USA > Virginia > Virginia counties : those resulting from Virginia legislation > Part 7
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# The "Act for dividing New Kent County" appears in Hening (iv, p. 95) by title only, but reference to Part VI, chapter v, below, will show the full text of this Act, a copy of which was recently secured by the Library from the Public Record Office in London, for use in this connection. It will be noted that Hanover County,-although authorized by an Act passed in 1720,- came into actual existence in 1721,-the former date being the general and more popular interpretation of the earliest actual existence of this county.
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The following letter throws light upon the destruction of the records of Hanover County:
Richmond, Va., December 24th, 1915.
"Mr. Morgan P. Robinson, State Library Bldg., CITY.
Dear Sir :-
Your letter of December 23rd, just received.
I note that you ask me to give my recollection or knowledge of the destruction of our Court records during the war between the States. Responding to your inquiry, I have to say that I was raised in Hanover County, about eight miles east of Hanover C. H., but was rarely at Hanover C. H., until after the close of the war. The lower part of Hanover, reaching within a few miles of Hanover C. H., was occupied by the armies of Mcclellan and Grant, and was the subject of frequent cavalry raids, which took in Hanover C. H., and the Clerk of the County Court of Hanover County as a precaution against the destruction of the records of that Court removed them to Richmond, and they were deposited in the Court Bldg., which then stood on the Capitol Square just in front of the Franklin Street entrance from the east, just about where the fountain now stands, which building was destroyed, and so far as I know no papers of value were taken or quence all of the records of the County Court of Hanover County were burned. The records of the Circuit Court (which Court then had its own clerk in the same building with the County Court Clerk) were al- lowed to remain in the Clerk's Office at Hanover C. H. and though that section was several times raided and the Clerk's Office opened, and some few papers probably lost, I do not think any of the record books were destroyed, and, so far as I know, no papers of value were taken or destroyed. Among the records thus preserved two old books bound in raw hide dated about 1730, remained in the office and were not hurt.
I do not know if this answers fully your inquiry, but if you desire any further information and I can obtain it for you will be very glad to answer any inquiry you make make.
Yours very truly,
GEO. P. HAW."
81 Through the generous co-operation of the Hon. S. P. Waddill, Clerk of the Circuit Court of Henrico County, we are able to offer the following letter in regard to the preservation of the records of that county:
Richmond, Va., March 3, 1916.
"Mr. Morgan P. Robinson, Archivist, Virginia State Library, Richmond, Va.
Dear Sir:
Your favor of the 14th ult. received, and in reply-The earliest records of this County begin with the year 1677, and from that date to 1781, we have a good many volumes, but they are not in continuous order, but from 1781 to the present date they are intact.
I have always understood that a great many records of the County were destroyed when Arnold during the Revolution invaded this City, and the fact that there are volumes remaining prior to that date, is due to the fact that the records were carried from the City and stored at a point on James River known as the Powhatan Furnace. Some of the books prior to 1781 have indexes and others have not.
The Board of Supervisors of this County some few years ago took up the matter of indexing them and had an index made of those in the 17th Century, but did not continue it from 1700 to 1781.
It appears that the Governor of the State was authorized to ap- point commissioners to set up lost records [ Hening x, p. 453], and such a commission was appointed for this County by Governor Bonj. Har- rison on April 8th, 178-(82), and the Commission held Its first session on the 24th day of February, 1783, and some of the records that were
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destroyed were set up by the commission. It is recited that the Com- missioners met pursuant to the Act of the Assembly for the relief of persons who have been, or may be, injured by the destruction of
the records of the County Courts.' In the proceedings it is stated that such an such a record had been destroyed by the enemy, but the cir- cumstances attending the destruction are not stated.
Some twenty or more years ago under an Act of the General Assembly, passed, I think, at the instance of Hon. Lyon G. Tyler, President of William and Mary College, the records of this office of the 17th Century were copied by the late Chas. M. Wallace, and were deposited in the State Library.
I found these old records when I became connected with this office in a very damp place and hastening to destruction. I changed the location of them and took other means to preserve them and have had a number of them rebound. The paper in many of them is extremely brittle and the least handling damages them. Of late years they have been subjected to a great deal of handling by persons whose prime motive is to secure the information they want, and who have little respect for their preservation, and unless some remedy can be suggested they will finally be destroyed.
