USA > Virginia > Augusta County > Augusta County > History of Augusta County, Virginia > Part 10
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Being interrogated as to the value of the lands remaining unsold by Ben. Burden, she stated that one Harden, who, she understood, was an executor, and who was in this country after the death of young Ben. Bur- den, (which occurred from small-pox in 1753,) and after John Bowyer had married the widow, and who, she understood, was settling Burden's busi- ness-but she does not know by what authority-she recollects that said Harden offered to her brother, James, the unsold lands for a bottle of wine, if he would clear him of the quit rents. She also recollects that her said brother consulted with her father about the proposition, who advised him to have nothing to do with it, for it would probably run him into jail. This, she thinks, was shortly after Bowyer's marriage. She does not know whether Benj. Burden, jr., was distressed on account of the quit rents or not, but recollects that shortly before his death, Col. Patton was at her house; a horse of said Burden broke out and came there, which said Patton wished to have caught, that he might take him for some claims against said Burden, but she did not hear what. She had, however, said horse sent home, fearing that as there had been some misunderstanding between deponent's husband and said Burden about this land, he might think they had aided in said seizure. The deponent further states that her husband purchased 1,000 acres of land of old Burden at an early day
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for fifty shillings per hundred, which she understood he had located on the Turkey Hill, as it is called. After the death of old Burden, his son, Ben- jamin, disputed giving a deed for the whole quantity there, alleging it was all valuable land, and afterwards, for the sake of peace, it was agreed that a part should be taken there-a part joining Robert Cutton, which was sold to one Buchanan, and a part near John Davidson. This arrangement was made at the time Harden was present, as aforesaid, who seemed will- ing to give the land, and advised this deponent, whose husband was then abroad, to agree to take it at those places, which she did. All the land purchased by her husband was purchased from old Burden; indeed, he had purchased this 1,000 acres before they came to the tract, at Lewis', as before stated, provided he liked the land when he saw it, which he did.
The deponent being asked what she knew of the persons named in a mutilated paper purporting to be an account of entries and sales, beginning at " No. 1-McDowell, Jno., to No. 22-Moore, Andrew," on the first side, where the papers appeared to be torn off; beginning on the other side at " No. 42-Martin, Robt., and ending at No. 62, at Brown, Robt.," and whether those persons were settled in the grant at an early day or owned lands in it ?
Answered-That she knew a number of the persons therein named. Many of them lived in Beverley Manor, and others in the Calf Pasture, and elsewhere, but she did not know many of them to have lands in Bur- den's tract. The McDowells and her husband she had before spoken of. She also knew John Moore, who settled at an early day where Charles Campbell now lives; Andrew Moore, who settled where his grandson, Wm. Moore, now lives. Wm. McCausland also lived in the grant, as did Wm. Sawyers and Robt. Campbell, Sam'l Woods, John Mathews, Rich- ard Woods, John Hays, Chas. Hays, his son, Sam'l Walker, &c., all of whom settled in the grant at an early day.
The deponent being interrogated if she knew Alex. Miller, and if he was an early settler?
Answered-That she did know said Miller. He was the first black- smith that settled on the tract. She recollects of his shoeing old Bur- den's horse, and understood he purchased land of said Burden. He lived on land adjoining one John McCroskey's land, who also purchased his land from old Burden. He also joined the plantation, now Stewart's mill- place, as she believes, whereon one Taylor, who, she believes, married Elizabeth Paxton, formerly lived. She recollects being at the burial of said Taylor, who was killed by the falling of a tree not long after his mar- riage. Said Miller's land, she has understood, has been in possession of people of the name of Teeford since the said Millers removed. The de- ponent recollects one McMullen, who resided some distance above the place where Robt. Stewart's mill now stands, but up the same branch, and near a spring. Said McMullen was living on said land, and had a daugh- ter married there when this deponent's daughter, Mary, was a sucking babe. She recollects this from having gone to the wedding when a daughter of said McMullen was married, and having left her child at home. Her daughter, Mary, was born, as appears from the register of her birth, in May, 1745. Humphrey's Cabins, as they were called, were over the hill, at another spring, not far from where said McMullen lived. She knows not from whom McMullen purchased, but rather thinks her brother, James McDowell, gave him a piece of land there for teaching
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school. There was no mill where Stewart's mill now is, in the lifetime of Ben. Burden, jr. John Hays' mill was the first mill in the grant, and built very early after the settlement.
