Greenbrier County, West Virginia Extracts from Record-books and Petitions ************************************************************************** USGENWEB NOTICE: Material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor. Submitted by Valerie Crook, , May 1999 ************************************************************************** The History of Monroe County West Virginia, by Oren F. Morton, B. Lit., Originally Published: Staunton, Virginia, 1916, Reprinted, Regional Publishing Co., Baltimore, 1988, pages 68-78 Chapter VIII RECORDS OF TWENTY YEARS Extracts from Record-books and Petitions. IN THIS chapter the record-books of Greenbrier and the petitions from the said county to the General Assembly tell their own story. Such extracts are given as are of most general interest and deal more particularly with that portion of Greenbrier that became Monroe. NOVEMBER, 1780 Justices present: Samuel Brown, John Anderson, William Hutchinson, John Henderson, William Poage. John Archer resigns as clerk. John Stuart elected. Andrew Donally qualifies as sheriff to succeed James Henderson, his deputies being John Rodgers, Adam Caperton, and James Thompson, and his sureties, John Henderson and James Thompson. Grand Jury: William Frogg, John Humphreys, Matthew Gwinn, Andrew Willson, John Wiley, Thomas Hamilton, John Benson, Charles O'Hara, John Miller, Sr., John Akins, John Riley, George Davidson, John McCan- lis, Martin Smith, Sampson Archer, William Hedding, Archibald McDowell. View ordered from for a road from Second Creek to Camp Union. Christopher Bryan given license to keep an ordinary. Three presentments for unlawful retailing of liquor. John Stuart was advanced $400 in paper for iron to be used in jail and transportation of the same; also $1,000 to buy necessary books. (Note: This paper was depreciated Continental money.) Ordinary rates authorized: breakfast, $15; lodging, $3; stablage and hay, per night, $14; corn, per gallon, $14; oats, per gallon, $6; whiskey, per gallon, $80; rum per gallon, $320. 764 tithables, each assessed at 14 pounds of tobacco (47 cents), total levy being $356.53. James Warwick made constable in Captain Hugh Miller's company, Samuel Kincaid in Captain Thompson's, John Dixon in Captain Ander- son's, and John Carlisle (vice Michael Shirley, resigned) in Captain John Hendersons Clerk to certify to Auditor of Public Accounts a claim of $2,000 for a horse taken from John Henderson to take a witness to Richmond. James Byrnside allowed 200 pounds ($666.67) for damage to horse in taking a criminal to "gaol." Bond of Andrew Donally as sheriff. 100,000 pounds. John Hender- son and James Thompson sureties. Bond of Andrew Donally to collect, account for, and pay all taxes due in this county, per Act of Assembly, 10,000 pounds. James Byrn- side, Archibald Wood, sureties. DECEMBER, 1780 Called court to examine James Stuart on suspicion of murdering John Estill. Adjudged guilty. Philip Hammond, Mary Faught, and William Bradshaw bound in 100 pounds each to appear at Richmond as witnesses. FEBRUARY, 1781 William Ward, a justice, authorized to buy a "compleat Wagon and Team" for use of sheriff, and procure a driver for the same. The sher- iff to collect 20,000 pounds to pay for it. MARCH, 1781 Mary Trimble, servant to William Shanks, having run away and been taken back, agrees to serve one year over and above her time to repay him for the expense of recovery. Mary Ann, wife of Stephen Robinson, a soldier, in service, and her two children are recommended for legal relief from indigency. William Tincher to survey a road from James Byrnside's to Christo- pher Bryan's, vice Archibald Handley, discharged. Order, per Act of Assembly, for the viewing and marking of a road from the courthouse to Warm Springs, and the mouth of the Cowpasture. Ordinary rates: dinner, $25; breakfast, $20; corn per gallon, $10. Order for the refitting of the house which the court uses. John Hutchinson qualifies as deputy sheriff. APRIL, 1781 John Day ordered bound in 10,000 pounds to answer charge of try- ing to incite an insurrection among the militia. Sheriff to let to lowest bidder a contract, payable in hemp, for a good wagon road to Warm Springs. MAY, 1781 Grand jury: Anthony Bowen, William Crawford, James Thompson, Thomas Grattan, John Davis, Samuel Kincaid, George Blackburn, Arch- ibald Handley, James Lockhart, James Hanna, William Davison, Thomas Hamilton, George Gray, James Houston, Moses Hall, Joseph McClung, Archibald McDowell. Christopher Bryan, David Jarrett, James Graham, and James Byrn- side to view a road from Peter Vanbibber's to the mill in Second Creek