USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 42
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By an Act of the General Assembly of Virginia of date, January 4. 1826. it was declared that all that part of the counties of Wash- ington and Wythe known by the name of Poor Valley within the following bounds, to-wit :
Beginning on the top of Clinch mountain at the highest point opposite to the plantation of Major John Ward: thence a south course until it strikes the top of Little Piney mountain in the county of Washington, and with the top of said mountain, running east to Wilson's Gap, in the county of Wythe, thence north to the Tazewell line, shall be a part of the county of Tazewell.
By an Act of the General Assembly the third election precinct in this county was established at the house of John Shaver, at Three Springs, in the lower end of this county, on January 2, 1829.
By the year 1828, the sentiment of the people of Washington county was decidedly democratic; and to such an extent that in the presidential election of that year, General Andrew Jackson received every vote cast in the county, except thirteen.
By the beginning of the year 1830, a healthy disposition had grown up among the people in favor of public improve- ments, and the General Assembly of Virginia, on the 19th day of February, 1830, incorporated the Abingdon Turnpike Company and authorized the building of a turnpike road from the forks of the road west of William Carpenter's to the forks in Abram Bradley's lane. This company was authorized to receive subscriptions, and the Act of the Assembly authorized and directed the following citi-
470
Southwest Virginia, 1746 -- 1786.
zens to solicit and receive subscriptions to this enterprise at the town of Abingdon: James White, David Campbell, Francis Pres- ton, John M. Preston, John H. Fulton, Charles C. Johnston, Peter J. Branch, Benjamin Estill, John N. Humes, John Gibson, Andrew Russell and Abram Bradley.
While I have no evidence of the fact, it is reasonable to believe that this effort to build a turnpike road in Washington county was successful.
The General Assembly of Virginia, on April 5, 1830, incorporated the Lynchburg and New River Railroad, the object of which was to connect Southwestern Virginia with the eastern portion of the State. The Act of the Assembly incorporating the road authorized public subscriptions to the enterprise and appointed the following commis- sioners to solicit and receive subscriptions at Abingdon: Francis Preston, Francis Smith, James White, James Campbell, Benjamin Estill, John H. Fulton, John M. Preston, John C. Greenway, Charles C. Johnston, Andrew Russell and Charles H. Preston.
This effort to build a railroad was, so far as Southwestern Vir- ginia was concerned, a failure.
From the date of the convention that assembled at Staunton in 1816 to this time, the demand for a convention to revise the Con- stitution had constantly grown throughout the State. The citizens of Virginia living west of the mountains were opposed to the basis established for the exercise of suffrage by the Convention in 1776, which excluded all persons from voting who were not free-holders.
Another question that presented itself was whether the representa- tion in the General Assembly should be apportioned on the basis of the white population, or on the basis of population and property combined. The citizens of Eastern Virginia favored a restricted suffrage and an apportionment on the basis of population and property, while the people west of the mountains favored an un- restricted suffrage and an apportionment on the basis of popula- tion alone. From the year 1816 to 1829 these questions were dis- cussed throughout the State with vehemence, ability and eloquence.
The General Assembly, on the 31st day of January, 1828, submit- ted to the voters of the State the question of calling a convention, and in the election that followed 21,896 votes were polled for, and 16,637 against, calling a convention. The convention was accord-
421
Washington County, 1777-1870.
ingly called, and most hotly contested elections for delegates to this convention took place throughout the State.
As a result of the issues involved. this convention was composed of many of the most brilliant gentlemen throughout the State. It has been said that it is doubtful whether any representative body ever convened in the world's history, before or since, which included so much talent, eloquence, experience and intellectual power, as did the convention of 1829-1830. In the election of delegates to this con- vention the State was divided into districts, of which, Washington. Lee, Scott, Russell and Tazewell composed one district.
The delegates elected from this district were John B. George, of Tazewell : Andrew McMillan, of Lee, and Edward Campbell and William Byars, from Washington. The convention assembled on October 5, 1829, and remained in session until January, 1830. and was presided over by James Monroe and Philip P. Barbour.
On the 14th of January the draft of the Constitution was adopted by the convention and submitted to the people of the Commonwealth for ratification or rejection.
The vote of the counties of Southwest Virginia upon the ratifi- cation or rejection of this Constitution was as follows :
For.
Against.
Giles.
