USA > West Virginia > Harrison County > History of Harrison County, West Virginia : from the early days of Northwestern Virginia to the present > Part 19
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50
A conspiracy for the murder of the whigs and for accepting the terms offered by the Governor of Canada to those who would renounce their allegiance to the United States, and repair to Detroit by the relenting of one individual was prevented being carried into effect, and many were consequently saved from horrors equalling if not transcending in enormity the outrages of the savages themselves.
Scenes of licentiousness and fury followed upon the discovery of the plot. Exasperated at its heinousnes and under the influence of resentful feelings, the whigs retaliated upon the tories some of the evils which these had conspired to inflict upon them.
In the infuriated state of their minds and the little restraint at that time imposed upon the passions by the operation of the laws, it is really a matter of admiration that they did not proceed further and requite upon those deluded wretches, the full measure of their premeditated wrongs. The head only of this flendish league lost his life, but many depre- dations were committed on the property of its members.
A Court for the trial of the conspirators was held at Redstone Old Fort, Brownsville, Pennsylvania, and many of them were arraigned at its bar, but as their object had been defeated by its discovery, and as no further danger was apprehended from them they were released, after being required to take the oath of allegiance to the United States and to bear with the injuries which had been done their property.
Those who were suspected for the murder of the chief conspirator were likewise arraigned for that offense, but were acquitted."
155
HISTORY OF HARRISON COUNTY
This is a very indefinite statement as to what really occurred as no names are given and all is mere tradition.
Wiley in his history of Monongalia County refers to this plot and to the tradition that several persons were arrested and taken to Richmond for trial, and also that one prisoner while guarded by three of the Morgans under orders for Richmond, was drowned in Cheat River near the Dunkard Bottom by the upsetting of the boat, and that inquiry was never made whether the upsetting was accidental or otherwise, as the settlers did not want to spare three good men from the frontier while the Indians were hostile to guard one man to the East.
But whatever took place it is certain that the movement was considered important enough to receive the attention of both Congress and the Virginia Assembly, as the latter body in October 1777 passed an act reciting that Samuel Washington, Gabriel Jones and Joseph Reed had been appointed Commissioners by the United States Congress to repair to Fort Pitt in order to investigate the rise, progress and extent of the disaffection in that quarter, and authorized the said commissioners to apprehend such inhabitants of the Counties of Ohio, Monongalia and Yohogania as shall appear to said commissioners to have been concerned in any conspiracy or plot against the said States or any of them and to deliver the offenders to the proper officers to be prosecuted according to law.
What action this commission took, if any, is not known, as no report of its proceedings is known to exist.
The laws of Virginia enacted during the war of the Revolution, against the tories, or those who announced their allegiance to, or gave aid and comfort to the soldiers of King George, were drastic and severe, and inflicted fines, imprisonment confiscation of property, banishment through the enemies' lines or trial by Court Martial, for treason to the Common- wealth. It was a penal offense to drink to the health of the King, and in the excitement of the times the lot of the tory was not a pleasant one. Thousands of them left the Country and sought protection under the flag of Great Britain.
All male inhabitants were required to take the oath of allegiance to the Commonwealth of Virginia.
For many years after the Revolution the name of "Tory" was a word of reproach.
In October 1777 a law was passed directing a draft of soldiers to be made in Virginia to fill up the ranks of her depleted regiments then in the Continental Service, and the quota from Augusta County, which at that time included the territory of Harrison County was fixed at ninety-seven men.
In October 1780 another draft was made and the quota of Monongalia County was fixed at 30 men. The territory of Harrison County was by an act of the same session transferred from Augusta to Monongalia.
Pay Roll of Captain William Haymond's Company of Monongahela County Militia in active service during the war of the Revolution in 1777.
156
HISTORY OF HARRISON COUNTY
William Haymond. . Captain
Frederick Ice
Private
MMorgan Morgan Lieutenant
Henry Hank.
Private
James Johnston
Ensign
Peter Propeno Private
Zarah Ozban
Sergeant
Levy Carter.
Private
Amos Ashcraft
. Private
John Carter.
