USA > Virginia > Frederick County > Frederick County > Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia. > Part 17
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"Ordered that the Sheriff do pay unto Mar- garet Kreamer Eight Pounds, it being the amount of her pension the last year, agreeable to a certificate.
"April Court: Ordered that the Sheriff do pay to Hannah Crawford One hundred and thirty- five Pounds, being the amount of her Pension the last year., etc."
"Ordered the Sheriff pay William Rodering Twelve Pounds the amount of his Pension.
"Ordered the Sheriff do pay George Hite Forty Pounds, it being amount of his Pension."
"Ordered the Sheriff pay Arthur Dent Eight Pounds, it being the amount of his Pension the last year."
"Ordered the Sheriff pay Peter Rust Ten Pounds, the amount of his Pension the last year."
"Ordered the Sheriff pay to James Keeling Eight Pounds, it being the amount of his Pen- sion the last year."
"Ordered the Sheriff do pay unto Mary Cook Twelve Pounds, it being the amount of her Pen- sion the last year, etc."
"Ordered the Sheriff pay Leby Hellion,
...... it being the amount of her Pension the last year."
"Ordered that John Hockman be recommended to be appointed Capt. of Militia of the County, Solomon Van Meter his Lieutenant, and Argyle Ashby his Ensign."
"Ordered that Wm. Elzey be recommended to be appointed Capt. of the Militia." (These are given as samples of many orders of Court en- tered in reorganizing the military establishment under the laws of new State.)
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CHAPTER XVII
Roads Opened and Overseers Appointed 1788-89
Order Book-1788-89
PAGE.
PAGE.
From Haynes's tan yard to Crooked Run- Joseph Haynes, overs'r I
Newton to Christman's Spring-John S. Williams, overs'r 37
Kendrick's Upper Ford to Bucks Ford-John S. Williams, overs'r 38
Wiley's sawmill to Ashby's Gap- John S. Williams, overs'r 38
" Brown's Lower Mill to Newton-John S. Williams, overs'r 40
" Battletown to Lewis Lower Mill-John S. Williams, overs'r 84
From Lewis Neill's Mill to the road leading to Snicker's Ferry-William Tyler, overs'r 84
" Newton to Chesters-William Tyler- overs'r 86
" Colvin's Ford to Shenandoah River- Isaac Hite, Jr., overs'r 90
" Hite's Mill to Fry's Gap-Isaac Hite, Jr., overs'r 104
" Stephensburg to Williams fence-Henry Stephens, overs'r 150
Winchester to Berrys Ferry-Henry Stephens, overs'r 151
" The New Road to Berkley line and to Brices-Henry Stephens, overs'r 152
" The top of Little Mountain to Marlboro Forge-Henry Brill, overs'r 154
" Brown's tanyard to Newton-Jacob Leonard, overs'r 154
" The Blue Ball Tavern to Berkley line- James Bruce, overs'r 159
" Brown's Ferry to Front Royal-James Bruce, overs'r 170
" Island Ford to Morgan's Ford-James Bruce, overs'r 171 Stephensburg to Chesters Gap-James Bruce, overs'r 173
Capt. Steads to the Warm Spring Road-Isaac Smith, overs'r 185
" Zane's Forge towards Stover Town- Martin Haggy, overs'r 187
" Buck Marsh Bridge to Old Chappel- Thos. Byrd., overs'r 187
" Helms Mill to the Main Road-Thos. Byrd, overs'r 226
From Stephensburg to Chester Gap-Thos. Byrd, overs'r 226
" Gregory's Ford to the forks of Manas- sas Run, William Hood, overs'r 233
" Browns Lower Mill to Stephensburg,- William Hood, overs'r 241
Stephensburg to Williams-Discow, overs'r 242 Through George Braxton's Planta- tion, Ord. 311
Langley's Spring to the Chappel Road-John Colvin, overs'r 312
" Helm's Mill to the Main Road-John Colvin, overs'r Ord. 321
Philip Carpers to David Brown's New Mill-Ord. 321
Buffaloe Lick to the road from Brown's Mill, Ord. 326
" Livingstone's Lane to Hite's Mill- Edward Howe, overs'r. 326
« Neills Mill to the Little North Moun- tain, Ord.