The deponent said the people paid no quit rents for two years from the time the grant was first settled. She understood this exemption was granted by the Governor at the instance of one Anderson, a preacher. When they had to pay quit rents, they raised money by sending butter to New Castle, to Williamsburg, and other markets below, and got also in return their salt, iron, &c.
Being asked whether Joseph Burden was frequently in this country after the death of young Ben. Burden, she answered that he was frequently in this country some time after the death of said Benjamin. He called at her house, inquiring for a horse, and she thought she knew his name, and afterwards heard he lodged in the neighborhood, at one Wm. Campbell's. She saw him again at her house about twelve or fifteen years ago. He made some enquiries of her about her husband's estate or something of that kind. She does not recollect the particulars, but she had very little con- versation with him. She also heard of his being through this country some little time before this, but does not recollect how long, nor did she see him.
Question by the defendant's agent-Did not many persons, from time to time, in the lifetime of old Burden, settle in the grant, under an expec- tation of getting the lands at the usual price, and without first contracting with said Burden ?
Answer-I believe they did. I think many settled before they had an opportunity of seeing Burden, and Burden would frequently direct them to deponent's husband. to shew them the land, as they said.
Do you not believe that the first deeds were made for the cabin rights ? Answer-I suppose the cabin right, with such land as the settler had purchased, would be deeded together, and perhaps these were the first made.
Did Ben. Burden, jr., appear, when he first entered on the affairs of the estate, to be disposed to do justice to the devisees ?
Answer-I thought he did. He appeared to be a good man. She un- derstood he was the heir-at-law, and did not hear of the sisters' claims, except to five thousand acres, which she understood had been assigned to them on Catawba, where the land was good.
Did he ever leave this country and go to Jersey, after he came up and got married ?
Answer-No, I believe he did not. I am pretty confident he did not.
Did you know of Archibald Alexander and Magdalen Bowyer selling lands ?
Answer-I did not know they were executors, and had a right to sell. I understood John Bowyer sold a great deal and gave away a great deal. Alexander was as respectable a man as any I knew. Bowyer, she under- stood, claimed what Ben. Burden claimed, though she had no conversation with him about his claim.
Being asked whether Alexander paid Burden any money on account of the estate ?
Answered-She never heard that he had, and from her intimacy with the wife of said Bowyer, she believes she would have heard of it, had it taken place.
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Question by same-When Burden produced his right to the land, as you have stated. were you not satisfied, and did not the company appear satisfied, that the right was completely in him ?
Answer-Yes, the papers appeared perfectly satisfactory.
Did you not understand that your brother, James McDowell, built a cabin and purchased the land where Thos. Taylor, above mentioned, resided ?
Answer-My brother, James, purchased a considerable tract, perhaps four or five hundred acres, either at or where Stewart's mill now stands. It run, as she understood, on a large hill, but whether in one or two tracts, she knows not. This tract, she understood, he sold to some person, but does not know who. She does not know whether he had it surveyed or not, but supposes it was merely designated by general boundaries. She thinks if she was on the land, she could point out the tree whereon his name was cut, if it is yet standing. It stood near a deep hole in the creek. Knows not how he acquired it, but understood he had built a cabin on it and saved a cabin right, but never saw the cabin, nor does she know where it stood, but the land was called his very shortly after they went to the grant, and in the lifetime of old Burden.
