Annals of Tazewell County, Virginia from 1800 to 1922, Part 18

Author: Harman, John Newton
Publication date: 1922
Publisher: Richmond, Va. : W.C. Hill Printing Co.
Number of Pages: 488


USA > Virginia > Tazewell County > Tazewell County > Annals of Tazewell County, Virginia from 1800 to 1922 > Part 18


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231


ANNALS OF TAZEWELL COUNTY, VIRGINIA.


defend the frontier settlements from the depredation of the Indians, who had lately killed and carricd off some persons in the settlements near the Clover bottoms; they pursucd them to cole river but being unable to come up with them, they were marched back, and dis- missed in the county of Montgomery, where they started from having been in the service this time about three weeks. And that again in the same year & about the month of May or first of April he was called out under the command of the same officers and Col. Cloyd as field officer to pursue the Indians who had killed and taken pris- oners several families on New River when they arrived at the place where the Indians had committed their cruelties, they were informed that Capt. Wood with a company of men had pursued them, he was then marched back to Montgomery the place where he lived when he started on this expedition, and dismissed, having been in the service this tour about two weeks. Again in the fall of the year 1779, that he was stationed under Capt. Patton at the Lead Mines in the county of Wythe for one month to guard the mines from the tories. Again in the year 1779, and about weeks after he was discharged from service at the lead mines and while still a resi- dent of the County of Montgomery, he was called out in the Malitia, under the command of Col. Cloyd, Capt. Patterson, Lieutenant James Marrs and Ensign Daniel Howe to traverse the country about New River and part of North Carolina to rid it of the Tories who had become very troublesome about this time he was marched from Montgomery to the Moravaan Towns in North Carolina by the Mul- berry fields to near the head of New River where our Company was met by Genl. William Campbell, who had been in pursuit of the same enemy from this place he was marched down New River to Montgomery and dismissed having been about four or five weeks in the service during this expedition and that again in the year 1781 and the month of February he was drafted to go out under the command of Gnl William Preston, Col. Cloyd the field officer and Capt. Patten Lieutenant Danicl Howe & John Day Ensign, the officers of the Company. These forces were intended as a reinforce- ment for the Southern army under the command of General Green, he was marched to North Carolina and on the night previous to the Battle of Whitsels Mills they joined Genl. Green and Pickens. He was in that engagement as well as another skirmish some days prev- ious on the Alamans that after the engagement of Whitsels Mills


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ANNALS OF TAZEWELL COUNTY, VIRGINIA.


from about the first of February 1781 until some time in March following, as will appear by the affidavit of Daniel Howe hereto annexed. He was marched about to different places in North Caro- lina and was discharged at Giford Court House a few days previous to the Battle at that place the time for which he was drafted having expired. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not in the pension roll of the agency of any State.


Sworn to and subscribed the day and year aforesaid.


his John x Prewett." mark


"State of Virginia Tazewell County.


On this 20th day of November in the year 1832 personally appeared in Open Court before the County Court of Tazewell County now sitting. John Mclaughlin aged about seventy-six years, a witness for John Prewett, who after being duly sworn according to law, doth on his oath say and depose, that in the year 1778 he was in the service of the United States and that the regiment to which he belonged joined the Virginia Regiment to which John Prewett belonged, at a place in the State of North Carolina called the Balled Field but the said John Mclaughlin does not now remem- ber how long he then served with the said Prewett in the war of the revolution. He further deposes and says that he was also in the service aforesaid with the said Prewett, in the years 1779 and 1781 but how long he cannot now remember and the service rendered by the said Prewett whilst in the same army with the said John Mc- Laughlin, were chiefly rendered in the State of North Carolina, but at one time they were together in the edge of South Carolina. That he then became personally acquainted with the said John Prewett who has sworn to and subscribed the foregoing declaration - and the said John Mclaughlin further says on oath as aforesaid that he believes that declaration contains a true and correct recital of the services of the said John Prewett in the war of the revolution. Sworn to and subscribed the day and year aforesaid.


his John x McLaughlin mark


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ANNALS OF TAZEWELL COUNTY, VIRGINIA.


