard the news from Staunton. What a punishment for a gentle- man ! He says he almost became a lunatic. He did not come forward to be hired out for the use of the poor, and evidently there was no particular desire to capture and detain him for three months in the community. Having, when flush of money, purchased a farm in Botetourt, his family removed there, and for a time he claimed a resi- dence in that county. Wishing to obtain a writ of error he sought to employ Philip Grymes to appear for him in the Court of Appeals. In a letter to that gentleman, he charged that Judge Tucker had offered to compromise the prosecution against him in consideration of a hundred guineas. Mr. Grymnes communicated the accusation to the Judge, and he brought it to the attention of the Legislature. with a view to an investigation of his official conduct. Thus the charge became public, and all Augusta was aroused. Many citizens sent down written testi- monials as to the respective reputations of Judge Tucker and Bailey,-
.
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General Blackburn, Judge Stuart, Alexander St. Clair, John Wayt, Sr., General Porterfield, Chesley and Jacob Kinney, Jacob Swoope, John McDowell, Joseph Bell, Sr., Judge Brown and others. Bailey, on the other liand, in person or by his friends, got up counter testimon- ials signed by two or three hundred respectable citizens, -Major Joseph Bell, Jr., Captain Samuel Steele, William Moffett, Jacob Lease, Peter Hanger, John Tate, William Gilkeson, Lawrence Tremper, etc., etc. He showed also that he was Captain of the Staunton Light In- fantry Blues, "the finest uniformed company west of the Blue Ridge," and that having been a candidate for the House of Delegates in April, 1803, he was voted for by two hundred and fifty-nine freeholders out of five hundred and sixty-four who voted. Many people evidently rather liked the man, -his utterly reprobate character had not then been fully developed. He was free-handed with his money, and pro- fnse in acts of kindness, and a large number of his acquaintances could not refuse to certify that as tavern-keeper, merchant, and private citi- zen he was just and fair in his dealings. They all admitted, however, that he was fond of gaming. Bailey published a pamphlet, in which he retorted upon his assailants, saying many hard things about some of them. Of some, such as General Blackburn and Mr. St. Clair, the worst he could say was that they had accepted his hospitality and received him as their guest. Judge Stnart and Judge Brown he affect- ed to brush aside with supreme contempt. Daniel Sheffey, a member of the Legislature from Wythe at the time, was scouted as "a little cobbler." A committee of the Legislature investigated the matter, and Judge Tucker was exonerated, of course.
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