Private
John Doherty. .
Private
Frederick Huckleberry Private
Edmond Chaney Private
Jarvis Brumagen Private
Jeremiah Chaney Private
Jeremiah Simson.
. Private
David Morgan .. Private
Valentine Kennett. Private
Thomas Haymond.
Private
Evan Morgan
. Private
Amos Pettyjohn.
Private
Reuben Boner
Private
William Pettyjohn
Private
James Morgan, Sr.
Private
Robert Campbell
Private
John Lemasters.
Private
John Ice.
Private
James Morgan, Jr.
Private
157
HISTORY OF HARRISON COUNTY
Formation of Counties.
The House of Burgesses of Virginia in the year 1634, in the reign of King Charles the I divided the colony into eight shires to be governed as the shires in England were and named them as follows.
James City, Henrico, Charles City, Elizabeth City, Warwick River changed to Warwick, Warrosquoyacke, changed to Isle of Wight, Charles River, changed to York, and Accawmack.
This was the first attempt to organize the colony into counties and included the territory up the James River as far as the present site of Richmond. Other counties were formed as the settlements moved Westerly towards the Blue Ridge.
In 1734 when Orange County was created from Spottsylvania, its boundaries were described as extending westerly to the "utmost limits of Virginia."
In November 1738, in the reign of King George the II, that portion of the County of Orange lying beyond the Blue Ridge, to the "Western limits of Virginia," was separated from the rest of the County and erected into two distinct counties; to be divided by a line to be run from the head spring of Hedgeman river to the Head Spring of the Potomac river and that part of said territory lying to the North East of the said line, beyond the top of the Blue Ridge was called the county of Frederick, and the rest of the said territory lying on the other side of the said line beyond the top of the Blue Ridge was called the county of Augusta.
That portion of the county of Augusta lying west of the Allegheny Mountains was known as the "District of West Augusta." This was probably designated as such by the County Court as no act of the Legis- lature can be found referring to this being a district of Augusta County, or giving its boundaries for many years after the formation of the County.
Augusta County it is presumed attempted to exercise some jurisdiction over this vast region which will be referred to hereafter.
The Virginia Convention held at Richmond in July 1775, adopted an ordinance, defining the manner of representation by the several counties, in all general conventions which shall be held within the State hereafter, provided that the "Land Holders of the 'District of West Augusta' shall be considered as a distinct county, and have the liberty of sending two delegates to represent them in general convention as aforesaid."
The constitution adopted in May 1776 authorized the District of West Augusta to send two delegates to the General Assembly.
The reign of the King now ceases and the rule of the Commonwealth begins.
158
HISTORY OF HARRISON COUNTY
In October 1776 the General Assembly of Virginia in the first year of the Commonwealth passed an Act entitled "An Act for ascertaining the boundary between the County of Augusta and the District of West Augusta, and for dividing the said district into three distinct counties." The act is partly as follows :
"That the boundary between the said district and County shall be as follows, to wit: Beginning on the Allegheny Mountain between the heads of Potowmack, Cheat and Greenbriar rivers; thence along the ridge of mountains which divides the waters of Cheat River from those of Green- briar, and that branch of the Monongahela river called Tygar't Valley River, to the Monongahela river; thence up the said river and the West Fork thereof to Bingerman's Creek on the North West side of the said West Fork; thence up the said creek to the head thereof, thence in a direct course to the head of Middle Island Creek, a branch of the Ohio and thence to the Ohio including all the waters of the said creek in the afore- said district of West Augusta; all that territory lying to the Northward of the aforesaid boundary, and to the Westward of the States of Pennsyl- vania and Maryland, shall be deemed and is hereby declared to be within the District of West Augusta."
The act then further proceeds to divide the territory above described as being within said District into three Counties, called Ohio, Monongalia and Yohogania.
When by the extension of Masons and Dixons line Westward it was discovered that the greater part of Yohogania County lay within the limits of Pennsylvania, and that portion on the Virginia side of the line was in 1785 added to the County of Ohio and Yohogania became extinct and is known as the "lost County."
