USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 53
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The Act establishing the district courts became a law on the 22d day of December, 1788, and directed that the Commonwealth, except the district of Kentucky, should be divided into districts, and a superior court held in each on the 9th of June and the 9th of November in each year.
The counties of Washington, Montgomery and Russell composed one district, and it was directed that a court should be held at Wash- ington and Montgomery courthouses alternately, on the 2d day of May and the 2d day of October in each year. This court was to be held by two judges of the General Court assigned for that pur- pose. The jurisdiction of the district courts. as fixed by this Act. was as follows : "Over all persons in all causes, matters or things at common law, then cognizable in the General Court, amounting to thirty pounds sterling money or 3,000 pounds of tobacco. whether brought before the court by original process or by appeal from the County Court." This court was given the power to hear and deter- mine all treasons, murders, felonies and other crimes and misde- meanors committed within their district.
Claiborne Watkins was the first clerk of this court, and lived at Abingdon and discharged the duties of this office for many years.
The Act establishing the district courts was amended in December,
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Southwest Virginia, 1746-1786.
1789, and it , was directed that Washington, Wythe and Russell counties should form a district, that the next court for said district should be held at the courthouse of the county of Wythe, late the courthouse of the county of Montgomery (Fort Chiswell), and that, thereafter, every court for said district should be held at Washington courthouse. This court continued to exist until it was succeeded by the Superior Court of Laws, established in the year 1808.
The General Assembly in the year 1777, established a High Court of Chancery composed of three judges selected by the General Assembly and commissioned by the Governor, to hold office during good behavior. This court was held at Williamsburg and afterwards at Richmond, in the months of April and September of each year, with a general jurisdiction over all persons and causes in chancery, whether by original process or appeal, where the amount in con- troversy exceeded ten pounds. The judges of this court were after- wards reduced to one, George Wythe, who was the president of the first court.
On the 23d of January, 1802, the General Assembly of Virginia divided the State into three districts and established a superior court of chancery in each. The county of Washington was included in the Western District, and the High Court of Chancery for this district was directed to be held at Staunton on the 12th of March, the 1st of July and the 15th of November of each year. This court exercised the jurisdiction formerly exercised by the High Court of Chancery as originally established, and was to be held by a judge selected by the General Assembly and commissioned by the Governor.
The Honorable John Brown, of Staunton, was elected judge of this court and discharged the duties of the same until the year 1827, when he was succeeded by the Honorable Allen Taylor, of Botetourt county, who discharged the duties of this office until the year 1831, when this court was merged into the Circuit Superior Court of Law and Chancery.
The General Assembly in 1818 divided the Commonwealth into nine districts, instead of three districts as formerly, and directed that a Superior Court of Chancery should be held in each of said districts.
The counties of Lee, Russell, Scott, Washington, Tazewell, Wythe, Grayson, Giles and Montgomery composed the Eighth District, and
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Washington County, 1777-1870.
a Superior Court of Chancery was held at Wythe courthouse on the Monday first succeeding each term of the Superior Court of Law for the said county in every year, and after this time a Superior Court of Chancery was held at Wythe courthouse, by Judge Brown until 1827, and by Judge Taylor until 1831.
A portion of the records of this court are still to be found at Wythe courthouse, and present to the practicing attorney at this day a clear idea of the proceedings of the court of that time.
During the existence of this court, every paper connected with a chancery cause was recorded in the minute book of the court, and in one case decided by this court the process, bill, answer, deposi- tions of witnesses and other papers connected with the suit fill one entire book of several hundred pages .*
The General Assembly, on the 1st of February, 1808, amended the Act of 1789 establishing the district courts, divided the Com- monwealth into twelve districts, established a superior court of law in each of said districts and directed that a judge of the General Court should be allotied to each of said districts and should hold a superior court of law twice a year at the courthouse of each county in said district.
The counties of Grayson. Washington, Lee. Russell, Tazewell, Giles, Montgomery and Wythe composed the Fourth Circuit, and the Hon. William Brockenbrough, a judge of the General Court. was assigned to this district and discharged the duties of the same with marked ability until May, 1811, when he was succeeded by the Hon. Peter Johnson,t a judge of the General Court, who discharged the duties of the office until June 6th, 1831, when the Superior Court of Lav. was merged into the Circuit Superior Court of Law and Chancery.