gap. Matthew Arbuckle and William Hunter Cavendish appointed com- missioners of the grain tax for the ensuing year. AUGUST, 1781 Sheriff to let contract, payable in not over 50 tons hemp, for a wagon road from the courthouse to Warm Springs. The road to be 12 feet wide in deep places, 15 feet elsewhere, and to be finished by October 1, 1782. Contractor to give bond in 5,000 pounds. Ordinary rates: dinner, $50; breakfast, $40; corn per gallon, $50; hay or fodder per night, $50. NOVEMBER, 1781 John Henderson to take list of tithables in Captain Wood's and his own companies, and James Henderson in the companies of Glass and Wright. Archibald Wood resigns as captain. APRIL, 1782 Edward Keenan made constable vice William Robinson. Archibald Handley, Edward Keenan, Samuel Glass, and James Alex- ander to view a road from the widow Miller's to Conrad's mill on Indian Creek. Next month James Thompson made overseer of road. Ordinary rates: corn or oats, 8 cents per gallon; lodging, 8 cents. James Byrnside and Archibald Wood qualify as collectors of the tax. Bond, 10,000 pounds. MAY, 1782 Samuel Gwinn, James Miller, and John Hall to view from the widow Miller's to the top of Swope's Knobs to join the road to Second Creek. Attachment for $40 specie by James Gwinn against the estate of James McAfee, "who hath privately removed himself." Return by John Hutchinson. Executed in hand of Israel Meadows 200 pounds saltpeter and in hands of John Thompson a bond of about 500 pounds paper. Sale of same ordered to satisfy a sum of $23.77. William Estill, constable, allowed pay for a laboring man for 23 days at 50 cents a day; for two horses for two days at 33 cents a day; also provisions for man and horses, the work being the construction of a "grainery" for tax grain. One adultery case and eight bastardy cases. George Thornton presented for breaking the Sabbath by drinking to excess and saying he borrowed that day and would pay it again. Robert Armstrong to pay John Vawter, a witness, 370 pounds of to- bacco ($12.33) for two days attendance and 80 miles travel. William Dunn and Thomas Downey, presented for unlawful gaming, and not appearing in court, they are each to forfeit to the poor of the parish $20 in current money and costs. Agnes M————, for bastardy, is to forfeit to the churchwardens of Botetourt parish 50 shillings to the poor and costs. Same judgment pro- nounced against three other women. Jacob Lockhart, for retailing liquors contrary to law and not coming to court, is to forfeit to the use of the commonwealth 10 pounds specie and 50 pounds paper and costs. Patrick Murphy fined five shillings for swearing in court Thomas Ellis, whose sons were killed in the service of the United States, allowed $32 for one year. Colonel James Henderson, sheriff in 1779-1780, in arrears for $1768.08. Ordered that he pay the depreciation on the same. Order for levy of 50 shillings to buy a book for the surveyor. 811 tithables. Head tax, 80 cents. Levy, $648.80. For taking a criminal to Richmond $2 allowed. $80 allowed for viewing road to Warm Springs. For handcuffs, five shillings allowed. JUNE, 1782 This was a court of claims for provisions or other services rendered in behalf of the United States in the war with Britain. Numerous claims presented and allowed. William Estill made constable in Captain John Henderson's company. AUGUST, 1782 William Myers, overseer of road from James Byrnside's to Patrick Boyd's. James Byrnside allowed $42.58 for damages done him by a party of Greenbrier militia on their way to Kentucky. NOVEMBER, 1782 Order for the laying off of a road from the courthouse to Ugly's Creek. DECEMBER, 1782 Reverend John McCue qualifies as competent to perform the marriage ceremony. JANUARY, 1783 John Grain given 25 lashes for hog stealing. MARCH, 1783 Summoned to attend surveyor in adjusting land dispute between Wil- liam West and Martin Turpin in Second Creek: Archibald Handley, James Handley, John Handley, Matthew Patterson, James McNutt, John McNutt, Moses Higgenbotham, Samuel Ewing, William Robinson, James Allen, Thomas Wright; or any 12 of them. APRIL, 1783 Hugh Caperton appointed lieutenant in Woods' company, Daniel Shu- mate, ensign. James Knox and Andrew Woods qualify as captains. 