AUGUSTA COUNTY, VIRGINIA - CHALKLEY'S CHRONICLES OF THE SCOTCH IRISH IN VIRGINIA
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took shipping, almost 300 miles. He also paid for their passage to America
the sum of 16 pistoles, and provisions growing short on shipboard, he was
obliged to expend 30 shillings. Having landed in Maryland and intending
to settle at Tulpahocken in Pennsylvania, he spent £3, 15 for provisions and
carriage to that place. That he left Germany in 1744, and about 2 or 3 years
after he came to this country he advanced to oratrices £25 in Virginia
Currency, and two mares of the price of £14, 10.
That lately, on 31st March, 1762, he and complainants came to a final
settlement and defendant agreed to settle with them £42.
Augustine Price deposes before Felix Gilbert: That is March, 1762, in
company with George Carpenter, John Fetch and others, Carpenter and
Fetch agreed to leave their dispute to Jacob Pershinger, Jacob Nicholas and
Daniel Price, but they could not agree, when they came to an agreement
themselves, the only question remaining whether Virginia or Pennsylvania
Currency.
Daniel Price deposes the same.
Jacob Miller deposes: That being at the house of John Fetch some time
in March, 1749, he heard George Carpenter ask three Gerles, that were heirs
to the estate of _____, if they were satisfied with what they had received.
Jacob Pershinger deposes like Augustine Price.
Barbary Miller deposes, that being in company with Usley Shutling in
1750, Usley said she had received a mare and some clothes, and was well
satisfied.
John vs. Samples.--Know all men, &c., I, Robert Samples, of Augusta,
farmer and holder, &c., unto William English, of Augusta, bricklayer, &c.,
17th December, Annoque Domini, 1763. Conditioned to pay in horses, mares
or cattle, £17, 10. Test: Samuel Hull, Samuel Sample. Endorsed, 17th
May, 1766, to Andrew Johnston. (Signed) William (mark) English.
AUGUST, 1766 (A).
Briggs vs. Joseph English.--I do promise to pay, &c., to Mr. Joseph
Langdon, &c., 14th March, Ano. Dom., 1765. (Signed) Joseph English. Test:
Archibald Huston, William Hoak. Assigned in Frederick County, 9th October,
1765, to David Briggs by Joseph Langdon.
Cock vs. Ingles.--I, William English, &c., promise to pay to William Cock
____, 16th May, 1764. (Signed) W. Ingles.
NOVEMBER, 1766 (A).
Moore vs. Fleming.--William Fleming, late of Pennsylvania, debtor. To
sundries, diets and lodgings, £1, 4, 4; to sundries, clubs for drinking, £0,
14, 4; to freight for saddles from Wilmington, £0, 6, 0; to passage for
yourself and rum, seven days, £0, 12, 0; to one mare lent, which you killed
by riding, £14, 0, O; to cash lent, £0, 6, 8.
North Carolina, Bladen County.--This day came Alexander Moore before
us, Justices for County of Cumberland, and made oath (to above account),
1st May, 1765. (Signed) Thomas Burnside, Robert Mackel.
N. B.--Sd. Fleming is son to Samuel Fleming, of New London, and assisted
in building a house for William Magomerey in Salisbury.
496
OCTOBER, 1765 (D).
1757. Sergeant John Nash to estate of Robert Finley, deceased, debtor.--
September 19, 1758, linen, buttons, thread, linen handkerchiefs, ribbon;
April 22, neck cloth, penknife, garters.
OCTOBER, 1765 (C).
McClenachan vs. Crawford.--James Crawford, debtor, to James Simpson.
To the balance of accounts (except my wages) on settlement, £0, 15, 0.
To my wages as your storekeeper for a year in 1760 and 1761, £24.
(Signed) E. E., per Robert McClenachan.
MAY, 1765 (C).
Looney vs. Looney.--Chancery, Col. John Smith deposes that in 1753 or
1754 Robert Looney sent for his son, Absalom, to come from Blue Stone to
James River with his family. That before he came in Robert Looney proposed
to his son Daniel that he would give him (Daniel) the land over the
Creek for his land in the Draft to settle his son Absalom on, to which Daniel
agreed, and when Absalom came in he settled on the land and Daniel Looney
took possession of the land over the Creek. That some time afterwards
Daniel Looney made the said Absalom a title to the same. That Daniel never
got any title from his father that the deponent knows of, though he often
afterwards heard the said Robert Looney acknowledge the bargain, and that
when the said Robert Looney made over his other lands to his sons, he
excepted and reserved the land over the Creek for his son Daniel.