327
6€ Colvin's Ford to Hites Ford-Isaac Hite, Jr., overs'r. 330
" Parkin's Mill to Redd's Ford-Robt. Allen, overs'r. 330 Opecquon to the Forge-John Allan, overs'r. 331
" The Forge to Cedar Creek-Martin Haggy, overs'r.
331
The Berkley line to Littlers Run- Abraham Branson, overs'r. 334
" The School House in Stephensburg to Sutherlands field, Ord. 406
Philip Carpers to David Browns New Mill, Ord. 409
« Stephensburg to Myers Mill, Ord. 409 Widow Coopers to Browns Mill- Ord.
409
= Christopher Becks to Henry Lewises' Ord. 414 Lextons Mill to Josiah Ballingers Ord. 415
" The Road to Chesters Gap, to Manas- sa Gap-Wm. Vanort, overs'r 426
Battletown to Snickers Ferry-Math- ew Wright, overs'r. 502
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CARTMELL'S HISTORY
PAGE.
From Romney Road to Hunting Ridge- Isaac Steer, overs'r.
= Sir Johns Road to the Berkley Line- William Catlett, overs'r. 502
" Neills Mill to Lextons Mill-Andrew Shrack, overs'r.
503
" Brown's Orchard to the Chappel Road-John Lavore, overs'r.
503
" Road leading from Stroups Mill to Bruce Mill, Ord.
503
= Christopher Becks to Stephensburg Ord.
507
" Lextons Mill to Isaac Browns, Ord. 507
" Stephensburg to Bucks Ford, Ord. 507
" Road from Stone Bridge to Thurstons Mill, Ord. 508
" Littler's Mill to Grapes Ford-Ord. 511
Col. Briscoes to Winchester, Ord. 511
" Winchester to Hoop Petticoat Gap- Saml. Carter, overs'r. 513
The full minutes entered relating to the fore- going roads, describe the route taken, and give names to land owners affected by the new roads.
August Term, 1788:
This list of Grand Jurors at this Term is giv- en to show some of the old families serving the War, and ready to serve their country in a civil capacity :
Thos. Byrd, Foreman; Francis Stribling, Jacob Grapes, Lewis M. Shaver, Jacob Roher, Jacob Bowen, Vance Bush, David Wilson, James Hen- ning, John Emmitt, Henry Catlett, Joseph King, Stephen Pritchard, Mabra Madden, Joseph An- derson. Seven of this number have entirely dis- appeared from our records, though the descend- ants, under other names, are residents of the Lower Valley at this writing.
The Grand Jury presented several persons for various offences : several overseers of roads for not keeping their roads in repair. One is given to show the interest old Courts took in requir- ing good roads to the meeting houses: This appears at the November Term, 1788:
"The Overseer of Road from Capt. Samuel Glass to Opecquon Meeting House presented, and indicted for not keeping said road in re- pair."
March Ct., 1789.
"Alexander White, Esq., having been elected a member of Congress in the United States, which under a late Act of Assembly, it is the opinion of this Court vacates the office of Deputy States Attorney for this County, Whereupon the Court proceeded to the appointment of a person to act in that capacity, when Charles Magill, Sr. was
unanimously appointed, and thereupon took the oath accordingly.
502 It will be observed that the minutes of the Court, briefly given, embrace the entire period known as the War period. Although British rule was changed to that of Independent States, and a new order of government was gradually taking place, and fully inaugurated when the first Constitution was adopted by the Thirteen Colonies, the Colonies having in joint convention in Philadelphia, 17th day of September, 1787, fully established and ordained the celebrated Constitution and submitted it to the States for ratification, unavoidable delays occurred. Sev- eral States could not act promptly, owing to conflicting opinions. Virginia, however, soon had her government conform to the Articles of Un- ion and Confederation; and under her own Con- stitution, adopted June 29th, 1776, the courts had been recognized. But without any interruption so far as related to Frederick County prior to this radical change, the Courts were held in accordance with the spirit and authority of the Declaration of Independence. The only percep- tible change appearing to the casual reader, would be the disappearance of the usual open- ing Order: "By the Grace of God and of our Lord and Sovereign King, etc .; " and, taking its place. "By the Grace of God and authority of the Commonwealth of Virginia"-the Court was opened without comment. The first Court to convene after the Colonies had declared for In- dependence, was August 6th, 1776; and it may be well to enter here who composed this first Court, and what was presented for action: Pres- ent, John Hite, Isaac Hite, Chas. Mym Thrus- ton, John McDonald, John Smith and Edward Taylor.