21
556
Grayson,
649
Lee,
330
99
Montgomery.
194
670
Russell,
86
240
Scott.
155
297
Tazewell,
35
123
Wythe,
41
625
Washington
.556
175
The Constitution of 1829- 30 extended the right of suffrage to a considerable extent, but the basis of representation, which was bit- terly contested in the convention, was but slightly altered, and a great majority of the citizens of Western Virginia were opposed to the new Constitution for that reason.
The Constitution was adopted by the people of the State by a vote of 26,055 for ratification to 15,563 for rejection-a majority of 10,492 in favor of the Constitution. Thus the people of West-
472
Southwest Virginia, 1746 -- 1786.
ern Virginia were denied an equal representation with the citi- zens of Eastern Virginia in the representative bodies of the Com- monwealth.
By Act of the General Assembly of Virginia approved Febru- ary 23, 1832, a new county was formed from the counties of Wythe and Washington, to which was given the name of Smyth county. The boundaries of the new county were as follows: Beginning on the Main Stage road at a bridge in a hollow at the point where the spring branch of Philip Greever, deceased, crosses the same; thence a direct line passing equi-distant between Preston & King's salt wells, to the line of Russell county, and from said point on Main Stage road aforesaid, where said spring branch crosses the same, running south 25 degrees east to the southern boundary of Wash- ington county, and beginning on the Main Stage road leading by Abingdon and Wythe courthouses, ten miles by said road, from the line dividing Washington and Wythe counties, running thence northwest to the northern boundary of Wythe county, and south- east to the southern boundary of Wythe county, the said line through Wythe county running precisely parallel with the line aforesaid through Washington county.
The Act establishing this county directed Isaac J. Leftwich, of Wythe, Edward Fulton, of Washington, and John Campbell, of Smyth, to run and mark the boundary line of said county.
The Act of Assembly establishing Smyth county directed that the county court of that county be composed of fifteen justices to be commissioned by the Governor, and directed the first court of the county to meet at the house of John Thomas on the first Mon- day in April, 1832.
By this same Act Charles L. Crockett, of Wythe; John H. Ful- ton, of Washington ; William Price, of Russell ; Samuel McCamant, of Grayson, and Thomas Peery, of Tazewell, were appointed com- missioners to select a permanent location for the county seat of said county upon which to erect the necessary public buildings.
This committee selected the present location of Marion as the county seat of the county.
The first county court of Smyth county assembled at the house of John Thomas, at the Royal Oak, on Monday, the 2d day of April, 1832, pursuant to the Act of the General Assembly of Vir-
113
Washington County, 1.77-1870.
ginia, at which time the following officers took the oath prescribed by law and entered upon the discharge of their duties :
Justices of the Peace.
Charles Tate, James Taylor,
Samuel Williams,
George W. Davis,
Hatch D. Poston,
Joseph Adkins,
Henry B. Thompson,
William Porter,
Thompson Adkins,
Robert Houston,
Joseph P. Bonham,
Abraham B. Trigg,
Isaac Spratt.
Clerk of the County Court, Robert Beattie.
Deputy Clerk, James F. Pendleton.
Sheriff, Charles Tate.
Commonwealth's Attorney, Charles E. Harrison.
County Surveyor, Charles Taylor.
Coroner, George Byars.
The following lawyers qualified to practise their profession on the first day of the court: John H. Fulton, David MeComas, John Foster, Isaac J. Leftwich, Charles E. Harrison and Andrew S. Fulton.
By the formation of this county a large portion of the most val- uable lands included in the original bounds of Washington county were lost to the county, and the representation of the county in the General Assembly was reduced to one member, and the county of Washington did not send more than one member of the Legislature to the General Assembly again until 1852.
This is the last instance that we will have to record of the muti- lation of the territory of Washington county, although considerable efforts have been made within the last fifteen years to form a new county out of parts of Washington, Russell and Scott counties.
The representatives from Washington county in the General Assembly of Virginia, at the date of the formation of Smyth county. were John H. Fulton in the Senate, and John Kellar and Thomas McCulloch in the House of Delegates.
Smyth county was named in honor of General Alexander Smyth, who served as brigadier-general in the war of 1812, and represented
474
Southwest Virginia, 1746 -- 1786.
this district in the Congress of the United States for twelve years, and died while a member of Congress in the year 1830.
