USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 52
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586
Southwest Virginia, 1746-1786.
1819, the works were carried on by James King, William Trigg, Mary King, Charles S. Carson, executor of James King, and Lilburn L. L. Henderson, executor of William Trigg.
On the 17th of June, 1819, the Saltworks were leased to John Saunders for five years from August 1, 1819, at an annual rental of $30,000, but Saunders, during the following years, assigned his lease to James White, who renewed the lease and continued his operations until September 2. 1833. The Saltworks were then leased to Alexander McCall and William King at an annual rental of $15,972 for the King Saltworks, and $16,000 for the Preston Salines, during the life of Mrs. William Trigg, and they continued. in possession of the property until 1845, when Thomas L. Preston took charge of the Preston Saline, and King and McCall and Find- lay, Mitchell & Company took joint possession of the King Salt- works.
In 1846 Thomas L. Preston rented the King estate from the court at an annual rental of $16,000 for five years, and at the expiration of his lease, Wyndham Robertson became the lessee thereof for the period of five years, and was in turn succeeded by Thomas L. Preston, who, in the year 1858, rented both estates to Spencer, Ackerman & Company. In 1863, Stuart, Palmer and Parker purchased the Preston property, and in 1864 a joint stock company of the two estates was formed under the title of the Holston Salt and Plaster Company, and this company continued business until 1893, when the present proprietors of the Mathieson Alkali Works became the owners of the two estates.
The King Salines, in the year 1819, produced from 90,000 to 100,000 bushels of salt per year, and in 1861-1865 the production of the Saltworks was many times greater than in the year 1819. The larger portion of all the salt used in the Southern States during that time was supplied from the Saltworks, it being a common thing to see as many as a thousand salt wagons at one time at the Salt- works during the period mentioned.
Since 1893 the present company have manufactured soda and other alkalies upon an extensive scale, and employ hundreds of hands.
In the eighteenth century, and soon after the discovery of salt water at the Salt Lick, the bones of a mammoth, the king of the land animals, were dug up by the laborers at the Preston Salines
587
Washington County, 1777-1870.
They were from three to seven feet below the surface of earth, and furnished convincing proof that the mammoth was formerly an inhabitant of this country.
NEWSPAPERS.
By the year 1806, the enterprising citizens of this county had secured the services of a printer, and a newspaper outfit had arrived at Abingdon, and on the 4th day of January, 1806, the first newspaper published in this portion of Virginia was given to the public. The editor of this paper was John G. Ustick, who afterwards married a Miss Berry, of this county, and the name of the paper was the Holston Intelligencer and Abingdon Advertiser. This paper was published every Tuesday, and the subscription price was $2 per annum, payable half-yearly in advance, if the sub- scription was paid in cash, but if paid in produce the subscription was required to be paid for the entire year in advance. When the subscriber neglected to pay his subscription in advance, the price was fifteen shillings per annum, half of which was to be collected at any period after the commencement of each six months, subscrip- tions to the paper to be withdrawn at the end of each six months on the payment of arrearages, but not otherwise. The terms of advertising were 62 1-2 cents per square for the first insertion and three dollars for chancery notices. This paper was ably edited by Mr. Ustick, was uncompromising in its Republicanism, advocating the policies of Madison and supporting his administration upon all occasions.
In the year 1812, Mr. Ustick changed the name of this paper from the Holston Intelligencer and Abingdon Advertiser, to the Political Prospect. and continued to publish the Political Prospect until the year 1830.
Mr. Ustick was not only an enterprising editor, but he was a patriotic citizen, and in February, 1815, being a member of the Rifle Company formed at Abingdon. he accompanied this com- pany upon their expedition to Norfolk and was absent from his home for nearly five months. as he says. "in the service of a righteous government and a holy cause." The descendants of the editor of the first newspaper published in this portion of Virginia have entirely disappeared from among our people.
Mr. Ustick was succeeded by James Alexander, who published a newspaper in Abingdon from 1830-1835, under the title of the
588
Southwest Virginia, 1746-1786.
Virginia Republican. As to the character of this paper I can say nothing, as I have been unable to obtain a copy of the same.
Alexander was succeeded by J. W. Lampkin, who published a newspaper in Abingdon from 1835-1838, called the Virginia States- man.
