USA > West Virginia > Harrison County > History of Harrison County, West Virginia : from the early days of Northwestern Virginia to the present > Part 23
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
The first minute or order book appears to have been written on sheets of large or foolscap paper and afterwards bound in book form.
195
HISTORY OF HARRISON COUNTY
Some of the sheets have water marks in them, evidently of English manufacture, as the crown can be distinguished with the initials G. R. beneath it.
In others the figure of Britannia can be seen seated in the car of vic- tory holding a trident with the lion and the unicorn in front surmounted with the motto "Pro Patria."
Be it remembered that at the house of George Jackson on Buckhan- non River the 20th day of July 1784 :-
A Commission of the peace & a commission of Oyer & Terminor for the said County directed to John P. Duvall, Benj. Wilson, Wm. Lowther, James Anderson, Henry Delay, Nichs. Carpenter, Wm. Robinson, John Powers, Thomas Cheney, Jacob Westfall, Salathial Goff & Patrick Hamil- ton was presented & read & thereupon the Oath of Allegiance to the Com- monwealth was administered by Benj. Wilson Gent. to the said John P. Duvall and by him to the above named Justices and also the oath of office as directed by law.
Wm. Lowther Gent. produced a commission (Sheriff) from his ex- cellency the Governor bearing date the 14th. day of June last past, which was openly read and thereupon the sd. Wm. Lowther, gent. having first entered into bond with George Jackson & Benj. Wilson his securities for his due and faithful performance of the said office took the oath of Alle- giance to the Common Wealth & the Oath of office as directed by law.
Benjamin Wilson was chosen Clerk of the Court for said County, he having taken the oath of Allegiance to the Common Wealth & the Oath of office as directed by law.
Ordered that the above proceedings be recorded.
Ordered that William Haymond be recommended as a proper person to fill the office of Principal Surveyor for said County, and certified.
Ordered that James Anderson and Nicholas Carpenter Gents. be re- commended as proper persons to his Excellency the Governor to fill the office of Coronor.
Ordered that John P. Duvall is recommended to his Excellency the Governor as a proper person to be County Lieutenant of this County and Benj. Wilson, Colo .; Henry Delay, Lieut. Colo., and William Robinson Major.
Ordered that the Sheriff summons 24 freeholders for a Grand Jury of Inquest for the body of this County to appear at next November Court.
Ordered that a former order of Monongalia County Court in these words :
"Ordered that the road from Richards Fort extended by Edmund Wests mill to John Hackers, the nearest and best way, Nicholas Carpen- ter, Isaac Richards and David Sleeth be appointed to view and lay out said road and make report to the next Court to be held for this County is hereby revived.
Ordered that a way for a road from Clarksburg to the Monongalia River at Wickwires ford and John Goodwin, Robert Plumber, John Owens and Moses Hustage or any three of them being first sworn do view the same and report the conveniency and inconveniences of the same and make report to the next Court.
196
HISTORY OF HARRISON COUNTY
Ordered that Christopher Carpenter be appointed Surveyor of the highway agreeable to a former appointment of Monongalia Ct. Court from the river above Richards Fort to Elk River in Clarksburg and the tithables between Booth's Creek and Little Buffalo and Limestone and Elk River is required to aid the Surveyor in keeping the road in lawful repair.
Ordered that Benj. Coplin be appointed Surveyor of the highway in room of Benj. Shinn from Elk River in Clarksburg to Ezekial Thomas and the tithables below Elk River to Simpsons Creek and up the South side of Davisson's Run are to aid the Surveyor in keeping said road in lawful repair.
Ordered, that John Powers be appointed surveyor of the highway in room of William Robinson from Ezekial Thomas to Pettyjohns ford and the tithables from the north side of Davisson's Run and Simpson's Creek to the County line are required to aid the Surveyor in keeping the same in lawful repair.