Col. John Buchanan deposes: Of the original agreement he knows nothing,
but that in 1755 Daniel Looney was in possession of the land over the
creek, and that Robert often told deponent he had given his son Daniel the
land over the creek in lieu of the land in the draft whereon Absalom Looney
then lived, and that Daniel Looney repeatedly told deponent the same thing.
That when Daniel was on his death bed he sent for deponent, and, among
other things, it was mentioned that the land whereon he then lived was his,
and the said Daniel then desired that after his death it might descend to his
daughter, which his father, Robert Looney, said nothing against, though he
was present.
COUNTY COURT.
PAPER FOUND BETWEEN LEAVES OF ORDER BOOK XI, PAGE 90.
To the Worshipful Court of Augusta County the Petition of the Inhabitants
of Reedy Creek Humbly Sheweth:--
That whereas we, your petitioners, for some time past have been debarred
settling and improving and cultivating our patent lands on the Western
Waters, the reason whereof is best known to our legislators, but by virtue
of the late treaty held to the northward, we hope we may, without offense,
petition your worships to give orders that there may be alterations and
amendments made on the old road leading from Capt. Ingle's Ferry to
497
James Davis's, on the head of the Holston River, and appoint such surveyors
as you in your wisdom shall think fit, and your petitioners, as in duty bound,
will pray. (Signed) Joseph Black, James Holice, John Montgomery, Robt.
Montgomery, James Montgomery, George Breckenridge, Alexander Breckenridge,
Robert Breckenridge, Robert Campbell, Robert Doack, William
Doack, William Sayers, Arthur Campbell, William Davis, James Hays,
Samuel Hopes, William Leftwich, Gasper Gender, George Gender, Jacob
Kinder, William Phips, John Houncal, Barnet Small, John Smith, John
Bets, Robert Buchanan, Robert Davis, Samuel McAdam, James Davis,
Nicholas Buchanan, Alex. Buchanan.
MAY, 1762 (B).
Crow vs. Hoops.--Carlisle, ye 19th January, 1761. Received from Mr.
Adam Hoops the sum of four hundred and seventy-two pounds, eighteen
shillings and four pence, Pennsylvania currency, in full for 82 head of beef
cattle, purchased by Mr. Arthur Hamilton and John Metcalf for the use of
his Majesty's troops under the command of the honorable Brigadier General
Monckton. (Signed) William Crow.
This certifies that James Arbuckle and two sons have served as soldiers
in my Company of Militia four months and sixteen days, exclusive of what
time they have received pay for. (Signed) Alex. Sayers. 21st April, 1759.
MAY, 1762 (A).
Finley vs. Christian.--Debtor, Mr. Israel Christian, in account with Robert
Finley. 1757, September, to your assumption for sundry orders drawn on
you by the Militia at Fort Dinwiddie amounting to £19, 14, 5-1/2; to your
assumption for Thomas Herbert, £1, 10, 0; to same, for Capt. Walker,
£0, 13, 6; to the pay of B_____ Scott and McFeeters as soldiers in the
Militia assigned to me and received by you, 19 days each; to my pay as a
soldier under Col. Stewart, received by you, 7 days; to balance in my favor
on the return of goods, cash and book debts, £0, 15, 8-1/2; to cash paid for
cattle bought for your use, £33, 8, 3; to cash paid expenses in driving them.
£0, 18, 3; to cash paid Michael Kelly wages, for driving said cattle 20
days, £1, 15, 0; to the hire of my horse while purchasing provisions on
your account, 101 days; to my wages for one year in your service, per
agreement, £25, 0, 0; to my commission on the sale of your goods, amounting
to £8, 1, 3, at 2/ per lb., £0, 16, 1. (Signed) Robert Finley. Dated
18th December, 1760.
AUGUST, 1762 (B)
Sproul vs. Bratton.--Sundry accounts which Dunlop assumed to Sproul
to be used in the suit of Sproul against Ro. Bratton's Administrator, viz:
Capt. James Dunlap, debtor, for the undernamed persons, viz: Thomas
Vance, Halbert McClure, James McElhaney, John Low, Edward Howard,
James Milliken, Thomas Smith, William Elliott, Alex. Sutherland, James
Hamilton, John Gay and Capt. Dunlap.
498
COUNTY COURT JUDGMENTS.
JUNE, 1763 (B).