In the year 1838, Mr. Lampkin formed a partnership with Charles B. Coale, and this partnership published the Southwest Virginian from 1838 to 1840, in the old frame building that stood on the southeast corner of the jail lot in the rear of the courthouse. No copy of the Virginia Statesman or Southwest Virginian is now in existence, and nothing is known of the policy or character of these papers. The editors of these papers were men of character and ability, John W. Lampkin being a young lawyer of fine attain- ments. He subsequently married and removed to Russell county, where his descendants are to be found at this time, while Charles B. Coale continued to reside in Abingdon, and won a place in the hearts of the people of this country that will be forgotten only when the sons of the fathers who had the pleasure of reading the old Abingdon Virginian have all passed away.
In 1840, John N. Humes became the owner and editor of the Southwest Virginian and published the same in the building occu- pied by the Academy of Visitation east of the creek in East Abingdon.
While no copy of this paper has been preserved, there can be no question as to its politics, as John N. Humes was one of the leaders of the Whig party, at the time in question, in Southwest Virginia. In this year, he was the elector for this district upon the presidential ticket headed by William Henry Harrison.
In March, 1841, George R. Barr and Charles B. Coale became the owners of the Southwest Virginian and began the publication of the Abingdon Virginian as a Whig paper in the town of Abing- don, and continued the publication of this paper until the year 1873, with but one interruption.
When the town of Abingdon was destroyed by fire on the 15th of December, 1864, the Abingdon Virginian was published in the brick building opposite the Colonade Hotel (now occupied by C. A. Pobst), and, of course, was destroyed at the same time that the building was burned. The publication of the Abingdon Virginian was resumed in December, 1865. This paper during the thirty-
589
Washington County. 1777-1810.
three years that it was published by Coale & Barr, was, beyond doubt. one of the most readable and deservedly popular country newspapers that have ever been furnished to the public in this section of Virginia. During the war between the States, notwithstanding the great difli- culties which confronted the newspaper publisher, the Abingdon Virginian never failed to stand nobly by its people or to issue weekly until the destruction of its plant as before described.
In the year 1863, the following advertisement appeared in the Abingdon Virginian :
"RAGS!
"We call upon everybody who has rags, rich and poor, old and young, learned and unlearned, to send them to us and get four cents per pound, or more if demanded. We are obliged to have them or stop printing. So send them along for humanity's sake, and help us to keep the machine in motion."
In the year 1873, the Abingdon Virginian was transferred to George R. Dunn, and soon afterwards became the property of George W. Ward.
The Abingdon Virginian, as published by Coale & Barr, advo- cated in a high-toned and able manner the Whig cause, and the ef- fect upon the politics of the people would have been exceedingly dangerous if not counteracted.
In December, 1841, at the instance of the Democratic leaders in Washington county, Robert Latham became the editor and W. R. Fitzsimmons the publisher of a Democratic paper in the town of Abingdon called The Banner. This paper, a copy of which is now in existence, was a very creditable publication. In the copy now in existence is to be found an account of a Democratic mass-meeting held in the town of Abingdon on the second of March, 1843, at which meeting Colonel Samuel E. Goodson was nominated for the Legislature, and in the proceedings of the meeting Colonel Harold Smyth, Colonel William Byars, Robert Latham, Dr. Nick Snead, Tobias Smith, John W. S. Watson, Parker Smith and James Davis took an active part. This paper survived but a few years, and was succeeded by a paper called the Jacksonian, edited by W. R. Fitz- simmon. The Jacksonian was published in a house owned by Jack- son Toncray, on the lot now owned by S. N. Honaker, opposite the former residence of James K. Gibson in East Abingdon.
The Jacksonian ceased to exist in 1846, and the outfit was sold
590
Southwest Virginia, 1746-1786.
to Dr. H. F. Peery, who removed the same to Jeffersonville, now Tazewell Courthouse, Virginia, and, in the year 1847, began the publication of the Jeffersonville Democrat.
On the 28th of April, 1849, Leonidas Baugh, of Abingdon, be- gan the publication of the Abingdon Democrat, a paper strong in its advocacy of Democratic principles, to which the greater part of' its space was devoted. This paper thrived for a number of years, but was transferred by Mr. Baugh some time after his appointment as postmaster at Abingdon, in 1853, to John B. Floyd, and the paper was thereafter, until the year 1857, published by J. M. H. Brunet, of Petersburg, who soon died, and then the paper passed into the hands of Stephen J. Pendleton.
