Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia., Part 4

Author: Cartmell, T. K. (Thomas Kemp), 1838-1920
Publication date: 1909
Publisher: [Winchester, Va.] : [Printed by the Eddy Press Corp.]
Number of Pages: 607

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Oct. 26th, 1737, to John Seaman for one thous- and acres adjoining Benj. Borden-James Wood April 25th, 1738, for one hundred acres on West side of "Opequon run."

William Williams, April 27th, 1738, for two hundred and twenty-five acres on "Opequon run."

Louis Stevens, April 28th, 1738, for three hun- dred and thirty-nine acres-Crooked run.

Peter Writtenhouse, May 21st, 1740, for four hundred and fifty acres adjoining Long Meadow.

Jacob Christman, May 14, 1740, for seven hundred and fifty acres.

John Hite, May 21, 1740, for five hundred and sixty-eight acres, part of Hite's grant and also one hundred acres adjoining, purchased by Joist from Richard Pendall on "Opequon."

William Reed, May 14, 1740, for two hundred

CARTMELL'S HISTORY

and ten acres on southwest side of "Opequon run," part of Hite's grant-1734-

John McCormick, May 26, 1740, for three hundred and ninety-five acres adjoining the Bor- den, Griffith and Hampton, etc. tract of eleven hundred and twenty-two acres. This grant was for land north of the point where White Hall village stands.

Samuel Walker, May 21st, 1740, for one hun- dred acres on "west side of Sherrando river."

Chas. McDowel, July 20, 1740, for six hun- dred acres.

James Burns, May 24, 1741, for one hundred and twenty-eight acres on "west side of Sher- ando."

Robert Allen, May 21, 1742, for six hundred and eighty-five acres on "south side of Opequon run." This tract was west from the Bartons- ville section.

John Harrow, May 19, 1742, for two hundred and ninety acres on "north side of Opequon run."

Abram Wiseman, June 23, 1734, for one hundred and seventy-two acres on "west side of Opequon run"-part of the five thousand and eighteen acres Hite Grant. It will be seen that some of the descriptions fix the North, South and West side of Opecquon. It must be remembered the Opecquon flows nearly due East from its source for about four miles, and along this course lie the tracts described as on the North and South side; then the general course is North, and this accounts for certain tracts mentioned that lie on the East, North and West sides of the Opecquon. "James Vance, June 25, 1742, for two hundred and fifty acres on both sides of small meadow near Opequon Presbyterian meeting house."

Peter Make, June 23, 1742, for one hundred and sixty-eight acres on "Opequon run."

David Vance, May 20, 1742, for one hundred acres on both sides of the "Opequon run."

James Hoge, May 26, 1742, for seven hundred and sixty acres. This was near the present site of Kernstown, lying West-and was part of Joist Hite's grant for thirty-three hundred and ninety-five acres, known as the Springdale Set- tlement, where Col. John Hite lived.

Jacob Hite, October 20, 1742, for twenty-six hundred and sixty-eight acres on "south side of Opequon."

John Pentz, Oct. 20, 1742, for one hundred and eighty-nine acres on "north side of Sherando river."

Thomas Brown, Oct. 20, 1742, for eight hun-

dred and eighty-two acres on west side of Sher- ando river.

Samuel Glass, Nov. 26, 1742, for nine hundred acres on the head of Opequon on west side of said creek, meaning south at that point.

David Logan, Nov. 26, 1742, for eight hun- dred and sixty acres on "west side of Bufflow Meadow"-known for years as Buffalo Marsh.

Paul Froman, Nov. 22, 1742, for one hundred and twenty acres on North fork of Sherando river, adjoining Thomas Chester.

Emanuel Grubb, Aug. 26, 1742, for two hun- dred and fifty acres on north side of Shenandoah river.

John Grubb, Aug. 26, 1743, recorded same day, for two hundred and sixty-five acres on "north side of S. river."

Thomas Ashby, Feb. 1, 1742, for two hundred acres on north side of Shenandoah river.

Robert Mckay, from Just Hite, William Duff and Robert Green, June 28, 1744, for five hun- dred acres on Linvell's Creek, being part of a grant to Robert Mckay, Just Hite, William Duff, and Robt. Green for seven thousand and nine acres, dated March, 1736.

