USA > Virginia > Augusta County > Augusta County > History of Augusta County, Virginia > Part 27
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From the foundation of the Commonwealth, June 20th, 1776, down to 1831, the administration of law and equity was wholly separate in Vir- ginia, except in the county and corporation courts. The two jurisdictions of law and equity were lodged in the hands of two different judges. In 1802, the Commonwealth was divided into three districts, and a chancery court provided for each. Staunton was the seat of the chancery court for a district extending to the Ohio, and the first chancellor was John Brown, who served till 1814, and was succeeded by Allan Taylor, who served till the adoption of the new constitution in 1831. Henry J. Peyton was clerk of the chancery court until he removed from Staunton in 1814, and was succeeded by William S. Eskridge, who served till 1831.
At the same time, Staunton was the seat of a common law court, of which Archibald Stuart was elected judge.
In 1809, that arrangement was superceded by " Superior Courts of Law," held by a single judge twice a year in every county and corporation. Judge Stuart continued to preside, and in 1809, appointed John Howe Peyton Attorney for the Commonwealth, and Chesley Kinney clerk. Mr. Peyton was not at the time, nor had he ever been, a resident of Augusta, but was practicing in the Fredericksburg circuit, and was the distinguished representative of the people of Stafford in the Houseof Delegates of Vir- ginia. After his removal to Staunton, and while discharging the duties of Commonwealth's Attorney for this district, he served the session of 1808- 1809, in the Legislature for the county of Stafford. He discharged the duties of Commonwealth's Attorney, under the old constitution, until 1831, when the new constitution was adopted ; was reappointed under it, and served until 1838, when he was elected Senator for the Augusta and Rock- bridge district, and resigned.
In 1831, the law and equity courts were united, and L. P. Thompson, of Nelson county, was elected judge, and appointed N. C. Kinney clerk, who served till his death, in 1859, when his son, Alexander F. Kinney, was ap- pointed, and served until 1864, when Joseph N. Ryan was elected, and has been reëlected at each successive election to the present time.
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After the year 1790, little of interest occurred in the county for some years. The population, wealth and resources of the community continued to increase steadily and rapidly, but the public prosperity was impaired from this time forward by a considerable exodus or migration from the county to the west and southwest. Among the old families who have left the county are the Lewises, who removed to Bath, Monroe, Greenbrier and the Valley of the Kanawha, and have thence branched off into the south, the west and southwestern States ; the Prestons, who removed to Mont- gomery, and have since followed the path of the Lewises ; the Brecken- ridges, who settled in Kentucky ; the Gambles in Florida, and the Pat- tons and others in different quarters of the new States. Those who remained after 1790, continued to prosper, and the population increased steadily if not rapidly in spite of these migrations. Owing to the equality of fortune and simplicity of manners which still prevailed among the people, and the ease and comfort in which all lived, the inhabi- tants multiplied beyond the proportion of older communities corrupted by the vices of wealth and vanity.
In 1811, the Augusta Agricultural Society was formed,-one of the first ever established in Virginia, and a more particular notice of which will be given subsequently.
The encroachments of Great Britain upon the maratime rights of the United States had, for some years previous to 1812, been a subject of con- troversy between the two countries. No satisfactory concession had been made by the British Government after repeated negotiations. On the contrary, their depredations upon American commerce still continued. President Madison, as a last resort, recommended an appeal to arms, and war was declared June 18th, 1812, by the United States against Great Britain. The grounds of the war are set forth in the President's message to Congress, and need not be recited nor can the history of the war find a place here.