All of the records of the Circuit Court of this County were de- stroyed at the Evacuation of the City on the 3rd day of April, 1865- the Court holding its sessions at the State Courthouse, which was located on the Capitol Square, just opposite the rear of the State Library, at the head of lower Franklin Street. No steps were ever taken to set up these records because the Court had no jurisdiction as to land titles, etc.
Please excuse the delay in replying but I was not conscious of the fact that so much time had elapsed since the receipt of your letter.
Yours truly, Samuel P. Waddill."
31, ª The "Journal of the House of Burgesses" (H. B., 1619-59, pp. vii, 3) gives the name as Henricus, but thereafter as Henrico. (See also Brown's "First Republic", pp. 254, 313).
31,b See note 29.
32 Illinois County (1778-1784) was formed by an Act of Assembly passed December 9, 1778, "for the better protection and defence of the county and its inhabitants" (H. ix, p. 554), to "be enforced, from and after the passage of the same, for and during the term of twelve months * *
* and no longer." (H. ix, p. 555). By an Act of Assembly passed July 14, 1780, the above Act of 1778 was amended to "continue and be in force for one year after the passing of this act, and from thence to the end of the next session of assembly." (H. x, p. 303). An Act of Congress passed September 6, 1780, "recommended to the several states in the Union, having claims to waste and unappropriated lands in the western country, a liberal cession to the United States, of a portion of their respective claims, for the common benefit of the nation." ("Journals of Congress", 1823, iii, pp. 516-7; H. xi, pp. 571-2). On January 2, 1781, the Virginia Assembly passed certain resolutions, setting forth her offer of "a Cession of the lands on the north west of Ohio to the United States", and the conditions thereto attached (H. x, p. 564). By an Act of Assembly passed December 20, 1783, the Virginia delegates in 'Con- gress were authorized "to convey to the United States, in congress assembled, all the right of this commonwealth in the territory north westward of the river Ohio" (H. xi, p. 326). By Deed of Cession of March 1, 1784, this area · was conveyed to the United States, in Congress assembled, by the delegates from Virginia for that purpose designated. ("Journals of Congress", 1823, vol. iv, pp. 341-4; H. xi, pp. 571-5).
33 Illinois County was formed in 1778 (H. ix, p. 554), but ceased to be a county of Virginia In 1784, when it was ceded to the United States (II. xi, pp. 571-5).
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34 We are indebted to Doctor Lyon G. Tyler, of Williamsburg, Va., for the following data concerning the early history of Isle of Wight County:
"The Land Books show that the lands in Isle of Wight lay pre- viously in Warascoyack Co. The name was changed from Warascoyack to Isle of Wight in 1637. For history of Isle of Wight County, see "William and Mary Quarterly", vol. vii, p. 205".
Isle of Wight County appears in Hening (H. i, p. 228) under date of January, 1639-'40,-the bounds having been finally determined under date of 1642 /3 (H. i, p. 247),-although the index of this volume (H. i, p. 599), under the caption "Warrosquyoake", says that Warrosquyoake was changed to Isle of Wight in 1637.
We desire to acknowledge with pleasure the generous co-operation of the Hon. A. S. Johnson, Clerk of the Circuit Court of Isle of Wight County, in furnishing data concerning the early history of his county.
34, a For full text of this act, see Part V, Chap. ii, below.
34, b See note 14, a.
35 Williams's "Index to Enrolled Bills of the General Assembly of Virginia, 1776-1910" (1911), p. 227, 1. 21, says,-under the caption of "Kanawha County",- "Forming Fauquier county from portion of,-1823-4, 16". This "Fauquier" is evidently a typographical error for "Logan", as see A (1823-4), p. 20.
36 Kentucky District (1779-1792) was formed in 1779, under "An Act for adjusting and settling the titles of claimers to unpatented lands under the present and former government, previous to the establishment of the com- monwealth's land office", by the enactment "That the counties on the western waters shall be allotted into districts, to wit: * * . * and the county of
Kentucky, shall be another district; *
* (H. x, p. 43). In 1782, it was enacted "That from and after the first day of August next [1782], the counties of Jefferson, Fayette and Lincoln shall be one district, and called the Kentucky district, for which there shall be a supreme court of judicature of original jurisdiction, *
* (H. xi, p. 85). In 1786, 1787, 1788 and 1789, the Virginia Assembly passed acts setting forth the "terms on which the district of Kentucky may be erected into an independent state", and several amend- ments thereto (11. xl, pp. 37, 240, 788; 11. xill, p. 17). By Act of Congress of 1791, consent was given "that a new state be formed within the jurisdiction of Virginia, and admitted to the Union, by the name of the State of Kentucky",- the new state to be admitted on June 1, 1792 (U. S. Stats., 1, p. 189).
