USA > Virginia > Frederick County > Frederick County > Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia. > Part 25
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By the Court, JAS. KEITH, C. C."
"THIS INDENTURE made the second day June in the year of Our Lord One Thousand Eight Hundred and One Between James M. Mar- shall of the City of Washington in the District of Columbia in the United States of America and Hatty, his wife, of the one part, and Charles Mynn Thruston, John Smith, Robert White, Sen'r., Edward McGuire Sen'r., James Gam'l. Dowdall, Joseph Longacre Sen'r., John S. Woodcock, Dav- id Kennedy, Thomas Massie, Robert Macky, Thomas Buck, Goviard Briscoe, John Kean, Isaac Hite, Jun'r., Rawleigh Colston, Matthew Wright, Cornelius Baldwin, Nathaniel Burwell, Thomas Parker, John Hickman, George F. Nor- ton, James Singleton, Strother G. Suttle, Mere- dith Helm, George Blackemore, Charles Smith and Daniel Conrad, Gentlemen Justices now in the commission of the peace in and for the
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County of Frederick in the Commonwealth of Virginia, and Henry Beatly, Mayor, Lewis Wolfe, Recorder, William Davison, William Ball, Jo- seph Gamble and Peter Lauck, Aldermen of the Corporation of Winchester of the other part, Witnesseth Whereas the General Assembly of Virginia on the thirty first day of December in the year of our Lord one thousand seven hun- dred and ninety nine passed an Act concerning the Public Square in the Borough of Winchester (reciting therein that it had been represented that James M. Marshall is willing to convey to such persons as may be empowered by the Gen- eral Assembly of Virginia to take a conveyance, all his right, title and interest in and to the pub- lic square in the Borough of Winchester in the County of Frederick except that part on which the church stands and the church yard annexed thereto) and thereby enacted that any Deed of Conveyance made and executed by the said James M. Marshall for the public square as aforesaid to the Justices of the County aforesaid, the Mayor and Aldermen of the said Borough of Winchester and their successors (to and for the use of the said Borough of Winchester and County of Frederick) shall be as good and valid in law as if such conveyance had been made to an individual.
"NOW THIS INDENTURE WITNESSETH that the said James M. Marshall and Hatty his wife, in pursuance of the will heretofore express- ed and of the said Act of Assembly in this par- ticular case made and provided Have Bargained, Sold and Conveyed unto the aforesaid Justices of Frederick County and the said Mayor and Aldermen of the said Borough of Winchester and their successors to and for the use of said Borough of Winchester and County of Frederick all the right, title and interest of them the said James M. Marshall, and Hatty his wife, either in Law or Equity in and to the public square in the Borough of Winchester in the County of Frederick except that part of which the Church stands and the Church yard annexed thereto which said Public Square of Ground con- tains four Lots and each Lot is one hundred and nineteen feet in front and one hundred and eighty- nine feet nine inches deep and said Square is bounded by Loudoun on the Westward, by Lots No. 19 and 26 on the Northward, by Cameron Street on the Eastward and by Bocowan Street on the Southward, on which said Public Square stand a Court-House, Market-House, two Jails, two Engine-Houses, a black-smith shop and the Pro- testant Episcopal Church and Church-Yard annex- ed thereto (which part of the said ground on which the said Church stands and the Yard annexed thereto enclosed by a stone wall is expressly ex-
cepted out of this conveyance) TO HAVE AND TO HOLD the said Public Square of Ground with the buildings and improvements thereon and all other the appurtenances (except as before excepted) unto the aforesaid Justices of Freder- ick County and the Mayor and Aldermen of the said Borough of Winchester and their succes- sors (to and for the use of the said Borough of Winchester and County of Frederick) for- ever according to the true intent and meaning of the Act of Assembly before in part recited. And the (said) James M. Marshall and his heirs the land and other premises hereby conveyed unto the Justices of Frederick County and the Mayor and Aldermen of the Borough of Win- chester and their successors to and for the use of the said County and Corporation against them, the said James M. Marshall and Hatty, his wife and their heirs and all and every other person and persons claiming or to claim by, from or un- der him, them or any of them shail and will war- rant and forever defend by these presents. IN WITNESS whereof the said James M. Marshall and Hatty, his wife have hereunto set their hands and seals the day and year first hereinbefore written. J's. M. MARSHALL, (L. S.). (L. S.).