The people of Augusta immediately prepared for the contest, and on the 20th of June, 1812, formed a Military Association in Staunton to devise plans for military schools in which the recruits might be instructed. The following officers were elected at the first meeting: Robert Porterfield, president ; Alexander Nelson, vice-president ; James Bell, treasurer ; C. Johnson, secretary, and the following committee of correspondence ap- pointed : Gen. John Brown, John H. Peyton, William Boys, Thomas Jackson and James McNutt. The meeting also appointed a committee to prepare a plan of action, which said committee subsequently reported the following preamble and resolutions :
The committee to whom was referred a resolution of the Staunton Mil- itary Association, which has for its object the establishment of military schools in the counties of Augusta, Rockingham and Rockbridge, having
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had that object under consideration, beg leave to report the result of their deliberations and enquiries :
The committee deem it unnecessary to refer to any other authority than the good sense and honest feelings of every man to prove the great utility at all times, but more especially at this time, of military instruction to the people of this county. The subject, here at least, is a new and difficult one, and the committee are very sensible that any plan which they can suggest will have many palpable obstacles to encounter, and may be ex- posed to various others which they cannot foresee. They rely for every hope of success upon the acknowledged value of the object in view ; upon the patriotism of the people; upon the order of the present times, and upon the success of the experiment which this Society has made.
A military school, in which would be taught the complete discipline of a regiment, the different exercises of the rifle corps, the artillery and the in- fantry, together with the cavalry exercise of the sword, though it could not promise to teach the whole principles of war as a science, would cer- tainly promise much that would be eminently useful to every soldier and officer in the militia. And your committee cannot refrain from suggesting that a school for these purposes, successfully conducted, might serve as an introduction to some more extensive and some more perfect system of military education.
To obtain a person capable of conducting such a school would not al- ways be easy ; such a person is not very readily met with, and what is yet more difficult, funds to remunerate his services are to be raised by vol- untary contribution. But at present, judging from their own experience in this Society, your committee think that a person whose skill, informa- tion and zeal in military affairs would enable him to conduct such a school, may be found in your own commandant, and they hope that funds to compensate his services are within the reach of an active and spirited ex- ertion. They hope that the neighbouring counties of Rockbridge and Rockingham would consider the subject as worthy of their attention, and might be induced to unite with the people of Augusta in their endeavors to attain it. A sufficient number of subscribers in the County of Augusta alone would probably not be obtained to induce any one properly qualified to devote his time to their service. But by the union of Rockingham and Rockbridge this might be effected.
Your committee would therefore recommend to the Society the adop- tion of the following resolution :
Resolved, That subscriptions be opened in the County of Augusta un- der the immediate superintendence of a committee of seven persons, ap- pointed by this society, for establishing a military school in the town of Staunton, to be denominated the Staunton Military School, to commence on the 15th day of July next, and continue for one year thereafter, and be under the direction of Capt. George Turner, the. present commandant of this Society ; that the times of teaching and price to subscribers be regu- lated by said committee and the commandant in conjunction, so that the days of teaching be not less than one day in each fortnight, and the price to subscribers be not more than ten dollars per annum, payable quarterly in advance.
Resolved, That it be recommended to the commandant to endeavor to establish similar schools in the neighbouring counties of Rockingham and
28 ±
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Rockbridge, and that the committee aforesaid be instructed to invite, re- spectfully, the cooperation of those counties.
JOHN H. PEYTON, C. JOHNSON,
WILLIAM TAYLOR, WILLIAM YOUNG,
E. STRIBLING, JAMES CRAWFORD.
M. McCUE,
The opening of the war was, unfortunately, signalized by the surrender of Detroit, with 2,500 men, by Gen. Hull. Hull was charged with trea- son, cowardice, and unofficer-like conduct, was tried by court-martial and sentenced to death, but the sentence,-in consideration of Gen. Hull's great age and consequent mental incapacity,-was remitted by the President. The event, however, inspired the British with great enthusiasm and confi- dence. We cannot enter into the particulars of the war, the scenes of the conflict being, for the most part, far removed from Virginia. Virginia, however, did not entirely escape invasion. A British fleet, under Admiral Cockburn, in May, 1812, entered Chesapeake Bay and ravaged the coasts of Maryland and Virginia. He sought to capture Norfolk, but was de- feated by a flotilla of American gun-boats off Craney island, which stands at the entrance of Norfolk harbor. Cockburn withdrew, and took posses- sion of the unfortified and unprotected village of Hampton, where he com- mitted every species of outrage. The most uncontrolable excitement now burst over Virginia. A call was made for volunteers, and the people of Augusta responded with enthusiasm. Robert Porterfield, an old Revolu- tionary officer of skill and ability, then in the sixty-second year of his age, was commissioned Brigadier-General, and appointed John H. Peyton his chief-of-staff, and Dr. Williams, of Waynesboro, surgeon.