In the year 1857, this paper was sold at public auction to pay the debts of Mr. Pendleton, and Henry W. Baker became the editor and owner thereof, and continued to publish said paper until 1861, when the plant was sold to the Southern Advocate, Goodson, Vir- ginia.
From this time until the year 1876, the Abingdon Virginian was the only newspaper published in Abingdon.
In April, 1882, George W. Gary, of Richmond, began the publi- cation in Abingdon of a monthly paper called The Trade Journal, and continued the publication of the same until the year 1883, when he became the owner and editor of the Abingdon Virginian. Mr. Gary conducted an excellent and successful paper until the year 1890, when the entire outfit was sold and transferred to the Abing- don Publishing Company, which company had become the owner of the Standard, a Democratic newspaper that had been established in Abingdon in the year 1876 and was edited by Hindlay Harris, afterwards by Samuel P. Withers and then by R. E. Hardwick.
The Virginian, under the management of Judge Ward, strongly advocated the cause of the Readjuster party in Virginia. After the retirement of Judge Ward from the Abingdon Virginian, he became the owner and editor of the Southwest Examiner, a Read- juster-Democratic paper, but after Judge Ward went upon the bench the Southwest Examiner passed into the hands of R. E. Hardwick and in a short while ceased to exist. The Abingdon Virginian, during the ownership of the Abingdon Publishing Com- pany, was edited by Thomas H. Mason and W. F. Smith. While the paper was well edited, it was a financial failure, and in
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Washington County, 1777-1870.
the year 1896 was sold at public auction and purchased by L. P. Summers. The Virginian from this time till June, 1901. was an advocate of Republican principles and was a success financially.
Upon the acquisition of the Abingdon Virginian by Summers in 1896, and during the five years of his ownership, a number of efforts were made by the advocates of the Democratic party to estab- lish a Democratic paper in the town.
In the year 1897, the Glade Spring Citizen was removed to Abingdon and began publication as a Democratic paper, "The Citizen," with G. C. Porterfield as editor, but within the year the newspaper outfit became the property of the editor of the Virginian, and Mr. Porterfield became a strong advocate of the Republican party.
In the year 1899. J. W. Lyons, of Greenville, Tennessee, became the editor of a newspaper in Abingdon, to which was given the name of the Abingdon Democrat.
This effort upon the part of Mr. Lyons proved a failure and in the spring of the year 1900 he returned to Greenville, his former home.
In the fall of the year 1900. Thomas S. Hamilton and George H. McCormick began the publication of the Washington Herald, a Democratie newspaper, in the Scott building in West Abingdon. This venture also proved a failure, and the property of the Herald was sold and transferred to the editor of the Virginian, in the same year, since which time no effort has been made to establish a rival newspaper to the Virginian in Abingdon.
On the night of the 29th of May, 1898. the Greenway store was destroyed by fire; the offices of the Abingdon Virginian caught therefrom and the entire outfit was destroyed, but by the fall of the same year a one-story brick building had been erected upon the site of the former frame building and the publication of the Virginian was resumed.
The Virginian became the property of E. M. Slack by purchase on June 11, 1901, and has since been edited by him.
The present editor of the .Abingdon Virginian is young, intelli- gent. independent and enterprising to a degree that is seldom excelled in this country, and in the opinion of the author he is the best-equipped newspaper man that the town has seen in many years.
592
Southwest Virginia, 1746-1786.
The newspaper of which he is the editor is beyond question the best country newspaper to be found in the Southwest.
JUDICIARY.
A distinguished historian has said that "the laws of a country are necessarily connected with everything belonging to the people of it, so that a thorough knowledge of them and their progress would inform us of everything that was most useful to be known about them, and one of the greatest imperfections of historians in general is owing to their ignorance of law."*
While a thorough knowledge of the law is necessary to a com- plete understanding of the history of a country, at this point we regret the necessity that compels to a brief notice of the courts that have administered the law in this Commonwealth and county.
Prior to the Revolutionary war, the laws of this Common- wealth were administered in the county or monthly courts and in a general court which was held first at Jamestown and afterwards at Williamsburg.
The county or monthly courts were composed of a number of persons commissioned by the Governor and Council, and theirs was an extensive jurisdiction, while the general court was composed of the Governor and Council, any five constituting a court, and it had jurisdiction to hear and determine all causes whatsoever relating to or concerning any person or persons, ecclesiastical or civil, or to any person or thing of any nature whatsoever, whether brought before them by original process, appeal from an inferior court or by any other way or means, its jurisdiction being limited only to controversies of the value of ten pounds sterling or 2,000 pounds of tobacco and upwards. It had exclusive criminal jurisdiction of all cases of free persons wherein the judgment on conviction was loss of life or member.