The District of West Augusta being abolished by the formation of the three counties mentioned above, this left the present territory of Harri- son County within the boundaries of Augusta County.
The Northern boundary of Greenbrier County when it was created in 1777, was described as follows:
Beginning on the top of the ridge which divides the Eastern from the Western waters where the line between Augusta and Bottetourt crosses the same, and the same course continued North fifty-five degrees West to the Ohio River.
In May 1779 the mountainous region in Augusta County lying on the head waters of the Elk, Tygarts Valley, and Cheat Rivers and along the ridge dividing the waters of Cheat from the waters of the Potowmack river was added to Monongalia County.
It is supposed that this territory was intended to have been included in Monongalia County at the time of its formation in 1776, but from an imperfect knowledge of the country, or error, was omitted, and was cor- rected by the act of 1779.
In October 1780 an Act was passed to the effect "That all that part of the county of Augusta North West of the Line that divides Augusta from Green-Brier, on the top of the ridge, that divides the waters of Green- Brier from those of Elk and Tygarts Valley, and with that ridge to the ridge that divides the waters of Potowmack from those of Cheat, and with
159
HISTORY OF HARRISON COUNTY
the same to the line that divides Augusta and Rockingham, shall be and the same is hereby added to and made part of the county of Monongalia."
Provision is made in this act, that the Court of Augusta County shall try and determine all suits which shall be pending before it, and that the Sheriff shall be authorized to collect any public dues for Officers fees which shall remain unpaid by the inhabitants at the time of the passage of this act.
This would indicate that Augusta had exercised some jurisdiction over her territory lying West of the mountains.
To substantiate this claim the following order is found in the Harrison County Court order book entered February 21, 1786.
"Ordered that a bridle road be opened from Conoly's Lick, agree- able to a former order of Augusta County Court, from said lick to the top of the Allegheny Mountains, and the petitioners are to aid and assist John Warwick, who is appointed overseer to open said way."
Mr. Jos. A. Waddell the historian of Augusta County in response to an inquiry writes as follows :
"I have never encountered in the records of Augusta County Court anything relating to taxes, roads, mills etc., in the trans-Allegheny region referred to."
In May 1784 the General Assembly passed an Act entitled "An Act for dividing the County of Monongalia."
I. Be it enacted by the General Assembly That from and after the twentieth day of July next, the County of Monongalia shall be divided into two distinct Counties, by a line to begin on the Maryland line, at the Fork Ford on the land of John Goff, thence a direct course to the head waters of Big Sandy Creek, thence down the said creek to Tygarts Valley fork of Monongahela river, thence down the same to the mouth of West Fork River, thence up the same to the mouth of Biggerman's Creek, thence up the said creek to the line of Ohio County; and that part of the said County lying South of the said line shall be called and known by the name of Harrison, and all the residue of the said county shall retain the name of Monongalia; that a Court for the said County of Harrison shall be held by the Justices thereof on the third Tuesday in every month after such division shall take place, in such manner as is provided by law for other Counties, and shall be by their commissions directed; that the justices to be named in the commission of the peace for the said County of Harrison, shall meet at the house of George Jackson, at Bush's old Fort, on Buckhannon River, in said County, upon the first court day after the said division shall take place, and having taken the oath prescribed by law and administered the oath of office to, and taken bond of the Sheriff, according to law, proceed to appoint and qualify a Clerk, and fix upon a place for holding Courts in the said County, at or as near the center thereof as the situation and convenience will admit of; and thenceforth the said Court, shall proceed to erect the necessary public buildings at such place; and until such buildings be completed, to appoint any place for holding courts as they shall think proper, Provided always, That the appointment of a place for holding courts, and of a clerk shall not be made unless a majority of the justices of the said County be present ;
160
HISTORY OF HARRISON COUNTY
where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such cases the appointment shall be postponed until some Court day, when a majority shall be present; that the Governor with the advice of the council shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions as is by law appointed for other Sheriffs.