Wright vs. Carpenter.--James Graham deposes, 7th April, 1763, before
John Dickinson: That at ye time of Mr. Joseph Carpenter, Sr., giving a
warrant to Peter Wright which he brought from John Dickinson to apprehend
John Humphreys and Joseph Garrit, two deserters, he saw said Carpenter
give ye warrant to said Wright, and he, the said Wright, looked on it
for some time and then gave it to Thomas Fitzpatrick to read, and he read
a part of said warrant over out in public, when said Wright took it out of
the other's hands and put it up; the deponent further sayeth that he verily
believed, and still thinks, said Wright did not do it, or divulge it in order,
or with any intention of giving notice to said deserters; the deponent sayeth
this, &c., &c., &c.
FEBRUARY, 1763 (A?).
Low vs. Bratton.--This is to certify that John Low entered himself on my
duty roll the 1st day of March, and he has served on duty under my command
two hundred and thirty-one days, and is now discharged, this 2d day
of November, 1757, and he allows me for pay what debt he contracted at
my Fort when I receive his pay. Given under my hand this 2d of November,
1757. Paid to the 8th of June by public proportion. (Signed) James
(Samuel) Dunlap.
Mr. Sproule: Be pleased to let William Elet have as much linen cloth as
will make him a shurte, and in so doing you will oblige your friend and
humble servant. (Signed) James Dunlap. April 5, 1757. To Mr. William
Sproule.
FEBRUARY, 1763 (A).
Hugart vs. Bratton.--January 25th, 1758. Capt. Dunlap. Sir:--Please
to pay unto Thomas Hugart my pay when it comes into your hands, both my
old time and new, and also three pound, twelve, that you were to stop in your
own hand, and take his receipt, which I shall acknowledge, as, sir, you are
not to fail to pay him, for I had money of him to the full value of my time.
Sir, your compliance will very much oblige your friend and very humble
servant. (Signed) Josias Wilson.
May, 29th day, 1747.--This day I received of Samuel McClure, in full
for two hundred and eighty akers of land for part as quit rents for six years
and survey, I say, received by me. (Signed) Benj. Borden. Nathaniel
McClones.
MARCH, 1764 (B).
Gilbert vs. Bright.--Peter Hog's bond, 30th January, 1764, upon attachment
by Felix Gilbert, versus Samuel Bright, who, Peter Hog says, is run off.
To Capt. Daniel Smith--Stantown, September 25th, 1760. Sir:--This
day we begin to gather our cattle, and it is our desire to have all yours upon
499
the Fork as soon as possible, for I intend to start from there next week with
all your company's stock, which I expect will amount to sixty or seventy.
In order to drive to Pittsborg as for the rest that we have bought between
the mountains, I think Mr. Lewis will be obliged to go to Pennsylvania with
them, for there is no market at Winchester. I hope you will not disappoint
me in driving your cattle to the Fork as soon as possible, for the year is
far spent. This, sir, is from your humble servant. (Signed) William Crow.
SEPTEMBER, 1763 (B).
McClenachan vs. Calmer.--I promise to pay, &c., unto John McClenachan,
&c., £9, 16, 7, Virginia currency, &c. 29th December, 1761. (Signed) D.
Calmer. Test: Alex. Love. This day came the plaintiff, by his attorney
and the defendant being called and not appearing, Alex. Boyd, gent., a
garnishee in this cause, appeared and on oath declared that at the time of
serving this attachment in his hands there was due from the Country to the
defendant, as Chaplain of the Virginia Regiment, two months' pay, amounting
to £20, but that on settling his accounts with the Commissioners appointed
for that purpose he was ordered not to pay it, whereupon the plaintiff
produced the defendant's note of hand for £9, 16, 7. Judgment is therefore
granted the plaintiff versus the said defendant for the same and costs. And
it is ordered that the aforesaid sum of £20 in the hands of the garnishee,
Boyd, be condemned, and it is further ordered that the Sheriff sell (one
sword and see particulars) in the hands of Robt. McClenachan, a garnishee
formerly sworn in this cause, who also made oath that the defendant was
indebted to him £8, 10, 0, and that after paying the said Robt. McClenachan
his debt aforesaid he pay the remainder, if any, to the plaintiff in part
satisfaction of his judgment and costs, and that he have executed versus the
garnishee, Alex. Boyd, for the residue.
FEBRUARY, 1763 (A).
Israel Christian vs. George Wilson.--Israel complains that George said
of him, "You are a liar and you have this day been made a public liar, etc.