Ordered that Clarksburg be the place for erecting the public build- ings on for this County and that one quarter of an acre of land formerly belonging to Daniel Davisson be appropriated for the purpose of erecting the publick buildings upon, together with one quarter of an acre formerly belonging to Joseph Hasting adjoining thereto be applied to the aforesaid purpose said Davisson's gift is number eight, and the gift in land made by Hastings is number seven, which said Gentleman viz. Daniel Davisson and Joseph Hastings in Court hath agreed to make a deed in fee simple to the present Court, and there their successors so long as the Court House and other publick buildings shall continue thereon.
Ordered that George Jackson, John McCally, John Sleeth, John Wil- son, Cornelius Westfall, John Goodwin, Edward Jackson, Benjamin Rob- inson, John Prunty and Robert Maxwell are proper persons to be recom- mended to his Excellency the Governor to fill the office of the peace for said County.
Ordered that Salathial Goff, James Anderson, Henry Delay, Jacob Westfall, Patrick Hamilton, Thomas Cheny, William Robinson and John Sleeth is appointed to celebrate the rights of matrimony, they first com- plying with the law.
Ordered that Daniel Davisson do make the road he has turned round his fence equally as good as the other part of the road is made and to be revived at the judgment of the Overseer.
Ordered that a bill of sale given by John Sailor to Charles Harris is admitted to record.
Ordered that Charles Harris be appointed Constable and appear at next Court to swear into the office.
Ordered that Obidiah Davisson be appointed Constable and appear at next Court to swear into the office.
Ordered that John Runyon be appointed Constable and appear at next Court to swear into office.
Ordered that Michael Johnson be appointed Constable and do appear at next Court to swear into office.
197
HISTORY OF HARRISON COUNTY
Ordered that Jacob Riffle be appointed Constable and appear at next Court to swear into office.
Ordered that John Currence be appointed constable and do appear at next Court to swear in office.
Ordered that Mathias Whiteman be appointed Constable and do ap- pear at next Court to swear into office.
Ordered that George Jackson hath a good and just right to build a mill on his premises in or adjoining Clarksburg on the Elk River so that said Jackson doth not affect no other persons land.
Ordered that the Clerk do issue a summons in behalf of John Hacker against Elijah Stout to show cause why he detained said Hacker out of his landed rights.
Ordered that the Court do meet at the house of Hezekiah Davisson's at Clarksburgh the next Court day in Course.
Ordered that the Court do adjourn to the next Court day in Course. JOHN P. DUVALL.
Test. BENJ. WILSON, Clk.
It will be seen by the above record that a great deal of important business was accomplished at this first session of the Court in organizing the County and setting the wheels of government in motion, and there is no question that its members were composed of earnest able men thoroughly competent to perform the duty for which they were assembled.
Col. William Lowther was qualified as sheriff, although the order omits to state what office he was appointed to, the Clerk of the Court was appointed, surveyor militia officers, coroner and Justices of the Peace recommended to the Governor for appointment, constables, viewers and overseers of roads appointed, a grand jury summoned for November Court, a mill seat established, the County seat located at Clarksburg, lots donated upon which to erect the public buildings, one civil suit brought, and then adjourned to meet at Clarksburg the following month of August.
The business completed they no doubt mounted their horses and struck out by various paths and trails through the woods, as there were no roads, to their cabins and unprotected families, as this time of year was the season the Indian war parties raided the settlements.
At this day a photograph of these sturdy men would be an interesting sight, clad in the rude dress of the frontier, consisting of hunting shirt, leggings and moccasins, with their rifles close to hand, being engaged in establishing a government for the people in the wilderness.
They were in hourly danger of being attacked by a savage enemy, and having their new government blotted out of existence, and toppled over by the strong arm of a barbarous foe, but at a great disadvantage and danger to themselves they had met to perform a duty to their country ; had discharged that duty well and intelligently and all honor is due them for it.
The house in which this first Court was held stood near the present town of Buckhannon in the neck of the loop of the river, about one mile East of the Upshur County Court House, and is said to have been built by John the father of George Jackson. It has long since been torn down and no part of it is now standing.