"An Ordinance of the Honorable, the Conven- tion of the Commonwealth of Virginia, direct- ing that the different members named in the former Commission of the Peace, should con- tinue to act in the said office, upon their taking the oath prescribed in the said Ordinance:"
"Whereupon Isaac Hite and Chas. Mynn Thurston administered the oath to John Hite; who took and subscribed the same, and then the said John Hite administered the said oath to all the aforesaid members, who took the same as Justices of the said Commonwealth."
"James Keith took the oath as Clerk of Court- Henry Peyton took the oath as Deputy Clerk- Angus McDonald took the oath as Sheriff- Nathaniel Cartmell Jr., took the oath as Dep. Sheriff-Gabriel Jones, Alexander White, George Roots, Dolphin Drew, John Magill and Henry Peyton, Jr., took the oath as attorney." Such men deserve special mention, their patriotism
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ROADS OPENED AND OVERSEERS APPOINTED
being fully emphasized by this prominent action. The infant Republic had arrayed herself against the Mother Government; and to many doubtless, the declaration meant ruin for those who so boldly avowed their rebellion. Lord Fairfax, who had been the Presiding Justice and County Lieutenant under the Colonial Government, was noticeably absent.
At a subsequent Term, the Court discovered that quite a number of the old Justices declined to appear and take the oath; and in order to com- plete the list of Justices, the following gentle- men were named in this order :
"Ordered, That Marquis Calames, Robert Wood, Wm. Gibbs, Philip Bush, Robt. White, Joseph Holmes, Thomas Helm, Edward McGuire, and Edward Smith be recommended to his Ex- cellency, the Governor of the Commonwealth of Virginia as proper persons to be added to the Commission of the Peace for this County."
William Booth, Warner Washington and Thomas Bryan Martin, three of the old mem- bers, declined to serve.
During the War period, a number of persons were arraigned before the Court, charged with treason to the new Government. Fines were imposed, and in some cases jail sentences were executed. In consideration of the fact that many descendants of the Tory element were fully iden- tified as loyal supporters of the cause of Freed- om, names of such are omitted. Owing to this state of affairs, the Court proceeded to execute the law in relation to the loyalty of citizens; and at the November Term, 1777, we find this order :
"Ordered, that Edward McGuire is appointed to administer the Oath of Fidelity, prescribed by law, to the inhabitants of Winchester, pursu- ant to the directions of an Act of the Genl. Assembly," (Dec., 1775, May, 1776).
Thomas Helm, to administer oaths, etc., in the Districts of Captains Barrett, Ball and Mc- Kinney.
Joseph Holmes in the Districts of Captains Gilkerson, Nisewanger and Barron.
Robert Throckmorton, in the Districts of Captains Wilson and Longacre.
Wm. Gibbs, in the Districts of Captains Reyn- olds and Baldwin.
Robert White, in the Districts of Captains Babb and Rinker.
Edmund Taylor, in the Districts of Captains Farron and Catlett.