I will prove you one." And whereas the said plaintiff was a Burgess of the
said County in the General Assembly of this colony, begun and held at the
Capitol in Williamsburg on the 14th day of September, in the 32d year of
his late Majesty's reign. and during the several sessions thereof justly and
faithfully, sincerely and uprightly, served as such Burgess to the time of the
dissolution of the said Assembly, and during all that time performed the duty
of his trust and office as a representative for the County aforesaid, by means
whereof the said plaintiff afterwards, to wit, on the ___ day of May, 1761.
at the County aforesaid, at a General Election of Burgesses for the County.
and in pursuance of a writ under the seal of the Colony directed to the
sheriff of the said County for the electing of two Burgesses to serve as
representatives of the same County in the then approaching Assembly, to be held
at the Capitol in Williamsburg, on the ___ day of ___. in the first year of his
present Majesty's reign, was elected by a great majority of the freeholders
of the said County as Burgess for the same County in the said Assembly.
Defendant, on the ___ day of October, 1761, at a general muster, having a
500
discourse of and to the plaintiff as a Burgess and of an concerning and
writing, or paper (which a certain William Preston had ordered to be read
in the public Muster Field in vindication of his draughting the militia to
serve on the frontiers as Colonel of the said County, to confute a report
that prevailed to his disadvantage and which he alleged had been raised by
the said plaintiff), in the presence and hearing, said, "You are a public
liar and you impose upon the public; you endeavor to raise and support
yourself at the expense of others and the prejudice of the public."
This day Andrew Greagh came before us and upon oath sayeth that on ye
18th night of this instant that he was present at Francis Tyler's ordinary
and saw the within-mentioned John Boyers playing at a game called Seven and
Eleven for money. (Signed) Andrew Greer. Archibald Alexander, Is.
Christian, Justices.
This day came before us Saml. McDowel and upon oath sayeth that on the
18th night of this instant that he was present at Francis Tyler's ordinary,
where he saw the within-mentioned John Boyers playing at Seven and Eleven
for money. (Signed) Samuel McDowel. Archibald Alexander, Is. Christian.
Augusta County, to wit: Whereas John Boyers, gent, on the night of the
18th instant, was, upon our own view, found gaming at an unlawful game,
called Haszard, or Seven and Eleven, in the house of Francis Tyler, ordinary
keeper in the Town of Staunton, contrary to the Act of Assembly in that
case made and provided, these are therefore in his Majesty's name to summon
the said John Boyers to appear to answer the said complaint. (Signed)
Is. Christian, Archibald Alexander. 19th August, 1762. To the sheriff of
the County, or any constable of the County.
To Mr. William Bowyer, Merchant in Staunton: Richmond, 16th February,
1775. Dear Sir:--I have sent you sprecks of tobacco (which in truth I was
obliged to steal from Mr. Coutts, for I don't chew now). I hope, however,
you'li find it good, but I will tell him of it, and as its for you I am sure
of no complaint. I shall endeavor to get your white head and samp black
and send it by next opportunity, but at present its out of my power. I have
your favor to Mr. Coutts with 29 casks butter, which shall be shipped on
your account and risk. Annexed you have a note of things delivered the
bearer. We really had not the salt, nor is there a sack in town, or believe me
your wagon should not have gone empty, for I am really much distressed to
see Augusta wagons go home empty. I wonder what their mad associations
will come. I am giddy when I think about the dispute, it is too ardous a
matter almost to think of. I wish they had taken more complacent methods.
I am, sir, your most obedient servant. (Signed) James Watt.
Hamilton vs. Cunningham.--Hampshire County, to wit: John McCollough,
of the said County, being first sworn, deposeth and saith: That he
went to Pittsburg the latter end of July in the year 1760, where (when)
Patrick Cunningham, of the County of Augusta, kept store for Messrs. Thomas
Semen and Philip Bush and that ye current price of rum at that time was
sixteen shillings, Pennsylvania money, per gallon in the wholesale way, but
this deponent saith that all the spring before he arrived the current price
as settled per the General's orders was twenty-four shillings of the same
currency per gallon, and that he, this deponent, disposed of as much rum as
came to upwards of eighty pounds at the rate of 24 shillings per gallon
501
and as much more after July as came to £5.15.0 at the rate of 16 shillings
per gallon. (Signed) John McCullough. 13th November, 1762. Sworn to
before me, Jonathan Heath.
MAY, 1763 (B).