"John Mclaughlin presented a declaration for a pension which was sworn to, examined and certified by the Court."


"Alexander Sayers presented a declaration to obtain the benefit of the pension law, passed on the 7th June 1832, which was sworn to examined by the Court and ordered to be certified


Dec. T. Present, Ambrose Hall, James C. Davidson, Philip Lambert, Hugh Tiffany, Peter Gose and Samuel Witten, Gentlemen Justices.


William and Phylis Wynn, orphans of Robert Wynn, choose Lavina Wynne as their guardian.


1833


Jan. T. Henry B. Harman was sworn in as Deputy Surveyor of the County.


Hezekiah Harman was appointed to survey and run off the lines of the town of Jeffersonville and that he place at each corner in said lines a stone of proper size, well fixed in the ground, and make report to court, accompanied with a plat of the town and certificates. And that John Crockett and Hugh Tiffany and Thomas Peery attend and superintend the execution of the said survey.


Feb. T. "David Lusk presented in court a declaration for a pen- sion, which was sworn to, 'examined and ordered to be certified according to law."


Mar. T. John Cecil qualified as Sheriff of the County and James W. M. Witten, William M. Gillespie, and James McNeil qualified as his deputies.


Guy Harrison resigned his office as constable in the 2nd Bat- talion of the 112th Regiment of the Virginia Malitia, and Daniel Christian was appointed to fill the vacancy; and Thomas Harrison and Guy Harrison became his sureties.


"Jane, Sally, Thomas and William Peery, orphans of James Peery, deceased, with the approbation of the Court, made choice of Martha Peery for their Guardian, and the Court doth appoint the said Martha Peery Guardian to Martha, Mary, Nancy, James, Elizabeth and Julia, other infant children of the said James Peery deceased; and thereupon the said Martha Peery with Robert Allen and William Brown her securety, entered into and acknowledged a bond in the penalty of $2,000 conditioned as the law dirccts."


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ANNALS OF TAZEWELL COUNTY, VIRGINIA.


May T. "It is ordered that William Hall and Daniel Harman (Sandy) be exempted from paying county levy and poor rates, in consequence of age and infirmity."


June T. The Justices on the bench proceeded to elect constables as follows: George P. Hall, Duncan Cameron, Henry Davidson, Addision Crockett for the Eastern District, and Hervey G. Peery James B. Wilson, Milton L. Lockhart and David Goodwin for the Western District.


"Ordered that Thomas P. Rader be allowed the sum of $3.00 for copying the draft of the New Court House, which is to be paid out of the years levy."


On motion of Moses Christian and others, it is ordered that a Bridleway from Sinking Waters to Rays Fork of Sandy be estab- lished.


Bird Lockhart and Cornelius White recommended for Justices of the Peace.


Elisha Mustard was presented by the Grand Jury for selling two bales of cotton in the county of Tazewell, without license, to Duncan Cameron on the 1st day of January, 1833.


Daniel Harman was presented by the Grand Jury for failing to keep the public road of which he is Surveyor, in legal repair. These are the only indictments found at this term of the Court


July T. David Payne authorized to celebrate the rites of matri- mony "on the waters of Sandy" in this County.


Sept. T. Alexander Harrison and Samuel Witten were chosen by the votes of the Justices as Commissioners of the Revenue for the County.


1834


Jan T. John Wynne, Gentleman, presented his Commission and qualified as Sheriff.


Feb. T. Hiram Ingram a preacher of the Methodist Episcopal Church, took the oath of allegiance.


Mar. T. "Jared Bolin presented in Court a declaration for a pension, accompanied with the necessary certificates, which was sworn to and certified as the law required."


"Elisha McGuire, who has been commissioned a Lieutenant of Malitia in the first Batallion in this county, this day appeared in Court and took the oaths prescribed by law."