37 Kentucky County was formed in 1777 (H. ix, p. 257), but became extinct in 1780, when its territory was divided into Jefferson, Fayette and Lincoln Counties (H. x, p. 315).
38 See note 13.
30 The "Act for dividing Richmond County" appears in Hening (iv, p. 95) by title only, but reference to Part VI, chapter iv, below, will show the full text of this Act, a copy of which was recently secured by the Library from the Public Record Office in London, for use in this connection. It will be noted that King George County,-although authorized by an Act passed in 1720,-came into actual existence in 1721,-the former date being the general and more popular interpretation of the earliest actual existence of this county.
40 See note 13.
" We are indebted to Doctor Lyon G. Tyler, of Williamsburg, Va., for the following data concerning the carly history of Lancaster County:
"The books in the Land Office show that the land in Lancaster County was previously in Northumberland and York. The first court was held January 1, 1651 /52. It was probably formed at an assembly held in 1651, whose records are not preserved."
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Through the generous co-operation of the Hon. Wm. Chilton, Clerk of the Circuit Court of Lancaster, we are able to quote in full an attested copy of the record of the proceedings of that court:
"At a Court holden for Lancaster County at ye house of Mr. More Fantleroy on ye. first of Jany 1652.
Present Mr. Toby Smith Mr. Ja; Williamson
Mr. James Bagnall Mr: Geo: Tayloc
Mr: David Fox Mr: Geo: Gibson
Mr. Wm: Underwood
The Court according to an Act of Assembly in yt case provided hath elected made choyce & appointed John Philips to officiate in ye place & office of Clerke to ye sd Court, he ye sd Philips demeaning himself therein according to ye oath by him taken & ye laws & customs of this Country. And likewise forasmuch as ye sd County beinge in ye infancy & first seating thereof not able to afford a livelyhood & subsistence to him yt shall officiate in ye place and office of Sheriff, the Court hath likewise conferd ye sd place & office on him ye sd Philips, he puting in security acording to Act in yt case provided & whereas the sd Philips having presented Abraham Moone to this Court for his security for ye sd place of Sheriff the Court hath adopted thereof he entering bond to ye Court according to ye Courts bond in like cases.
Whereas Capt More Fantleroy hath made supplication unto the Court yt there is two hundred acres of land due him for transportation of four persons into this country whose names are hearunder inserted the Court doth order yt certificate thereof be made to ye Secretary at James Cittie. [Here follow the four names, but are too much defaced to be deciphered].
The Court hath ordered yt ye next Court for this County be holden at ye house of Mr: Tho: Brise on ye 6th day of August next & yt ye Court hereafter be [hiatus] on yt day unless it be Sunday.
A Copy-Teste:
Wm. Chilton Clerk. Feb. 8th. 1916."
42 See note 35.
" Through the generous co-operation of Judge Frederick W. Sims, of Louisa, Va., we are able to offer the following letter in regard to the escape of the records of Louisa County:
Louisa, Va. February 8, 1916.
"Mr. Morgan P. Robinson, Archivist of the Virginia
State Library, Richmond, Va.
My dear Sir:
Replying to your letter of the 5th inst., will say that the records of the clerk's office of Louisa County are complete from 1742, when it was cut off from Hanover County, down to the present time, with the ex- ception of one order book of the county court which was in use during the war and was sent to Richmond for preservation, destroyed, it is supposed, at the fall of Richmond.
There was a deed book sent to Richmond at the same time, namely, the deed book from 1860 to 1865. This book had a rather remarkable experience. It was carried away from Richmond by the Federal troops, and a Mr. George E. Bluebaugh, the hotel keeper at Louisa, happened to be in Baltimore soon after the war and saw this deed book on a table in a hotel and he was told by the hotel proprietor that he had bought the book from a negro for $1.00. Bluebaugh on returning home reported this to the Board of Supervisors of Louisa County and the latter bought the book from the Baltimore Hotel man for the sum of $25.00. The following entry appears on the fly leaf of this deed book, in the hand writing of Mr. Jesse J. Porter, who was clerk of
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this county for a great many years, up until his death, and who is suc- ceeded by his son, Mr. P. B. Porter, the present clerk:
"This book was carried by yankees from Richmond, whence it had been sent to evade them, to Maryland and bought by the county of Louisa for the sum of $25.00.'