Bowyer vs. Gilbert.--The deposition of Thomas Bowyer, taken before me,
Francis Tyler, one of his Majesty's Justices of the Peace, etc. Deponent
says that at the time he went up to John Bowyer's to keep store for the
defendant (Felix Gilbert) he told him he would be glad he would agree with
the plaintiff (John Bowyer) for his board, upon which the defendant told the
deponent he might agree himself with the plaintiff, upon which the deponent
told the plaintiff Mr. Gilbert would pay him any reasonable charge for the
deponent's board. Some time after Mr. Gilbert came up the deponent told
Mr. Gilbert before the plaintiff to make a bargain about my board, upon
which they had some words about it, the defendant told the plaintiff he might
make his own charge, for he would leave it to himself. (Signed) Francis
Tyler. Sworn to before me this 25th August, 1762.
MARCH, 1764 (B).
Frame vs. Hooks.--Sir:--Margaret Frame complains to me that you have
taken advantage of her son in a bargain of gun swapping. I find there was
a little deceit used, for you refused to stand to your agreement, for if you
had not known you had the best of ye bargain, you would have been willing
to have taken your own again. But I desire you will take your own without
giving the widow any more trouble, or you may depend that I will take care
to do both you and her justice. From, sir, your, (Signed) John Poage.
This 10th February, 1763. To Mr. Robert Hooks.
Elphinstone vs. Blagg.--Captain John Blagg, debtor to Peter Elphinstone.
1761.--To sundries at Reed Creek, Stalnaker, and Long Island; sundry
orders deliverd you which you promised to pay. (Signed) E. E. Peter
Elphinstone. Sworn to in Frederick County, 10th April, 1762, before John
Greenfield.
Donaho vs. Lomax.--1763.--The Stone Meeting House Congregation,
debtor to William Lomax. For making on pulpit, £14.0.0. Contra: By
cash, £6; by cash, £3; by cash, £0.11.0; by cash, £0.9.0.
JUNE, 1763 (B).
Alexander vs. Berrier.--August 22. David Bell to Philip Berrier. To
wagon driving on campaign; to 4 days of a horse; to 6 months' wages; to
cash on ye campaign; to one saddle.
AUGUST, 1764 (A).
Grimes vs. Bullitt.--1762, February 12. I do certify I paid Mr. Grimes
no more than £2.4.0. Whoever had the other part of his butter is to pay
Mr. Grimes for it. (Signed) John Bullitt. (On the back of above is a fragment,
viz: Now lets deliver our silver to consider and raise up an army those
villians to fight. O, we will covret them and all that protect them; we will
teach them such manners as they never knew; we'll send some away back
and others to Quebeck, and all their proceedings we'll make for rue.)
502
COUNTY COURT PAPERS.
Paper endorsed: John Roller's last will. A copy. I, John Roller, of the
County of Shenandoah. Some of children of very tender age. All real
estate to be sold by executors and proceeds divided between all the children,
viz: Jacob, Casper, Catharine Roller, Mary ____, John, Barbara, Rachel,
Paul, Andrew, George, Margaret, Sarah, Michael, David, Peter. All to
share alike, except my son, Paul Roller, whose share is to be $200 less than
any of his brothers or sisters. This deduction I make from his share in
consequence of his disobedience to me and ____ of before he come of age and
taking up with a woman of profligate character. Sons to be put to learn
trades. Executors: Casper Roller and Andrew Zirkle, Jr. Dated, 7th June,
1806. (Signed in German. Test: John Crondson, James Anderson, Jane
Allen, James Allen. Proved in Rockingham County, April Court, 1816, by
Anderson, and at June, 1816, by Crondson. Executors refused to execute.
Widow refused to administer. Administration granted George Roller. Test:
S. McWilliams, clerk. Test: H. J. Gambill, C. K. C. A copy.
Samuel Gray vs. Thomas Rowland, administrator of Robert Rowland.--
Superior Court of Law at Staunton. James Breckenridge deposes, 7th September,
1811, in Botetourt County, before Mathew Harvey, William Anderson:
That shortly after the death of Robert, Thomas informed deponent
that he had lost a considerable quantity of gunpowder, perhaps about five
hundred weight, which he said belonged to Robert's estate, and had in his
lifetime been made and packed perhaps for the plaintiff, to discharge a debt
due to him which was payable in that article; that he apprehended it had been
stolen by negroes in the neighborhood and desired this deponent to collect at
the Court House such as he suspected for the purpose of examining them,
which was done immediately. This happened shortly after the insurrection
among the negroes in the neighborhood of Richmond was discovered. Deponent
had no reason to believe that any quantity of gunpowder was stolen.