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ANNALS OF TAZEWELL COUNTY, VIRGINIA.


Francis R. Gregory and George W. Jones qualified to practice law.


May T. George W. G. Brown, Gentleman, qualified to practice law.


William Cox appointed a director to construct road from Price's Turnpike to Cumberland Gap.


Ordered Sheriff to summon the Justices to lay levy to build road from Price's Turnpike to Cumberland Gap, and to sue contractors for construction of the Court House.


"Ordered that the sum of $1.50 be levied upon each tithable in this county for the purpose of paying the claims against the county, and the poor rates for the present year."


June T. Resolutions of the Court on the death of Joseph Draper, Attorney at Law:


"Whereas information is given to this Court by George W. G. Browne, Esq. of the death of Joseph Draper, Esq. late a practising Attorney at this Bar, Resolved therefore, that this Court receives this intelligence with sincere sorrow : Resolved that this Court deeply sympathize with the Bar and with the connexions of the deceased in their grief for the loss of a man so distinguished in his profession and so valuable as a member of society. Resolved that in testimony of the regard in which this Court holds the memory of the deceased, the members Attorneys and Officers thereof will wear the usual badge of mourning for 30 days.


Resolved that copies of this order be transmitted to the parents and widow of the Deceased in token of the sympathy felt by this Court for their loss.


Resolved that these resolutions be published in the Western Vir- ginia Argus and Virginia Republican."


Appointed Hervey George, Henry Bowen, James Meek, William Taylor and William Barns to meet with five delegates from each of the counties of Botetourt, Giles, Russell, Scott and Lee, at Jefferson- ville, to decide on matter of building road from Price's Turnpike to Cumberland Gap.


July T. James C. Tate admitted to practice law in this Court.


Aug. T. John B. Floyd and Henry S. Kaine, attorneys, ad- mitted to practice law in this Court.


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ANNALS OF TAZEWELL COUNTY, VIRGINIA.


Sept. T. John B. Gillespie and William Barnes were elected commissioners of the Revenue for the County, by a vote of the Jus- tices, sitting as a court.


Oct. T. A deed of Emancipation for a slave by William Thomp- son, John Cecil and Thomas Witten, heirs of James Witten, de- ceased, admitted to record.


Charles Greever elected by the Justices, constable in the first Batallion, in place of George P. Hall, resigned.


John Justice appointed Constable to fill the vacancy occasioned by the resignation of Duncan Cameron in the First Batallion.


Nov. T. Elizabeth Quicksall and John Quicksall were appointed to administer on the estate of Jonathan Quicksall, deceased.


1835


Jan. T. Adam Harman and Lavicy, his wife, to William Har- man deed admitted.


Feb. T. John Wynne re-appointed Sheriff of the County.


"Lee County having declined to accept the provisions of the Act of Assembly in respect to the construction of the road from Price's turnpike to Cumberland Gap. Joseph Stras and James C. Tate were designated to present to the authorities of Lee County the great advantages of said road and ask that said authorities reverse their former decision, and agree to cooperate."


Mar. T. John C. Price, Gentleman, admitted to practice law in this Court.


William P. Wynne and James McNeill appointed Deputy Sheriffs of this county.


July T. "William Witten Jr., Henry P. McDowell, John Jus- tice, Charles H. Greever, Addison Crockett and Jeremiah Lambert, were declared duly appointed Constables, in the Eastern District of the County, to serve for two years, the Court being of opinion that they are men of honesty, probity and good demeanor".


"Harvey G. Peery, Lorenzo D. Gillespie, George Steele, Milton Lambert, and Robert Shortridge were declared duly appointed con- stables in the Western District of this county to serve for the term of two years, the Court being of opinion that they were men of honesty, probity and good demeanor."


237


ANNALS OF TAZEWELL COUNTY, VIRGINIA.