Signed, sealed and delivered in the presence of :
J. PEYTON, GRIFFIN TAYLOR,
OBED WAITE."
It must not be forgotten that James Wood, by an Act of the Genl. Assembly, 1758, laid off other lots as an addition to the town founded by him in 1744 and added to by the Fairfax Addition in 1752. That portion referred to in the Act of 1758 comprised 106 acres taken from his other land contiguous to the town of Win- chester. This is properly called Wood's Addi- tion and lies in western part of the City, through which the streets and alleys, running at right angles, are shown in the plat of the town,-now part of the files of the Corporation Clerk's office.
Having given much space to show fully the topography of the town, whose boundaries thus established, continued without change. No more additions (Two others to be hereafter mention- ed, one in 1782; the other 1905). The area and plan well adapted to any demand made for any class of trade or business, as well as for the pala- tial residences that adorn the city of to-day. We must now show as briefly as possible, how this territory or parcel of land was used; and who many of the users were. As already stated, the old Justices Court appropriated quite a large space in the central part as early as 1744 in ac-
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CITY OF WINCHESTER, 1743-1850
cepting the offer of Col. Wood, and proceeded to erect the necessary buildings required for a county seat. They evidently chose the site them- selves; and from that date on through many years, the court made frequent orders concern- ing the proper management and control of their "Public Lotts." These orders are replete with valuable historic incidents-too numerous, how- ever, to make it desirable to include them in this work. Proper reference will be given, however, to show authority for statements hereafter made.
To the present inhabitants of Winchester, the Public Lotts mentioned in the old court minutes, means the courthouse square and what was once the old market square-the former containing the Court House and clerk's offices, for the use of the county; the latter adorned by the handsome and spacious building with frontage on Cameron Street (Market), known as the Rouss Memorial, for the use of the City. This much would doubt- less be sufficient for the present, but as our office is to write history, the reader will see the neces- sity for more explicit description, and future gen- erations will expect us to have compiled inci- dents in such form as to give ready answer to such enquiries as are now being continually made in relation to the subject matter now being treat- ed. The writer has been deluged with such en- quiries for the last quarter of a century- many so simple, yet difficult to answer. For instance, how few there be who could answer the oft repeated questions: When was your court house built? Is it the first that was used by the courts? What is the history of the old building? While such questions may have quick answer from an old Clerk of court, grown familiar with such incidents, he is astonished to find the general lack of information on this and similar subjects. And so the author feels it his duty to compile in this work much matter for reference, gathered from time to time from out of the musty records of by-gone periods. As elsewhere stated, the early courts took the first steps toward the county seat buildings by plain orders, directing certain persons to clear the ground for the erection of a "log-house," and report to court; then the site selected, and dimen- sions of the court house given into the hands of several of the Justices, to proceed to build, etc. This log-house for the court was erected on the ground now occupied by the West end or vesti- bule of the present court house. The length must have been forty feet, for in the instructions to the persons executing the order, is this language "The logs must be 40 feet with even dimensions and well shapen on two sides" and as no other lengths were given, it is safe to assume that the build- ing was square. Those virgin forests must have
had "tall timber" to furnish the Justices' bill. The first court house faced South. Orders of court show the anxiety to have the space in front of the court house to Boscowan Street (Water) cleared of all obstructions. One minute shows the impatience of the court, requiring the Jus- tices who had charge of this improvement, to re- port the cause of delay in removing the stumps, so as to afford better entrance to the court house from Boscowan Street. Later on report was made that the court's order had been executed. The committee reported the new jail ready for occupancy. This building was located towards the southeast of the court house front, toward Water Street, and "44 feet from the line there- of," "with an enclosure for jail-yard in the rear;" the site being about 40 feet South from the en- trance to the city hall from the plaza. No report as to the clerk's office for several years; mention being made at some terms of the court about the records being in the court house. Tradition has it that Mr. Wood, the clerk, kept the office at his own house near the town,-the property now owned by Col. W. W. Glass. The site for the first office had been selected, however, and this was to be near the southwest corner of the foundation of the court house and 11 feet distant therefrom. This must have embraced part of the ground occupied by the West end of the present clerk's office and the two law offices now owned by Mr. Bantz. As will be shown later on, the Public Lotts embraced all ground between the present court house yard and Water Street No building of any kind on that space until 1762, when