Sworn before us, 10th November, 1806.
JOSEPH WALKER, J. GRIGSBY.
Burden succeeded in procuring the erection of ninety-two cabins within two years, and received his patent from the Governor, dated Nov. 8, 1759. He died in 1742, and his will is on reeord in Frederick county.
ORIGINAL DOCUMENTS, ETC.
Section II .- Deed for 200,000 acres of land from the Chiefs of the Six United Nations to G. Croghan, November 9th, 1768.
To all people to whom these presents shall come-Greeting : Know ye, that we, Abraham, a Mohawk chief; Sennghors, an Oneida chief; Che- naugheata, an Onondaga chief; Tagaaia, a Cayuga chief, and Gaustrax, a Seneca chief, chiefs and sachems of the Six United Nations, and being and effectually representing all the tribes of the Six United Nations, send greeting. Whereas, Johonerissa Scaroyadia, Cosswentanica, chiefs or sachems of the said Six United Nations, did, by their deed duly executed, bearing date the 2nd day of August, 1749, for and in consideration of the following goods and merchandise being paid and delivered to them at a full council of the Six United Nations, Delawares and Shawanese, held at Logstown, on the river Ohio, on the 2nd of August, 1749, that is to say : 240 strouds*, 400 Duffield blankets, 460 pair of half thick stockings, 200 shirts, 20 pieces of calico, 20 pieces of callimancoe, 20 pieces of embossed serge, fifty pounds of vermilliont, 50 gross of gartering, 50 pieces of rib- bon, 50 dozen of knives, 500 pounds of gunpowder, 1,000 of bar lead, 3,000 gun flints, 50 pounds of brass kettles, 400 pounds of thread, 1,000 needles, ten dozen jews-harps, 20 dozen tobacco tongs, and 100 pounds of tobacco : Grant and sell unto George Croghan, of the Province of Pennsylvania. Esquire, in fee, a certain tract or parcel of land, situate, lying and being on the southernly side of the river Monongehela : Begin- ning at the mouth of a run nearly opposite to Turtle creek, and then down
*Strouding is a coarse cloth.
tThe Indian kept the record of his wounds by shining marks of vermillion on his skin.
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HISTORY OF AUGUSTA COUNTY.
the river Monongehela to its junction with the river Ohio, computed to be ten miles ; then running down the eastern bank and sides of and unto the said river Ohio to where Raccoon creek empties itself into the said river ; thence up the said creek ten miles, and from thence on a straight or direct line to the place of beginning on the aforesaid river Monongehela, con- taining, by estimation, one hundred thousand acres of land, be the same more or less. And, whereas, the said Johonerissa Scaroyadia and Coswen- tanica, chiefs or sachems, as aforesaid, for the consideration hereinafter mentioned to them in full council, as aforesaid, paid and delivered, that is to say : 140 strouds, 240 Duffield blankets, 275 pair of half thick stockings, 120 shirts, 12 pieces of calico, 12 pieces of callimancoe, 12 pieces of em- bossed serge, 30 pounds of vermillion, 12 gross of gartering, 30 pieces of ribbon, 30 dozen knives, 300 pounds of gunpowder, 600 of bar lead, 1,000 gun flints, 30 pounds of brass kettles, 4 pounds of thread, 500 needles, six dozen of jews-harps, six dozen tobacco tongs, and 50 pounds of tobacco, did, by one other deed, bearing date the same day and year last aforesaid, grant, bargain and sell unto the said George Croghan, in fee, one other tract or parcel of land, situate, lying and being on the river Yoxhiogeni, including the Indian village called the Seurchly, old town; the same tract or parcel of land containing 15 miles in length, on the said river, and ten miles in breadth, and including the lands on both sides of the said river Yoxhiogeni, which, 15 miles in length and ten miles in breadth, he, the said George Croghan, has liberty to locate either upon or down the said Yoxhiogeni, but nevertheless in such manner so as to include and locate the said Indian village and land called the Seurchly, old town, which said tract or parcel of land contains, by estimation, 60,000 acres, be the same more or less.
