Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia., Part 6

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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on North River of Ca-Capon, Darby Mckeever, Sen., for survey on Ca-Capon River, and several others; Abram Johnston and others were on Pattersons Creek in 1748, supposed to have come from Penn, via, Fort Cumberland. That was dangerous ground at that period, for many im- migration trains were attacked by roving bands of Indians, as will be shown later on. Washing- ton and Fairfax name their chain carriers and markers for each tract, and this will furnish some names that will not appear elsewhere. The list is given for reference. Frequently he select- ed men who were adjoining owners; the follow- ing represent several sections; John Anderson, Henry & Robt. Ashby, Capt. M. Calmes, markers on their own lands, Francis & Thos. Carney, Joshua Haynes, Henry Henricks, Tos. Jones, John Keith, Timothy McCarty, Thos. McClana- han, Dr. James McCormick, John Miller, Jno. & Ned Musgrove, Hgh. Rankin, Ruben Ruther- ford, Stephen Sebastian, Richard Taylor, Lewis Thomas, Owen Thomas, Jno. Urton, Alexander Vance, Wm. Wiggons, Jeremiah Wood, and Worthington. For much interesting matter re- lating to surveys, the old deed books deserve careful study; and for personal matter relating to Surveyor Washington-see Field Notes, among the Washington Papers, and especially, one marked "A Journal of my Journey over the Mountains." His companion in this "Journey" was George Wm. Fairfax. There is some evi- dence that he was Senior Surveyor in this work, begun in 1748, one year prior to Washington's appearance with Lord Fairfax. One other field book and journal, contains notes indicating that Washington's first appearance as a surveyor was in 1749, where he continued in the work until 1753. We offer this for no speculation, but sim- ply quote from old Washington papers, as matter that must interest the reader.

CHAPTER V

Boundaries of Old Frederick County

The last Chapter, with gleanings from Old Courts, brought us to 1750 ;- and as settlements were rapidly forming over the vast territory, the author deems it wise to suspend notices of the proceedings of the Court, and endeavor in this Chapter to give more definite description of the old County. The importance of this will be seen in the study of the following Chapters. The settlements were already harrassed by In- dian raiders, and the time drawing near when the old County was to be the scene of Indian Wars; and soon came what were known as the French and Indian Wars.

A considerable digression may be instructive to the reader, whose ancestors probably were on the frontier in 1750; Chapters on these wars will follow in proper order. Frederick County, at its formation in Nov., 1738, was distinguished in the Act, as "Everything west of the Blue Ridge-north of a certain line." This always seemed so indefinite, and has occasioned much confusion even in the experience of the author,- that he felt it his duty in preparing these pages, to give a more definite boundary to the great Territory embraced within the limitations of the County,-or more strictly speaking her limits on the East, North and South. As to her west- ern limits-which seemed to have no limit, much speculation has been written and said concerning it; some insisting that it only ended at the shores of the Pacific Ocean. Others were willing to confine it to the territory East of the Mississippi River; while others gave the Ohio River as the western boundary, and still others fixed the Al- legany Mountains, as the western line. Of course all these geographical questions have been laid open to the eye of the student who has in- formed himself of these boundaries. But neither the general reader, nor the school children ever meet with the matter so condensed, as to give any satisfactory settlement of the question. As has been stated elsewhere in this work, the boundary on the East is plainly defined by the line of mountains or range of hills, called the Blue Ridge, the northern boundary followed the Po- tomac River to a point in the "High Moun- tains,"-meaning a point beyond Cumberland,- then in a straight line to the "Great Waters,"

meaning the Ohio River at a point above Wheel- ing. To understand what this meant, one must see the Map of that section and follow this straight line, and he will find many encroach- ments on what is Maryland and Pennsylvania. At that time the lines between the three States had not been fully determined; and, we might add, never have been settled to the satisfaction of the incredulous. Not all the solemnity and dignity attaching to the "Mason and Dixon" line could fully please everybody. The Congress, Courts of Justice and State Legislatures, have worked over it, and still the line in some meas- ure is incomplete. Recent legislation in the three States sustains this claim. A Commission has been, and is now, engaged in erecting monu- ments of division line.

