USA > Virginia > Tazewell County > Tazewell County > Annals of Tazewell County, Virginia from 1800 to 1922 > Part 3
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Powell Mountain is in practically the exact location of the "Wilder- ness Road.
"The road passes down Wallen Creek to Stickleyville.
Beyond the present Stickleyville the road passed over Wallen Ridge and reached Powell Valley on Station Creek. . Five miles down Station Creek Valley from Wallen Ridge was situated Valley Station. . . . From Station Creek the old road followed directly west to Jonesville along a direct but now little used road.
On the retaining wall of the yard of the courthouse at Jonesville is one of the Boone markers. From Jonesville to within a few miles of Cumberland Gap the old road is preserved practically in the present direct road between these points which is now a State road. From Boone's Path to Cumberland Gap a modern graded road has been built which, for the most part, is in the location of the old road. Half a mile east of the village of Rose Hill, the road crossed Martins Creek. Martin's Station was located a mile south of this point. Martin's Station was the important station on the road between the Blockhouse and Crab Orchard. It was the station of Captain Joseph Martin, who was Virginia Agent for Indians Affairs. Martin was living at this station when Boone and Henderson made their journeys in 1775.
Beyond Martin's Station the road passed into the valley of Indian Creek and followed down this valley almost to Cumberland Gap."
We will not follow the location of the "Wilderness Road" beyond Cumberland Gap. The distance from the Blockhouse to Boonesborough, Kentucky, is a little over two hundred miles.
Based on the account given by H. Addington Bruce in his "Daniel Boone and the Wilderness Road" we give the following abridged account of the doings at the "Seat of government" which Boone founded. The "Wilderness Road" to Kentucky was begun at the Blockhouse, on the Holston, March 10, 1775, by thirty men, under the direction of Colonel Daniel Boone, and within fifteen days they had completed the road to within fifteen miles of Boonesborough, Kentucky.
Boone and his party were employed by Richard Henderson of North Carolina, to blaze this trail, cut the brush and logs, making it wide enough for horses laden with goods, wares and merchandise fastened to packsaddles. Henderson, having purchased that section of Kentucky from the Cherokees formed a company called the
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
Transylvania Company for the purpose of colonizing same. Boone's instructions from Henderson were as follows: "To cleave a road through the wilderness and select a seat of government for the proposed colony."
Soon after Boone and his party of road cleavers reached their destination, Henderson with a party of about fifty joined them and they proceeded to lay the foundation of the new government. Elections were held about May 20, 1775, and three days after, the delegates gathered at Boonesborough where they met under a giant elm. The Boonesborough delegation was composed of Daniel and Squire Boone, William Cocke, Richard Callaway, William Moore, and Samuel Henderson. The delegation from Harrodstown: Thomas Slaughter, Dr. John Lythe, Valentine Harman and James Douglas. The Boiling Spring delegation: James Harrod, Nathan Hammond, Azariah Davis and Isaac Hite. St. Asaph delegation: John Todd, Samuel Wood and Alexander Spottswood Dandridge. The proceed- ings were opened by prayer by Dr. Lythe, who was a clergyman of the Church of England. Thomas Slaughter was elected presiding officer. The three proprietors-Henderson, Hart and Luttrell- were then notified that the "Transylvania House of Delegates" was duly organized and would be pleased to hear any suggestions they might have to make.
"In 1776 the Legislature of Virginia passed an act organizing Kentucky County, which included within its boundaries the splendid section of country which Henderson had bought from the Cherokees. With this Act, Transylvania became only a memory and the ambi- tious project of the Transylvania partners was ended forever."
CHAPTER I.
ORGANIZATION OF THE MILITIA; ORIGIN AND HISTORY OF JUSTICES OF THE PEACE; EXTRACTS FROM THE CONSTITUTIONS OF 1776, 1830 AND 1851; GENERAL ASSEMBLY ; QUALIFICATIONS FOR MEM- BERSHIP THEREIN, AND QUALIFICATIONS FOR VOTING AND HOLD- ING OFFICE.
MILITIA.
On March 9, 1819, the following Act of the General Assembly was passed (see Revised Code of 1819, page 93).
Whereas a well regulated Militia constitutes the great defence of a free people, and it is expedient to carry into effect the laws of the Congress of the United States, providing for the national de- fence by establishing an Uniform Militia throughout the United States:
1. "Be it therefore enacted that the counties of Washington, Russell, Lee, Scott, Grayson and Tazewell shall compose one Bri- gade. . .