II. Provided always, and be it further enacted, That it shall be lawful for the sheriff of the said county of Monongalia, to collect and make dis- tress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof, at the time such division shall take place, and shall be accounted for the same in like manner, as if this act had not been made; and that the court of the county of Monongalia, shall have jurisdic- tions of all actions and suits in law or equity which shall be depending before them at the time of the said division, and shall try and determine the same, and issue process and award execution thereon.
III. And be it further enacted, That the Court of the said County of Monongalia, shall account for and pay to the said County of Harrison, all such sums of money as shall or may be paid by the inhabitants of the said County of Harrison, towards defraying the expense of erecting a Court House, and other public buildings, in the said County of Monon- galia. That in all elections of a senator the said County of Harrison shall be of the same district with the said County of Monongalia.
The original boundaries of Harrison County, as near as can be ascer- tained included either wholly or partially the following named Counties :
Randolph
formed
in
1787
Tucker
.formed
in
1856
Barbour
1843
Taylor
1844
Marion
1842
Wood
1798
Pleasants
1851
Wirt
1848
Jackson
1831
Gilmer
1845
Calhoun
1856
Upshur
1851
Braxton
1836
Webster
1860
Pocahontas
"
1821
Ritchie
1843
Lewis
¥
1816
By an Act of the Legislature passed January 1, 1800, the following ing described portion of Ohio County was added to Harrison County.
Beginning at the mouth of the West Fork River, thence running a North West course until it strikes Buffalo Creek, Thence up the said creek to the main fork thereof; thence with the ridge that divides the waters of the said fork to the line of Ohio County, and with that line to the line of Harrison County.
A portion of this territory if not all, was afterwards included in Marion County and Bingamon Creek again made the line of Harrison County.
By an Act of the Legislature passed December 22, 1804, the follow- ing described portion of Ohio County was added to Harrison County,
Beginning at the top of the main dividing ridge that divides Ohio and Harrison Counties, where the dividing ridge puts up that divides the waters of Middle Island and Fishing Creek, and running along the top of
161
HISTORY OF HARRISON COUNTY
the ridge between the waters of Middle Island and Fishing Creek until it gets opposite the mouth of Arnold's Creek, and thence running a direct line to the mouth of said creek; thence up the channel of said creek to the mouth of the first large run on the West Side thereof above where the State road crosses; thence up the said run to the top of the ridge, and thence to the most Easterly corner of the Wood County line.
A good portion of this territory was afterwards included in Dodd- ridge County.
Thus it will be seen that the present territory of Harrison has at vari- ous times been included in Orange, Augusta, District of West Augusta and Monongalia Counties.
During the four years that Harrison County was included in Monon- galia, Courts were held at Morgantown, taxes collected, roads and mills es- tablished, suits brought and all legal jurisdiction exercised over it.
In the year 1796 the Monongalia Court House was destroyed by fire with all the County records except those of the Surveyor's office, and all proceedings of the County Courts referring to the territory of Harrison were destroyed, which is much to be regretted.
162
HISTORY OF HARRISON COUNTY
Land Laws.
The first settlers in North Western Virginia located their homesteads and built their cabins on any land that suited them without troubling themselves about procuring a legal title to their lands from the King or Colonial Government. They had a rude custom known as the tomahawk right, which consisted of deadening trees near a spring and cutting names or initials on trees to indicate that a location of that particular tract had been made, and among themselves these rights were generally respected and often sold to others. But as emigration became more numerous it was seen that to prevent confusion and disputes as to ownership of lands it was necessary to enact laws to secure to claimants the rightful possession of their homesteads and with this object in view several laws were passed, the substance of which are here given :
An Act of the General Assembly passed October 1777, provided that all persons who on or before the 24th day of June 1776 had settled on the western waters should be allowed four hundred acres of land for every family.
That any settler requiring a greater quantity of land should by paying the consideration money be entitled to the preemption of any greater quantity of land adjoining his settlement right not exceeding one thou- sand acres.
In 1779 the homestead law was changed to require the settler to live one year on and raise a crop of corn to entitle him to his four hundred acres.