198
HISTORY OF HARRISON COUNTY
The next meeting of the Court was held in Clarksburg the following August, presumably at the house of Hezekiah Davisson, and was the first court of any kind ever held in that town.
The precise location of this house is not known, but it was on what is now main street, somewhere between Second Street and Elk Creek.
Lots numbered seven and eight referred to as being donated by Davisson and Hastings for public building purposes, according to an old map were situated on the South East corner of Main and Second Streets, where the Presbyterian Church now stands. Some changes were after- wards made in this location, the corner lot No. 8 was taken for the jail and Lot No. 15 situated on the North East Corner of Second and Main Streets taken for the Court House.
The full proceedings of this Court were as follows:
At a Court held for Harrison on the third Tuesday in August, 1784 and in the IX year of the Commonwealth. Present John Percy Duvall, James Anderson, Nicholas Carpenter, William Robinson, John Powers, Thos. Cheney, Gent. Justices.
Anthony Thirton Pt. ) VS. Trespass.
Thos. Wilmoth
Deft. J
The party not appearing the suit is further continued.
Barbarah Shaver
Plt. 7
VS.
Slander.
Sarah Currence Deft. J
Joseph Friend enters special bail for the defendant and the suit is further continued.
Elizabeth Shaver Plt.
VS.
FA. B.
Jonathan Smith
Deft. J
Joseph Friend enters special for the defendant and the suit is further continued.
James Lacky
Plt. -
VS.
Tress.
William Smith
Deft. J
Jonathan Smith enters special bail for the defendant and the suit is further continued.
John Wolf
VS.
Plt. ) } Petition.
Alexr. Maxwell
Deft. J
James Anderson, Joseph Davisson & John McCalley evidence sworn in the above suit now on trial.
199
HISTORY OF HARRISON COUNTY
Judgment is granted for the Plt. and his costs of suit in his behalf expended Debt. £3. 0s. 0d.
Sarah Currence Plt.
VS.
} Slander.
Barbarah Shaver
Deft. J
Jacob Shaver enters special bail for the defendant and the suit is further continued.
Jonathan Smith Plt.
VS.
}A. B.
Elizabeth Shaver
Deft. J
Jacob Shaver enters special bail for the defendant and the suit is further continued.
Jonathan Smith Plt.
VS.
1
Barbarah Shaver
Deft. J
Jacob Shaver enters special bail for the Deft. and the suit is further continued.
Jonathan Cobun Plt.
VS.
Petition.
Jessee Hughes
Deft L
The above suit agreed.
Mary Shaver
Plt.
VS.
Slander.
Sarah Currence
Deft. J
Joseph Friend enters special bail for the deft. and the suit is further continued.
Alexander West Plt. 7 vs. } Slander.
Matthew Nutter
Deft. J
Amaziah Davisson enters special bail for the deft. and the suit is further continued.
Jonathan Smith Plt. -
vS.
₹ Atth.
James Taff
Deft. J
Ordered, that a summons issue to site John Westfall to appear at the next Court as garnishee in the suit of Jonathan Smith.
200
HISTORY OF HARRISON COUNTY
It is proven to the satisfaction of the Court that Thomas Berkley lost a certificate that was liquidated by the Court of Claim's in Monongalia County.
That Frederick Westfall an orphan child be bound to George Jackson. Ordered that John Menear be exempt from the payment of publick County & Parish Levys.
Salathial Goff, James Anderson, Henry Delay, Jacob Westfall, Patrick Hamilton, Thos. Cheney, & William Robinson, Gent. Laymen-Appeared in Court and took the oath of Allegiance to this State, and the Clerk is required to grant a license to the Gents. above named to celebrate the rights of Marriage agreeable to an act entitled-an act to authorize and confirm Marriages in certain cases.
Ordered that the Sheriff summons a Jury of 12 men to appear on the land of John Hacker and Elizabeth Stout, to inquire into and settle the bounds of land between them and report their proceedings thereon to the next Court.
