USA > West Virginia > Randolph County > A history of Randolph County, West Virginia, from its earliest exploration and settlement to the present time > Part 13
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The assemblage of slaves at any school for teaching them reading or writing either in the day or night. was demed an unlawful assembly and the offenders were subject to corporal punishment, not to exceed twenty lashes.
Prior to 1806 an emancipated slave remaining in the State more than one year forfeited his or her freedom. No free negro or mulatto was permitted to migrate into the State
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under the penalty of receiving thirty-nine lashes for every week while he should remain in the State.
The General Assembly of Virginia in 1785, in order to prevent the further introduction of slaves into the State, passed an act that slaves brought into the Commonwealth and kept therein one year should be free.
It was unlawful for a slave to leave the premises of his master without a permit. No person was allowed to sell to or purchase from a slave any commodity without the master's consent.
In the same year the General Assembly declared all per- sons to be mulattoes, whose grandfathers or grandmothers shall have been negro, although all his other progenitors shall have been white persons. Also, every person, who shall have one-fourth part or more negro blood should be deemed a negro.
The early laws of Virginia recognized another species of servitude; that of servants. The legal status between ser- vant and master was clearly defined by statute. Many poor persons in the mother country contracted for service on Vir- ginia plantations in consideration of transportation. Then the mother country from motives of economy of gibbets and jail room at home transported a number of individuals who had not displayed a proper ethical consideration for the rights and properties of others in England. This class of individuals were sold to the American planter. In a new environment, with the inspiration of the opportunities of a new and growing country, removed from the scenes of their crimes, these ex- ported convicts, as a rule, became upright and exempulary citizens.
No negro, mulatto or Indian could purchase any servant other than their own complexion.
By act of the Assembly of 1792, the servant could not be compelled to perform a contract exceeding seven years. In- fants under fourteen years of age, with consent of parents or guardian could serve until of age. Servants, whose compen- sation was limited to transportation, food, lodging and cloth- ing were to receive at the end of their service a suit of clothes, suited to the season: to-wit, a coat, waist coat, pair of
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breeches, and shoes, two pair of stockings, two shirts, a hat and a blanket.
A Justice of the Peace could convict a servant for lazi- ness and have him corrected with stripes. No servant was permitted to sell or receive any commodity.
In offenses by free persons punishable by fines, servants were punished by lashes. Every servant upon the expiration of his or her time, was upon proof, to receive a certificate from the cleark of the court where he or she last served.
The Virginia Assembly passed an act November 13, 1788, to prevent the importation of convicts into Virginia, as follows :
"Whereas, it has been represented to this general assem- bly by the United States in congress, that a practice has pre- vailed for some time past of importing felon convicts into this state, under various pretences, which said felons convict so imported and sold and dispersed among the people of this state, whereby much injury hath been done to the moral, as well as the health of our fellow citizens: for remedy whereof,
"Be it enacted, that from and after the first day of Janu- ary next, no captain or master of any sailing vessel, or any other person, coming into this commonwealth, by land or water, shall import or bring with him, any person who shall have been a felon, convict, or under sentence of death, or any other legal disability incurred by a criminal prosecution, or who shall be delivered to him from any prison or place of confinement, in any place out of the United States."
Religious Freedom.
Virginia had originally an established church with some of the intolerance of the mother church of England, but under the leadership of Thomas Jefferson, who is justly venerated as the father of religious liberty in Virginia, the legislature incorporated the liberal views of this distinguished statesman in the statutes of the state. In 1776 a committee had been appointed to revise the statutes of the state and the most im- portant of these bills were enacted into law in 1785 and 1786. Among the bills recommended was one for establishing re- ligious freedom, which became a law in October 1785. Patrick
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Henry was at that time Governor of Virginia. The preamble and act was as follows:
"Whereas, Almighty God hath created the mind free ; that all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend only to beget habits of hypocricy and meanness, and are a departure from the plan of the Holy author of our religion who being Lord both of body and mind, yet choose not to propogate it by coercion on either, as was in his almighty power to do: that the impious presumption of legislators and rulers civil as well as eccle- siastical, who being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time; that to com- pel a man to furnish contributions of money for the propo- gation of opinions which he disbelieves, is sinful and tyran- ical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the com- fortable liberty of giving his contributions to the particular pastor, whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness, and is withdrawing from the ministry those temporary rewards, which proceeding from an approbation of their personal con- duct, are an additional incitement to earnest and unremitting labours for the instruction of mankind: that our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry ; that therefore the pro- scribing any citizen as unworthy the public confidence by laying upon him incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious belief, is depriving him injuriously of these privileges and advantages to which in common with his fellow citizens he has a natural right : that it tends only to corrupt the prin- ciples of the religion that it is meant to encourage, by bribing with a monopoly of worldly honors and emoluments, those who will externally profess and conform to it: that though indeed these are criminal who do not withstand such tempta-
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tion, yet neither are those innocent who lay the bait in their way ; that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propogation of principles on supposition of their ill tendency, is dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency will make his opinions the rule of judgment, and approve or con- dem the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government, for its officers to interfere when principles break out into overt acts against peace and good order ; and finally, that truth is great and will prevail if left to herself, that she is the proper antagonist to error, and has nothing to fear from the conflict unless by human interposi- tion disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them :
Be it Enacted by the General Assembly, That no man shall be compelled to frequent or support any religious wor- ship, place or ministry whatsoever, or shall be enforced, re- strained, molested or burthened in his goods, nor shall other- wise suffer on account of his religious opinions or belief ; but that all men shall be free to profess, and by argument to main- tain, their opinion in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil ca- pacities.