The Author had his curiosity aroused years ago by contact with officials and citizens of sev- eral border counties of Pennsylvania,-finding among the files and records of those Counties, the final disposition by the District Court, of suits liti- gated in what was in that day regarded as Vir- ginia territory, of course within the bounds of Frederick County, and what was at one time re- garded as West Augusta District. Of course, this was interesting; but it was perplexing, and the question arose, how came those papers there? The answer is, the old border Counties along the supposed Pennsylvania and Virginia line, em- braced much Pennsylvania territory, which was regarded as being within the jurisdiction of our District Courts; and when the line was run to determine the question in 1776-1785, the territory lying on the Pennsylvania side, within those Coun- ties continued to hold the "Files," etc. of old suits, which more nearly affected the Pennsylvania citi- zen than those on the Virginia side. The running of this line suddenly stopped all suits pending between Fairfax and the squatters on his "North- ern Neck." He discovered that his "Neck" must be confined to Virginia. Some interesting his- tory is connected with those squatters on the Pennsylvania side,-requiring many Acts of the State Legislature, and even the Congress, to deter- mine their rights, but of their history, this work need not further treat. We will now follow the line westward, as then claimed by Frederick Coun-

CARTMELL'S HISTORY

ty from its point on the Ohio above Wheeling, ex- tending northwestward to the Great Lakes, un- til a point is fixed on the line of Longitude 87 degrees West from Greenwich (now 10 degrees West from Washington) West and North of the present site of Chicago, thence South to the 37th degree of Latitude; the point on the Lakes, and the line South, being along the boundaries of the "French Possessions," questions then un- settled-and only determined later on by the cap- ture of "Old Fort St. Vincent"-now "Vincen- nes," by the celebrated Clark's French and In- dian Campaigns. Then it became desirable to move the line further West, so as to include the latter point, so the Frederick and Augusta County line was extended to the 89th degree of Longi- tude ;- and this latter was adhered to for many years,-and was frequently the subject that Con- gress felt called upon to enact some unwarrant- ed laws governing the Virginia territory of the Great West. It will be seen on our present Maps, that these lines embraced nearly all of Ohio, all of Indiana, and about half of Illinois. Following the line from about where Cairo on the Mississippi River is to-day, eastward, we take nearly all of Kentucky. It was believed at that time, to be all of that territory, and the question was not raised ;- but subsequent claims of West Au- gusta County,-so-called-resulted in a division line being established between the Magisterial Districts of Tennessee, and Kentucky,-which resulted in Frederick County losing a portion of the "dark and bloody battle ground." We now have the geographical position of Old Frederick County, including part of Augusta ;- and for many years her authority was respected within this vast territory; frequent mention being made in old records of her jurisdiction in her "Ken- tucky Magisterial District," and of her Colonies in the "Ohio portion," and those at "St. Vincent." Old Order Books show that processes were serv- ed on "dwellers in the Ohio portion," and those within the Illinois District." Frequent orders appear in the old Minute Books of the old Jus- tices' Court, continuing Court from day to day, to await the arrival of the Justices from the Kentucky District, who had been delayed by re- ported high waters," or of Indian hostilities. Often additional Deputy Sheriffs were appointed by the Court and ordered "to proceed to render such aid as might be required to escort the honorable Justice to this Worshipful Court." In- vestigations clearly prove that the Justices men- tioned, did not live in Kentucky proper; they resided somewhere in Western Virginia, and their jurisdiction was supposed to embrace the regions referred to. Augusta County exercised similar