"On motion of Jonathan Peery and James P. Harman, adminis- trators of Mathias Harman, deceased, James C. Spotts, a Commis- sioner was appointed to settle said estate."


Sept T. Fifteen Justices on the bench. "Henry B. Harman having received a majority of the votes of the Justices present polled viva voce in open court (for the Eastern District) it is ordered that he be appointed Commissioner of the Revenue in the Eastern Dis- trict of this county for the ensuing year".


Thomas H. Gillespie, having received a majority of votes on the final poll of the Justices present etc., was appointed Commissioner of the Revenue for the Western District of the county for the en- suing year.


Benjamin R. Floyd admitted to practice law.


The new Court House was ordered to be received as requested by Thomas J. George, one of the contractors.


October 28th "At a Court of Quarterly Sessions begun and held" etc.


"Samuel Laird being nominated, was unanimously elected to the office of Constable in the 2nd Batallion, in the place of Harvey G. Peery, retired."


"Samuel Laird, appointed Deputy Sheriff of the county, the Court being of opinion that the said Samuel Laird is a man of honesty, probity and good demeanor."


On same day, Samuel Laird resigned the office of Coroner of the County.


Dec. 31st. Jane Harman, John Harman and Mathias B. Har- man, orphans of Mathias Harman, deceased, with the approbation of the Court, made choice of Buse Harman as their guardian, and therefore the said Buse Harman with Hezekiah Harman, his surety, gave bond in the penalty of 3,000.


Jan. T. William Taylor, Gentleman, qualified as Sheriff of the County and executed bond in the penalty of $30,000.


Kiah Harman recommended to the Executive for appointment as Escheator in the place of William Harman, resigned.


Minor Wynn qualified as coroner of the county during good behavior.


Mar. T. "On motion of John Crockett, Clerk of this Court, Gco. W. G. Browne is permitted to quality as his deputy."


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ANNALS OF TAZEWELL COUNTY, VIRGINIA.


Charles Taylor, Robert G. Harrison and James Harrison ap- pointed deputy Sheriffs of the County.


James W. Sheffey, an attorney at law, was admitted to practice law in this court.


Mathias Harman, Senior and Mathias Harman, Jr. et als. view a "bridleway from the back valley to the Reedy Spring on Dry Fork of Sandy, leaving the Back Valley at the gap on this side of Ebb Brewster's etc." As old Mathias Harman had previously died, the Mathias Senior here mentioned must have referred to his son, and Mathias Jr. to his grandson.


Apr. T. Charles H. Greever appointed a deputy for William Taylor, Sheriff of the county.


June T. "Ordered that the attorneys practicing in this court have leave at their own expense to make an alteration in the Bar of the Court room by removing the partition now standing therein and by closing the ends of the bar."


"Ordered that Peter Gose, William Cox, Erastus G. Harman, John Wynn and Samuel Witten be appointed Commissioners of Roads in this county in pursuance of the Act of March 3, 1835."


"Ordered that the sum of four dollars be allowed as the reward for killing a wolf above the age of six months and two dollars be the reward for killing a wolf under the age of six months; that one dol- lar be the reward for killing an old red fox, and fifty cents for killing a fox under the age of six months, to be paid out of the county levy."


"Ordered that a levy be laid on the lands and lots in this county equal to the amount of Revenue charged on the same by the existing laws, to be applied when collected, to the construction of the Cum- berland Gap Road."


"Ordered that nine hours labor be taken as a day's labor, and that the value of a day's labor on said road be fixed at fifty cents".


"Hezekiah Harman, surveyor of this county and Henry Smith surveyor of Russell County, heretofore appointed to run the line between the two counties, in part, this day rendered a report which is ordered to be filed."


"Ordered that Hervey George and Thomas Peery be appointed to ascertain the expense of procuring a suitable tract of land and erecting a poor house; also the difference of expense of supporting the poor of this county in the present method and by means of a poor house."


239


ANNALS OF TAZEWELL COUNTY, VIRGINIA.