A dispute arose as to the correct location of the boundary line between Washington and Smyth counties in the year 1896, where- upon the County Court of Washington county appointed W. B. Robertson, J. G. Breckenridge, James Broady, William Galliher and John D. Blackwell, commissioners on the part of Washington county, and the County Court of Smyth county appointed C. D. Carter, A. F. St. John, T. W. Buchanan and W. N. McGee, as com- missioners on the part of Smyth county to run said line from Greever's Bridge near Chilhowie to the Russell county line.
The commissioners ran said line and filed their report on June 27, 1896. The line as fixed by the report of the commissioners was marked by a planted stone at Greever's Bridge, and ran from that point, N. 37 degrees 15 minutes W. to Jamison's Gap, where a sec- ond stone was planted, and said line was continued on the same degree to the Russell county line, and stones were planted on the farm of Vint Thomas, at the Rich Valley road, on Chestnut Ridge, at Saltville between the salt wells, on both sides of the Holston river, on Little mountain, and in Poor Valley to mark said line .*
In the election held in the year 1831 for a representative in the Congress of the United States, from the Twenty-second Congres- sional District of Virginia, composed of the counties of Scott, Wythe, Lee, Tazewell, Grayson and Washington, the Honorable Joseph Draper, of the county of Wythe, and the Honorable Charles C. Johnson, of the county of Washington, were the opposing candidates.
Mr. Draper had been elected to fill the unexpired term of General Alexander Smyth, in the year 1830. Charles C. Johnson was one of the most talented and brilliant men that Washington county had ever produced.
The canvass was one of the most exciting ever held in this district, and the result was a majority of seventy-eight votes in favor of Johnson, upon the face of the returns. The vote in the several counties of the district was as follows :
*M. B. 31, page 11-13, County Court Washington county.
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Washington County, 1777-1870.
Johnson. Draper.
Russell county.
342
247
Scott county,
495
115
Wythe county,
43
786
Lee county,
342
265
Tazewell county,
208
392
Grayson county,
44
750
Washington county,
1,270
116
Totals,
2,749
2,671
Johnson's majority, 78.
Mr. Draper was not satisfied with the result and contested the election of Johnson, charging many irregularities, the principal irregularity being the fact that the Sheriff of Washington county held the election in said county for four days instead of closing the poll on the third day, as required by law, thereby giving to Johnson eighty-eight votes more than he was entitled to, that being the num- ber of electors voting in Washington county on the fourth day of the election.
Mr. Johnson on the other hand charged and proved many irregu- larities in Wythe county, the result being that a majority of the Committee on Elections on the 13th of April. 1832, made a report recommending that. in justice to the electors of the district, the seat be declared vacant and a new election ordered, while the minor- ity of the committee reported in favor of Charles C. Johnson, the sitting member. The vote was taken upon the majority and minor- ity reports and the Congress of the United States, by a vote of eighty-five to thirty-five, declared Charles C. Johnson entitled to the seat.
In the fall of the year, 1832, Charles C. Johnson was drowned in the Potomac river while crossing from Alexandria to Washington city. An election was held to fill the vacancy, at which election Joseph Draper was returned the representative from this district in the Congress of the United States.
General Jackson, upon his inauguration as President of the United States, nominated Colonel John Campbell, of Hall's Bottom, in this county, as Treasurer of the United States, which position Colonel Campbell accepted, and discharged the duties of the same
476
Southwest Virginia, 1746 -- 1786.
with honor to himself and credit to his native county. Colonel John Campbell was the second native-born citizen of Washington county to occupy a position of great honor in the government of the United States, the other, General John Armstrong, Secretary of War in the Cabinet of President Madison, was born in the town of Abingdon.
The County Court of Washington county, in the year 1832, was composed of a very distinguished body of men, the fathers and grandfathers of many of the present generation, and it may be of interest to many persons to know the appearance and character of the members of that court, given by a writer who was personally acquainted with each of them and who was a very competent judge of men. In speaking of the members of this court the writer says :*
One of nature's noblemen is presiding. He is of large stature, has a full suit of white hair, of florid complexion, and possesses a fine, clear and somewhat musical voice. His man- ners are easy and refined, and you will pro- nounce him the very soul of dignity. That is Colonel John Preston. See him as he grasps the arm of the old justice's seat. Does a lawyer quibble or travel from the record to make out his case? He mildly recalls him from his wanderings, as he remarks: "You must confine yourself, sir, to the law and to the testimony in the case."