Ordered, that Samuel Freeman be appointed Constable and is required to swear into office.
Ordered that the Court do adjourn until tomorrow at eight o'clock. JOHN P. DUVALL.
Test, BENJ. WILSON, Clerk.
August 18, 1784.
Assessors were appointed to take a list of all white persons and buildings distinguishing dwelling houses from other houses, together with a list of the tithables subject to the payment of County or parish levies.
September 21, 1784.
John Percy Duval produced a commission of County Lieutenant from his excellency the Governor, and took the oath of office as directed by law, also Benj. Wilson as Colonel, Henry Delay as Lieut. Colonel, and William Robinson Major, and severally took the oath of office.
The viewers reported that a good road could be made with ordinary labor from Richards Fort by West's Mill to John Hackers and will be of advantage to the inhabitants.
NOTE .- Richard's Fort stood on the old Eli Marsh farm six miles from Clarksburg on the road to Milford, and on Sycamore Creek just above its mouth. John Hacker lived near Jane Lew.
William Haymond produced a commission as Surveyor of Harrison County and was sworn into office.
September 22, 1784.
Ordered that a log jail be built for the use of this County at the town of Clarksburg, and that the sale thereof will be at next November Court to the lowest bidder, also a pillory and one pair of stocks.
Ordered that acknowledgment of Eva Truleys to Peter Breeding for injustice done by her to him for his character, and on the same being proven the sd. acknowledgment is ordered to be recorded. November 16, 1784.
Davis Bradford attorney at law appeared in Court and on his
201
HISTORY OF HARRISON COUNTY
motion he is admitted to practice in the Court of Harrison County and took the oath of office as directed by law.
At a Court held for Harrison County on the third Tuesday in Novem- ber 1784 & IX year of the Commonwealth, present James Anderson, William Robinson, John Powers, John Goodwin, John McCally and John Sleeth, Gent. Justices.
On being summon'd the following Gents. appear'd of the Grand Jury of inquest to wit :
Benj. Jones, Foreman
John Wood
Henry Runyon
Ebenezer Petty
Thomas Barkley
William Davis
Robert Plumber
Amaziah Davisson
Joseph Davisson
Andrew Davisson
Daniel Cain
Jonathan Stout
Benj. Coplin
Daniel Wamsley
Joseph Hastings
Daniel Stout
John Ratliff
Aaron Smith
The Grand Jury sworn and charge given. The Grand Jury made their presentments and they were received and the Jury is discharged.
Indictments and presentments not given in record.
The above is the record of the first Grand Jury held in Harrison County.
November 18, 1784.
The rates of liquors and victuals, horse forage &c. as rated for ordi- nary keepers for the year 1784.
£. S. D.
Wine
. pint
0-1-6
Jamaica spirits
.per half pint 0-1-0
Peach & Apple Brandy
Do. 0-1-0
Warm Breakfast
.0-0-9
Cold Breakfast
.0-0-8
Dinner
0-1-0
Supper warm
0-0-9
Supper cold
0-0-8
Bed per night of clean sheets
0-0-4
If not clean nothing.
Horse at hay for night.
.0-0-712
Corn and oats by the gal'n.
0-0-71/2
Pasturage 24 hours.
0-0-4
January 19, 1785.
On motion of Richard Hocklin, servant of John P. Duval complaining agent, his master, in regard of wearing an iron collar its the opinion of the Court sd. collar be taken off by his master.
202
HISTORY OF HARRISON COUNTY
November 18, 1784. Sarah Currence VS.
Plft. - Trespass.
Barbary Shaver
Deft. J
Plea not guilty.
The suit now in issue and there came a jury, to wit:
Ebenezer Petty, Foreman
Charles Harris
Adam O'Brien
Hezekiah Davisson
Francis States
Edmon Night Alexander West Lewis Duval
William Haymond
Thomas McCann
William Tanner John Cutright
Verdict for the Plaintiff, six pence damages.
The above is the record of the first Jury trial in Harrison County.