The two books above mentioned were the only records from this county that were sent away for safe-keeping during the war of 61 to 65. The other records remained here throughout the war and were not molested.
While it is true that Tarlton on his raid to Charlottesville passed by Louisa Courthouse, none of the records were molested by him.
There are some very interesting orders of court in our old order books in colonial days, one especially in reference to the fining of an Episcopal clergyman for being drunk and swearing 'one profane oath' and also some very interesting records in connection with Patrick Henry when he lived in this county, who, as you will remember, was the Delegate from Louisa County at the time he made his famous utter- ance of 'Give me liberty or give me death.'
I feel sure that Mr. P. B. Porter, clerk of Louisa, will be glad to give you such further information as you may desire.
With kindest regards and best wishes, I remain
Yours sincerely, F. W. Sims."
(43, a For full text of this act, see Part VI, Chap. i, below.
44 Lower Norfolk County was formed in 1637 (see note 55), but became' extinct in 1691, when its territory was divided into Norfolk and Princess Anne Counties (H. iii, p. 95).
" The "Journal of the House of Delegates", October, 1792, p. 165, gives this date as December 5, 1792, but H. xiii, p. 558, gives the date as December 4, 1792,-the former, of course, being the correct one.
46 See note 50.
47 The title of this act varies in each of the following sources,-"Journal of the House of Delegates", 1834-5, p. 245; Ibid., p. 249; A (1834-5), p. 38.
48 The "Journal of the House of Delegates", 1803-'04, gives this date as January 3, 1804, whi'e S. iii, p. 77, gives the date as January 2, 1804,-the former, of course, being the correct one.
4º We are indebted to Doctor Lyon G. Tyler, of Williamsburg, Va., for the following data concerning the early history of Middlesex County:
"The nearest date for its formation is its first court Feb. 2, 1673-'74".
From W. G. Stanard's "Extracts from the Records of the Counties of Old Rappahannock, Essex, Middlesex, King George and Richmond" (manuscript) in the Virginia State Library, we quote the following caption of the first court of Middlesex County:
"Present at a court held Feb. 1673: Richard Perrott Sr; John Branham, Abraham Weeks, Robert Beverley, Henry Thacher, John Foxcroft, Richard Perrott Jr; Walter Whittaker and John Hazlewood, Gentlemen, Justices."
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Upon the suggestion of the Hon. M. E. Bristow, of Gloucester, and through the generous co-operation of the Hon. W. W. Woodward, we are able to offer the following letter in regard to the escape of the records of Middlesex County:
Hampton, Va., Feb. 10th, 1916.
"Mr. Morgan P. Robinson, Virginia State Library, Richmond, Va.
Dear Sir :-
Your letter of the 9th inst., is received, relative to the court records in Middlesex County, Va. My father, P. T. Woodward, was the Clerk of Middlesex County for forty years, beginning in 1852. During a portion of this time I was his deputy.
The records of Middlesex County are intact and date back for more than two hundred years. These records were not destroyed during the War between the States.
My father had securely packed and removed the valuable books and papers during the war and concealed them, in an out of the way place upon what is called and known as the Dragon Swamp, which is the head waters of the Piankatank River. The Yankee troops broke in the office, and finding no valuable records pulled down many old worthless papers, cut the strings and scattered them a foot deep on the brick floor. These papers were afterwards burned by order of the Court.
Hon. H. R. Pollard, City Attorney of Richmond, can give you in- formation on the subject.
Yours very truly, w. W. Woodward."
50 Williams's "Index to the Enrolled Bills of the General Assembly of Virginia, 1776-1910" (1911), p. 294, 1. 47, under the caption "Monroe County", carries the entry "Establishing Taylor county from part of,-1843-4, 9",-this entry obviously having been typographically transposed from its proper place amongst the data under "Marion County", as see A (1843-4), p. 34. See also note 17.
61 The "Journal of the House of Delegates", 1798-9, p. 77, gives this date as January 15, 1799, while S. ii, p. 168, gives the date as January 14, 1799,- the former, of course, being the correct one.
52 Upper Norfolk was formed in 1637 (see note 55), but the name was changed to Nansemond in 1642. For full-text of the Act of Assembly estab- lishing this new early date for Nansemond, see Part VI, chap. ii, below.
58 The "Journal of the House of Delegates", 1807-'08, p. 34, gives this date as December 23, 1807, while S. iii, p. 378, gives the date as December 25, 1807 (Christmas Day),-the former, of course, being the correct one. The assembly sat regularly on Christmas Day as late as 1801.