2. "The several counties and corporations within this common- wealth, shall constitute the battalion, portion of Battalion, Regi- ment, or portions of Regiment, as now established: Provided, that it shall be lawful for the executive to divide or alter the regimental districts in the several counties, as circumstances may require," etc.
3. "And every Battalion shall, if convenient, be formed into five companies; each company to consist of not less than sixty men, including non-commissioned officers, musicians and privates, nor more than one hundred and eight, officers included," etc.
4. "There shall be a Adjutant General for the Militia of the state, a Major General to each Division, and a Brigadier General to each Brigade, to be appointed by the joint ballot of both houses of the General Assembly, who shall reside within the limits of their respective commands; and there shall be a Colonel, Lieutenant- Colonel, and Major to each Regiment, and a Captain, Lieutenant
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
and Ensign to each Company, who shall be appointed and commis- sioned agreeable to the constitution and laws of this Common- wealth," etc.
44. "There shall be a muster of each troop of Cavalry and com- pany of Artillery in the months of April and October in every year, at such places as a majority of the members constituting the said troop or company, shall, from time to time, fix upon; and it shall be the duty of the commanding officer of any such troop or company, and he is hereby required, at each and every muster, to call his roll, examine every person belonging thereto, and note down all delin- quiencies occuring therein, and make return thereof, to the Com- manding Officer of the Batallion," etc.
45. "There shall be a muster in each company of Militia, in- cluding the light companies, in the months of April and October in every year. And there shall be a muster of each Batal- lion in the month of October or November in every year, etc ..
48. "It shall be the duty of every Commanding Officer of a Regiment, Batallion or Company, at their respective musters, to keep their respective corps under arms for a period of at least two hours, and to cause them to be trained and exercised, agreeably to the moode of discipline prescribed by congress," etc.
JUSTICES OF THE PEACE.
During the period-from 1800 to 1852-covered by Volume One of the ANNALS OF TAZEWELL COUNTY, the most important institu- tion in the Government of the County was the County Court, which was composed of Justices of the Peace. Inasmuch as this volume contains many orders entered by the County Court at its monthly and quarterly terms, it will be interesting to a large number of our readers to know something of the history of the Justices of the Peace.
From "Henning's Justice," 3d Edition, 1820, beginning at page 417, we quote as follows:
"The term 'Justices of the Peace,' though familiar in England long before the settlement of Virginia, was not introduced into the laws of the colony until the year 1661. From the earliest period of our settlement (in 1607) to the year 1629, 'commanders of planta- tions' are alone mentioned in our laws, as persons authorized to
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
exercise civil jurisdiction. They also possessed the supreme mili- tary command of the settlement. A commission expressing their powers and jurisdiction, may be seen in the 1st vol. of the Statutes at Large, page 181. In the year 1629, 'commissioners of monthly courts' were appointed by commission from the governor, and had jurisdiction in civil cases and petty offences only. In 1632, similar commissions issued to different parts of the colony, styling the persons appointed 'commissioners,' for the places to which they were assigned; and after specifying their jurisdiction, in matters civil and criminal, they were moreover empowered 'to do and execute whatever a justice of the peace or two or more justices of the peace might do,' according to the laws of England. The term 'commis- sioners' was, however, generally used in our ancient statutes, till by degrees that of 'Justices of the Peace' was adopted."
By the fifteenth article of the Constitution of Virginia, June, 1776, it was provided: "The governor, with the advice of the privy council, shall appoint justices of the peace for the counties; and in case of vacancies, or a necessity of increasing the number hereafter, such appointments to be made upon the recommendation of the respective county courts.'
The judges of the supreme courts, as well as the justices of the peace, are expressly declared by statute, to be "conservators of the peace."
Extracts from the First Constitution of Virginia, Adoped June 29, 1776.
"The Legislative shall be formed of two distinct branches, who, together, shall be a complete Legislature. They shall meet once or oftener, every year, and shall be called the General Assembly of Virginia.
"One of these shall be called the House of Delegates, and con- sist of two Representatives to be chosen for each county, and for the district of West Augusta, annually, of such men as actually reside in and are freeholders of the same, or duly qualified according to law, and also one Delegate or Representative to be chosen annually for the city of Williamsburg, and one for the borough of Norfolk, and a Representative for each of such other cities and boroughs as may hereafter be allowed particular representation by the Legislature."
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
"The other shall be called the Senate, and consist of twenty-four members, of whom thirteen shall constitute a House to proceed on business, for whose election the different counties shall be divided into twenty-four districts; and each county of the respective dis- trict, at the time of the election of its Delegates, shall vote for one Senator, who is actually a resident and free-holder within the dis- trict, or duly qualified according to law, and is upwards of twenty- five years of age."