And, whereas, the said Johonerissa Scaroyadia and Cosswentanica did , by one other deed, bearing date the day and year last aforesaid, for the consideration herein mentioned to them in full council, paid and delivered, as aforesaid, that is to say, 96 strouds, 160 Duffield blankets, 184 pair of half thick stockings, 80 shirts, 8 pieces of calico, 8 pieces of embossed serge, 20 pounds of vermillion, 20 gross of gartering, 20 pieces of ribbon, 20 dozen of knives, 200 pounds of gunpowder, 400 of bar lead, 1,000 gun flints, 20 pounds of brass kettle, two pounds of thread, 500 needles, four dozen jews-harps, four dozen tobacco tongs, 50 pounds of tobacco, Grant, bargain and sell unto the said George Croghan, in fee, one other tract or parcel of land, situate, lying and being, and Beginning on the east side of the river Ohio, to the northward of an old Indian village, called Shanop- instown, at the mouth of a run called the two mile run; then up the said two mile run where it interlocks with the heads of the two mile springs, which empties into the river Monongehela ; then down the said two mile spring to the several courses thereof unto the sd. Monongehela ; then up the said river Monongehela to where Turtle creek empties itself into the same river ; then up the said Turtle creek to the first forks thereof; then up the north or northerly branch of the said creek to the head of the same ; thence a north or northerly course until it strikes Plum creek; then down said Plum creek until it empties itself into the river Ohio, and then down the said river Ohio to the place of beginning, where, as aforesaid, the two mile run discharges itself into the said river Ohio ; containing, by estima- tion, 40,000 acres, be the same more or less, which said several grants, bargains and sales, duly made and executed, by the last-mentioned chiefs
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or sachems, in pursuance of certain powers and authorities delegated to and vested in them for the purpose aforesaid by the chiefs or sachems of the Onondaga Council, in full council assembled ; and, whereas, the said first-mentioned chiefs or sachems of the Six United Nations, parties to these presents, are not only truly and sensible and convinced that the said George Croghan hath faithfully and justly paid and delivered unto Joho- nerissa, Scaroyadia and Cosswentanica, chiefs or sachems, as aforesaid, all and several the goods and merchandize herein particularly recited and mentioned, but of the great justice and integrity of the said George Cro- ghan, used and reserved by him towards the said Six Nations and their allies in all his public and private conduct and transactions, wherein they have been concerned : Now, know ye, therefore, that we, the said chiefs or sachems of the Six United Nations, in full council assembled, at Fort Stanwix, for and in consideration of the sum of five shillings to them in hand paid, by the said George Croghan, the receipt whereof they do hereby acknowledge, and for and in consideration of the aforesaid goods and merchandise. paid and delivered by him unto Johonerissa, Scaroya- dia, Cosswentanica, chiefs as aforesaid, have granted, bargained, sold and aliened, released, enfoeffed, ratified and fully confirmed, and by these pre- sents do grant, bargain, sell, alien, release, enfeoffe, ratify and fully confirm as to his Most Sacred Majesty George III, King of Great Britain, France and Ireland, Defender of the Faith, &c., his heirs and successors, for the use, benefit and behoof of the said George Croghan, his heirs and assigns, all those, the above described or mentioned tracts or parcels of land, granted, or intended to be granted, by the said several recited deeds as aforesaid, and also all mines, mineral ores, trees, woods, underwoods, wa- ters, and water-courses, profits, commodities, advantages, rights, liberties, privileges, hereditaments and appurtenances whatsoever the said several tracts or parcels of land belonging, or any way appertaining ; and also the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part or parcel thereof, and all the estate right, title, interest, use, property, possessions, claim and demand of them, the said Abraham, Sennghors, Sagnarisera, Chenaugheata, Tagaaia, Gaustrax, chiefs or sachems aforesaid, and of all and every other person and persons