December Term, 1784.
Ordered that a bridle road be opened from Clarksburg to Wickwire's ford, and that John Davisson be the surveyor thereof from Clarksburg to the widow Davisson's grave yard: James Anderson from there to Robert Plumber's and John Goodwin from there to the ford.
The tithables on the East of Elk Creek, on Simpson's Creek and on Booth's Creek were to be under the direction of the above named overseers.
NOTE :- This ford was on the Valley river below Fetterman. A bridle road was simply a path through the woods, the trees being barked to show the way, logs rolled to one side and the small trees cut out wide enough for a horse to pass through.
March 18, 1785.
The Court proceeded to lay the County levy.
£ S. D.
To William Lowther Gent. High Sheriff of this County for
public services till November Court 1784, past .... 2-10- 0 To Benj. Wilson Clk. of this County for public services till November 1784, past 2-10-0
To Elizabeth Countryman. 7-10-0 To Daniel Davisson for stocks to be built against April Court 5-19-11
18- 9-11
Cr.
By 2 6 levied of 337 tithables 41-17-6
By 2 -
fine on John Nutter.
1- 0-0
By 15 - fine on Peter Kinsels & Daniel Sleeth. 0-15- 0
By 5 -
fine on Dougherty and Daniel Davisson
.0-5-0
5 0 on Leo Martin and Hezekiah Davisson .0-5-0 By
By 15 - on Alex Sleeth .. 0-15-0 By 5 - on Bulger & John Heagle. 0-5-0
45-2-6
The names following those of the parties fined in the above Sheriff's
203
HISTORY OF HARRISON COUNTY
statement are the sureties of the parties named for the payment of the fine.
March 18, 1785.
Or'd That the Sheriff collect of every tithable in this County 2s. 6d. being the County levy for the year 1784, and pay the same as directed by the proportions.
NOTE :- It appears so far as the order book shows that in the first years of the County there was no tax levied on property, but only a poll tax on each tithable or male over twenty-one years of age. Building roads was no expense to the County as the inhabitants of certain dis- tricts were required to work on the roads without charge.
The amount of two shillings and six pence to be paid by each one as given above in the money of the present day amounts to 411/3 cents.
The contract to make one pair of stocks, whipping post and pillory was let to Daniel Davisson at the price of £5. 19s. 11d.
John Prunty undertook to build the jail agreeable to the plans pre- scribed for £19. 15s. 0d.
The levy for the year 1785, the second year of the County was laid in November of that year and the sum of £129. 12s. 0d. was directed to be collected off of 432 tithables by the High Sheriff.
The amount allowed for old wolf scalps was 12 shillings and six pence, and for a young one 6 shilings and 3 pence.
David Bradford was allowed for extra services as Common-wealth attorney £17. 10s. 0d.
The finances of the County were reckoned by pounds, shillings and pence. The Virginia pound in dollars and cents was $3.331/3. A shilling 162/3 cents and a penny 1 7-18 cents.
March 18, 1785.
James McDead appeared in Court and proved to the satisfaction of the same that he enlisted as a substitute in the regular service in room of Uriah Gardee, and entered the service in the year 1780 and continued in service twenty-one months, and was discharged by Major Sneed of the Light Infantry, and has lost said discharge and ordered to be certified.
April Term, 1785.
William Robinson, Benj. Robinson, Enoch James and Daniel Davisson appointed viewers to mark a road from Skillings ford on the West Fork River by Levi Shinn's Mill site, to Clarksburg keeping as close to the river as the situation will admit.
William Runyon, overseer of the highway directed to keep in repair the road from the Bear Wallow on the top of the ridge to the Highland Ford.
April Term, 1785.
Daniel Davisson appointed surveyor of road from Elk Creek in Clarksburg to the Bear Wallow on the top of the ridge on the South side of Goose Creek.
204
HISTORY OF HARRISON COUNTY
April 20, 1785.