915 tithables. Levy, $915. AUGUST, 1783 Ordinary rates: "hott diet," 21 cents; cold diet, 17 cents; lodging, 8 cents; corn or oats per gallon, or pasturage one night, 8 cents; oats per sheaf, 6 cents; "tody made of Rum with Loaf Shugar," per quart, 25 cents; the same with brown sugar, 17 cents; whiskey per gallon, $1.33; apple brandy, 83 cents; peach brandy, $1.67. NOVEMBER, 1783 James Bradshaw and William Lafferty to divide the tithables under them to work the road from the mouth of Indian to Jacob Mann's. JUNE, 1784 Cesar, slave of William Hamilton, to hang after 10 days for trying to kill John Leval with knife and gun and robbing him of hat and gun. AUGUST, 1784 Per Act of Assembly, $200 levied to cut a road from courthouse to Warm Springs. SEPTEMBER, 1784 Sheriff ordered to summon all gentlemen now in the commission of the peace to show cause why they do not attend to execute their duties as such. Sheriff to give notice to the surveyors of Augusta, Monongalia, and Harrison counties to attend him in extending the line between this and the said counties from between Samuel and John Vance on Back Creek to Ohio River. Road surveyors appointed: James Williams, from ferry on New River on William Hutchinson's to John Thompson's on Rich Creek. Moses Bostick, from Soward's on Dropping Lick to Conrad's mill on Indian. George Hutchinson, from James Henderson's to Soward's. William Hutchinson, from James Henderson's to Thompson's, and the tithables on Rich Creek to Thompson's and on Hans to Roger Kil- patrick's to work under him. Valentine Cook, from Jacob Mann's to where road joins William Laf- ferty's part of same. The tithables up Indian and those up Hans to Boude Estill's to work under him. NOVEMBER, 1784 Road order from William Scarborough's mill to John Kincaid's place on head of Indian. MARCH, 1785 Allowance to sheriff, $40; to clerk, $40; to states attorney, $53.33. Levy for building courthouse, $800; bounty on 69 wolf-heads, $10 each. JULY, 1785 John Smith declared he weighed 69 pounds ginseng due John Brown of Augusta. MARCH, 1786 Order for electing three overseers of the poor on third Tuesday of April. First district to begin from courthouse and follow up the main road to the head of the Levels, thence down on the road that leads from courthouse to Andrew Donally's. Second to begin at courthouse and run down the main road that leads past Colonel John Stuart's mill, then extending down the Greenbrier River, including all inhabitants between the river and the road that leads from courthouse to Donally's. Third district to begin at courthouse and include all the rest of county. Cap- tain Renick to supervise election in first district, William Feamster in second, John Anderson in third. Ordinary rates: warm diet, 41 cents; cold diet, 33 cents; lodging, 10 cents; good cider per gallon, 67 cents; country-made beer, 10 cents; good "Shampaign," $4. NOVEMBER, 1786 61 persons presented for failing to give a list of taxable property, and 12 for selling liquor without a license. FEBRUARY, 1787 Appropriation of $210.80 for running the line between Greenbrier and Harrison. MARCH, 1787 George Clendennin, county lieutenant, gives bond in 1000 pounds as one of the commissioners to open a road from the Falls of the Kanawha to Lexington, Fafayette county (Kentucky). APRIL, 1787 Thirty-nine road surveyors, appointed: John Kincaid's precinct; from his house to Robert Knox's. John McNutt's; Kincaid's to James Henderson's. Patrick Boyd's; George King's to James Byrnside's. James Murdock's; his house to Benjamin Lewis'. Valentine Cook's; Jacob Mann's to where said road joins William Lafferty's part. John Hutchinson's; John Thompson's to James Henderson's. George Hutchinson's; Soward's to Dropping Lick. Moses Bostick's; Soward's to Conrad's mill. James Williams'; ferry on New to John Thompson's on Rich. Matthew Patterson's; Conrad's mill to forks of road leading from John Handley's. Samuel Ewing's; Scarborough's mill to John Kincaid on head Indian. James (?) Murdock's; Patrick Boyd's to nighest fork on Wolf. Joseph Swope's; from said fork to John Alderson's. Charles Friend's; from Mitchell's old place to John Handley's. James Graham's; from John Vanbibber's to Wolf. Thomas Wright's; Conrad's mill to forks of road between John Hand- ley and James Dempsey. John Stodghill's; Colonel Henderson's to Timothy Sullivan's. John Miller's; Wallace Estill's to John Caperton's. William Ward qualified as sheriff. Sheriff to send notice to the justices of Botetourt that the road to the county line on the turn of the waters on Howard is complete. MAY, 1787 Order for a prison not to cost over 100 pounds. DECEMBER, 1789 Servant's diet, 11 cents; lodging, 8 cents. APRIL, 1790 James Kannaday given 39 lashes for breaking into James Handley's and stealing $4. OCTOBER, 1792 Joseph D. Keyser made report on opening the wounds of Jacob Price and Abraham Nettles, disabled Revolutionary soldiers. JANUARY, 1793 Ordinary rates: sleeping in feather bed, 8 cents; in chaff bed, 5 