whatsoever, for belonging to said nations of, into and out of the premises, and every part and parcel thereof, to have and to hold the said several tracts and parcels of land, and all and singular the said granted or bar- gained premises, with the appurtenances, unto his said Majesty, his heirs and successors, to and for the only use, benefit and behoof of the said George Croghan, his heirs and assigns forever; and the said Abraham, Sennghors, Sagnarisera, Chenaugheata, Tagaaia and Gaustrax, for them- selves and for the Six Nations, and all and every other nation and nations, tributaries and dependants on the said Six United Nations, and their and every of their posterity, the said several tracts of land and premises, and every part thereof, against them, the said Abraham, Sennghors, Sagna- risera, Chenaugheata, Tagaaia and Gaustrax, and against the said Six United Nations, and their tributaries and dependants, and all and every of their posteritys, unto his said Majesty, his heirs and successors, to and for the only use, benefit and behoof of the said George Croghan, his heirs and assigns, shall and will warrant and forever defend, by these presents ; Provided, always, nevertheless, and it is the true intent and meaning of these presents, and the said Abraham, Sennghors, Sagnarisera, Chenaug- heata, Tagaaia and Gaustrax, do hereby covenant and agree to and with
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his said Majesty and his heirs and successors, to and for the only use, benefit and behoof of the said George Croghan his heirs and assigns, that if any or all of the said several tracts of land, or any part thereof, shall hereafter be found to be within the bounds and limits of a certain grant, bearing date the 4th March, 1681, made by Charles II, King of Great Britain, &c., to William Penn, esq., for the tract of country called and known by the name of Pennsylvania, that then, and in such case, his said Majesty, his heirs and successors, to and for the only use, benefit and be- hoof of the said George Croghan, his heirs and assigns, shall be permitted and shall have and enjoy full right, power and authority to survey and locate the said several quantities of 100,000 acres, 60,000 and 40,000 acres of land, be the same more or less, as contained within the limits and bounds of the said several and respective tracts or parcels of land men- tioned and described as aforesaid, in such quantities and in such parts and places of, in and within the lessioner grant of land or territory, which shall be ceded and granted at the conference aforesaid, to the said King of Great Britain by the chiefs or sachems of the said Six United Nations, anything herein contained to the contrary thereof in any wise notwith- standing.
In witness whereof the said chiefs and sachems, in behalf of ourselves, respectively, and in behalf of the whole Six United Nations aforesaid, have hereunto set our hands and seals, in the presence of the persons subscrib- ing as witnesses, hereunto at a Congress held at Fort Stanwix, aforesaid, this, the 4th day of November, in the year 9th of his Majesty's reign, and in the year of our Lord 1768.
The mark ABRAHAM, or TYAHANESERA, [The Steel] (L. s.) a chief of the Mohawks. of his nation.
WILLIAM, or SENNGHORS, a chief of the Oneidas.
The mark [The Stone] (L. s.) of his nation.
The mark
HENDRICK or SAGNARISERA, [The Cross] (L. s.) the chief of the Tuscaroras. of his nation.
The mark
BURT or CHENAUGHEATA, [The Mountain] (L. s.) a chief of the Onondagas. of his nation.
TAGAAIA, a chief of the Cayugas.
The mark [The Pipe] (L. S.) of his nation. The mark [The High Hill.] (L. s.) of his nation.
GAUSTRAX, a chief of the Senecas.
Sealed and delivered in the presence of us. The word "Croghan"* being first written on Rasures eleven times, and the words "and, or down tract," being first interlined.
*George Croghan was sub-Commissioner to Sir Wm. Johnson, who was commissioned to treat with the Indians, and met the representatives of more than twenty tribes in a grand council at Niagara, and in August, 1764, concluded a definite treaty at Detroit with them. Croghan accompanied the returning deputies of the Delawares and Shawanese to their homes in the West, and reached Vincennes, Indiana, June 15, 1764, which he describes in his journal as "a village of 80 or 90 French families."