And though we well know that this assembly elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding assemblies, con- stituted with powers equal to our own, and that therefore to declare this act irrevocable would be of no effect in law ; yet we are free to declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present, or to narrow its opera- tion, such an act will be an infringement of natural right."
The military spirit prevailed in the early history of this county, to a much greater extent than today. The long con- test with the Indians and French had imbued the people with
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a military spirit and inured them to the hardships of war. After the revolution the masses of the people gladly returned to the pursuits of peace, but the thunder and mutterings of the war god in Europe, echoed in the New World and the drill and efficiency of the militia was the constant care and patronage of the state. Musters for military drills were gala days in the pioneer period. In that day, when physical prowess was at a premium from an environment of danger and hard- ship, it was not an unusual occurrence for the participants of the muster, to test their physical skill and endurance in a fistic encounter.
The law under which musters were held was passed October 17, 1785. Patrick Henry was at that time Governor of Virginia. Several salient sections of the law are produced below :
"That all free male persons between the ages of eighteen and fifty years, except the members of council of state, judges, millers, ministers of the gospel, etc., shall be inrolled or form- ed into companies, of three serjeants, three corporals, a drum- mer and a fifer, and not less than forty and not more than sixty-five rank and file; and these companies shall again be formed into regiments of not more than one thousand, nor less than five hundred men, if there be so many in the county. Each company shall be commanded by a captain, lieutenant, and an ensign ; each regiment by a colonel, and a major ; and the whole by a county lieutenant. There shall be a private muster of every company once in two months, except Decem- ber and January, at such convenient time and place as the captain or next commanding officer shall appoint: a muster of each regiment on some day in the month of March or April in every year, and a general muster of the whole on some day in the month of October or November, in every year, to be appointed by the county lieutenant.
"Every officer and soldier shall appear at his respective muster field on the day appointed, by eleven o'clock in the forenoon, armed, equipped and accoutered as follows: The county lieutenants, colonels, lieutenant colonels, and majors, with a sword, the captains, lieutenants, and ensigns, with a sword and espontoon, every non-commissioned officer and
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private, with a good clean musket, carrying an ounce ball and three feet eight inches long in barrel, with a good bayonet and iron ramrod well fitted thereto, a cartridge box properly made, to contain and secure twenty cartridges fitted to his musket, a good knapsack and canteen, and moreover, each non-commissioned officer and private shall have at every muster one pound of good powder, and four pounds of lead, including twenty blind cartridges; and each serjeant shall have a pair of moulds fit to cast balls for their respective companies, to be purchased by the commanding officer out of the monies arising on delinquencies.
"Provided, that the militia of the counties westward of the Blue Ridge, and the counties below adjoining thereto, shall not be obliged to be armed with muskets, but may have good rifles with proper accouterments, in lieu thereof.
"And whereas it will be of great utility and advantage in establishing a well disciplined militia, to annex to each regi- ment a light company to be formed of young men, from eighteen to twenty-five years old, whose activity and do- mestic circumstances will admit of a frequency of training and strictness of discipline, not practical for the militia in general, and returning to the main body, on their arrival at the latter period, will be constantly giving thereto a military pride and experience, from which the best of consequences will result.
"If any non-commissioned officer or soldier shall behave himself disobediently or mutinously when on duty, on, or before any court or board directed by this act to be held, the commanding officer, court or board, may either confine him for the day, or cause him to be bound neck and heels for any time not exceeding five minutes. If any by-stander shall interrupt, molest or insult any officer or soldier while on duty at any muster, or shall be guilty of the like conduct before any court or board, as aforesaid, the commanding officer, or such court, or board may cause him to be confined for the day.