cents. Tithables, 1177. Levy, $313.87. OCTOBER, 1793 Sheriff allowed $20 for building a sufficient pair of stocks. NOVEMBER, 1793 Henry Miller allowed $5.45 for repairing courthouse. FEBRUARY, 1794 Tithables, 1203. Head tax, 55 cents. AUGUST, 1795 Processioners of land and their districts: William Maddy and Robert Chambers; in Isaac Estill's company. John Handley and John Byrnside; in John Handley's company. James Graham and Thomas Alderson; in Elijah Garten's company. Roger Kilpatrick and James McDonald; in John Hutchinson's com- pany. James Handley and Daniel Perry; in James Ewing's company. SEPTEMBER, 1795 Ordinary rates: warm dinner, 25 cents; warm breakfast or cold din- ner, 21 cents; cold breakfast, 17 cents; corn, per quart, 3 cents. NOVEMBER, 1795 Five men presented for breach of the peace and profane swearing; a white woman for having a mulatto child. DECEMBER, 1795 William Scarborough given leave to emancipate a negro man on be- ing responsible for any illegal conduct of the said York, and the eman- cipation is carried out. FEBRUARY, 1796 The second of the two overseer of the poor districts comprises all within the bounds of second battalion. Polling place at John Byrnside's. JANUARY, 1797 James Alexander given ordinary license. John Arbuckle qualifies as deputy sheriff under Samuel McClung. MARCH, 1797 William Frogg fined $2.50 for insolence in court. SEPTEMBER, 1797 John Hutchinson qualifies as assessor. 1896 tithables. Levy, $549.84. NOVEMBER, 1797 John Erwin given ordinary license. FROM THE PETITIONS TO GENERAL ASSEMBLY 1780: For collecting from the tithables 20 tons of hemp to pay for making a road from the courthouse to Richmond. 171 signers. 1780: Asking higher pay for the spies on the frontier, they being the best safeguard against the Indians. The appropriation for the purpose insufficient, owing to depreciated money. 1781: Complains of heavy tax to open wagon road from Camp Union to Warm Springs, about 48 miles by measure A "hard measure to build" at our expense through other counties (Augusta and Botetourt) "more especially in this distressing time of war and carnage." A for- mer petition for road was signed unadvisedly. County frontier runs 100 miles north and south and settlements extend 20 miles westward. Every year the settlers suffer more or less from the Indians, who are a peril to road workers. The inhabitants cannot spare crop or stock to the value of one-half the expense of road, estimated at 40 to 50 tons of hemp. Pe- tition asks repeal of law. A road directly across Greenbrier cannot be useful to the settlers far to either side The people have enough to do to supply their families with bread. Signers from north of Greenbrier River. 1781: On same subject, but by people south of Greenbrier River. Road will cost 2000 to 3000 pounds specie. The people cannot raise crops ow- ing to the time spent in service. 1782: "Whereas your petitioners have settled upon lands under the faith of the terms of sale proposed by the grantors, and have made large improvements, and there being doubts whether we could even obtain titles for our land before the opening of the land office. Your petitioners humbly conceive from the Act of Assembly entitled, 'An Act for settling and adjusting the titles of claims to unpatented lands under the present and former government previous to the establishment of the Common- wealth's land office,' wherein it is enacted that all persons having settled upon unpatented lands, they shall either settle with the grantees or their agent, or lay their claims before the Court of Commissioners to be ap- pointed by virtue of this Act, who are to oblige the grantor or agent to make title to the claimants, which claimants are to pay the composition money in six months, or the land to revert to the grantor; which from the scarcity of money it is evident the lands will revert. We therefore pray that an act may pass to repeal that clause of the law which says that the land shall revert, the people giving bond and sufficient security for the composition money, and itnerest to be paid in six months. Signed by Andrew Donally and 31 others. 1782: Mentions no result from a first petition for a road, and mentions a counter-petition by "prejudiced men." A road indispensable to enable the people, "at present excluded from almost any kind of trade," to sup- port their proportion of the expense of government. Soil very well adapted to hemp. To meet objections, it is proposed that the part of the road common to all the inhabitants of the county (Warm Springs to Ugly Creek) be cleared at the expense of the whole county; the portion to the savannah at the expense of the people on the north side of Green- brier River. 