The General Assembly of Virginia, pursuant to the provisions of the Constitution of 1829-1830, rearranged the courts of the Com- monwealth and established the Circuit Superior Court of Law and Chancery, which court superseded the Superior Court of Law and the Superior Court of Chancery.
The first session of this court was held at Abingdon on the 6th
*Pierce vs. Jackson, etc
+Judges Brockenbrough and Johnston exchanged circuits, Johnston being a native of Prince Edward county.
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Southwest Virginia, 1746-1786.
of June, 1831, Benjamin Estill presiding. This court continued to be the principal court of this section until the year 1870, when some alterations were made in the jurisdiction of the court and the name was changed to the Circuit Court.
The judges presiding in this court during its existence have been 1831-1852, Benjamin Estill.
1852-1857, George W. Hopkins.
1857-1862, Samuel V. Fulkerson.
1862-1869, John A. Campbell.
1869-1870, John W. Johnston.
1870-1895, John A. Kelly.
1895-1904, John P. Sheffey.
Judge Fulkerson, in the spring of the year 1861, was elected col- onel of the Thirty-seventh Virginia Regiment of Volunteer Infan- try, in which capacity he served until the fall of 1862, when he was shot and killed in one of the battles near Richmond. During his absence in the army Judges Andrew S. Fulton, David McComas and G. D. Camden presided over the courts held at Abingdon.
The Constitution adopted in the year 1902 made some alterations in the courts of the State, and the General Assembly of Virginia on the 12th day of February, 1903, elected Francis B. Hutton, of Abingdon, judge of the Twenty-third Circuit, composed of the coun- ties of Russell, Washington and Smyth.
Upon the organization of the district court in the year 1788, Claiborne Watkins was appointed clerk of the court, and, as far as I can ascertain, he and Andrew Russell performed the duties of this office until the year 1830.
The clerks of the old District Court, the Superior Court of Law, the Superior Court of Chancery and the Circuit Superior Court of Law and Chancery were appointed by the court until the year 1852, and from that time they have been elected by the people. The clerks of the Circuit Superior Court of Law and Chancery and the Cir- cuit Court have been as follows :
1831-1838, Andrew Russell.
1838-1852, Connally F. Trigg, Sr.
1852-1865, Peter J. Branch.
1865-1869, David Campbell Cummings, Sr.
1869-1870, John O'Neal.
1870-1871, Dr. A. R. Preston.
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Washington County, 17:1-1870.
1871-1887, L. Thomson Cosby.
1887-1893, John G. Kreger.
1893-1904, John M. Kreger.
When an effort was made to secure the photographs of the deceased judges of this court for use in this history, the propriety of securing and placing their photographs in the courthouse of this county was discussed by several members of the bar, and, as a result. a meeting of the bar was called for the Sth of October. 1901, which meeting, after discussing the matter, appointed Daniel Trigg, James L. White. F. B. Hutton. R. M. Page and L. P. Summers, a commit- tee to secure the portraits of the deceased judges of this court and to make the necessary arrangements for hanging said portraits in the court-room of the court, and to wait upon the Board of Supervisors of this county and request that they place the court-room in a suita- ble condition for said portraits. This action of the bar was made an order of the Circuit Court. The committee appointed proceeded to the discharge of their duties and secured portraits of Judges Peter Johnston and John W. Johnston from Dr. George Ben Johnston. of Richmond, photographs of Judges Samuel V. Fulkerson and John A. Kelly from Colonel Samuel V. Fulkerson and Joseph L. Kelly, of Bristol, and photographs of Judges Estill. Hopkins and Campbell from friends.
The Board of Supervisors in answer to the request of this com- mittee appointed J. D. Williams. J. O. Susong and J. C. Hayter, of the board. and James L. White, W. I. Newton and F. B. Hutton outside thereof, a committee to superintend the repairs to the court- house, and by the spring of the year 1903 the repairs were completed and the committee reported their proceedings to the judge of the Circuit Court. Their report was received and entered of record.+ and thereupon the court appointed L. P. Summers. Preston W. Campbell. John W. Neal. W. H. Robertson and John J. Stuart a committee to arrange a program for the exercises attending the pre- sentation of the portraits of the deceased judges to the county of Washington.
This committee arranged a program and reported their action to the court, which report was received and made a matter of record .*
*Law Order Book, Circuit Court, K, page 116.
+Law Order Book, Circuit Court, K, page 133.
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Southwest Virginia, 1746-1786.
The presentation exercises were held on the 11th day of May, 1903, and the following program was rendered on that occasion :
Chairman, Judge John P. Sheffey.