And when any militia shall be in actual service, they shall be allowed pay and rations as follows: A brigadier general, one hundred dollars per month, and twelve rations of pro- visions and five rations of forage for himself and family, per day: an aid-de-camp, thirty dollars per month ; a colonel,
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seventy-five dollars per month and six rations of provisions. and two rations of forage per day : a brigade major, thirty dollars per month, four rations of provisions and two rations. of forage per day ; a brigade quartermaster, thirty dollars per month, and three rations of provisions and one ration of forage per day : a lieutenant colonel, sixty dollars per month, and five rations of provisions and two rations of forage per day; a major, fifty dollars per month and two rations of forage per day ; a captain, forty dollars per month and three rations of provisions per day : a lieutenant, twenty-seven and two-thirds dollars per month and two rations of provisions per day : an ensign, twenty dollars per month and two rations of provisions per day : a surgeon, sixty dollars per month and three rations of provisions and two rations of forage per day : a quarter- master, twenty dollars per month and two rations of provi- sions and one ration of forage per day : a paymaster, forty dollars per month and two rations of provisions and one ration of forage per day : an adjutant, twenty-four dollars per month and two rations of provisions and one ration of forage per day ; a quartermaster sergeant, eight dollars per month and one ration per day : a sergeant, eight dollars per month and one ration per day : a corporal, seven dollars per month and one ration per day ; a private, five and one-half dollars per month, and one ration per day. A ration shall consist of one pound of fresh beef or pork, or three-quarters of a pound of salt pork, one pound of wheat bread or flour, or one pound and a quarter of corn meal, one gill of rum, when to be had, and one quart of salt, one quart of vinegar, two pounds of soap, and one pounds of candles, to every hundred rations ; but in case salt meat be issued, the salt to be withheld; and a ration of forage, of ten quarts of corn or oats, and fourteen pounds of hay or fodder.
The pioneer depended, much more than people of the present day, upon the local grist mill for converting his corn and wheat into meal and flour, whereof was obtained the "staff of life." The miller was an important and conspicuous personage in the community and an object of much consid- eration by the law making bodies. Unless the mill was es- tablished by court, the owner could collect no toll nor receive
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any compensation for grinding grain. The law, in part, gov- erning the operation of grist mills was as follows:
"All millers shall well and sufficiently grind the grain, brought to their mills for the usual consumption of all per- sons bringing the same and their families: and in due turn as the same shall be brought and may take for the toll, one- eighth part and no more, of all grain of which the remaining part shall be ground into meal and one-sixteenth part and no more of all grain of which the remaining part shall be ground into hominy or malt.
"And every miller or occupier of a mill, who shall not well and sufficiently grind as aforesaid, or not in turn as the same shall be brought, or take or exact more toll, shall, (whether such mill be established by law or not) forfeit and pay to the party injured, five dollars for each and every of- fense, recoverable with costs before any justice of the peace of the county where such offense shall be committed. And where the miller shall be a slave free or mulatto, he shall, upon the first conviction for such offense, receive ten lashes, and on the second conviction twenty lashes, on his or her bare back, well laid on, in lieu of the forfeit aforesaid: but upon a third conviction, the master of such slave, where the party is a slave, or his overseer or agent, shall be liable to pay to the party injured, five dollars, recoverable as aforesaid, and so for every offense by such slave afterward committed ; pro- vided that every owner, or occupier of a mill, shall have a right at any time to grind his or her own grain for the con- sumption of his or her family ; And provided, That no miller shall be obliged to run more than one pair of stones, for the purpose of grinding grain brought to his mill for the con- sumption of the persons bring the same and their families.
"Every owner or occupier of a mill established, or grind- ing for toll, as aforesaid, shall keep therein sealed measures, of half bushel and peck, and toll dish sealed, and shall measure all grain by strike measure under the penalty of paying two dollars and fifty cents for every such failure, recoverable with costs, before a justice of the peace for the county wherein such mill shall be, to the use of the informer, and if the miller be
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a slave or servant, his master or owner shall be liable to the penalty."
According to the code of Virginia of 1819, in case of trespass by horses and cattle upon the lands of another, for the third offense the "party injured may kill the beast without being liable to an action."
In the question of the lawfulness of a fence, in case of trespass the justice was compelled to issue his order for "three honest and disinterested house keepers," to view the fence and their testimony was good evidence to the jury.
Persons injuring trespassing live stock, when their fence was not up to the legal standard, were mulcted in double damages. The statute read as follows: "If any person dami- fied for want of such sufficient fence shall injure or cause to be injured, in any manner, any of the kind of animals above mentioned, he shall pay to the owner double damages, with costs recoverable as aforesaid."