jurisdiction. This produced confusion, and was cured finally by the General Assembly defining the lines of the Districts. When the line entered Virginia from the Kentucky region at a point on the Kanawha River, it intersected the bound- ary line of Augusta County through the moun- tains, to a point on the South Branch, below the present site of Moorefield in Hardy County, then following an unsettled line between the two counties,-"to a head Spring of Robinson river east of the Blue Ridge." This answered the purpose for awhile. There seemed to be a desire for an established line between the Counties,- and that Augusta should extend her terminal point on the Ohio River to a point up that stream a greater distance, as is shown by extracts from the MSS Journal of the House of Burgesses. We find in 1744, an Act directing the Courts of the two counties to have their County Surveyors run and establish the line. So, as already stated, at the January term of the Frederick co. ct. 1744, the order was promptly entered; but as will be seen, this order directed the Surveyor to run the dividing line between this and Au- gusta County-from the Head spring of Hedge- man river, to Pattersons Creek; and a report later on shows this line to have been run. Noth- ing to show of any effort to run the line through the unsettled mountains "beyond the power of man to penetrate and scale." Some years later, these difficulties were overcome; and the line was established,-even changing the point on Pattersons Creek; and starting from that point higher up the stream, found a new point on the Ohio, and the new territory taken from Frederick was styled and recognized as West Augusta District. Soon this vast territory was opened up for White settlers; and Colonists appeared on Pattersons Creek, and other water courses, and "grew strong along the Ohio river," and formation of new Counties desired. So we find the first lopping process, to reduce the size of Old Frederick took place in May, 1753, when an Act of the Assembly at Williamsburgh, direct- ed a new county to be formed, and to take it from the western parts of Frederick & Augusta, and named it Hampshire. Doubtless many of the good people of that section were thinking of their "Hampshire Hills" in England-from whence many of the Colonists came, chiefly pre- ferring to locate among the hills and mountains that constantly reminded them of the appro- priateness of the name for their new county. We find in their Petition, many English names of the actual citizens,-requesting the name of Hampshire be given their new County. As this is an important event in the history of Frederick

BOUNDARIES OF OLD FREDERICK COUNTY

County, and certainly of Hampshire, we give a and Frederick, or the collectors of the parish of copy of the Act relating to this matter.

In the General Assembly Of Virginia, November, 1753, 27th yr. of the Reign of George II.

"An Act for adding part of the county and parish of Augusta that lies within the territory or tract of land, called the Northern Neck be- longing to the right honourable Thomas Lord Fairfax, Baron of Cameron, and it will be more convenient, if the dividing line between the said territory, and the other part of the said county be added to the county and parts of Frederick, and, whereas, the said county and parish of Frederick are of a very long and large extent, and inconvenient to the inhabitants thereof,-

"II. Be it enacted by the Lieutenant Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted by authority of the same, That on the first day of May next ensuing, all that part of the county of Augusta which lies within Northern Neck, be added to, and made part of the county of Frederick; and that from and immediately after the said first day of May, the said county of Frederick and the said part of the county of Augusta so to be added to, and made part of the county of Frederick, as aforesaid, be divided into two counties; and all that part thereof, lying to the westward of the ridge of Mountains, commonly called and known by the names of the Great North Ca- Capon mountain and Warin Spring mountains, extending to the Potomack river, be one dis- tinct county, and called and by the name of Hampshire; and all that other part thereof, lying to the eastward of the said ridge of mountains be one other distinct County, and retain the name of Frederick ;- "III. And for the due ad- ministration of justice in the said County of Hampshire, after the same shall take place. Be it enacted by the authority aforesaid, That after the first day of May, a court for the said county of Hampshire, be constantly held by the Justice thereof, upon the second Tuesday in every month in such manner as by the laws of this Colony is provided, and shall be by their Commissioners directed, IV. And be it further enacted by the authority aforesaid, That all that part of the parish of Augusta in the county of Augusta, which after the division aforesaid, will be with- in the said counties of Frederick and Hampshire, shall be added to, and made part of the parish of Frederick.

"V. Provided always, That nothing herein con- tained shall be construed to hinder the sherriffs or collectors of the said counties of Augusta

the county of Augusta, as the same now stands intire and undivided, from collecting and making distress for any public dues or officers fees, which shall remain unpaid by the inhabitants of that part of the county of Augusta to be added to the county of Frederick, as aforesaid, and the inhabitants of the said county of Hampshire, respectively, at the time the same shall take place; but such sherriff or collectors, respectively, shall have the same power to collect and dis- train for the said fees and dues, as if this Act had never been made.

"VI. Provided also, That the courts of the said counties of Augusta and Frederick, shall have jurisdiction of all actions and suits, both in law and equity, depending before them, respec- tively, at the said division shall take place, and shall try & determine such actions and suits, and issue process and award executions against the body or estate of the defendant in any such action or suit, in the same manner as if this act had not been made, any law usage or custom to the contrary.