Kiah Harman qualified as Escheator of the county of Tazewell


"Ordered that the following shall be the rate for keeping live stock taken in execution etc." For keeping a horse for one day, .04c; for cattle, .03c and for sheep .011/2c.


July T. John W. C. Watson was admitted to practice law in this court.


Sept. T. Seventeen Justices on the bench.


Alexander Harrison was, by the votes of the Justices, chosen as Commissioner of the Revenue for the Eastern District and Chapman A. Spotts for the Western District of the county.


John Luster qualified as constable.


Dec. T. Henry B. Harman re-appointed Deputy Surveyor of the County.


Seventeen Justices on the bench.


Twenty-three Justices had been summoned for Dec. Term of the Court.


John Cook appointed as Constable in the Eastern District to fill the vacancy of John M. Compton, resigned.


John C. Harrison appointed Deputy Sheriff.


1837


Feb. T. Richard P. Mathews, Esq. qualified to practice law in this court.


John Young (of Charles) appointed a constable in the Eastern District of this county.


Occasionally insolvent debtors were confined in jail.


Mar. T. William Taylor qualified as Sheriff of the county and executed bond for $30,000.


James Harrison, Charles Taylor, John C. Harrison and Charles H. Greever appointed Deputy Sheriffs.


Christina Harman and Henry Harman dec'd. Appraisement of their estates ordered to be recorded.


Erastus G. Harman, Alexander Harrison, James C. Spotts, Thomas S. Carnahan and Hervcy G. Peery qualified as Justices of the Peace.


Rates and prices to be paid at all ordinaries within this county : "Dinner, 25 cents; supper and breakfast, each, 183/4 cents; for 1/2 pint brandy or whiskey, 121/2 cents; for 1/2 pint French brandy 25


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ANNALS OF TAZEWELL COUNTY, VIRGINIA.


cents ; for 1/2 pint rum or wine 183/4 cents ; lodging, 61/4 cents ; for 1 gallon corn or oats, 121/2 cents ; for horse at hay 12 hours 81/2 cents."


Kiah Harman appointed Deputy Surveyor of the county.


May T. Noted that William Cecil a Revolutionary soldier de- parted this life December 11th, 1836, leaving Nancy Cecil, his widow. .


June T. Robert Gillespie authorized to procure a seal for this court.


Charles F. Tiffany was elected Overseer of the Poor in the place of John Davidson, who was taken from this county by the forma- tion of the new county of Mercer.


Daniel Harman (D's Son) appointed Overseer of the Road.


David Hall, Jr., qualified to practice law in this court.


Frequent exemptions of men from payment of county taxes on account of old age and infirmity. Also exemption from working on public roads for same reason.


James Meek qualified as a Justice of the Peace, having been appointed by Wyndham Robertson, Lieutenant Governor and act- ing as Governor of the Commonwealth. Quite a number of appoint- ments, etc. recently made by said Lieutenant Governor.


"Ordered that a levy be laid on all lands and lots, and that fifty cents be collected from each tithable, and applied to the construc- tion of the Cumberland Gap Road. And that fifty cents be collected from each tithable to be applied to the construction of the road from the Cove across Clinch Mountain."


"Ordered that JOSHUA, a slave, belonging to the estate of the late Henry Harman, dec'd, be exempted from the payment of county levy and poor rates, on account of old age and infirmity."


"It appearing to the satisfaction of the Court by the testimony of respectable witnesses that William McGuire late of Tazewell County, State of Virginia, a revolutionary pensioner departed this life on the 5th day of March, 1837 leaving no widow, and that the said William McGuire left nine surviving children who are still living, to wit, Polly Wingo, wife of William Wingo, late Polly McGuire, Hannah Johnston, wife of Daniel Johnston, late Hannah McGuire, Nancy McGuire, Ellen Huckley, wife of Johua Hucklev. late Ellen McGuire, Joshua McGuire, William McGuire, John McGuire and Priscilla Chrum, wife of Henry Crum and that these are the only children left by the said McGuire, Rachel Lewis, wife


-


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ANNALS OF TAZEWELL COUNTY, VIRGINIA.


of Benjamin Lewis, one of the children of said William McGuire, having previously departed this life leaving - - her children and heirs. The Court orders these facts to be spread on the reecord."