John Hite in the Districts of Captain Helm. The law provided punishment for any who re- fused the oath. Fuller mention will be made about this Tory element. The reader will rec- ognize a singular coincidence of places and names in the following. Kercheval in his History of
the Valley, says: "That while Genl. Morgan was taking a little needed rest near Winchester, after defeating Tarleton at the Battle of the Cowpens, the General was informed of a nest of Tories holding out in some force, on Lost River and South Fork in Hardy County, and was requested to lead an expedition to that sec- tion and quell the rebellion. The old warrior was soon on the march; arriving in the Lost River Valley, he found that John Claypole and his two sons were defying the authorities of that County. They were suppressed; and the expe- dition then proceeded to the stronghold of the other insurgents on the Fork, about fif- teen miles above Moorefield, where they found John Brake, a well-to-do German well fortified and determined to resist an attack. Brake and his insurgents had previously with- stood several attacks from the Militia, and had become very bold, and his band had increased in numbers. But they were now confronted by men who had come to subdue and not to parley. The house was surrounded; many Tories es- caped to the woods, however, and were not cap- tured; but the moving spirit, Brake, capitulated, and Morgan and his little army feasted on the products of the old Tory-farm, mill, distillery, beeves, pigs, lambs and poultry-while their horses enjoyed the unmown meadows, oat fields, etc.
Coincident with the foregoing, is the follow- ing, which occurred eighty-one years subsequent to the period referred to: It was while Genl. Turner Ashby was enjoying a needed rest after his arduous achievement, guarding and protecting the rear of Genl. Jackson's Army, as he slowly fell back from Banks' advance on Winchester in the Spring of 1862. The Valley Army was in camp in the vicinity of Lacey Springs, North of Harrisonburg. Ashby was informed that it was important to the Service to send a small force of Cavalry to Moorefield and take observa- tions of any Federal columns moving from West Virginia points towards the Valley; and while on this expedition, to discover certain parties in that section that had been reported to Jackson as enemies who secretly reported every movement of the Confederates to the Washington Govern- ment; and that when discovered, the system must be destroyed. Ashby proceeded at once to select men who were by their residence famil- iar with the country. For this service the author's Company was detailed-Company B, of the 17th Battalion, Ashby's Brigade, W. H. Harness, Cap- tain. The officers and men were enjoined to avoid engagements with the enemy. The Com- pany, by circuitous marches, crossed the moun- tains and Lost River; thence over the mountain
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CARTMELL'S HISTORY
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via Howard's Lick, and halted at Gunpowder Springs near Moorefield, fully obscured from view either by citizens or the Federal troops then occupying the Moorefield Valley. The next day the Company was divided into three detach- ments, to reconnoitre the Post. Information had been obtained from trusted persons that there was a nest of Swamp Dragons far up on South Fork, on Brake's Run, and that they must be the men we were expected to capture. Capt. Harness was too well known in that section to take the lead; and he detailed the writer to head the detachment, composed of as wary and brave men as ever bestrode a horse. They start- ed out well aware that prudence was the better part of valor. It was well known the Federal scouts wore grey uniforms and it was deemed best to approach the house and play the Jesse Scout trick of war. This was regarded by some as reckless, as the detachment might be am- bushed. The writer was allowed to try the ex- periment of deception. The few men found in the house readily accepted the situation, and eagerly told what they knew about Rebels, ex- pressing a desire that we would some day cap- ture that Captain Harness, Samuel Alexander, Jim Lobb and several others, members of our Company. They had just returned from the Federal Camp and had heard this scouting party had gone in that direction, and were fully pre- pared to expect their arrival any hour. This was a bit of news that had to be heeded; and the party was preparing to move off, when Brake the owner of the property insisted the boys must have dinner. This was hastily taken by a few, the remainder standing guard to give notice of the approach of Federals. Brake was informed that he and his party must accompany the detach- ment to camp and there be identified as loyal and true; which was agreed to. Brake, his son-in- law, Pope, and several others were soon on the trot, marching towards Moorefield, but when within three miles of the camp, our little column filed to the right, crossing the mountains to Lost River, and thence to the Valley Headquarters, where the prisoners were interviewed by Genl. Jackson. It is needless to say they soon dis- covered the trap they had fallen into. They were kindly treated by our party; and when a squad of Co. A, of Ashby's Command, made a dash to take them from our guards while rest- ing at Cootes' store in Shenandoah County, Cap- tain Harness and the writer and one Guard, Jim Cunningham, had bullets to pass through our clothing, and a man named Mason of Co. A, one of the attacking party, was badly wound- ed in the foot. This Co. A recognized two of the prisoners as members of a gang that had
killed one of their men. This digression must now end. The author hopes some survivors of the old Company may read these incidents and be able to recall the hardships of that expedition. Fuller notice may be given this expedition later on.