Major William Lowther proved to the satisfaction of the Court that he was in the volunteer service under the command of General George Rogers Clark in the year 1781, and obtained from the General a Major's commission, and acted in that capacity from June 21 until August 11, and that he was seven days from the date of discharge to his arrival home. Ordered to be certified.
Adam Morgan proved to the Court that he served nine months as a spy.
NOTE :- The indictments at this period were generally for drunkeness, disorderly conduct, card playing, assault and battery, breach of the Sab- bath day, keeping tippling houses and allowing gambling in private houses.
May 18, 1785.
Ordered that the principal surveyor of this County do appoint one of his Deputies to act in conjunction with the Surveyor of Greenbrier County to run the dividing line between the Counties, and the Court is of the opinion that two markers, three chain carriers, four pack horses, two drivers and one hunter will be sufficient; and for the provisions and pack horses wages &c the County Court will settle for on the oath of the Deputy ; also the Deputy is to purchase and hire in the best terms and to account on oath.
NOTE :- Thomas Douglass was the Deputy selected to run this line. It is not known whether he was joined by a party from Greenbrier or not, but the order books show that frequent efforts were made to induce Greenbrier County to bear her share of the costs of establishing the line between the Counties, and on two or three occasions commissioners were sent to that County in order to secure a settlement. It was finally settled by Greenbrier paying £123. 14s. 2d., and Harrison paying £66. 0s. 10d.
This line began 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 running thence North 55 degrees West to the Ohio River, being the Southern boundary of Harrison County.
The reports and map of Surveyor Douglass cannot be found. His statement of expense, which was presented to the Court at the May term 1786 states that the distance was 10834 miles and the time engaged in the work was from September 15, 1785, to May 15, 1786 and that the total expense was £189. 15s. 0d., or $632.50, and that the following provisions were used :
25/8 pecks of salt.
123 pounds of flour.
6 bushels of wheat.
$4 bushels of Indian corn.
6 pounds of bacon.
Number of days for horses employed. 279
Number of days for packers, chain bearers &c. 632
211
Number of days for hunters ..
Daniel McCann and William Murphy were the chain bearers.
This line reached the Ohio River near the present boundary line be- tween Jackson and Wood Counties.
205
HISTORY OF HARRISON COUNTY
NOTE :- It appears from the following entries that soldiers in active service were occasionally quartered on the inhabitants.
May 18, 1785.
Commonwealth, Dr.
Henry Snider-Billetting two soldiers 26 days, ass'd 3s. 41/2d per day. Edward Cunningham-Billetting three soldiers 76 days each.
One-Do 5 days.
One-Do 26 days.
And two men 3 days.
Ass'd to 3s-41%d. each soldier each day.
Also 4 days horse hire ass'd 2 each day.
NOTE :- It seems that the allowance for each soldier per day was three shillings four and a half pence, which amounts in the money of the present day to fifty cents.
The horse hire amounted to 331/3 cents each day.
August 16, 1785.
John Wade Loughberry qualified in open Court to administer rites of matrimony.
August 17, 1785.
James Anderson qualified as Sheriff gave bond for 1000. S. Stratton has permission to erect a grist mill on Hacker's Creek.
November 15, 1785.
The Jail reported finished by a Committee composed of Nicholas Carpen- ter and John Powers according to contract by John Prunty.
NOTE :- This probably refers to the temporary log jail.
February 21, 1786.
Ordered that a bridle road be opened from Conolly's lick, agreeable to a former order of Augusta County Court from said lick to the top of ye Allegheny Mountains and the petitioners are to aid and assist John War- wick, who is appointed overseer thereof to open said way.
NOTE :- This is the order referred to in the chapter on organization of Counties.
Connolly's lick referred to in the above was near Bulltown in what is now Braxton County.
It is said that Conolly's cows frequently going to this lick led to the discovery of salt water, and salt works were afterwards established there by John Haymond.
November 17, 1785.
The Court proceeded to lay the County levy. £ S. D
To Wm. Lowther, late High Sheriff of this County for
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.