"A Governor, or Chief Magistrate, shall be chosen annually, by joint ballot of both houses."
"A Privy Council or Council of State, consisting of eight mem- bers, shall be chosen by joint ballot of both Houses of Assembly, either from their own members or the people at large, to assist in the administration of government. They shall annually choose out of their own members a President, who in case of the death, inability, or necessary absence of the Governor from the government, shall act as Lieutenant Governor."
Qualification of Voters. Act Passed 1785.
"Every white male citizen, aged twenty-one years, being pos- sessed of twenty-five acres of land with a house, the superficial con- tent of the foundation whereof is twelve feet square, or equal to that quantity, and a plantation thereon, or fifty acres of unimproved land, or a lot or part of a lot of land in a City or Town with a house thereon,"
"Any Elector qualified according to this Act, failing to attend any annual election of Delegates or of a Senator, and if a poll be taken, to give or offer to give his vote, shall pay one-fourth of his portion of all such levies and taxes as shall be assessed and levied in his County the ensuing year;"
An Amended Constitution or form of Government for Virginia. Adopted 1830.
"The House of Delegates shall consist of one hundred and thirty-four members, to be chosen annually for and by the several counties. The twenty-six counties lying west of the Alleghany mountains to have 31 delegates ;" Tazewell County being entitled to one delegate.
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
"The other house of the general assembly shall be called the senate, and shall consist of thirty-two members, of whom thirteen shall be chosen for and by counties lying west of the Blue Ridge of mountains,"
"The counties of Tazewell, Wythe and Grayson shall form a district.""'
Members of the house of delegates must have attained the age of twenty-five years, and members of the senate, thirty years.
Ministers of the gospel and priests of every denomination shall be incapable of being elected members of either house of assembly.
Qualification of Voters. 1830.
The voter must be possessed of freehold in land of the value of twenty-five dollars, the evidence of title to which must have been recorded two months before he shall offer to vote, and every such citizen who shall own and be himself in actual occupation of a leasehold estate, with the evidence of title recorded two months before he shall offer to vote. The term of the leasehold must not be less than five years, and the annual value or rent of twenty dol- lars; and must be a housekeeper and head of a family within the county or election district, and shall have been assessed and paid taxes within the preceding year.
In all elections the vote shall be given openly and not by ballot.
The Governor is to be elected by the joint vote of the two houses of the general assembly. He shall hold office for a term of three years and shall be ineligible to that office, for three years next after his term of service shall have expired.
There shall be a council of state, to consist of three members, any one or more of whom may act. They shall be elected by joint vote of both houses of the general assembly, and remain in office three years. The governor shall, before he exercises any discre- tionary power conferred on him by the constitution and laws, require the advice of the council of state, which advice shall be registered in books for that purpose, signed by the members present and con- senting thereto, and laid before the general assembly when called for by them. The senior councillor shall be lieutenant governor, and in case of the death, resignation, inability or absence of the governor from the seat of government, shall act as governor."
Har-3
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
Extracts from the Amended Constitution of Virginia, 1851.
"Every white male citizen of the commonwealth of the age of twenty-one years, who has been a resident of the state for two years, and of the county, city or town where he offers to vote for twelve months next preceding an election-and no other person-shall be qualified to vote for members of the general assembly and all officers elective by the people;" There is excluded, however, from this provision of universal male suffrage, the pauper, those of unsound mind and those who have been convicted of bribery in an election, or of any infamous offense."
Under this constitution, the House of Delegates consisted of one hundred and fifty-two members, to be chosen biennially for and by the several counties, cities and towns of the commonwealth.
"At the first general election, the county of Russell shall elect two delegates, and the county of Tazewell shall elect one delegate; at the second general election, the county of Tazewell shall elect two delegates, and the county of Russell shall elect one delegate; and so on, alternately, at succeeding general elections. £ .
"The Senate shall consist of fifty members to be elected for a term of four years."
The counties of Mercer, Monroe, Giles and Tazewell form the Fortieth Senatorial District.
Members of the House of Delegates must be twenty-one years of age; and members of the Senate must be twenty-five years of age.
"The governor shall be elected by the voters, at the times and places of choosing members of the general assembly.
"A lieutenant governor shall be elected at the same time and places, and for the same term as the governor.
"In case of the removal of the governor, or of his death, resigna- tion or inability etc. . ., the duties of the governor shall devolve upon the lieutenant governor ; The lieutenant governor shall be president of the Senate."