The companies marched to Camp Holly, near Richmond, and thence to Craney island, and as near as we have been able to ascertain, were officered as follows : Captains: B. G. Baldwin, C. Johnson, J. C. Sowers, (artillery); John Mathews, Hugh Young, (riflemen); Abraham Large, from the Cow- pastures; Christian Morris, Joseph Larew, Greenville; Samuel Doake, cavalry from neighborhood of Tinkling Spring; Samuel Steele, (Waynes- borough); Alexander Givens, (Mt. Meridian); George C. Robertson, (New Hope); W. G. Dudley, (Middle River); James Kirke, (Jenning's Gap); John Sperry and John H. Peck, commissaries.
These troops were quartered in barracks on the eastern slope of Betsy Bell, on Glendale, the estate owned, in 1882, by Col. George Lyttleton Peyton. There was plenty of pure water and good firewood at this point, and the land well adapted for military manœuvres. From this camp they were dispatched, as soon as trained and uniformed, to Camp Holly, near Richmond. We cannot follow the fortunes of this force. The war to which they so gallantly contributed their services, was terminated by the treaty of Ghent, which was signed by the commissioners of the two coun-
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tries on the 24th of December, 1814, and ratified by the President and Senate on the 17th of the following February. This was one of the most singular treaties ever signed. It made no provision in regard to the sub- ject for which the war was avowedly undertaken. It was, however, con- tended by the friends of the administration that, as the orders in council had been repealed, and the motives for impressment ceased with the wars in Europe, the grounds of the controversy no longer existed.
The termination of hostilities presented an opportunity for resuming the pursuits of private business and the great plans of improvement in Vir- ginia. Real estate rose rapidly in value, especially in the town of Staun- ton and its vicinity, and there was a rapid revival of prosperity in every portion of our county.
During the war thus closed, we have seen that Augusta contributed liberally in treasure and the services of her sons to the defence of the country, and her sons submitted to the toils and perils of the camp and field without a murmur. Hundreds paid the forfeit of their lives in a cli- mate fatal to their constitutions. Laying down the sword at the end of the war, the soldiers returned to their peaceful employments, and nothing of sufficient importance to be noticed by the annalist or historian occurred in her history, or, indeed, in that of the State, for many years.
In October, 1829, a general convention assembled in Rich mond to revise the State Constitution, which had existed from a period prior to the Revo- lution, and was therefore consecrated in the affections of a large portion of the people. Many of our leading citizens were in favor of the mixed basis of representation, and opposed a convention. The advocates of the white basis of representation were, however, in the ascendancy, and the delegates from this county were C. Johnson and B. G. Baldwin. The labors of the convention, though it was composed of men of wisdom, varied talents and ripe experience, resulted in no essential good, but in much practical mis- chief.
In 1835, Texas declared her independence of Mexico, and in 1836, adopted a constitution and elected a president. Her independence was acknowledged by the United States in 1837, and by England, France and Belgium in 1840. The question of her annexation to the United States was discussed in both countries, and she was finally admitted into the Union the 27th December, 1845, which resulted in a war between Mexico and the United States. To this war, Augusta contributed a volunteer company, under command of Capt. Harper and the following officers : R. H. Kinney, V. E. Geiger, William H. Harman, Lieutenants; George W. Allen, C. H. Ball, William Blackburn, C. G. Merritt, Sergeants ; William O. Bickle, L. Clarke, O. C. Lavelle and B. F. Imboden, Corporals. The company marched to Norfolk, where it took shipping for Corpus Christi, Texas, and landing, proceeded, under command of Col. Hamtramck, to
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whose regiment it was attached, up the Rio Grande. Col. Hamtramck served under Gen. Taylor in northern Mexico until the close of the war, but the regiment was never so lucky as to be in any engagement.
For many years previous to 1847, the people of Augusta had been anxious to secure more ample means of intercommunication, and a fresh impetus was given to the subject by the reviving prosperity resulting from the tariff of 1842. This led to meetings on the subject in different parts of the State. Among them one took place in Augusta, the proceedings of which we publish below :
At a meeting of the friends of internal improvement, held at the court- house, October 3rd, 1846, William Kinney, Esq., was called to the chair and Chapman Johnson, jr., appointed secretary.