This makes it appear that part of this grant was located in the lower and western part of Rockingham County,-before the Augusta line was established. The larger part of this grant embraced the vicinity of Front Royal. The grant made as late as 1739, was peculiar in its provisions, in that this company had a grant for land wherever they could locate a survey on land not theretofore located. Several other small tracts were afterwards surveyed and con- veyed by the company to purchasers; but it does not appear that the company ever fully complied with the terms, which were, that as they found unsettled lands and a settler to take tracts, to report the survey to the Council, and then the Company to make deeds; until they thus used up the seven thousand and nine acres, for which the order was made. A number of minor grants were issued to the Shepherd, Morgan, Swearin- gen, Stephen, Boyd, Dark, Harper, Porterfield, and other families, as early settlers, on the South side of Cohongoroota River, now embraced in the Counties of Berkley and Jefferson, while Joliffe, Lupton, and others, in the north end of Frederick; Helm, Calmes and others, along the Shenandoah; Wood, Rutherford and others near Winchester, had their experience with the "Mi- nor Grants," and as the first settlers will receive fuller notice in this volume.

CHAPTER IV

Old Frederick County

To write the history of Frederick County in Virginia, which at one time embraced so much of the territory lying East of the Blue Ridge, the writer finds its early history so closely in- terwoven with Tidewater Virginia, that he can scarcely make it complete, without introducing much that may appear at many stages as an attempt to give the history of Lower Virginia.

The reader must at the outset rest assured, that incidents are only mentioned when they con- nect the two sections, so that the formation of the new County of Frederick could become a fact. Tidewater Virginia referred to, must not be considered as only the territory embraced in the original creation of the first colony, which included all of North America between Nova Scotia on the North to Florida on the South, and for many years after the first English land- ing, was known as Virginia.

Indeed, it may be said this title dates from the discovery of the Carolina coasts by Sir Walter Raleigh; for we have English history recording the pleasure afforded Queen Elizabeth when Raleigh gave his report of that celebrated sea- going expedition, when he had named that great territory Virginia, in honor of the Virgin Queen. This was in 1585. The failure of Sir Walter to colonize the Carolina shores, and the myster- ious disaster to what was known as the "Roan- oke Colony"-a disappearance so complete, that no ray of intelligence has ever thrown light on their fate-chilled the spirit of adventure. Other efforts of the Virgin Queen to colonize the shores of America, were dismal failures; and it remained for James I to successfully plant the first English colonies. The Virginia Company of London, obtained a charter in 1606, for one hundred miles square of the territory lying be- tween Hudson River on the North, and Cape Fear River, North Carolina. The Virginia Company of Plymouth, obtained a charter for one hundred miles of territory between the Po- tomac River on the South and Nova Scotia on the North. Of course, the geographical lines were destined to overlap, and produce conten- tions between the chartered companies. On this, we have no comment to make here. The first named companies developed Tidewater Vir-

ginia, and discovered the country West of the Blue Ridge, some of which became Frederick County, the subject of the present study. The author deems it proper to outline the first steps of this Company. The first settlement made at Jamestown, May 13, 1607, was attended with difficulties, privation and destitution, until about 1620. The London Company seemed determined to secure a foot-hold; and obtained a second charter in 1609, extending their holdings for two hundred miles North and South from Point Comfort-"up into the land throughout from sea to sea; west and northwest; and also all the islands within one hundred miles along the coasts of both seas." The general reader knows this Company never extended its rights from sea to sea. The immigration that subsequently sought homes in the new world, pushed slowly westward and southward, until the tide not only reached the great mountains, but swept over them shortly after 1732. That tide, which ex- tended into the northwest territory, untimately gave to Virginia what was called The North- west, which Virginia soldiers penetrated, and founded the Ohio and Illinois country under the leadership of Col. George Rogers Clark, who planted the Virginia standard on the border posts; and reported to Patrick Henry, Governor of the Colony, the result of his expedition.

It will be shown in other chapters what was acquired, and what was ceded to the Govern- ment in 1784, after reserving what would be necessary to satisfy the officers and men, for their services. This is more fully treated in chapters on the Valley Men during the Colonial wars; where it will appear who many of the men were, and amounts of land granted by the Colony.

In Vol. I, p. 224, Hening's Statutes, we have the first legislation in reference to a subdivi- sion of the Virginia Colony into counties, enact- ed in 1634. "The country was divided into eight Shires, which were to be governed as the shires in England, and Lieutenants to be appoint- ed the same as in England; sheriffs to be elect- ed as in England, to have the same powers as sergeants and bailiffs needs require." The list of shires, or counties, formed in 1634, viz. :

CARTMELL'S HISTORY

James City County, Warwick, Elizabeth City County, North Hampton, Isle of Wight, Henri- co, York and Mecklenburg, is inserted here to lay the foundations for subdivisions that made it possible to create counties one hundred years later West of the Blue Ridge. It may be of interest, as matter of reference, to trace the dismemberment of the old Colony, starting with York County, from which New Kent was erected in 1754:

Old Rappahannock from Lancaster .. 1656 Essex from Old Rappahannock .... 1692 King and Queen from New Kent .. 1691 King William from King and Queen 1710 Spottsylvania from Essex, King Wm., and King and Queen 1720

Orange from Spottsylvania 1734

Frederick and Augusta from Orange .. 1738 Referring again to Hening's Statutes, Vol. IV, P. 450, we quote from Act of General Assembly, 1734, the following, to define the boundaries of Orange so far as it relates to the territory so soon to be known as Frederick and Augusta : "Bounded northerly by grant of Lord Fairfax; and westerly by utmost limits of Virginia, to be called and known by the name of Orange." And as Frederick in her first formation, embraced the country comprising all of the Shenandoah Valley from the Augusta line, which crossed the Valley near the site of Harrisonburg, we must treat all of the Valley thence northward to the Potomac, and then westward to the French boundary, to give a history of Old Frederick; this would include the history of a large part of West Virginia. This volume will not claim to be a complete history of Old Frederick to its western boundary. Only a few incidents will appear which connected that section with the Lower Valley. The writer is well aware that . some reader will regard the statement as infring- ing upon the rights of the West Augusta Dis- trict. This, however, will be fully explained. Much conflict of authority appeared between Augusta and Frederick, all of which was ami- cably determined by legislation when the divid- ing lines were defined.

When we come to chronicle many incidents in the development of the Lower Valley, the wri- ter may often appear as writing the history of the Lower Shenandoah Valley, so attractively written by J. E. Norris, 1890. The writer knew Mr. Norris well; and was associated with him for more than six months, giving him the bene- fit of his long experience in the old clerk's of- fice, as he prepared his work, regarded by many as valuable for any library. To aid Mr. Norris in his effort to give us a history of the Lower

Valley, the writer freely gave him the use of a large collection of notes he had constantly made, as they would be unfolded to him in his daily routine of searching titles to estates, or for incidents of interest to correspondents; and thus in this gradual way, he possessed the chief material used in his History of the Lower Val- ley. The writer since that day found much un- written history, which will be embraced in these pages. Some incidents may differ from those given by Mr. Norris; but we must use many of the original notes in this work; and if the reader should feel that we fail to credit Mr. Norris as our authority, he should remember that Mr. N. seldom referred to his authority in using the notes of his author. The writer has in his hands a letter from Mr. Norris, written from Texas, where he died shortly after, stating that a large collection of the notes furnished by the writer, was in his trunk at Hagerstown, Md., and that his son would return them to the au- thor. With this explanation, we will now pro- ceed to condense incidents, and so weave them into a book of reference. The public feels the need of a volume that will quickly answer the many questions daily asked concerning the for- mation and development of the county, so it may be a ready hand-book for all.

By an Act of the House of Burgesses, Nov., 1738, Old Orange County, which embraced so much more territory than we can compre- hend, was divided into three counties-viz. : Orange, Frederick and Augusta, Frederick being named for Frederick, then Prince of Wales; Augusta for Princess Augusta, the wife of the Prince, who was the oldest son of George II, but died before his father.

"Owing to some delay of the population in these parts, not being able to report a sufficient number of competent men able to officer the new County," the Courts for all this section were held at Orange C. H., until Nov., 1743, when the first Court was held for Frederick County; and as this was an important feature in the organization of Frederick County, embracing (as will be more fully shown elsewhere) the terri- tory afterwards subdivided into the counties of Rockingham, Shenandoah, Jefferson, Berkley, Morgan, Hampshire, part of Page, part of Hardy, and finally Clarke and Warren Counties. And when we remember that only a few settle- ments were to be found at that time, and they considerable distances apart, we need not be surprised that the "population" was slow in reporting a sufficient number of men from these settlements for Justices and other officers, and preferred to attend court at Orange C. H. for

OLD FREDERICK COUNTY

five years after their formation. We give the authority for holding this first court, as entered at that time in the old records of the county; and as it was beyond any doubt the first record made in the courts of Frederick County, it is well worthy a place in this work, in all the style of that period and apparent dignity of the occasion ; and we can readily imagine the Gentlemen Jus- tices who appeared at that time in answer to the distinguished authority, exhibited much dignified solemnity in assuming the judicial con- trol of the growing population. The record is in the hand writing of one who became familiar in the history of the State, and is well preserved in a well bound volume, with the simple words on the cover : "Order Book No. 1, 1743." This order book, comprising 480 pages, is altogether in the handwriting of James Wood, the Clerk. He dignifies his first entry by using the large size letters, sometimes called "German Text."