"Ordered that the county be divided into two districts for con- stables by the Batallion line."


Twenty-four magistrates present and voting for constables.


Constables elected in the Eastern District: Addison Crockett, Jeremiah Lambert, Joseph H. Wynne, Charles H. Greever and Henry P. McDowell.


Constables elected for the Western District; Thomas H. Gilles- pie, Samuel Laird, Daniel Horton, Jr., Witten Cecil, John Young, Jacob Webb, Edward Harrison and Reese Crabtree.


William Cox allowed the sum of $24.00 for his services as Direc- tor of the Cumberland Gap and Price's Turnpike road on the part of this county.


Sept. T. George P. Thompson appointed constable in Eastern Dist. in the place of Addison Crockett, resigned.


Nov. T. Joseph Moore elected Commissioner of the Revenue for the Eastern District; and Bird Lockhart for the Western Dist.


"George W. G. Browne directed to transcribe the proceedings of this court from the 6th day of May, 1800 to Feb 11th, 1802, as contained in a paper book filed in the office ; also records from March 14th, 1805 till 22nd May 1810; and also from the 21st day of March 1831 to 23rd November 1831; also Execution Book from August court 1800 to July 6th 1822." It appears from this Order that some kind of court proceedings were had in May, prior to the June term, which has previously been recorded wherein Henry Harman was "allowed $2.00 for trouble in holding the first court at his house" This does not change the fact that the first court was held at the home of Henry Harman, Jr. It only implies that some court pre- liminaries had been held there in May, as the Act fixes the first term to be held at said Harman's.


Dec. T. Christopher A. Tabler, Esq. qualificd to practice law in this court.


Ordered an election for overseers of the Poor. Only freeholders and housekeepers are qualified to vote in said election.


Har-16


242


ANNALS OF TAZEWELL COUNTY, VIRGINIA.


1838


Jan. T. The right of Robert Morris in 75,000 acres of land was ordered to be conveyed.


The Justices having met for the purpose of electing a Clerk of the Court for a term of seven years, three candidates presented themselves, to wit: John Crockett, James C. Spotts and George W. G. Browne. On first ballot Crockett received twelve votes, Spotts ten and Browne ten. On second ballot Crockett received twelve, Spotts ten and Brown ten. On third ballot viva voce in open court the vote was unchanged. The court thereupon took a short recess, and on reassembling James C. Spotts withdrew his name and the following votes were cast: for Crockett thirteen, and Browne nine- teen, William Gillespie declining to vote. Thereupon George W. G. Browne was declared duly elected for a term of seven years.


Erastus G. Harman was nominated for the office of assistant assessor for the Eastern District and William Barnes was nominated for Western District. Recommendations to the Governor for ap- pointment of these two men.


July T. David P. Atkins appointed Constable in the Western District in the place of John Luster, resigned.


Thomas Davis appointed Deputy Surveyor of the county on motion of Hez Harman, Surveyor.


Thomas S. Gillespie was elected Commissioner of the Revenue for the Eastern District and William Thompson for the Western District.


Henry Bowen qualified as Sheriff of this county. William P. Wynne, David Gose, James McNeil and John Young, qualified as his deputies.


1839


Jan. T. Hezekiah Harman produced a Commission under the hand of the Governor, and with the seal of the Commonwealth thereto affixed, appointing him Surveyor of this county for the term of seven years from the date hereof.


Feb. T. Andrew S. Fulton admitted to practice law in this court. The compiler of these records was present in Bland County Court about 1867 or 1868 when Adrew S. Fulton, who was then Circuit Judge, announced his resignation because he refused to take the "Iron Clad Oath"




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