a stone building was erected fronting on Loudoun Street, ten feet distant from the Loudoun Street corner. This stone building was for a number of years the home of the Episcopal Church of Winchester, (of which fuller mention will be given under the head of churches, etc.) Sometime prior to the erection of this edifice, a considerable space directly South of the old Clerk's Office was used as a burial ground for a number of persons-the whole corner lot receiving some sort of dedication from Lord Fairfax. No one doubting his authority to do what his Lordship desired in his own proprietary. So, doubtless, the townspeople and authorities were cognizant of his act-it may have been but the wave of his magic hand; suf- ficient, however, to settle the question. And the Court no more concerned itself in relation to that part of what had been called the "Public Square," except, however, on several occasions, the court had its attention called to the fact that some encroachments were being made on the "burial ground" from the extension of the clerk's office. Then it was that the line was determined
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CARTMELL'S HISTORY
between the county property and the corner lot referred to. A stone wall was erected, running from Loudoun Street to the clerk's office, which afterwards became the subject of much attention from the court. No mention made of who paid the cost of erection; but the court ever after- wards kept this wall in repair, and protected it from the raids of the village boys, who seemed to enjoy feats so gymnastic in their character, as to bring condemnation on the wayward youths. The reward offered for their apprehension and conviction produced a profound sensation. The court making orders to pay cost of needed re- pairs, etc.
The North wall of the present Bantz building, was built on the foundation of the old party wall, by Jacob Senseny; he appearing in court, and securing permission to remove the old wall and to erect his building wall on the same foun- dation. Only a portion of this wall was removed at that time; the remainder continued unbroken for many years, when it also gave way for the erection of the law offices which now join the West end of the clerk's office; Mr. Bantz secur- ing permission from the Board of Supervisors of the county to use this foundation and to make openings on the court yard, under same restric- tions imposed on Jacob Senseny by the County Court, June 3, 1828. From the southeast corner of the old clerk's office, a stone wall was extended to Boscowan Street, thus enclosing the whole of the lot then being used as the "grave yard," and the church lot adjoining.
The first old log clerk's office was reported to court frequently as being inadequate for the in- creased demand for the "transaction of business and proper and convenient care of the books and court files." The court took no action until 1780, when "complaint was laid before the court that the clerk's office was in bad repair." Action was promptly taken, and commissioners appointed to report a plan for a one-story brick building of suitable size and probable cost : This office build- ing occupied the ground due West from the old log office, and was strictly a brick building, walls, floor and roof-the chief object being to make a fire-proof office: The building afforded a safe place for records-but not popular with officers and persons who were required to spend much time within its cold, damp walls; and frequent efforts were made to have the court make many changes suggested. But the court gave no heed to the appeals. The writer was informed by a gentleman who spent fourteen years prior to 1827 with Mr. T. A. Tidball, Dep. Clerk of the County Court, while Judge Keith was Clerk, that the only attention the court gave to the com- plaints concerning the discomforts of the brick
vault, as it was then termed, was when Mr. Tid- ball produced several of the old record books, badly mildewed, to the court, showing the old office to be unsuited for records. This was in 1827. The court at once took steps to build the third clerk's office. This was erected on a new site, being the present building known as the County Clerk's Office. This was finished during the Autumn of 1832. (At June Ct., 1832, $974-50 was appropriated to pay for completing office.) The new office was two-storied; the lower floor occupied by the Clerk of the County and Circuit Court-the room on the East end used by the County Court, the one on the West by the Cir- cuit; the two large rooms on second floor used by the officers respectively for storing old records. This large building was ample in every way for many years; but the accumulation of papers, books, etc. taxed its capacity, and in 1886 large brick vaults were added to the South side, and afforded fire-proof rooms for a large amount of the valuable records, etc. The author was then serving his first years as clerk; and finding the danger the records were in, presented the case to the Board of Supervisors, who very promptly complied with his request, and erected the annex on the South side, which is still in use. The whole building was thoroughly remodeled in 1904-5. The two lower rooms were thrown into one office, to conform to the change made by the New Constitution,-to be known as the Coun- ty Clerk's Office; the Clerk to be ex-officio Clerk of the Circuit Court. The building was made fire-proof; the upper floor to be in two rooms, the East room for old records, the West room fitted up for the Board of Supervisors to hold their meetings in. At the present writing, the county has an office building sufficient to accom- modate the increasing business for several de- cades.