The incidents narrated above, suggested to the writer another, in which Tarleton, the notorious British Colonel that Morgan had defeated, made himself famous in his effort to capture Mr. Jef- ferson, the Virginia Governor, and the General Assembly then at Charlottesville. We have sev- eral versions of this exploit of the Colonel-one from Howe, p. 166, and one from Tucker's Life of Jefferson. We will take the liberty to draw from both :
In May, 1781, when Cornwallis invaded Vir- ginia, the Legislature adjourned from Richmond to Charlottesville, as a place of greater safety. In June, Tarleton was detached to Charlottes- ville, with 180 Cavalry of his legion and 7 mounted Infantry, with directions to surprise the General Assembly, seize the person of Jefferson, then the Governor, and do such other things as the partizan Colonel chose. A gentleman who was in the neighborhood of the British Army, suspected Tarleton's object and was able to give Jefferson two hours' notice. Quite a commotion occurred; the Governor hastened to make his escape, but took time to adjourn the Assembly to re-assemble on the 7th of June at Staunton. All escaped capture except seven members. Tarle- ton entered Monticello, Jefferson's mansion, ten minutes after the Governor had gotten away with his family. The British soldiery perpetrat- ed the most wanton acts of destruction, pillage and robbery-cattle and horses driven off, and unbroken horses killed, barns and fences burn- ed, and growing crops of corn and tobacco de- stroyed. The surrounding country for miles suf- fered. Tucker says: "Thirty thousand slaves were taken from Virginia by the British in these invasions, of whom it is computed twenty-seven thousand died of the small-pox, or camp fever. The whole amount of property carried off and destroyed during the six months preceding Corn- wallis' surrender, has been estimated at 3,000,000 pounds sterling." Similar wanton destruction occurred in later years, conducted by such de- mons as David Hunter. Tarleton entered Char- lottesville on the 4th day of June; Mr. Jefferson's Term as Governor expired four days after. Ex- Governor Patrick Henry had been the Governor's guest during the session, but now hastened to- wards Staunton to join the General Assembly. Mr. Henry has been distinguished for many en- viable traits; but here is an incident that has not been told so often that it may not be re-
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ROADS OPENED AND OVERSEERS APPOINTED
peated. Governor Gilmer has left many inter- esting stories relating to the dispersion of the statesmen at Charlottesville. One is that Mr. Jefferson concealed himself in Carter's Mountain, and that Patrick Henry, in his flight to Staun- ton, met Col. Lewis in one of the streets, to whom he related the adjournment and flight of the Legislature, then on their way to Staunton. Col. Lewis, not knowing who the stranger was, said to him: "If Patrick Henry had been in Albemarle, the Birtish Dragoons never would have passed over the Rivanna River."
The legislators were badly demoralized; for we find they felt Staunton was unsafe, and dreaded Tarleton might suddenly appear in their midst. Quite a number left during the night, and sought the hospitable home of Col. Geo. Moffett, near which there was a cave that would afford a safe retreat. During Mr. Henry's hasty changes, he had the misfortune to lose one of his boots. While partaking breakfast the next morning, the hostess, Mrs. Moffett, who was an enthusiastic Whig, remarked: "There was one member of that Legislative body she knew would not run." The question was asked by one of the party : "Who is he;" Her reply was "Patrick Henry." At that moment a gentleman with one boot colored perceptibly. The party soon left, and after their departure a servant rode up with the lost boot and enquired for Mr. Henry, stat- ing that Patrick Henry had left Staunton in such haste that he had forgotten his boot. Of course, Mrs. Moffett knew at once who it was the boot fitted.
The foregoing incidents serve to show the frenzied condition of the period which we now treat of, 1776-1788.