John L. Peyton, Esq., now addressed the meeting in a pertinent and forcible speech upon the great importance of internal improvements, and the advantages that would accrue to the county and State from an exten- sion of the Louisa railroad. At the conclusion of his address, he offered the following preamble and resolutions, which were unanimously adopted :
" Whereas, the citizens of Augusta have witnessed with much pleasure the recent manifestations in both sections of the State of a disposition to improve the means of communication between the east and west. Regard- ing a judicious system of internal improvements as indispensable to the prosperity of the Commonwealth, they trust the spirit now spreading throughout the land is the harbinger of a brighter destiny for the Old Dominion. Should the great lines of communication between the east and the west be completed, they feel assured that there will be a rapid im- provement in the agriculture, manufactures, trade and commerce of Vir- ginia, and a consequent increase in her wealth and population. Enter- taining these views, a portion of the people of Augusta have met together in response to a call from their fellow-citizens of Bath and other counties, to give expression to their sentiments. Be it, therefore,
Resolved, Ist. That we cordially approve the proposition for the holding of a convention from those counties friendly to an extension of the Louisa railroad and the James river and Kanawha canal.
Resolved, 2d. That it is the opinion of this meeting that the convention should also consider and report upon such other schemes of improvement as may, in their opinion, be calculated to advance the great interests of the State.
Resolved, 3d. That twenty-five delegates be appointed by the chairman to represent the county in said convention.
The chairman, at his leisure, appointed the following delegates : John B. Baldwin, James Crawford, J. A. Cochran, J. A. Davidson, A. R. Givens, J. G. Fulton, K. Harper, Samuel Harnsbarger, T. J. Michie, I. Newton, John McCue, C. Johnson, jr., P. A. Heiskell, John L. Peyton, James Lil- ley, Joseph Smith, A. H. H. Stuart, H. W. Sheffey, James Points, J. B. Trimble, William Young, George Searight, L. Waddell.
The convention, as suggested, assembled in Staunton on the day recom- mended, October 30, 1846, and was attended by delegates from Albe- marle, Augusta, Bath, Greenbrier, Hanover, Louisa, Rockbridge and Richmond city, and was presided over by Dr. John Brokenborough, of
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Bath, with A. H. H. Stuart and T. J. Randolph as vice-presidents. The convention adopted resolutions in accordance with the recommendations of the Bath and Augusta meetings.
Another convention on the subject of internal improvements was held in Staunton, October 2, 1848, with delegates from Augusta, Alexandria, Alleghany, Bath, Botetourt, Fayette, Greenbrier, Jefferson, Frederick, Highland, Hampshire, Hanover, Kanawha, Mason, Monroe, Pocahontas, Rockbridge, Richmond city and Randolph. It was presided over by John S. Gallaher, of Frederick, and the secretaries were N. C. Kinney, D. A. Stofer and J. L. Peyton. The following resolutions were adopted :
Resolved, I. As the opinion of this convention, that the General Assem- bly should extend such liberal support to those great lines of improve- ment now being constructed, as would bring into market the abundant natural resources of the Commonwealth.
2. That the General Assembly should commence, without delay, mak- ing appropriations for the construction of a railroad on State account, suit- able for the transportation of heavy burthens from some point near the head of steamboat navigation, on the Kanawha river, to some point at or near Covington, having in view the ultimate extension to the most suitable point on the Ohio river.
3. That the Blue Ridge of mountains constitute a barrier to the com- munication between the eastern and western parts of the State, the removal of which barrier is an object of great interest to the whole Com- monwealth, and therefore the General Assembly ought to appropriate a sum adequate to the construction of the Louisa railroad from the eastern to the western base, requiring of the Louisa Railroad Company to pay into the treasury of the Commonwealth a reasonable sum on the staple productions of the country, and a capitation tax on all passengers trans- ported over that part of the road.
4. That the capital of the Louisa Railroad Company ought to be in- creased, so as to enable them to extend the road to a point at or near Covington.