The present court house was erected on the site of the first log structure which was used for many years, fronting on Boscowan Street. In the Spring of 1826, the old log building was remodeled and repaired. Then it was that the front was changed to open toward Loudoun Street, with only a small vestibule "20 by 20 feet square, and the out- side walls to be covered with boards neatly nailed on ; and interior walls to be covered with hardened mortar, with white lime finish." During the Spring terms, held monthly, orders of court were made, directing certain of the Justices to super- intend the changes being made; court being held in the same court-room until the July term, when the order appears: "It appearing to the court that it will be impracticable to hold the sessions of this court in the court house of this county during the time it is undergoing repairs, it is ordered
Frederick County Court House; erected in 1840
1
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CITY OF WINCHESTER, 1743-1850
near the courthouse. The latter is now occupied as law offices; and the remainder of the large yard North of the offices in use by the city. We have no record evidence to determine what was on the space long known as the Market Square, so far as a market house appears, until June 6, 1821. Then a record appears in the minutes of the county court, to-wit: "A resolution of the Common Council of the Corporation of Winches- ter passed on the Ist day of June, 1821, calling upon the court for aid in erecting the New Mar- ket House in said Corporation, was produced * * * Same was declined." This language would imply that the new market house was sub- stituted for an older one. The ordinances of the council, entered of record by the council, fail to state that they were erecting a new market house. The building was in use during the Sum- mer of 1821. We find an ordinance of the city council dated June 15, 1821, sets out fully how the market shall be conducted, showing that it was ready for use. While the County Court de- clined to aid the Town in building the new mar- ket house, we find by an order of that court in 1822, $300.00 was appropriated to reimburse the town for expense incurred in reducing the rock- ribbed hill on which the old stone house stood, and grading it to the level of Cameron Street. The writer was informed by Mr. Wm. G. Rus- sell during his lifetime-he then being of great age-but with intellect untouched by the usual infirmities of age, that the old stone fort house stood on the same hill, extending from Major Conrad's residence to the old court house; and that what was afterwards Cameron Street, was not opened until 1819; and that teamsters had a driveway through the old Rust wagon-yard around the base of the limestone ridge, crossing what was for three-fourths of a century after- wards the market square, entering Water Street at the West end of the old jail wall. Mr. Rus- sell's statements were so clear on all such facts pertaining to the early history of the town, as to attach no doubt to his numerous statements. The author availed himself of the opportunity, and has copious notes from which he has drawn much that is given in these pages; and desiring to gather other incidents not mentioned by his venerable friend, he has frequently interviewed many of the oldest citizens, and been surprised several years ago by old persons who gave inter- esting accounts of how the "old hill" had been removed, and "they had earned their first money as boys working about the quarries, receiving six pence per day for their services;" thus con- firming the minute statement made by Mr. Rus- sell.