"VII. And be it further enacted, That from and after the first day of May, which shall be in the year of our Lord, one thousand, seven hundred and fifty-six, the said parish of Freder- ick shall be divided into two district parishes, by the line dividing the said county of Frederick, from the said county of Hampshire, and that all that part of the said parish of Frederick, which, after such division, will be within the said county of Frederick, shall retain the name of the parish of Frederick; and all the other part thereof, shall be called and known by the name of the parish of Hampshire;

"VIII. Provided always, That nothing herein contained shall be construed to hinder the officers the benefit of the law as herein provided, -;

"IX. And be it further enacted by the author- ity, aforesaid, That the freeholders and house- keepers of the said parish of Hampshire, shall meet at some convenient time and place, to be appointed and publickly advertised at least one month before, by the sherriff of the said county of Hampshire, before the first day of July, 1756, and then and there, elect twelve of the most able and discreet persons of the said parish to be vestry men thereof, which said persons so elected having in the court of the said county of Hamp- shire, taken and subscribed the oaths appointed, to be taken, by an act of Parliament, made in the first year of the reign of his Majesty King George the first, "intitled" An act for the further security of his Majesty's person and Govern- ment and the succession of the crown in the

CARTMELL'S HISTORY

heirs of late princess Sophia, being Protestants, & for extinguishing the hopes of the pretended prince of Wales, and his and secret abettors, and taken and subscribed the oath of abjuration and repeated and subscribed the test, and also sub- scribed to be conformable to the doctrine and discipline of the Church of England shall to all intents and purposes be deemed and taken to be vestrymen of the said parish ;- X. And be it further enacted by the authority aforesaid, That upon the death, removal or resignation of any of the said vestrymen, the remaining vestrymen, shall be, and they are hereby impowered to choose and elect another vestryman, in the room of such vestryman, so dying, removing or resign- ing -;- This act was not fully applied to Hamp- shire county until 1756-when the new county organized its Court-and proceeded to execute its orders and judgments without the aid of the Frederick county sheriff &c. The county seat was established by an act of the Assembly in 1762, and chartered as the borough of Romney. Ref- erence has been made to some confusion about Courts on the Pennsylvania border. In the con- struction of Augusta and Frederick, the line between the two counties was not understood by them. Augusta construed the northern line to be, that it took a straight course due northwest from the head springs of Hedgeman River to the Ohio, and claimed her terminal was on the river at a point above Pittsburgh; while Frederick was described in her northern line, as extending to the Great water beyond the Ohio. Of course this was confusion; the territory of one over- lapping the other; and as both courts had co- existent legal rights along the Pennsylvania bor- der, this is why orders of both courts appear as above mentioned. This was all cured when the line was finally run; when the Augusta line ter- minated far down on the Ohio, while the Freder- ick Territory beyond the Ohio was not affected ;-

In 1772-Frederick was called upon to lop off more of her vast territory. We find the Genl. Assembly entertaining petitioners from both the southern and northern borders, resulting in an act to form the County of Berkley on the North, and the County of Dunmore .(Shenandoah) on the South, Dunmore embraced the territory South of Cedar Creek and the North Fork of the Shenandoah River from its junction with Cedar Creek, to its junction with the South Fork, near

the site of Front Royal, (this line was in dis- pute several times, but finally settled by legal survey.) A change of name was made in 1777, on motion of one of the members of the House of Burgesses, under peculiar circumstances- Lord Dunmore was regarded as a Tory, so offen- sive to the loyal citizens of Virginia, who had grown weary under his tyranical usurpation, that before the moving member could take his seat, his resolution was adopted, and the name of Dun- more, ordered to be obliterated from the records, and substituted Shenandoah in its stead, giving the county a name after the historic river passing through it. The town of Woodstock which had been established in March, 1761, by Act of the Genl. Assembly, was chosen as the county seat, and the county government was soon under way.

Berkley embraced what is now Berkley, Jef- ferson and Morgan Counties,-the boundary line defined by survey. No such natural boundaries of water courses or mountain ranges, as was the case in other subdivisions of the old county.

Martinsburg was a small town at this forma- tion, being laid out by Adam Stephen, and was adopted as the county seat. Clarke County was formed from Frederick in 1836; the Blue Ridge forming its eastern boundary, and the Opecquon mostly its western boundary, giving it an area of 17 miles in length and 15 miles wide; the Shenandoah running along and near its eastern boundary. Berryville was the county seat.