After the Revolution, the county courts were continued and a Court of Appeals, High Court of Chancery, a General Court and a Court of Admiralty were established. The judges of said courts were chosen by the General Assembly and commissioned by the Governor.
The Court of Appeals was established in May, 1779, and was composed of the judges of the High Court of Chancery, General
*Priestly,
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Washington County, 1777-1870.
Court and Court of Admiralty, until 1288, when five judges were chosen by the General Assembly and commissioned by the Governor. This court, from the time of its establishment until 1830, was the supreme civil tribunal of the State, and since that time it has been the supreme civil and criminal tribunal of the State.
The first president of this court was Edmund Pendleton. The General Court was composed of ten judges and was the supreme criminal tribunal of the State until 1830, when it was abolished. The Admiralty Court ceased to exist upon the adoption of the Fed- eral Constitution.
County Courts.
"The institution of the County Court originated as early as 1623-4; and as it is the most ancient, so it has ever been one of the most important, of our institutions, not only in respect of the administration of justice, but for police and economy. They were first called monthly courts. At first only two of them were estab- lished, and their jurisdiction was jealously limited to petty contro- versies, reserving for the party cast the right of appeal to the Gov- ernor and Council, who were the judges of what were then called quarter courts. In 1642-3, the style of monthly courts was changed to that of county courts, the colonial assembly having previously begun and continuing thenceforward to enlarge their duties, powers and jurisdictions and to extend the system to every county, as it was laid off. As early as 1645 they had been matured into courts of general jurisdiction, in law and equity, and the most important duties in the matters of police and economy were confided to them. In 1661-2, the Governor and Council were constituted itinerant jus- tices, to sit in the county courts, but that provision was repealed the next year. Ilitherto the judges of the county courts had been styled commissioners of the county courts, but in 1661-2 it was enacted that they should take the oath of justices of the peace and be called justices of the peace. These tribunals now assumed a perfectly regular form and their functions were ever after so important that their institution may well be considered as a part of the Con- stitution, both of the colonial and the present government. No material change was introduced by the revolution in their jurisdic- tion or general powers or duties of any kind."*
The county court remained unchanged until the year 1850, and
*Henning's Statutes at Large.
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Southwest Virginia, 1746-1786.
it is impossible for any man to estimate the character and utility of this system without actual experience of its operation. The mem- bers of this court, prior to 1850, were recommended to the Gov- ernor by the county courts of their respective counties, were com- missioned by the Governor and held office during good behavior. They served without pay and were selected by reason of their charac- ter and ability.
The Constitution of 1850 made the members of this court elective by the people, and they were allowed a small fee for their services. From this time until the year 1870, we find a great deterioration in the character of the members of this court, and its efficacy was to a great extent destroyed. This court was abolished by the Constitu- tion of 1868.
Can anyone question the character and efficiency of a court pre- sided over by such men as Arthur Campbell, William Campbell, Daniel Smith, William Edmiston, James Dysart, John Kinkead, Robert Craig, James White, John Goodson, Robert Davis, John Gibson, Reuben Bradley, James Cummings, John Preston, Jr., Francis Preston, Charles Tate, William P. Thompson, Thomas McChesney, John M. Preston, John Eakin, M. B. Tate, Tobias Smith, Henry Davenport and many others, presiding justices of this court during its existence ?
Upon the abolition of the old county court by the Constitution of 1868, a new institution came into existence, to-wit: the county court of the present time. This court exercised a criminal jurisdic- tion concurrent with the Circuit Court and a limited civil jurisdic- tion. The first session of this court in this county was held on the 25th day of April, 1870, Judge R. M. Page presiding, Leonidas Baugh clerk, and Beverly R. Johnston Commonwealth's Attorney.
This court has been abolished by the Constitution of 1902, and will cease to exist on the first day of February, 1904, and such a thing as a county court will no longer be heard of in this Common- wealth, after an existence of nearly 300 years.
The judges presiding in this court since the date of its forma- tion in 1870 are as follows :
1870-1880, R. M. Page. 1880-1881, George W. Ward. 1882-1886, William F. Rhea. 1886-1887, Francis B. Hutton.