Colonel John Preston, of Walnut Grove.
Near by are two brothers, of large stature, of Roman forms, gray heads and mild de-
meanor. Their judgments are well balanced, and their opinions are worthy of the highest respect. Those are Major Abram and Thomas Fulkerson.
The venerable James Keys, Esq., you observe, is very feeble and but seldom is on the bench; he is sent for frequently, however, to sign important proceedings of the court.
On the right of the chair is sitting a low, corpulent gentleman with full round features, thin hair, a little bald, and his gold spectacles thrown back on his head. His utterances are ready and clear, springing from a mind quick in its preceptions of right. That is Captain Francis Smith.
*Rev. L. F. Cosby.
477
Washington County, 1777-1870.
That gentleman near him, of large frame, of Atlas-like propor- tions as though he could bear up a whole community on his should- ers, is Colonel James White. He is somewhat silent and meditative at times, but delivers his opinions (often presiding) with force and independence. His hair is also gray and in- clined to curl over his broad forehead.
Next you see a gentleman, once tall but now bent with age-head quite white and face ruddy. He speaks mildly and seems to regret that the stern arbitrament of law is necessary to compel to do right towards their fellow- creatures. That is General Francis Preston.
Colonel James White, of Abingdon.
That justice on the right, very tall and very erect, of excellent form, sandy hair, red face, and of fine mind, is William Rhea, Esq.
The next is a large gentleman with round, full head and face. hair black, with a mixture of gray. That is Jonathan King. Esq. He is quite unobtrusive, but firm and decided in his opinions.
That mild-looking gentleman to the left, well set, of medium height and good judgment, is Peter Minnick, Sr., Esq.
Next to him is quite a tall, strongly-built gentleman ; that is Joseph Miller, Esq.
That tall and slender, light complexioned justice, sitting near, is William Shaw Logan, Esq.
Among the group of justices on the left, you see two brothers of large stature and strong features. They are of peculiar mould and utterly disregard the vain blandishments of the world, and deal only in realities. These are Major Abram and Captain Reuben Bradley.
That very tall, square-shouldered gentleman, sitting near Col- onel Preston, with elongated features, and smiling as he speaks earnestly. is Tobias Smith, Esq. He loves his position, and renders his gratuitous services freely for the good of his country, and no man has served it more faithfully than he.
Near by is sitting Robert E. Lowry, Esq. He has a very mild countenance, his eyes resting in repose. He exhibits great good nature, and is very modest in expressing his opinions.
Near him is a short gentleman with round features, and of rather retiring demeanor. That is Lewis Smith, Esq.
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Southwest Virginia, 1746-1786.
Next is a man of great solid worth, of medium height, of sterling integrity, of excellent mind and heart. That is William Buchanan, Esq.
Two other justices you discover on the right of the chair. They are brothers and above the ordinary height. The first, Robert E. Cummings, Esq., has round features, is well proportioned, shoulders droop a little. The other, James Cummings, Esq., is slender, of good form, and generous bearing. Indeed they possess fine qualities of mind and heart, and kindness is stamped upon their very natures ; they are very deliberate and express their opinions cautiously.
Next to the justices just named, there sits another remarkable man, of commanding personal appearance. The flash of his dark eye, his compressed but somewhat protruding lips, indicate great firmness and determination of character. He speaks but seldom ; when necessary, however, he utters his opinions with great force and independence. That is John M. Preston, Esq. He hates a mean- ness in any one as he does his Satanic Majesty, and is firm in meting out strict justice to all men. Integrity is one of his cardinal virtues.
There on the right you see sitting near one another Colonel John Kellar, Major Henry B. Thompson and Colonel Thomas McCul- loch. The first is dark complexioned, has blue eyes, is quick-spoken and is of excellent judgment. He is noted for his fine social quali- ties and kindness of heart. What man or woman in this section of the country that does not revere and love the memory of Colonel Kellar? That he is a bachelor is to be regretted. His erect form and fine personal bearing are doubtless attractive.
Major Thompson is very good looking, has a fine eye, and an excellent disposition.
Colonel McCulloch's appearance is fine; he is of genial nature, and is an excellent officer. All three, subsequently, were members of the General Assembly of Virginia.