FREDERICK COUNTY Sct

"Be it Remembered, That on the eleventh day of November, Anno Domini, MD,CCXLIII- 1743.

A commission of the Peace dated the twenty- second day of October, MD,CCXLIII, under the hand of the Honorable William Gooch, Esq., His Majesties Lieutenant Governor and Com- mander in Chief of the Colony and Dominion of Virginia, and the seal of this Colony; Di- rected to Morgan Morgan, Benjamin Borden, Thomas Chester, David Vaunce, Andrew Camp- bell, Marquis Calmes, George Hoge, John White, and Thomas Little; Gents, and a Dedimus for administering the oaths to said Justices being read, the said Morgan Morgan and David Vaunce, pursuant to the said Dedimus, adminis- tered the oaths appointed by Act of Parliament to be taken instead of the oaths of allegiance and Supremacy, and the oath of abjuration unto the said Marquis Calmees, Thomas Rutherford, William McMahon, Meredith Helms, George Hoge and John White, who severally subscribed the Test and then said Morgan Morgan and David Vaunce administered the oaths of a Jus- tice of the Peace and of a Justice of ye County Court in Chancery unto the said Marquis Cal- mees, Thomas Rutherford, William McMahon, Meridith Helms, George Hoge and John White, and afterwards the said Marquis Calmees, Thomas Rutherford, William McMahon, Meri- dith Helms, George Hoge and John White pursuant to the said Dedimus, administered all and every the said oaths unto the said Morgan Morgan and David Vaunce, who severally sub- scribed the Test and were sworn in the Com- mission accordingly."

Court Proclaimed

At a Court held for Frederick County on Fri- day the Eleventh day of Nov., 1743.

Present :

Morgan Morgan, David Vaunce, Marquis Calmees, Thomas Rutherford, William McMahon, Meridith Helms, George Hoge, John White.

Gent Justices.

A Commission to James Wood Gent under the hand and seal of the Hon. Thomas Nelson, Esq., Secretary of Virginia, bearing date twenty- second day of October, MD,CCXLIII, to be Clerk of County Court of this county being produced and read in Court the said James Wood having taken the oaths appointed by Act of Parliament to be taken instead of the oaths of allegiance and supremacy, and the oaths of abjuration made, and subscribed the test, was sworn Clerk of this court accordingly;"

And the Court being thus organized by "all of the Justices then present taking their seats," proceeded to qualify court officers as provided for in the Commission from the Governor; James Wood was sworn Clerk of this Court, Thomas Rutherford-High Sheriff, and George Home, County Surveyor. As it may be of inter- est to many, the names of the first Lawyers to appear in the court to practice their profession will be given at this point, though they will ap- pear in their proper order in the list of attorneys of the county Court throughout its history to the present date: James Porteous, John Steer- man, George Johnston, and John Newport- strange names to the people of this day. These gentlemen appeared and "being duly qualified to practice the art of the law," desiring that privi- lege be entered in the minutes of the court that they be granted the use of the courthouse to attend to legal wants of such persons who may desire professional service." Some will enquire where and what was the Courthouse mentioned in this order! This will be treated under the head of the Courthouse and Market Place.

The business at the first term was confined chiefly to making orders to put the government in motion. The clerk was ordered to procure books for the purpose of keeping a minute of the proceedings-and to enter orders of court and this rule held for fifty years of keeping two separate books for the court, one called "Min- utes," and the other "Court Order Book." Many enquiries have been made of the writer as Clerk,

CARTMELL'S HISTORY

to explain this; and much of the unpublished his- tory of the early days is found, in the Minute book -We will have occasion to quote frequently, inci- dents from their musty leaves. Few persons have ever seen them; for one hundred years they were packed away, out of sight and out of use. The Clerk was directed to "employ a suitable person to fetch the law books from the house of Mr. Parks for the use of the Jus- tices;" and this order was entered "that no con- stables or overseers of the poor be appointed at this term, but those who have been serving as such officers of the Orange Court as it ex- tended within the limits of Frederick County, be continued in their respective offices until an- other term of this court." We will use some space in producing copies of other orders, that doubtless will contain matter of interest to some readers who may chance to read these pages. The reason will appear satisfactory, when we consider that only about ten years had passed since the first settlements were made ;- and the reader of the old "minute book" of that period will be astonished to see how many names ap- pear-some to reveal the fact, for the first time, to many a far-away descendant, whose ancestor was prominent in the organization. Some names within a few decades entirely disappeared from the "population ;" others became still more prom- inent in the affairs of their State as artizans, statesmen, soldiers, etc. Taking this order enter- ed at this term, we find names then prominent- some afterwards more so-but to-day not one of the names are to be found in our records as citizens of the county, except the well-known Robinson family. One name, however, that of McNamee is now known in the county as a resident, but not on any record; and it seems strange that this name is represented in the person of a widow, connecting the incidents with this late day. The minute shows it to be the first will probated in Frederick County ; "The Last Will and Testament of Bryant Mc- Namee, dec'd., was presented into court by Elizabeth McNamee, Executrix therein named, who made oath thereto according to law, and being proved by the oaths of Israel Robinson and William Richie, two of the witnesses there- to, the same admitted to record; and the said Israel Robinson and William Richie also further made oath that they saw Edward Hughes, an- other witness to the said will, sign the same as an evidence-and on the motion of the said executrix her performing what is usual in such cases, certificate is granted her for obtaining a probate thereof in due form; and the said Eliza- beth McNamee together with Evan Watkins and