Botetourt County records prove that defendant was convicted of slandering
Paxton. John Smelzer was convicted in Sweet Springs District Court of
slandering Joseph Ghent. Joseph Ghent is known to deponent since Joseph's
infancy and is entitled to credit. On defendant's complaint many negroes
were brought to the Court House and regularly examined, but nothing transpired
to excite in deponent's understanding the least suspicion of their guilt.
A copy of the will of Walter Crow. Fee, 70 cents, paid in the office by
W. Roalston. H. J. Gambrill. I, Walter Crow, of Rockingham County.
To wife, Ann. To eight children, viz: Mary Harnsberry, James, John, William,
Benjamin, Jacob Crow, Nancy Gregg, Rachel Harnett. Executors, wife
Ann, and William Crow, third son of testator. "A certain obligation which
John Crow obtained from William Crow at Lewis (Levines) Ferry, on
James River, which John assigned to his father, Walter Crow, amounting to
£20 principle, interest from August, 1784, if John shall pay some to Anne,
etc.," otherwise the amount is to be deducted from John's share. Signed,
sealed, etc., 6th August, 1789. Test: William Dunlap, Hannah (mark)
Roadecap and lie for, etc. (Signed) William Ewen, C. R. C. Proved in
clerk. 28th September, 1789, Rockingham County. Proven by Hannah
Roadecap and lie for, etc. Signed) William Ewen, C. R. C. Proved in
503
Rockingham, 26th October, 1789, by Elizabeth Roadecap. Administration
granted widow, Anne; other executor failed to appear. By the Court.
(Signed) William Ewen, C. R. C. A copy. Test: H. J. Gambill, D. C. R. C.
To the Worshipful Court of Augusta. The humble petition of Elizabeth
Lamb sheweth: that your petitioner, by reason of a piece of writing made
by one, George Taylor, in the County of Augusta, and executed before a
single magistrate, is obliged to serve and be a servant during the term and
time of four years and a half. Therefore, your petitioner humbly prayeth
that your worships will consider the case of your petitioner and give her to
know what she must do, as she is not satisfied to serve by a piece of writing
drawn in the country. Your worships will be able to judge when you see the
writing whether it is an indenture or no. Therefore, in consideration of
what is above written your petitioner hopes your worships will be pleased
to do that which is right and justice shall appertain. And your petitioner
shall pray for you. March 21, 1775.
PETITIONS, OCTOBER COURT, 1778.
To the Worshipful Court of Augusta County:
Gentlemen: As I had on ye fourth of July last convened my company by
order of Col. Sampson Mathews, Christopher Graham, my first lieutenant,
let me know that he intended soon to remove to the County of Hanaraco,
Richmond town. On laying this before the company, they proceeded and by
free and voluntary choice, chose Charles Baskin first lieutenant, James
Gibson second lieutenant, James Graham ensign, to which choice each of them
fell in by seniority. I hope it will also meet with your concurrence by
recommending them for commissions according to the Act of Assembly. I am,
gentlemen, with esteem, your humble servant. (Signed) Zechariah Johnston.
October ye 9th, 1778.
19th March, 1787. Adolph Spindle, Clergyman's bond (with Philip Engleman,
Frederick Hanger) to celebrate matrimony.
Commonwealth vs Miller.--Proceedings. Augusta County. This day
John Poage, Esq., came before me, Sampson Mathews, a Justice of the
Peace for the said County, and made oath that he received a letter signed
Alexander Miller, M. A., which he believes to be the handwriting of Alexander
Miller, formerly a Presbyterian minister. Said letter was dated April
19th, 1777, and as it appears in the said letter that the said Alexander Miller
has maliciously and advisedly, in open defiance of the Act of Gen'l Assembly
of the Commonwealth of Virginia, passed the 7th day of October, 1776, for
punishing certain offenses, he has endeavored by the words and sentences
in the said letter to support, maintain, and defend the power, authority, and
jurisdiction of the King of Great Britain within the Commonwealth of
Virginia, contrary to the said Act and contrary to the safety, peace, and
good order of the people of the said Commonwealth, as also a letter wrote by
the said Miller to Col. Abraham Smith to the same effect. These are,
therefore, in the name of the Commonwealth of Virginia, I command you to take
the said Alexander Miller and bring him before me on Tuesday next, ye 26th
instant, in order that he may answer to the said complaint, and this you shall
in no way omit at your peril. You are hereby authorized to summon such
guard as may be necessary for the safe conducting of the said Miller. Given
504
under my hand and seal this twenty-second day of August, 1777. (Signed)
Sampson Mathews (Seal). To John Erwin, constable, to execute and make
return. You are required to summon Benjamin Erwin and John Christian,
son of Robert, on behalf of the Commonwealth against the said Miller.