County Courts.
"There shall be in each county of the commonwealth a county court, which shall be held monthly, but not less than three nor more than five justices, except when the law shall require the presence of a greater number.
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
The jurisdiction of the said court shall be the same as that of the existing county courts, except so far as it is modified by this constitution, or may be changed by law.
Each county shall be laid off into districts, as nearly equal as may be in territory and population. In each district there shall be elected, by the voters thereof, four justices of the peace, who shall be commissioned by the governor, reside in their respective districts, and hold their offices for the term of four years. The justices so elected shall choose one of their own body, who shall be the presiding justice of the county court, and whose duty it shall be to attend each term of said court. The other justices shall be classi- fied by law for the performance of their duties in court.
The justices shall receive for their services in court a per diem compensation, to be ascertained by law, and paid out of the county treasury; and shall not receive any fee or emolument for other judicial services.
The power and jurisdiction of justices of the peace within their respective counties shall be prescribed by law.
County Officers.
1190736
The voters of each county shall elect a clerk of the county court, a surveyor, an attorney for the commonwealth, a sheriff, and so many commissioners of the revenue as may be authorized by law, who shall hold their respective offices as follows: The clerk and the surveyor for the term of six years; the attorney for the term of four years; the sheriff and the commissioners for the term of two years. Constables and overseers of the poor shall be elected by the voters as may be prescribed by law.
The officers mentioned in the preceding section, except the attor- neys, shall reside in the counties or districts for which they were respectively elected. No person elected for two successive terms to the office of sheriff, shall be re-eligible to the same office for the next succeeding term; nor shall he during his term of service, or within one year hereafter, be eligible to any political office.
The justices of the peace, sheriffs, attorneys for the common- wealth, clerks of the circuit and county courts, and all other county officers, shall be subject to indictment for malfeasance, misfeasance or neglect of official duty; and upon conviction thereof, their offices shall become vacant."
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
"Done in convention in the city of Richmond, on the first day of August, in the year of our Lord one thousand eight hundred and fifty-one, and in the seventy-sixth year of the commonwealth of Vir- ginia.
JOHN Y. MASON, President of the Convention.
S. D. WHITTLE,
Secretary of the Convention."
CHAPTER II.
GOVERNORS, MEMBERS OF CONSTITUTIONAL CONVENTIONS AND MEM- BERS OF THE GENERAL ASSEMBLY OF VIRGINIA FROM 1800 TO 1852.
This chapter is taken from "A Register of the General Assembly of Virginia, 1776 to 1918, and of the Constitutional Conventions", by Earls G. Swem, Assistant State Librarian, and John W. Williams, Clerk of the House of Delegates.
GOVERNORS.
PATRICK HENRY. July 5, 1776-June 1, 1779.
THOMAS JEFFERSON. June 1, 1779-June 12, 1781.
THOMAS NELSON. June 12, 1781-November 30, 1781 (re- signed).
BENJAMIN HARRRISON. November 30, 1781-November 30, 1784.
PATRICK HENRY. November 30, 1784-November 30, 1786.
EDMOND RANDOLPH. November 30, 1786-November 12, 1788 (resigned).
BEVERLEY RANDOLPH. November 12, 1788-December 1, 1791. HENRY LEE. December 1, 1791-December 1, 1794.
ROBERT BROOKE. December 1, 1794-November 30, 1796. JAMES WOOD. November 30, 1796-December 6, 1799. JAMES MONROE. December 19, 1799-December 29, 1802. JOHN PAGE. December 29, 1802-December 11, 1805.
WILLIAM H. CABELL. December 11, 1805-December 12, 1808. JOHN TYLER, SR. December 12, 1808-January 15, 1811.
JAMES MONROE. January 19, 1811-April 3, 1811 (resigned to become Secretary of State).
GEORGE WILLIAM SMITH. April 3, 1811-December 26, 1811 (lost his life in the burning of the Richmond theater).
PEYTON RANDOLPH. December 26, 1811-January 4, 1812. JAMES BARBOUR. January 4, 1812-December 11, 1814.
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
WILSON CARY NICHOLAS. December 11, 1814-December 11, 1816.
JAMES P. PRESTON. December 11, 1816-December 11, 1819.
THOMAS MANN RANDOLPH. December 11, 1819-December 11, 1822.
JAMES PLEASANTS. December 11, 1822-December 11, 1825. JOHN TYLER, JR. December 11, 1825-March 4, 1827.
WILLIAM B. GILES. March 4, 1827-March 4, 1830.