The market house extended from Court House
Avenue, along Market Street to a point about op- posite the window of the police station "lock- up:" it being two stories of brick. The walls of the ground floor were in large arches on the two sides, the arch-ways being closed with lat- tice work, affording light and ventilation to the whole of the first story, used exclusively by mar- ket people-butchers stalls and blocks; stands or tables, to display the fresh vegetables from the farms adjacent to the town, and also from the celebrated gardens operated at the West end of the town by the two well-known Scotchmen, Robert Steele and Thomas Allen. The floor of this building was paved with good brick; annexes were extended from each end westward, to sup- ply the demand for more space. The first erect- ed on the North end in 1840; the South end in 1848. After the old Hay scales were moved to near the County Clerk's office, an open court way was left, which was enclosed with an iron rail- ing. Within this court, live poultry, pigs, lambs, etc., were exposed for sale; and it was within this court or open space that Charles Broadway Rouss, when a boy, sold pins and needles to those who attended market. The friendships formed in those days were never forgotten; and the millionaire Rouss delighted to renew his acquaintances during his periodical visits to the scenes of his early life; and often did he request the writer to point out "the old timers," as he called them. Later on will be shown more fully his unflagging interest in the town. For the present, we are trying to locate the market-house and space, which by such incidents have become sufficiently historic to justify this extended de- scription. The second story was approached by a stairway from the broad pavement on Market Street. From the stair landing above, entrance to the three rooms on that floor was made under some restrictions : The large room at the North end was always known to the rising generation as a very mysterious place, it being for many years the home of the "Blue Lodge;" and those old Masons jealously guarded the interior so well, that perhaps no boy ever had a glimpse of the queer found therein, until he some day found himself "A free and Accepted Mason." The two rooms in the South end were used for many years; the first entered being known as the Town Hall, where the Corporation or Recorders Court was held; and the room in the extreme South end, as the Council Chamber. The latter was used by the Council for a long time after the markets were abolished. The old building proper survived the ravages of the Civil War-at least, it was not destroyed. The annexes, being wooden buildings, disappeared by degrees. For the first two years of the War, all the building except
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CARTMELL'S HISTORY
the Masons Room, was used for quarters for troops, guard-houses, etc. To anticipate any question arising as to the occupancy by troops of the market house during the war, the author gives the following extracts from the minutes of the common council : "March 17, 1862, On mo- tion of H. S. Baker, Resolved that a Committee be appointed to wait upon the proper Federal military authority and endeavor to get the mili- tary to vacate the market house or a portion of it. So that it may be used for market purposes; and thereupon the President appointed H. S. Baker, P. Williams, Geo. Keller and Wm. L. Hollis, Committee." The Federals referred to as taking such liberties, were of Genl. Banks' Army, doubtless; for the writer remembers well that Genl. Jackson evacuated Winchester on the 11th of March, 1862, and the Federals promptly moved in. During the whole of that Winter, the writer, while Provost Marshal of the Post, used part of the market house-the town hall upstairs and the northern annex, for his provost guard quarters; and no protest ever came from the citizens' coun- cil. The only evidence we can give that the Federals vacated the market house, is furnished by the reports made to Genl. Jackson, that the writer's command had captured a large lot of small arms and military stores and some prison- ers in the market house, and were guarding the same, and asked for orders. The General, by his surprising march, had given Banks no time to hear and receive the Committee from the Council; and our happy band for two days had no intimation from the Council that they were unwelcome occupants of the market house.
We give the following, to show the condition of the old building towards the close of the War July 30, 1864:
"On motion of Wm. H. Streit, it is ordered, that the Committee on Market and Market-house, be and it is hereby authorized to take down the middle portion of the market house, using such materials as they may need, and sell the remain- der at public sale for current Bank or Corpora- tion money and that the police keep special watch on said remainder until sold."
Sept. 12, 1864. "The Committee on Market and Market House who were directed to sell the mid- dle portion of the Market House, reported that before any sale was made the South Wing of the Quadrangle had fallen down, and that it was believed that the other wing would be destroyed. * *
"Ordered that the Committee sell the brick in the pillars of the wings of the market house * * * Same Committee is ordered to have the doors and windows of the West and North
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