Given under my hand ye 22d August, 1777. Executed 26th August, 1777.
(Signed) John Erwin, constable.
Sir:--I congratulate you on your success at ye election, in ye words of
Mordecia to Esther, 4, 14, "who knows but thou art come, for such a time
(of calamity) as this and hope ye will make ye precept Exod. 23, 2, yet
constant comparison in ye distressing crisis."
I write (as I proposed) to you with great cheerfulness, confidence, and
freedom from a persuasion, yet I have to speak to a man of penetration
and honesty, one who has ye fear of God before his eyes, and I hope and
pray that you may have courage to appear for ye common good, as under ye
inspection of ye God who stands and presides in ye Assemblies of ye
Mighty.
I doubt not by year's time many, nay, contradictory, plans have been
proposed to you and many wants complained of. I think I will complain to
you of only two wants, viz: Peace and safety. Other wants will in time
be rapidly supplied if these are obtained. You will say, how are these to be
obtained? I answer, I think neither by war nor claiming independence; in
war, unless by a miracle, we are unfit to conflict with Britain; and to claim
indepencence appears to me evidently wrong, for ye following reasons, viz:
1. What deprives others of their property is unjust and useless; but
independency deprives Britain of her property, therefore claiming independency
is unjust and unlawful; ye first is true, property is by divine appointment,
and to invade it is forbid by ye 8th Commandment. Therefore unjust and
unlawful the second is thus proven, yet Britain has a property is allowed by
common language, "British America," "British colonies,," our patents and
ye consent of ye powers concerned in ye late pacification, but independency
deprives Britain of her territories, i. e., of her property, therefore unjust
and unlawful.
2. What is imprudent and unprofitable is a civil evil and loss to a people,
but independency is imprudent and unprofitable, therefore evil and loss. Ye
agreement is proven, thus civil prudence consists in increasing the wealth,
in lowering taxes, in securing ye safety of ye people; ye opposites to these
are imprudent and unprofitable. But independency stops our trade, increases
our taxes, and exposes us to ye vengeance of Great Britain for attempting
to rob her of her property, all which is evident; therefore independency is
evil and loss.
3. What will be condemned by friends and enemies, expose a people to
general disregard and to be deserted and opposed, nay exposed, to all ought
not to be done; but claiming independency will produce all these evils,
therefore claiming it ought not to be done. Thus is proven by ye first reason
we will be condemned for perfidy and ingratitude to our founders and
protectors, and suspected by friends and enemies for ye future. And as our
claim is only by force and strength, a stranger may treat us as pirates and
take per strength what we hold, and we can't complain of injustice done us,
therefore independency ought not to be claimed.
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4. What subjects men to ye divine displeasure and punishment ought to be
avoided in conduct, but violating oaths to civil persons is such: Ezek. 17,
12 to 22. Independency is inconsistent with out allegiance to Britain. You
see what will follow--either to avoid claiming independency or be subjected
to ye divine displeasure and punishment. If, then, independency be unjust
and unlawful, evil and loss; if it exposes to general condemnation and to
be treated as pirates by any who can and will; if it subjects to ye divine
displeasure aInd punishment; surely it will not, nor ought not, be claimed by
any wise, honest, and Christian people. To these I could add more, but think
these sufficient at present. You will ask, seeing peace and safety can't be
obtained by war or independency, how then shall it be obtained? I answer:
If we have done evil, let it be escaped from and not persisted in any longer;
if we persevere in shedding more blood and prolonging ye calamities of war,
we thereby increase ye guilt and misery of ye people. Shall ye continue to
do what _____ and at first ought not to be done? Our distress is great, but
our rash folly has made it so. Our way and our doings have procured
these things to ourselves, Jer. 4, 18. You have now an equal right and
privilege with any other member to reason and even repeal all or anything
hitherto done by conventions or congresses. I think it would be needful to
inquire of ye people, ye commissioners of ye committees, whether it was their
instructions to you to enter into war with and independence on Britain?
And if these men, viz committees, etc., have exceeded ye powers ceded to
them by their constituents, they and not ye people ought to suffer. To treat
with Lord Howe for peace and safety is ye best plan you can fall upon to
save ye lives and estates of your constituents. Great is ye trust now reposed
in you and much good or injustice may and will result from your determinations.