The Fathers of the Revolution possessed many traits that we fail to appreciate at this late day; and it might be well to briefly state their situation, when they wrote the memorable words : "The regal government is totally dissolved." No other form of government had then been adopted. Henning tells us: "The militia laws had been suffered to expire; the revenues of the Crown were in the hands of its late officers, from which they were not extracted until a late per- iod; and when they dared that hazardous enter- prise of Revolution, found themselves without a government-without men-and without money. Indeed, they had nothing to support them in the awful contest, but their own virtue and talents, and a firm reliance on the Sovereign Disposer of all events." But there was no halting-On- ward was their slogan in Council or in the armies. The wheels of government could not turn with- out money, and many schemes were adopted to husband the products of the farms and mills ;
Committees of Safety were created; stringent laws enacted by all the Colonies to prevent waste of supplies, and to encourage economy in all things but brain and muscle. The Continental Congress saw the need of issuing paper money, which they styled continental money. It became necessary to resort to the scheme five times during the War. The dates and amounts of is- sue were as follows, and its value at certain periods :
1775, June 22, issued $2,000,000, and together with other issues to 1781, $2,000,000, were issued, and of this none redeemed.
1777, January, paper currency 5 per cent. dis- count; in July, 25 per cent., and before the end of the year $3 in paper would not purchase one in silver.
1778, April, $4 in paper to one dollar in coin.
September, $5 to one in coin, and in Dec., $6.50 to one in coin.
1779, Feby., $8.50; May $12; Sept., $18 to one in coin.
1780, March, $1 in paper three cents; May, two cents; and Dec., $74 in paper was worth one dollar in silver.
This worked havoc among the soldiers at Valley Forge and elsewhere. Old Confederate soldiers will see from the foregoing similar trials experienced by the soldiers of Lee in the Winter, 1864-5.
The Prohibitionists of the present day, in their sweeping efforts to suppress traffic in intoxicat- ing beverages, may be surprised to learn that their movement is not more radical than meas- ures adopted by the State one hundred and twen- ty-nine years ago. The Act of Assembly speaks for itself:
"October, 1778-3rd year of the Common- wealth-
Whereas the great quantity of grain consumed in the distilleries, will increase the present alarm- ing scarcity, Be it enacted by the General As- sembly, That no kind of spirituous liquors shall be distilled from Indian corn, wheat, rye, oats, barley, buckwheat, meal or flour, within this Commonwealth, between the fifteenth day of February next and the fifteenth day of October next." Severe penalties were provided for all violators of the law. This was regarded as an emergency act. The law was repealed in 1779, whether by reason of a surplus of grain ob- tained by the prohibitive Act, or because the legislators became alarmed at the scarcity of spirits around their base of operations; for be it remembered that lawmakers then, as now, were cautious concerning their individual wants.
The General Assembly, during the trying War period, was confronted by grave issues that
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CARTMELL'S HISTORY
emanated from the States of Maryland and Pennsylvania. These had to receive much at- tention; and as Frederick County was directly concerned in those issues, brief mention will be given: The issue was the Cession of the North-West Territory, that Frederick and Au- gusta had fought singly and alone to wrest from the grasp of the Redmen and their French al- lies, and had maintained their supremacy over, up to the time when the two States objected to such claims of Virginia. They hesitated in sign- ing the Articles of Confederation between the States, until Virginia should yield her rights (which the two States denied she had), and cede her pretended interest in all territory West of the Ohio River. Maryland was a stumbling block to confederation, refusing to take any step until a guaranty was given that all the States should have joint interest in the territory through the United States Compact. The situation was perilous. British statesmen watched the contro- versy with increasing interest. One of the states- men, in a familiar address to Parliament, pre- dicted that the jealousies and discord between the States would result in disruption and inter- nal strife, and that the cause of American free- dom must become a myth, and for this reason if for no other, war should be waged more vig- orously. Virginia had patriotic statesmen who were willing to make greater sacrifices, if need be, to secure a compact between the States; and has left in evidence her acts and her reasons. The Genl. Assembly, Jany. 2, 1781, after ex- hausting all plans for settlement, finally yield- ed and published the following: "The General Assembly of Virginia, being well satisfied that the happiness, strength and safety of the United States depend, under Providence, upon the rati- fication of the Articles for a Federal union be- tween the United States, heretofore proposed by Congress for the consideration of the said States, and preferring the good of their country to every object of smaller importance-
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