5. That the extension of the Louisa railroad from the junction to the dock, in the city of Richmond, as an independent improvement, is a mea- sure of very great interest to a large portion of the people of Virginia, now looking to that road as a medium of transportation to market.
6. That a committee beappointed to memoralize the Legislature on these subjects, &c.
An impulse was thus given to the cause which has resulted in Virginia's having, at this day, improvements penetrating into every quarter of the State.
As a means of encouraging thrift and economy among a people too prone to lavish expenditure and generous living, a financial institution was established in the county in 1848,-the first which had ever existed in the community,-called the Augusta Savings Bank. It went into operation with the following officers, elected by the stockholders : Benj. Crawford, president ; Robert Cowan, treasurer ; J. Lewis Peyton, secretary. Direc- tors : J. A. Cochran, H. W. Sheffey, Thomas J. Michie, L. L. Stevenson
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and George K. Snapp. It was highly prosperous and accomplished much good, but went out of existence during the war.
There were other questions, in 1845-50, occupying the public mind, or, at least, the thoughts of the more prominent of our citizens. These had reference to the universal improvement of the human race, and give evi- dence that our community was advancing, had always been advancing, and will continue to advance, by a law of their nature, of the existence of which their early history and their present condition leaves no room to doubt. Unlike those stationary nations of Asia and Africa, Augusta was moving forward from her settlement, and was every day the wiser from her past experience. She recognized the benefits and blessings of having had at the opening of her career those earnest, pious, learned teachers among her-the Presbyterian ministers-and after the lapse of a hundred years, she perceived that further efforts were necessary to keep pace with modern progress. Thus she sought, as we have seen, to perfect her com- munications with every part of the country and the world, by an extensive system of public improvements. Deeper than was even the case with their forefathers, was their conviction now that liberty and morality are both de- pendent on intelligence ; that the only sure and ultimate guardian of either freedom or virtue is enlightened public opinion ; that such a general illu- mination of the intellect should take place as would make every man fully aware of the consequences of his actions, and not become, through igno- rance, the innocent cause of misery to himself and others. They proposed thus to banish from the face of society the misery that arises from vice and ignorance, which causes war and poverty and other untold evils, and that the empire of justice and benevolence should be extended, so as to open up those true sources of enjoyment when a people seek their own happiness in a constant endeavor to promote that of their neighbors. These convictions led in 1846 to active movements on the subject of a general system of primary education. Meetings were held in Staunton, at Mt. Carmel, and in other localities, strongly condemning the inefficient plan then in exist- ence as defective and altogether inadequate, and declaring it to be the duty of the Legislature to devise and adopt a general scheme for the edu- cation of the indigent children of the Commonwealth.
On the IIth of September, a meeting was held in Staunton to form an Educational Association for the town, auxiliary to a similar Association of the county recently established. At this meeting the late Charles H. Lewis was elected President, in recognition of his earnest efforts in the cause of popular education and of his literary abilities. Mr. Lewis was a poet by no means unworthy of mention. Though his fugitive pieces abounded in defects of execution, and exhibited evident marks of haste, they also exhibited beauties of no ordinary kind. Lyttleton Waddell was
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chosen Vice-President, having been long successfully associated with the cause of education as Principal of the Staunton Academy, a venerable institution which has turned out some of the first men in Virginia. J. L, Peyton was made Secretary, and Judson McCoy, Treasurer.
A meeting was also held at Greenville, and an Association formed, of which Dr. J. K. Moore was elected President, Dr. Isaac Hall and John Merritt, Vice-Presidents, and Mathew Pilson, Secretary. The many reso- lutions and addresses adopted and put forth by these and other meetings can- not, however interesting in themselves, for want of room, be here introduced.
RETURN OF THE AUGUSTA VOLUNTEERS.
In August, 1848, this company of Augusta volunteers, after a long and arduous campaign-none the less arduous to the gallant soldiers because confined to guarding fields already won by the valor of others more fortu- nate than themselves, because earlier on the theatre of operations-re- turned to Staunton. As soon as the landing of the company at Fortress Monroe was known, our citizens met in public meeting and took measures for giving them a proper reception, as the following correspondence will explain :
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