Secretary, John M. Kreger.
Portrait of Judge Peter Johnston.
Speech of presentation by Captain J. L. Whit
Portrait of Judge Benj. Estill.
Speech of presentation by L. P. Summers, Esquire.
Portrait of Judge G. W. Hopkins.
Speech of presentation by Daniel Trigg, Esquire.
Portrait of Judge S. V. Fulkerson.
Speech of presentation by Judge R. M. Page.
Portrait of Judge John A. Campbell.
Speech of presentation by William E. Burns, Esquire.
Portrait of Judge John W. Johnston.
Speech of presentation by D. F. Bailey, Esquire.
Portrait of Judge John A. Kelly.
Speech of presentation by Judge John A. Buchanan.
Manuscript remarks of Hon. Patrick Hagan read by John J. Stuart, Esquire.
Speech of acceptance on behalf of the Supervisors of Washington county, Judge F. B. Hutton.
United States Circuit and District Courts.
In the year 18-, the Congress of the United States created a district in Western Virginia, to which was given the name of the Western District of Virginia, and soon thereafter the court of said district was organized. For many years this court was held at Wytheville, but it was subsequently removed to Abingdon. This district at the present time is composed of the following counties : Alleghany, Albemarle, Amherst, Appomattox, Augusta, Bath, Bed- ford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, High- land, Lee, Madison, Montgomery, Nelson, Page, Patrick, Pulaski, Pittsylvania, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise and Wythe.
Courts are held at five points in the district, semi-annually, to- wit; Abingdon, Roanoke, Harrisonburg, Lynchburg and Danville,
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Washington County, 1777-1870.
The jurisdiction of this court is confined to matters arising under the Constitution and laws of the United States.
This court, from the time of its first meeting in Abingdon until the year 1891, held its sessions on the second floor of the county courthouse of this county.
Some time previous to the year 1884. through the efforts of Col- onel Abram Fulkerson and General William Mahone, the Con- gress of the United States appropriated money sufficient to erect a handsome courthouse in Abingdon for the accommodation of the United States courts, which courthouse was completed in the year 1891, at an expense to the United States of $85,000, including the furnishing of the same, and was occupied the same year.
The judges of this court. so far as I have been able to ascertain, have been :
18-, Judge Caldwell, of Wheeling.
1839-1846, Isaac S. Pennypacker, of Harrisonburg.
1846-1871, John W. Brockenbrough, of Lexington.
1871-1883, Alexander Rives, of Albemarle.
1883-1900, John Paul, of Harrisonburg.
1900-, Henry Clay McDowell, of Big Stone Gap.
The clerks of this court have been as follows :
1839- , Thomas L. Moore.
1839-1846, R. W. Moore.
1846-18 -- , Erasmus Stribling.
1861-, Joseph W. Caldwell.
1871-1874, E. S. Watson.
1874-1884, Benjamin Gildersleeve.
1884-, Isaac Chapman Fowler.
The attorneys representing the United States in this court since 1871 are as follows :
1871-, Robert W. Hughes.
1871-1882, Warren S. Lurty.
1882-1885, Daniel Sheffey Lewis.
1885-1889, Henry C. Allen.
1889-1893, William E. Craig.
1893-1897, A. J. Montague.
1897-1901, T. M. Alderson.
1901-1905, Thomas Lee Moore.
The marshals of this court since 1855 have been as follows :
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Southwest Virginia, 1746-1786.
1855-, Jefferson T. Martin.
1871-1878, Algernon S. Gray.
1878-1882, John F. Lewis.
1882-1886, John G. Watts.
1886-1887, Samuel L. Graham.
1887-1890, James R. Jordan.
1890-1893, John G. Watts.
1893-1898, George W. Levi.
1898-190-, S. Brown Allen.
In addition to the officers above named, several of the citizens of this county and district, to-wit: F. B. Hutton, David F. Bailey, John J. Stuart and John C. Blair, have discharged the duties of assistant district attorney in this court with distinguished ability.
PRESBYTERIANISM IN WASHINGTON COUNTY.
The first settlers of Washington county were principally Presby- terian in belief and of Scotch-Irish descent, and as early as the year 1772 the Rev. John Craig and the Rev. James Campbell, Pres- byterian ministers, had visited and preached to the settlers upon the frontiers (then Southwest Virginia).