JOHN FLOYD. March 4, 1830-March 31, 1834.
LITTLETON WALLER TAZEWELL. March 31, 1834-March 30, 1836.
WYNDHAM ROBERTSON. March 30, 1836-March 31, 1837. DAVID CAMPBELL. March 31, 1837-March 31, 1840.
THOMAS WALKER GILMER. March 31, 1840-March 20, 1841. JOHN MERCER PATTON. March 20, 1841-March 31, 1841. JOHN RUTHERFORD. March 31, 1841-March 31, 1842. JOHN MUNFORD GREGORY. March 31, 1842-January 5, 1843. JAMES McDOWELL. January 5, 1843-January 1, 1846. WILLIAM SMITH. January 1, 1846-January 1, 1849. JOHN BUCHANAN FLOYD. January 1, 1849 -- January 1, 1852. JOSEPH JOHNSON. January 1, 1852-January 1, 1856.
CONSTITUTIONAL CONVENTIONS.
MEMBERS REPRESENTING TAZEWELL COUNTY.
1776-Convention met May 6, 1776, and adjourned July 5, 1776. Fincastle County: Arthur Campbell and William Russell. 1788-Convention met June 2, 1788, and adjurned June 27, 1788. This Convention was called to consider the Federal Consti- tution. Montgomery County: Walter Crockett and Abraham Trigg. Russell County: Thomas Carter and Henry Dicker- son.
1829-30-Convention met October 5, 1829, and adjourned January 15, 1830.
Washington, Lee, Scott, Russell and TAZEWELL: John B. George, Andrew McMillan, Edward Campbell and William Byars.
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
1850-51-Convention met October 14, 1850, and adjourned August 1,1951.
Mercer, Giles, TAZEWELL and Monroe Counties: Augustus A. Chapman, Allen T. Caperton and Albert G. Pendleton.
MEMBERS WHO REPRESENTED TAZEWELL COUNTY IN THE GENERAL ASSEMBLY OF VIRGINIA FROM 1801 TO 1852.
Session: December 7, 1801-February 2, 1802. House of Delegates: Thomas Witten and David Ward.
Senate: James P. Preston. At this time the Senatorial District was composed of the counties of Botetourt, Greenbrier, Kanawha, Montgomery, Monroe, Lee, Grayson, TAZEWELL, Russell, Wash- ington and Wythe.
Session : December 6, 1802-January 29, 1803. House of Delegates: David Ward and Thomas Witten. Senate: James P. Preston.
Session : December 5, 1803-February 3, 1804. House of Delegates: John Grills and Henry Bowen. Senate: James P. Preston.
Session: December 3, 1804-February 1, 1805. House of Delegates : Henry Bowen and James Thompson. Senate: Daniel Sheffey.
Session: December 2, 1805-February 6, 1806. House of Delegates : William Neal and James Thompson. Senate: Daniel Sheffey.
Session: December 1, 1806-January 22, 1807. House of Delegates: James Thompson and Andrew Peery. Senate: Daniel Sheffey.
Session: December 7, 1807-February 10, 1808. House of Delegates: James Thompson and Andrew Peery. Senate: Daniel Sheffey.
Session: December 5, 1808-February 18, 1809. House of Delegates: James Thompson and John Cecil. Senate: Francis Smith.
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ANNALS OF TAZEWELL COUNTY, VIRGINIA.
Session: December 4, 1809-February 9, 1810. House of Delegates : James Thompson and David Ward. Senate: Francis Smith.
Session: December 3, 1810-February 14, 1811. House of Delegates: David Ward and John Cecil. Senate: Francis Smith.
Session: December 2, 1811-February 21, 1812. House of Delegates : James Thompson and John Cecil. Senate: Francis Smith.
Session: November 30, 1812-February 23, 1813. House of Delegates : John Ward and James Thompson. Senate: Henley Chapman.
Session: May 17-26, 1813; December 6, 1813-February 16, 1814. House of Delegates : John Ward and Joseph D. Peery. Senate: Henley Chapman.
Session: October 10, 1814-January 19, 1815. House of Delegates: James Thompson and John Ward. Senate: Henley Chapman.
Session: December 4, 1815-February 28, 1816. House of Delegates : James Thompson and Rees B. Thompson. Senate: Henley Chapman.
Session: November 11, 1816-February 22, 1817. House of Delegates: James Thompson and Rees B. Thompson. Senate: Francis Preston.
Session: December 1, 1817-February 26, 1818. House of Delegates : John B. George and Rees B. Thompson. Senate: Francis Preston.
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