Warren was formed in 1836, from Frederick, taking in a portion of Shenandoah to give it an area of 20 miles in length by 12 miles in width. The Shenandoah River runs through it at the base of the Blue Ridge, and takes in its course the waters of the north fork coming out of Shen- andoah County. Cedar Creek runs through its northern border. Front Royal, established in 1888, on 50 acres of land taken from the Van Meter Grant, became the county seat.

Having briefly given the boundaries of Old Frederick, as well as the subdivisions, thus re- ducing the Old County to its present area,-26 miles in length and 22 miles for its mean width, Winchester being the county seat, a distinction she has held for 165 years, we may now regard the geographical position settled, and proceed in the next chapter to dwell at some length upon many of her celebrated physical features.

CARTMELL'S HISTORY

prietor, Charles F. Nelson, son-in-law of our deceased friend, Capt. Sale, is successful in maintaining its enviable reputation as one of the best summer resorts to be found in the Vir- ginia mountains. We must pass on to other features, from this attractive place, for a stop at the celebrated "Ice Mountain," already al- luded to. This is a veritable mountain, and is found on North River a branch of Ca-Capon, about 27 miles northwest from Winchester, ten miles north of Capon Bridge, and is entitled to mention as a natural curiosity. The reader must not be incredulous. While it is not an "iceberg," it is entitled to the name borne by it for genera- tions. This mountain is composed chiefly of loose mountain rock, rising to a height of about 800 feet from its western base on the river. From this point we have the best view of this wonder. By its peculiar shape and general for- mation, with but little shrubbery or vegetation on its rocky sides-nearly perpendicular on the river side, one is reminded of Old Storm King Mountain on the Hudson above West Point. The stupendous grandeur of both, impresses the beholder. Some good climbing is required to scale the steep sides and be rewarded by dis- covering actual ice in mid-summer. Upon re- moving some of the loose, heavy sand, and gray granite stones, you will find this strange, natural phenomenon-pure and perfectly formed pieces of ice, weighing often several pounds. As might be supposed, a very strong spring of cold water gushes from near the base of the mountain, where doubtless at this day is an ideal place for picnic parties. The writer remembers several such parties that he joined in the long ago. It is easy to recall these incidents in his life, but not so easy to find the survivors of that company. He knows of but three of that party of forty who enjoyed the day at the Ice Mountain !

Another natural curiosity of Hampshire is found about two miles above the forks of Capon, and it is known to-day as Caudy's Castle. Strange stories are told of this real curiosity, which stands out independent and alone from other mountains scattered around. Its eastern base rests upon the river, and, similar to the Ice Mountain, is a solid mass of granite, per- pendicular to the height of at least 500 feet. Kercheval gives it this description : "A line drawn around its base, would probably not exceed one thousand or twelve hundred yards. From its western side, it may be ascended by a man on foot to within about ninety or one hundred feet of the summit; from thence the rock suddenly shoots up something in the form of a comb, which is about ninety or one hundred feet in

length, eight or ten feet in thickness, and runs about North and South. On the eastern face of the rock from where the comb is approached, a very narrow undulating path is formed, by pursuing which, active persons can ascend to the summit." On this table rock several feet square, and from this point, the author was in- formed by several venturesome mountain climb- ers, that the view of the little valley, the winding river and broken mountain ranges, can only be surpassed in beauty by similar scenes in the great mountains of New Hampshire. We find in Ker- cheval's study of Caudy's "Castle" he treats it as a tradition. Can it be possible that so pains- taking a compiler of interesting incidents of the early history of Old Frederick, which then in- cluded this very wonderful castle, could have mistaken actual fact for tradition! as the records of the Old County have revealed to the writer of these pages. If the reader will refer to the chapter on the organization from Orange, he will find a copy of the order of our County Court held Dec., 1743, directing that a road be opened on the petition of Noah Hampton, James Coddy &c., from Hamptons Mill into a road, &c. near Col. Coddy's Fort, &c. Later on we find the House of Burgesses and the General Council of Virginia, voting him a grant of his tract of land, in consideration of his founding and maintaining a post of protection on Ca- Capon at Coddy's Fort. This establishes beyond any doubt the connection between Caudy's Cas- tle and "James Coddy's Ftt."

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Shenandoah Valley Pioneers and Their Descendants: A History of Frederick County, Virginia., Part 6

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