It may be thought strange that men situated as were the first set- tlers of this section would have need or would wish to be instructed in religious matters, as their lives were a constant effort to either kill their adversaries, the Indians, or to prevent the Indians from slaughtering themselves and families ; but man is a religious being and cannot divest himself of his religious nature. Herodotus, the ancient traveler and the father of history, said that "cities with- out walls could be found and communities without pretence to arts, laws, or even morals, but no tribe or nation could be found without a religion." The idea of God is intuitive, inherent in the soul of man. And the first settlers of this section were not only susceptible to this idea, but as a rule they had been taught in their youth to honor and love their Creator in all their walks and under all cir- cumstances.
Prior to the year 1772, two congregations had been organized in this county, the one at Sinking Spring, the other at Ebbing Spring, and by the summer of 1773 these congregations had grown until their membership was one hundred and twenty-six persons, and these congregations extended a call to the Rev. Charles Cum-
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Washington County, 1777-1870.
mings, who was then preaching at Brown's Meeting House, in Augusta county.
This call was presented by Samuel Edmiston at a session of the Presbytery held at Brown's Meeting House on June 2, 1773.
Mr. Cummings accepted the call and removed with his family to the neighborhood of the Sinking Spring church (Abingdon), purchased land and settled upon it. Mr. Cummings served the two congregations until the year 1280, when the Rev. Thomas Brown Craighead took charge of the Ebbing Spring congregation, while Mr. Cummings remained in charge of and served the Sinking Spring congregation faithfully and well until 1812, the date of his death.
From the time Mr. Cummings commenced preaching at Sinking Spring up to about the year 1126, the men never went to church without being armed, and taking their families with them. On Sabbath mornings during this period, it was Mr. Cummings' cus- tom, for he was always a very neat man in his dress, to dress him- self, then put on his shot-pouch, shoulder his rifle, mount his dun stallion and ride off to church. There he met his gallant and intel- ligent congregation, each man with his rifle in his hand. When seated in the meeting house they presented altogether a most solemn and singular spectacle. Mr. Cummings' uniform habit, before enter- ing the house, was to take a short walk alone whilst the congregation were seating themselves ; he would then return, at the door hold a few words of conversation with some one of the elders of the church, then would walk gravely through the crowd, mount the steps of the pulpit, deposit his rifle in a corner near him, lay off his shot pouch and commence the solemn worship of the day. He would preach two sermons, having a short interval between them, and go home.
The congregation was very large, and preaching was always well attended. On sacramental occasions, which were generally about twice a year, the table was spread in a grove near the church. He preached for many years, and until far advanced in life, to one of the largest, most respectable and most intelligent congregations ever assembled in Western Virginia .*
In the year 1782, the elders of the Sinking Spring congregation were: Samuel Newell, Sr., George Finley, John Blackburn, John Davis, Andrew Willoughby, Sr., William Lowry and James Douglas.
*Governor David Campbell's MSS.
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Southwest Virginia, 1746-1786.
Mr. Cummings was a very zealous Whig and did much to fire the patriotism of his congregation and the settlers upon the frontiers. He was the first named on the Committee of Safety for Fincastle county and to his pen has been generally attributed the resolutions adopted by the freeholders of Fincastle county on the 20th of Jan- uary, 1775. He was a member of Hanover Presbytery and assisted in the preparation of the petition for the abolition of the established church, which was presented to the General Assembly on the 24th of October, 1776, and after the organization of Washington county, in the year 1777, he was chairman of the Committee of Safety for this county during the Revolution, and never failed to serve his country in the cause of liberty when an opportunity afforded.
An idea may be had of his influence and the dependence placed upon him by our leaders during the darkest days of the Revolution from a letter addressed to him by Colonel Arthur Campbell in June, 1778, upon his return from Richmond :
"Yesterday I returned home, the Assembly having adjourned until the first Monday in October. The acts passed and a list of their titles I here enclose, together with an address of Congress to the people of America, for you to publish agreeably to the resolve. I wish you could make it convenient to preach at the lower meeting house in this county, if it was but a week day, as the contents of the address are of the most interesting nature, both as to the moral and political conduct of the good people of America. Providence is daily working out strange deliverances for us. The treaty with France is much more advantageous than the wisest men of this country expected. The Indians the other day were unexpectedly discomfited on Greenbrier. 'I think the overthrow was something similar to what happened in this country about two years ago. I must give you the intelligence at full length, as the most hardened mind must see and admire the divine goodness in such an interpo- sition."