1783: Recites compliance with the law for adjusting claims to unpaid lands. Expresses surprise at decree by Court of Appeals that no grant issue until grantor is paid $10 per 100 acres with interest. Some of the people when they came here were given patent by General Andrew Lewis, agent of Greenbrier Company in 1773, asking them to hold under the said company to preserve it from the claims of the officers and soldiers who then threatened it. Of two evils the people chose the least. No land office was then open, nor was there any other promising method on any terms. "What handle hath since been made of this patent we cannot tell. Nothing but the danger which threatened us could have induced us to take such measure." 281 signers. 1783: Recites decree of Court of Appeals that surveys prior to 1776 fall under grants (to Greenbrier Company, etc.) No person entitled to patent without paying composition money and interest from time of set- tlement, and land will revert unless the same is paid by December. An Act of 1799 declared void all grants under order of council wherein the terms were not complied with. The commissioners under said law granted us certificates, holding as void all surveys under orders of coun- cil not in force. Now after paying considerable sums to commissioners, clerks, surveyors, and sheriffs, who were sent among us unasked, we considered these certificates good and sufficient title. According to law there was no appeal from the commissioners, yet the court has set aside all the commissioners did. Our all is in jeopardy. We have settled and improved a country which otherwise would have been a lurking place for savage barbarism "Quietly and tamely to leave our homes and habita- tions, so dearly purchased, to men who have hazarded little or nothing to procure them, would be acting the dastard, and is unbecoming to citizens who have arrived at the dignity of free, sovereign, and indepen- dent states." If the law is misconstrued, "for Heaven's sake let us not be the unhappy victims. All we ever desired or expected was barely justice." 1784: Andrew Donnally declares that as sheriff he could not collect taxes. Sales of delinquent property were proposed, but not an article would be sold by reason of the great scarcity of specie. Sheriffs in other counties could discharge one-half the taxes in commutables. He was pre- cluded, because of the want of a road and had to pay in specie. There was delinquent tax of $1000. 1785: Declares the people unable to pay taxes due. The Indians con- tinued their war after the peace with England, killing people, driving off stock, and by keeping us in forts we could not improve our lands or raise enough bread. The Court of Appeals obliged us to pay for our lands. We are also compelled ot pay into the Treasury $2.22 per 100 acres, besides $1.77 register's fee. Had the money thus extorted from us been applied to the discharge of our national debt, we would have parted with it cheerfully But the greater part went into the pockets of those who perhaps never rendered as mnay services as ourselves. The magistrates have for two years totally neglected to rule the sheriff to bail for the collection of the tax. The debt is beyond our power to pay in any one year. We ask that a road be opened and that we pay our arrears in work on the same. 1794: Against the claims of the Greenbrier Land Company. No re- gard to the same in the warrants issued in the King's name to officers and soldiers. The company applied to the governor and council to keep out these officers and soldiers from locating. Governor and council rec- ognized their claim no farther than to prohibit from locating on such lands where there were legal surveys or actual settlement. Option given to hold under the company or under the rule for officers and soldiers. Believed that the Council would not have done this had it regarded the company's claim as valid. Because of this indulgence, the company sur- veyed most of the lands where your petitioners are, took fees for sur- veying, but made no title to us. We had to survey under the certificate granted by the Act of 1779, which act held the company entitled to no lands, but those they surveyed prior to 1763. We do not excite pity by reciting our hardships, but affirm the company's lack of title. For the road from Lewisburg to Kanawha Falls 5000 pounds was voted. The distance of 70 miles uninhabited. We hold that its main- tenance is a matter of national concern, and that it should neither go to decay nor be kept up exclusively by its makers.