In the above year an act was passed appointing a commission known as the "Commissioners of Unpatented Lands" who were authorized to hold sessions at various places in their respective districts and settle all disputes as to land entries and determine the right of all persons claiming any unappropriated lands and were required to grant certificates giving quantity and location of the tract with the cause of preemption and pat- ents were issued upon these certificates.
In 1779 a land office was established at Richmond and all matters re- lating to land were transacted through the Register of the land office.
The purchase price of lands were fixed at forty pounds for every hun- dred acres.
In 1819 the price of land warrants were fixed at two dollars per hun- dred acres and could be located upon any vacant land not claimed by an- other.
This system led to many vexatious law suits, as sometimes several persons would locate upon the same tract, and it was many years before land titles were permanently settled.
163
HISTORY OF HARRISON COUNTY
Cession of the North West Territory.
Under the charter granted by King James, Virginia claimed that her territory extended across the continent to the Pacific Ocean.
In the treaty of Paris in 1763 between Great Britain and France, the country west of the Mississippi River was conceded to France, this limited the Western boundary of the colony of Virginia to that river.
After the war of the Revolution when the colonies had thrown off the yoke of Great Britain and Virginia had been organized into a separate State, it was realized by her public men that she could not exercise civil jurisdiction over such an immense territory and in the interests of all the states, and for the general good of the country proposed to grant all of her holdings North West of the River Ohio to the United States, subject to certain conditions set forth in the several acts of Assembly relative thereto.
These acts were passed on January 2, 1781, December 20, 1783 and the deed of cession was made on March 1, 1784.
The Acts of the United States Congress passed September 13, 1783, July 7, 1786 and July 13, 1787 accepted the cession of the said territory under conditions therein specified, which were ratified and approved by the Act of the General Assembly of Virginia passed December 30, 1788.
The conditions of the compact required that the territory so cedcd should be laid out and formed into not less than three nor more than five states, to be republican in form and to be admitted into the Federal Union on an equal footing with the original States in all respects whatsoever : That the inhabitants of the said territory shall have their possessions and titles confirmed to them and be protected in the enforcement of their rights and liberties. That a quantity not exceeding one hundred and fifty thou- sand acres of land promised by Virginia should be granted to General George Rogers Clark and to the officers and soldiers of his regiment, who marched with him when the post of Kaskaskies and St. Vincent were re- duced, and to the officers and soldiers that have been since incorporated into the said regiment.
It was also provided that if the lands reserved by law on the East side of the Ohio River for the Virginia troops upon continental establishment prove insufficient for their legal bounties the deficiency should be made up to the said troops in good lands between the rivers Sciota and Little Mi- ami on the North West side of the River Ohio.
The great States of Ohio, Indiana. Illinois, Iowa, Wisconsin, Michigan and part of Minnesota have since been carved out of the territory above described.
164
HISTORY OF HARRISON COUNTY
The Mason and Dixon Line.
A dispute having arisen as to the correct division line between the heirs of William Penn the proprietor of Pennsylvania, and those of Lord Baltimore, the proprietor of Maryland, two eminent surveyors from Lon- don, Charles Mason and Jeremiah Dixon were sent out to establish the line between the two colonies in the summer of 1763.
After various calculations and astronomical observations they deter- mined the starting point on the Delaware river, and thence with a circular line to the point where the States of Pennsylvania, Delaware and Mary- land now join and from thence ran the division line westward.
The work was slowly continued from year to year until in 1767 the surveyors reached a point near Mount Morris, now in Greene County, Pennsylvania, where they were ordered to stop by the Indians, and work was not resumed again in the field for seventeen years.
The intention of the commissioners was, after passing the Western limit of Maryland, to find the western boundary of Pennsylvania, five de- grees of longitude from the Delaware River.
As long as the territory of the western country was a wilderness no attention was given to the boundary line between Pennsylvania and Vir- ginia, but when settlers began to locate in the country a bitter contro- versy arose as to what authority would exercise jurisdiction over the country.
Augusta County, Virginia, claimed that South West Pennsylvania, including the site of Fort Pitt was in her boundary, which claim was de- nied by the latter colony.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.