Mr. Cummings was succeeded by the Rev. Stephen Bovel, and an eye-witness of the place and character of the service at the Sinking Spring church in the year 1833 says: "The Presbyterians wor- shipped in a very old log building at 'the Grave-Yard'-weather- boarded outside and ceiled inside. To this plain, old-fashioned house would, literally, the gathering of the people be. From the hills and valleys the worshippers would pour in until an overflowing
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Washington County, 1777-1870.
house would leave a multitude outside. Ladies and gentlemen, with their children, would walk there twice a day in summer's heat and winter's cold, and listen to one or two discourses before returning to Abingdon ! They went there for a purpose, and that purpose was to worship God. The silence of death almost prevailed before preach- ing. Talking and jesting in the house of God had not then become a fashionable amusement. They were prayerful, solemn, thought- ful, serious, and never failed to enjoy the services of the sanctuary and of the minister. The same writer says: "Dr. Bovel was a minis- ter of the olden stamp. We have heard gray-headed members of the church speak of his teaching them 'the Assembly's Catechism.' when they were children. Venerable patriarch of the church! We saw him when far beyond his three score years and ten. With his white head, tremulous voice and faltering steps, he still moved amongst the former people of his charge. In extreme age-the activity and usefulness of his young manhood having passed by, and repose and comfort should have been his-he journeyed far away, and sought a home, and found his grave in a distant State."*
In the year 1830 Mr. Bovel was succeeded by Rev. David R. Pres- ton, and shortly thereafter this congregation erected a new church building (now Temperance Hall), and worshipped in this building until the schism of 1837 divided the church; when one branch of the church erected a new building on the lot now occupied by the Presbyterian church at the corner of Main and Slaughter streets.
From the year 1837 until 1865, two congregations of Presbyte- rians worshipped in the town, one at the Temperance Hall and the other at the new church, and the feelings between the two con- gregations were such as to greatly endanger the existence of the church.
The total membership of both churches in 1865 was one hundred and twelve members only. The two congregations were united in 1865, through the efforts of the Revs. Thomas Brown and James McChain, and since that time the church has greatly prospered, the membership at the present time being three hundred and thirty.
This church took its name from the Sinking Spring near the marble yard of James L. Brown, and this church is the parent of the Meadow View, Cold Spring. Green Spring, Walnut Grove, Maple Grove, Spring Creek, Bethel and the first Presbyterian church of Bristol, Tenn.
*Rev. Lewis F. Cosby.
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Southwest Virginia, 1746-1786.
The pastors serving this church during its history have been :
17.74-1812, Rev. Charles Cummings.
1812-1830, Rev. Stephen Bovel.
1830-1835, Rev. David R. Preston.
1835 -- , Rev. William Preston, stated supply.
1835-1842, Rev. Stephen Taylor.
1842-1866, Rev. James McChain.
1870-1883, Rev. E. H. Barnett, and in recent years Revs. P. D. Stephenson, T. A. Wharton and R. V. Lancaster.
The ruling elders of this church, so far as I can ascertain, in addi- tion to those previously given, have been : James Vance, James Davis, Michael Shaver, Alexander White, J. W. C. Watson, Elias Ogden, Henry Parrot, Archimedes Davis, T. P. Clapp, John F. Preston, Philip Snapp, Jacob N. Campbell, R. C. Craig, Samuel A. Preston, D. C. Dunn, R. L. Francisco, Robert J. Preston, T. D. Davidson, B. Gildersleeve, John A. Buchanan, R. A. Preston, John A. Hagy, F. B. Hutton, W. B. Ingham, T. M. Clapp and B. R. Smith.
Ebbing Spring.
This was one of the first churches to be organized in Washing- ton county, and its first pastor was the Rev. Charles Cummings, who served the church until 1780, when he was succeeded by Rev. Thomas Brown Craighead.
This church was named from the Ebbing Spring, the church building being on the hill a short distance north of the spring. This spring is now on the farm, owned by David Stump, on the Middle Fork of Holston river, in the upper end of this county, and in its normal condition it is a beautiful stream flowing from among lime- stone rocks. Before the water begins to flow there is a gurgling sound, and then the stream gushes out with a rapid current, filling the channel. The ebb begins gradually, and in less than half an hour the spring is as limpid and quiet as before the disturbance .* This was the place of worship of General William Campbell and the families east as far as the head of Holston, and the number of the worshippers at this church was exceeded by that of the Sinking Spring only.
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