William Richie her securities, acknowledged their bond for the said Elizabeth McNamee's faithful and true administration of the estate of "said Bryant McNamee dec'd, which Bond is admitted to record."

The next order was a grant of Letters of Ad- ministration to Elizabeth Seaman, on the estate of Jonathan Seaman, "she being the widow and relict of the dec'd, with John Denton as secur- ity." The appraisers named for the McNamee estate are Morgan Bryan, Richard Beason, Ed- ward Hughs, and Israel Robinson-all new names to this generation except the numerous families of the last named.

The next minute-"Abram Pennington in open court acknowledged his Deed of Lease for land to Christopher Beeller"-no such names in Fred- erick at this date.

At the December Term of this court. held on "Fryday the ixth day of December, MD,CCXLIII," four of the Justices were present : Morgan Mor- gan, Wm. McMachen, David Vaunce, and George Hoge. It will be observed the clerk learned how to spell the name of McMachen, the name will appear later on as McMickin. The writer had a personal friend many years ago- Mr Samuel McMicken of Moorefield, West Virginia, and he claimed his line of descent from the old Justice.

First minute at this Term is the filing of a petition by John Wilcox and others for a Road from John Funks mill to Chesters Ferry-and from thence to where the road takes out of Chesters Road to Manassas Run. Viewers were appointed. Many readers will have no difficulty in locating the route for this new and first road asked to be opened. Starting from what was soon known as Funkstown, now Strasburg, and the heading for the celebrated Gap in the Blue Ridge to the historical "Manassas." How many old comrades can be named who are survivors of many weary marches over this well known road! Few realized its importance when it was "marked" and laid off by "Thomas Chester, John Wilcox and Jacob Funk." Observe how careful the Court was in the selection of the viewers, starting with Thomas Chester at one end, coming to the forks of the Shenandoah River near Front Royal, and then to West end of Funks Mill. This road was used in various ways by the contending armies during the Civil War. Other mention of this road will appear in Chapter on Battlefields. The next minute should be of interest from the fact that the principal features relate to the first settlers near Shepherdstown. The next minute shows that the last will and testament of Benjamin Borden

OLD FREDERICK COUNTY

was presented by his widow, Zeruiah, and Ben- jamin Borden-his son-who it will be seen was then, in 1743, of lawful age. The father without doubt being the Benjamin Borden who followed the Hite Colony. This will should have been read and studied by historians of Augusta Coun- ty. The celebrated Burden Grant located on the "upper" James River, is disposed of by the testator, and settles many errors in relation to this grant. At this Term, James Porteous was named as King's Attorney-"until his honor, the Governour's pleasure is known." At the January Term (13th) the following order is entered "Ordered that the Surveyor of this county run the dividing line between this and Augusta coun- ty, according to the Act of the Assembly, from the head springing of Hedgeman river to Patter- sons Creek." Referring to the "Act of Assem- bly," we find very little to determine either its starting or terminal points. Many persons differ as to what is the head springs of a river. Suffi- cient for our purpose, however, that the spring mentioned was in the mountains East of the Luray Valley, and point of Pattersons Creek, West from Moorefield,-while supposed to be a straight line and "marks erected," many are confounded when they consider certain high mountains encounter- ed, some summits of which had not been scaled until in recent years.

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Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia., Part 4

Author: Cartmell, T. K. (Thomas Kemp), 1838-1920 Publication date: 1909 Publisher: [Winchester, Va.] : [Printed by the Eddy Press Corp.] Number of Pages: 607

Author: Cartmell, T. K. (Thomas Kemp), 1838-1920
Publication date: 1909
Publisher: [Winchester, Va.] : [Printed by the Eddy Press Corp.]
Number of Pages: 607