That corpulent justice on the left, with full round face and white hair, is John Duff, Esq. But few magistrates transact more busi- ness at "Warrant tryings" than he, and general satisfaction is given.
That very tall, venerable and clerical-looking gentleman near Mr. Duff and from the same region of the county, is Edward Latham, Esq. His fine suit of black velvet, for which he has a great par- tiality, and his white flowing hair combed back over his head, well
479
Washington County, 1777-1870.
formed, and his countenance lighted up with a smile, render his appearance very imposing. He possesses an excellent mind, and generally arrives at very correct conclusions.
Those two justices just taking their seats are Major James Tay- lor and Hatch D. Poston, Esq. They reside in the upper end of the county and are gentlemen of excellent minds. In person they are fine looking, and as officers of the county, they are highly esteemed.
Next you see a heavy, well-set justice. In his manner, he is very pleasant and agreeable, of good natural qualities, of well- balanced mind, of sound and correct judgment. That is William Davis, Esq.
Esteemed for his manly firmness and excellent nature, you see a tall and slender gentleman to the right of Mr. Davis. That is John McCulloch, Esq.
Abram Nordyke, Samuel Moore and Thomas McChesney, Esqs .. sit next. Those gentlemen are deservedly honored, and held in high esteem. They take rank among the substantial men of the country.
On the extreme left you are attracted by three gentlemen com- paratively young; we may say in the prime of manhood. They seem to take their position deferentially to the venerable men from whom they would learn lessons of wisdom in their new vocation. The first exhibits a fine personal appearance, ready in his utter- ances, and bends gracefully forward as he expresses an opinion, his red face sparkling with smiles, and he takes care to indulge, mean- while, in an occasional sally of wit and good humor. His genial. happy nature leads him to think well of the denizens of this world, and sometimes, even on the bench, he will illustrate his opinions by the relation of an appropriate anecdote. Intelligent and wise in council, the county has long been favored with his services. The justice referred to is John N. Humes, Esq.
The second is a slender gentleman, very neat in his dress, sits quite erect and frequently turns his quick, penetrating eye towards the senior members of the court. He seems to measure his words, which are fitly spoken, when uttered, a valuable member of the court, very commendably polite, and extremely graceful in his manners. That member is Peter J. Branch, Esq.
The third gentleman is very easy and social in manner and dis- position. His shoulders droop a little as he sits on the bench ; his
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Southwest Virginia, 1746 -- 1786.
opinions are communicated with unreserved freedom and with a sincere désire that right and justice shall prevail. His face is some- what elongated when he is looking serious, but pleasant and social as he is generally, he will often give you the benefit of one of his old-fashioned jokes. That valuable citizen and justice is Colonel Samuel E. Goodson. Pity some amiable lady had not long since won his heart, for, unfortunately for his country's good, he is a bachelor! Since a Representative in the State Legislature.
Thomas McChesney, Esq., occupies his seat near the three last- named gentlemen. His tall, slender figure, his intellectual, gray head, forehead sloping back, give him an appearance at once com- manding respect. He performs a great deal of private business for his countymen in writing documents, and is a very useful citizen.
Near Mr. McChesney sits Captain John Moffet. He is a gentle- man of fine sense, plain and unostentatious in manner. He is about five feet eleven inches high, with a full developed form, and has a very pleasant and genial appearance. In dispensing justice, he is decided, but always mild and courteous.
The following lawyers composed the Abingdon bar in 1831, including those not residents of the county : Henry St. John Dixon, Edward Campbell, John H. Fulton, Peter C. Johnston, Peter Mayo, David McComas, Charles C. Johnson, Joseph Draper, William M. Fulton, Samuel Logan, Dale Carter, Andrew S. Fulton, Charles E. Harrison, Charles S. Bekem, Beverly R. Johnston and John Hall, Esqs.
The General Assembly of Virginia, on March 11, 1836, incorpo- rated the Lynchburg and Tennessee Railroad, and authorized sub- scriptions to the enterprise at different points from Lynchburg, west.
The commissioners appointed to solicit and receive subscrip- tions at Abingdon were: David Campbell, James White, Andrew Russell, John M. Preston, John C. Greenway, Francis Smith, John Preston, William Byars, Samuel E. Goodson, Jonathan King and John W. C. Watson.
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