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HISTORY OF AUGUSTA COUNTY.
Sealed and delivered in presence of us all, the foregoing interlineations, Rasures and writings on Rasures being first made.
WM. FRANKLIN, Governor of New Jersey,
FRE. SMYTH, Chief Justice of New Jersey.
THOMAS WALKER, Commissioner for Virginia.
RICHARD PETERS,
JAMES TILGHMAN, S of the Council of Pennsylvania.
JOHN SPINNER, Capt. in the 78th Regiment.
JOSEPH CHEW, of Connecticut.
JOHN WEATHERHEAD, of N. Y.
JOHN WALKER, of Virginia.
E. FITCH, of Connecticut.
THOMAS WALKER, JUNIOR, Virginia.
JOHN BALTER, Interpreter for the Crown.
CHAPTER V.
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As the people of the Valley were, considered as a religious community professing Christianity, divided into various sects and denominations, all justifying, explaining, and upholding their respective tenets, however va- rious or contradictory, by an appeal to the same Sacred Writings, we shall, without any remarks as to the propriety or impropriety of any one or the other, give a concise sketch of their external situation, as conducing to general information and a right understanding of the Augusta colony. To observe some order, let us commence with the Presbyterian Church, the first established in Augusta. Brief allusion has been made to its more obvious temporal effects upon the civil characters of its members and the 'community. Our limits will not admit of an elaborate statement of the causes which led to the emigration of the Scotch-Irish and their settlement in America. Our county was principally settled by these religious refugees who left Ireland after the siege of Londonderry, the entrance of the Prince Orange into London on the escape of James to France, the acceptance of the British throne by William and Mary, and the glorious revolution of 1688. We style this revolution glorious, not only because it aimed at just and worthy ends, but because established without any of those scenes of bloodshed and horror which have so generally been the accompani- ments of even beneficial and desirable changes. The highest eulogium that can be pronounced upon the revolution of 1688 is, that it has been England's last ; and the last, because, from the midst of servitude, the English people plucked freedom ; from anarchy, order ; obtained the au-
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HISTORY OF AUGUSTA COUNTY.
thority of law, security for property, peace and happiness in their homes, and representative government, as it exists to-day in that country. The Bill of Rights passed by Parliament in 1689, which limits the Royal pre- rogative, and clearly defines the rights of British subjects, is the only written law respecting the liberties of the British people, except Magna Charta.
But we are wandering from our path. These matters cannot be re- viewed here, however interesting in themselves, and however intimately connected with the settlement of our Valley. It must suffice to say, that after the siege of Derry, while the Episcopal Church was established in England and the Presbyterian in Scotland, the Irish, by whose bravery and sufferings mainly the Kingdom had been secured to the Prince of Orange, were compelled to pay their tithes to the Established Church, maintain their own ministers, and also suffer other disabilities consequent on an Establishment. And the prospects of the Presbyterians not being improved after Ireland was subdued by William, notwithstanding the passage of the Toleration Act, and favorable reports reaching Ulster from America, many were lured from their homes across the Atlantic. For half a century this emigration continued, and thousands of these poor suf- ferers found their way to our shores. Early in the eighteenth century they formed congregations in New England, some years previous to 1726 in Pennsylvania, and, as we have seen, came to our Valley in 1732, fixing their residence at Opeckon. Thence Lewis made his way to Bellefonte, and Presbyterian congregations were formed in Augusta by him and his Scotch-Irish neighbors previous to 1740. The Presbyterian Church, thus planted in the Valley, has become almost as much identified with the soil as the deep-rooted trees themselves. From its first seats in Pennsylvania and Western Virginia, it has spread throughout the West and South, be- coming the prolific mother of churches in a vast region.
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