54 See note 30.
55 We are indebted to Col. B. O. James, Secretary of the Commonwealth, for the following extract from a letter concerning the records of Norfolk County, written under date of Portsmouth, Va., October 21, 1913, by the Hon. Alvah H. Martin, Clerk of that county:
"You will find that what was known as New Norfolk County was formed in 1636, and embraced the territory [of Elizabeth City County] south of the James River. In 1637 New Norfolk County was divided into Upper and Lower Norfolk County. Upper Norfolk County was then changed to Nansemond County (see First Hening's Statutes, page 321). In 1691 Lower Norfolk County was divided into Princess Anne and Norfolk Counties; but Norfolk County proper retained all the record books to 1636, so that our records here embrace the records of Nanse- mond and Princess Anne Counties, as well as Norfolk County itself, from 1636. It also embraces the records of Norfolk City up to the time of its incorporation. You can see the proof of the last state- ment in Third Hening, p. 95." For full text of the Act giving the bounds of Lower Norfolk and Upper Norfolk, see Part VI, chap. i, below.
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56 New Norfolk County was formed from Elizabeth City County in 1636 (see note 55), but it became extinct in 1637, when its territory was divided into Upper Norfolk and Lower Norfolk Counties (see note 55; H. i, pp. 228, 247).
57 "That [1691] is the date of the formation of Princess Anne. But the act declares that the other county mentioned at that time should 'retain' the name of Norfolk County. The act divided 'Lower Norfolk County' into two, but Norfolk County was nothing more than 'Lower Norfolk' reduced by Prin- cess Anne. There had once been an 'Upper Norfolk County', but that had long been known by the name of Nansemond, and it was felt in 1691 that it was useless to retain the adjective 'Lower'. The books in the clerk's office at Portsmouth begin in 1637." "Virginia Magazine of History and Biography", iii, p. 84. (See note 55.)
58 The name of Accomack County was changed to Northampton in 1642 /3 (H. i, p. 249); see also Green's "Genesis of Counties" in Slaughter's "Brief Sketch of William Green, LL. D.",p. 101. .
60 We are indebted to Doctor Lyon G. Tyler, of Williamsburg, Va., for the following data concerning the early history of Northumberland County:
"Northumberland was the Indian name given to the Indian district Chickacoan in February, 1645 (H. i, p. 294). It was doubtless then created a county by the governor and council. In October, 1648, this action was formally confirmed by the General Assembly. (H. i, p. 352; see also account of Northumberland in "William and Mary Quarterly", xxiii, p. 182)". See also "Virginia Magazine of History and Biography", xxiii, pp. 249, 250.
60 Northumberland and Westmoreland were united for "civill and millitary" purposes, by an Act of March 1661/2 (H. ii, p. 151).
61 The "Journal of the House of Delegates", October, 1788, 117, gives this date as December 23, 1788, while Hening (xii, p. 723) gives the date as December 22, 1788,-the former, of course, being the correct one.
62 The "Act for Dividing Charles City County" appears in Hening (iii, p. 223) by title only; but reference to Part VI, chapter iii, below, will show the full text of this Act, a copy of which was recently secured by the Library from the Public Record Office in London, for use in this connection. It will be noted that Prince George County,-although authorized by an Act passed in 1702,- came into actual existence in 1703,-the former date being the general and more popular interpretation of the earliest actual existence of this county.
** * *, but is is certain that in addition to the present County of Prince George, the Counties of Dinwiddie, Amelia, Nottoway and Prince Edward were included." ("Virginia Magazine of History and Biography", iv, p. 272). See also Part IV, chart 2, below.
63 See note 55.
64 The enrolled bills (1839, '58), and the Acts (1839, p. 30) give this order as "Montgomery and Wythe", while a typographical error makes Williams's "Index to Enrolled Bills" (p. 367, 1. 31), under the caption "Pulaski County", give the order as "Wythe and Montgomery".
65 We are indebted to Doctor Lyon G .Tyler, of Williamsburg, Va., for the following data concerning the early history of old Rappahannock County:
"Rappahannock County was formed, as shown by the county records, by Act of Assembly, December 11, 1656".
See also "Virginia Magazine of History and Biography", ii, pp. 72 and 235, where this date Is given as December 13, 1656.
" Rappahannock County was formed in 1656 (seo note 65), but became extinct in 1692, when it was divided into Essex and Richmond Counties (11. iii, p. 104).
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