The penalty for making a fence across a public road was one dollar and sixty cents for every twenty-four hours the fence remained.
On November 7, 1787, an act was passed by the Virginia Assembly of considerable historic interest. John Fitch, of Pennsylvania was granted exclusive privilege to navigate steamboats upon all waters within the jurisdiction of the state for a term of fourteen years. This act was to become void if he did not have his boats or crafts in use at the expiration of three years from the passage of the act. The preamble of the bill cited that John Fitch "hath constructed an easy and ex- peditious method of propelling boats through the water by force of fire or steam." Several years previous, while sailing on the great western rivers, the idea occurred to him that they might be navigated by steam. He applied for pecuniary assistance to several states without success. However in 1786, he succeeded in forming a company for the prosecution of his enterprise, and a steam packet was launched on the Delaware. The undertaking proved a losing one and Mr. Fitch, in poverty and disappointment, committed suicide in 1798. James Rumsey disputed Fitche's claim to be the in-
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ventor of steam navigation, but, he as well as Robert Fulton, who in 1806, succeeded in propelling a boat through the water by the use of steam, perhaps, appropriated the ideas conceived and suggested by Fitch several years previous.
District courts were established by act of the Virginia Assembly December 22, 1788. Randolph, Harrison, Monon- galia, and Ohio composed one of the circuits. Court for this district was to be held at Monongalia court house on the 3rd day of May, and the 20th day of September of each year. Judges were elcted by joint ballot of the both houses of the Assembly. There were to be two judges for each circuit. Where the charge was of such a nature as to subject the party to capital punishment or burning in the hand, two judges were required to try the issue, whether in law or fact. Their jurisdiction obtained in civil causes, only, where the matter in controversy amounted to 3000 pounds, or more, of tobacco.
On November 20, 1788, the Virginia Assembly apportion- ed the state into ten Congressionad districts and passed an act for the election of representatives pursuant to the consti- tution of the United States, which had been ratified by Vir- ginia in June of the same year. Randolph county was linked with Harrison, Hampshire, Berkeley, Frederick, Shenandoah, Ohio, Monongalia and Hardy in the formation of one con- gressional district. This congressional district, with a few variations, remains much the same today.
On December 9, 1795, the General Assembly of Virginia passed an act for removing the obstructions for the passage of fish in the Tygarts Valley river. There is no record or tradition that anything was ever accomplished and the agita- tion for this project, though hoary with the frosts of many winters, today shows the vitality of vigorous youth. The falls referred to exist a few miles below the city of Grafton. The narrows, near Cornelius Westfall's, has reference to the passage of the Valley river through the mountains, a few miles below Elkins. A copy of the act is produced below :
"Be it enacted by the General Assembly, That Robert Maxwell, Abram Kittle, John Pancake, Abram Springstone, Jacob Stornaker, Benjamin Hornbeck, Simon Reader, Heze- kiah Roincrantz, and Jonas Friend, gentlemen, shall be and
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are hereby constituted and appointed commissioners, for tak- ing and receiving subscriptions for the purpose of defraying the expense of removing the obstructions to the passage of fish, in the Tygarts Valley River between the falls and the narrows near Cornelius Westfall's.
"If any person shall neglect or refuse, when required to pay the money by him subscribed, it shall be lawful for the said commissioners or the survivors of them, to recover the same by motion in the court of the county where the sub- scriber resides: Provide, the party has ten days previous notice of such motion, and the clerk shall endorse on every execution issued by virtue of this act, No security to be taken.'
"The commissioners, or a majority of them, shall have power to contract and agree with one or more fit person or persons for removing the obstruction to the passage of fish in Tyger's Valley river between the falls thereof and the nar- rows near Cornelius Westfall's and take a bond or bonds with sufficient security for the due and faithful performance of the undertaking: and of the money arising from the subscrip- tion as aforesaid, to pay the expense thereof.
"This act shall commence and be in force from and after the passing thereof."
The Virginia Assembly on December 10, 1793 passed an act authorizing the county of Randolph to open a wagon road from the court house at Beverly to the State Road at David Minear's on Cheat River. Under this act the surveyors of the different precincts of the county were to compel all persons in their precincts, who were subject to the road law, to assist in the construction of this road. The road law at that time compelled "all male labouring persons, of the age of sixteen years or more, except such as are masters of two or more male labouring slaves of the age of sixteen years or more to work on some public road." The penalty for the violation of this statute was seven shillings and six pense for each day's of- iense. The following is a copy of the act referred to above :
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