May God direct and strengthen you to do ye first and prevent you
from being accessory to ye last is ye prayer of yours in sincerity,
April 19, 1777. ALEXANDER MILLER, M. A.
P. S.--If you desire it, I will send you some of my thoughts on ye bill
of rights and plan of government; if you do, let me know by a line. 'Tis
reported there has been an engagement to ye northward and yet ye Americans
were not able to keep ye ground. As ye press is and ought to be open,
if you see cause and think it will assure any good end, you may put this in
a paper by ye following title, viz: A letter to a gentleman on his being
elected a Burgess.
At a Court of Commissioners, held for Augusta County, the 16th day of
July, 1776, and continued by adjournment to the 17th of July, 1776, at the
Court House of the said County, agreeable to a commission from the late
the Honorable the Committee of Safety of Virginia. Present: Samuel
McDowell, gent; Michel Bowyer, gent; Sampson Mathews, gent.
The Commonwealth of Virginia against Alexander Miller, defendant.--
Upon considering the charges against Alexander Miller, the defendant, as
well as the evidence adduced in support of the same, and also the verdict of
the jury, we, the Court, are of opinion that the matter, as far as it relates
to aiding and giving intelligence to the enemy, comes within the ordinance
of Convention, and therefore give judgment: That the said Miller be confined
to the bounds of the plantation whereon he now lives, in this County, till the
end of the present war with Great Britain, and that he do not in any manner
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aid, abet, correspond, or converse with the enemies of America, nor argue
nor reason with any person or persons whatsoever on any political subject
relating to the dispute between Britain and Amercia, or until he be thence
discharged by the Executive Power, or General Assembly, of the Commonwealth
of Virginia; and in the meantime he, the said Miller, be kept in safe
custody until he shall enter into bond himself in the sum of one hundred
pounds and two good securities in the sum of fifty pounds each. And that
the whole of the costs of this prosecution be levied on the estate of the said
Alexander Miller, viz: To Thomas Smith and James Hill, they finding
themselves and horses for going 120 miles to William Hutchison's, on Indian
Creek, in Botetourt County, each at the rate of 4 pence per mile, and for
returning the same distance with the prisoner, at the rate of 4 pence per mile
each. To Robt. McFarland, summoned by the officer; to assist, for going 50
miles, at 4 pence per mile. To the witnesses for attending one day each, 25
pounds of tobacco, or two shillings and one penny, viz: William Ewing,
Silas Hart, Mary Erwin, James Montgomery, William Givens, Robert McFarland,
Thomas Smith, and James Hill. To the clerk, for attendance
two days, twenty shillings. To the sheriff, for attending the Court and
summoning a jury, twenty shillings. To Daniel Kidd, for summoning the
witnesses, in which he rode 150 miles, at four pence per mile. And that the
clerk issue executions for the above sums, respectively, when required thereto
by the claimants. (Signed) Samuel McDowell. A true copy. Test: William
Cunningham, Clerk.
We of the jury do find the defendant guilty of the charge mentioned in
the warrant, and do assess a fine of one hundred pounds and two years'
imprisonment. (Signed) Jos. Humphreys.
Recognizance of Col. Abraham Smith, John Poage, Esq., Capt. David
Bell and Mr. Benjamin Erwin to appear as witnesses, to be held for this
County, on 3d Tuesday in September next by 10 o'clock in the forenoon,
against Alexander Miller, M. A. Dated 26th August, 1777.
Bond, 22d July, 1776, by Alexander Miller, M. A.; John Miller, Alexander
Long, conditioned according to the judgment of the Commissioners' Court,
passed 17th July.
Letter addressed to Mr. James McChesney, Sorrey Cunty, North Carolina:
Rockbridge County, July ye 27, 1788. Dear Cousin: This is the
second time I wrote to you and have not heard of you or received a line from
you. But I hope this will find you and your Mamey and your brothers and
sisters well as we are at present. Joanna would be fond to see you all. I
have heard that you were all in a notion of moving to Nolson or Frnch
Broad, and I expect that either or Kentucky is better than where you live.
I intend selling all the land I have and move, but I cannot sell that little
place until you come and make me a deed, and if you come I will give you a
horse for your Mamey, I allow the best for you. He will be a horse that will
carry you or your Mamey home again freely. Perhaps your Mamey will come with
you. I would be fond to see you this fall, because as I ____ off I would sell
all together and I can have a deed made here by a lawyer. But it would
be costly. No more at present, but give my respects to your mother, your
brothers and sisters in general. Affectionate friend. (Signed) Samuel
McChesney. Excuse haste.
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