595
Washington County, 1777-1870.
1887-1897, George W. Ward.
1897-1904, David C. Cummings, Jr.
The attorneys representing the Commonwealth in this county from the organization of the county until the year 1850 were appointed first by the Attorney-General of the State, upon the recommendation of the county court, and were after that time elected by the county court.
The first Commonwealth's Attorney of Washington county, being the first lawyer qualifying to practise in the courts of this county, was Ephraim Dunlop, who came from Pennsylvania. He had but one leg, the other having been amputated above the middle of the thigh. He had some capacity, but was a drunkard. He was appointed prosecuting attorney for this county in the year 1777, and was pretty severe upon the Tories, many of whom had taken refuge in the mountains. On one occasion Dr. Brooks, whose right arm was palsied, was passing along the road below town when he found Dunlop, who had fallen from his horse, lying with his foot in the stirrup and his head on the ground, the horse standing perfectly still and quiet. The Doctor having no use of his right arm and Dunlop having but one leg, made the case a difficult one to decide what he should do. He dismounted, however, and succeeded in getting Dun- lop into his saddle, intending to take him to the next house. After balancing and straightening Dunlop as well as he could in his saddle, he mounted his own horse and they started, but in a few yards Dunlop made a move in his saddle and down he went again. The horse seemed to be conscious of the state of things and stood still again. The Doctor dismounted again and raised him to his horse's back, then, by riding close to him on his leg side, he kept him from falling until he brought him to a house, half a mile from where he fell.
When sober, Dunlop was interesting. At the bar he would rise and place his stump of a thigh on the bar and in that manner steady himself and then proceed with whatever he had to say to the court. He was listened to with attention.
After the courts were organized in Sullivan county, he attended them, and some ten or fifteen years afterwards died on the road between Abingdon and Blountville. I believe he had no family .*
Since the year 1852, the attorneys representing the Common-
*David Campbell MSS.
-
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Southwest Virginia, 1746-1786.
wealth in this county have been elected by the people. The attor- neys representing the Commonwealth in this county since the organ- ization of the county have been as follows :
1777, Ephraim Dunlop.
.... , Benjamin Estill.
1831, Henry St. John Dixon.
1831-1837, Edward Campbell.
1837-1855, Samuel Logan.
1855 -.... , George Eakin Naff.
1855-1863, John H. Ernest.
1863-1865, Joseph T. Campbell.
1865-1869, Rees B. Edmondson.
1869 -.... , Henry C. Auvil.
1869-1870, J. S. Slater. 1870 -. ... , Beverly R. Johnston.
1870-1872, James L. White.
1872-1884, Connally F. Trigg.
1884-1885, George W. Ward.
1885-1887, John L. Rowan.
1887-1891, John C. Summers.
1891-1895, Francis B. Hutton.
1895-1904, Peter J. Davenport.
The clerks of the county court from the organization of the gov- ernment of this county until the year 1852, were elected by the county court, and since the year 1852, they have been elected by the people. The clerks of this court from its first organization until the present time have been as follows :
1777-1779, David Campbell.
1779-1824, John Campbell.
1824-1837, David Campbell.
1837-1858, Jacob Lynch.
1858-1865, John G. Kreger.
1865-1869, James C. Campbell.
1869-1870, Charles McDougal.
1870-1871, Leonidas Baugh. 1871-1887, William G. G. Lowry.
1887-1897, David C. Cummings, Jr.
1897-1904, Robert Preston Cummings.
597
Washington County, 1777-1870.
District Courts.
The General Assembly at its session in the year 1:84. for the pur- pose of rendering the administration of justice more expeditious and convenient and less burthensome to individuals and to the Commonwealth, passed an Act establishing courts of assize through- out the Commonwealth, for the trial of issues and inquiry of dam- ages, in suits then pending in the General Court, and such as may thereafter be brought, and also for the trial of all treasons, felonies and other crimes and misdemeanors that should be brought before the court. This court was to be held by two judges of the General Court, and it was directed that all verdicts of said court should be certified to the General Court at Richmond. The State was divided into districts. The counties of Montgomery and Washington formed one district, and it was directed that this court of assize should meet at Washington Courthouse and Fort Chiswell, alter- nately, on the 10th day of May and on the 11th day of October of each year. This Act never went into operation, but after several suspensions it was succeeded by an Act of the Assembly, in the year 1788, establishing district courts.
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