How Justice Grew Part 5

In addition to Floyd, Fayette County was also formed in 1831. This county, the second attempt Virginia had made to honor the Marquis de la Fayette, fell later into West Virginia. Taken from parts of Logan, Greenbrier, Nicholas and Kanawha, Fayette lies in the southeastern part of the state, and is traversed by the New River.

The lengthy description of its bounds notes several streams besides the New River; namely: Lick creek, Meadow river, Mill creek, Gauley river, Twenty Mile creek, Kanawha river, Guyandotte and Cole (Coal) river. For the first time we find mention of a turnpike, "the Kanawha turnpike." In the decade 1820-1830, a great interest in highways developed, and turnpikes and toll roads became numerous. In Virginia a well-known toll road ran through the Valley of Virginia called "the Valley Pike."

National highway Route Number 11 largely follows its path.

The third county created in 1831 also is now a West Virginia county, Jackson. Formed from Mason, Kanawha and Wood, Jackson lies in the western part of the state along the Ohio River south of Parkersburg. It was named for General Andrew Jackson, then in his first term as President of the United States. A song popular at that time carried these two lines complimenting his exploits:

"Glory be to Jackson for the Battle of New Orleans For there he gave the enemy the hot b.u.t.ter-beans"

referring to his victory over the British in the battle of that name.

We come back to Virginia now and discuss the fourth county created in 1831. Formed from Shenandoah and Rockingham counties, it lies in the Valley of Virginia with the famed Luray Cavern within its borders. It was named in honor of John Page, Governor of Virginia 1802-1805.

Its bounds are as follows: "Beginning at a point in the line of the counties of Rockingham and Orange on the top of the Blue Ridge opposite to the headwaters of Naked creek in the county of Rockingham; thence a straight line to the headwaters of said creek; thence with the meanderings of said creek to its junction with the South river; thence down the bed of said river to the upper end of Michael Shuler's island; thence a straight line to the mouth of Shuler's run; thence with the main branch of said run to its source; thence a straight line to the top of the Ma.s.sanutten mountain; thence with the top of said mountain to its termination near Daniel Clem's; thence to the top of the eastern Fort mountain; thence with the top of said mountain to a point opposite to the mouth of Cunningham's run in the county of Shenandoah; thence a straight line to the mouth of said run; thence with the said run to its source; thence to a point in a direct line to the top of the Blue Ridge in the line of the two counties of Shenandoah and Culpeper; and thence with the top of the Blue Ridge to the beginning."

From Washington and Wythe in 1832 was established the new county of Smyth situated in the southwestern section of Virginia and extending to the North Carolina line. The name derives from General Alexander Smyth of Wythe County, Inspector General of the Army in 1812 and Member of Congress 1817-1825, 1827-1830. A portrait of him by Saint Memin is in the Corcoran Art Gallery.

The bounds of the county are set forth as follows: "Beginning on the main stage road at a bridge in a hollow at a point where the spring branch of Phillip Griever deceased crosses the same; thence a direct line, pa.s.sing equidistant between Preston's and King's salt wells to the line of Russell county; and from the said point on the main stage road aforesaid where the said spring branch crosses the same running south twenty-five degrees east to the southern boundary of Washington county; and beginning on the main stage coach road leading by Abingdon and Wythe courthouse, ten miles by the said road dividing Washington and Wythe counties; running thence northwest to the northern boundary of Wythe county and southeast to the southern boundary of Wythe county. The said line through Wythe county running precisely parallel with the line aforesaid through Washington County."

In the above we note the great development that had taken place in this section, a "stagecoach road" and two towns, Abingdon and Wythe Courthouse, being mentioned for the first time. A road over which a heavy stagecoach could travel was a big advance over the bridle paths and "rolling roads" of the preceding century.

In 1833, Rappahannock also a Virginia county, was established. This was taken from Culpeper County and named for the river which traverses it, and which, likely took its name from the Indian tribe living along its banks. The settlers first called this river Pembroke in honor of William Herbert, third Earl of Pembroke and brother-in-law of the famous Sir Philip Sydney. The Earl was a member of the Virginia Company of London and invested four hundred pounds sterling in the enterprise.

The bounds of Rappahannock County were as follows: "Beginning at the corner of Madison and Culpeper counties upon the top of the Blue Ridge of mountains and running thence with the line of said counties to the point where it is intersected by Hugh's river above the junction of Hugh's and Hazel's rivers; thence with Hugh's river to the junction of the aforesaid rivers; thence to a bend in the river near a point called the Giant's castle; thence to Horner's mill upon the Fauquier and Culpeper line; thence with said line to the corner of the aforesaid counties upon the top of the Blue Ridge, thence with said mountain to the beginning."

The next county established in this continuous effort to make due processes of law and order accessible to all lies now in the northern tip of West Virginia. It is called Marshall, honoring John Marshall who died in 1835, the year of the county's creation. John Marshall's career and achievements are too well known to be recounted here; suffice it to say that in his lengthy tenure as its Chief Justice he gave plan, directive and purpose to the Supreme Court of the United States.

The bounds of Marshall County were set forth as being "all that part of the lower end of the county of Ohio lying south of a line beginning on the Ohio river at a stone to be fixed on the bank of said river, one half mile above the mouth of Buggs' run; thence a direct line to the northern boundary of the town of West Union and thence continuing the same course to the Pennsylvania line."

In 1836 Braxton, also at present a West Virginia county, was created from portions of Lewis and Nicholas counties. Its name honors Carter Braxton, a Signer of the Declaration of Independence, the last one of the Virginia signers to receive this distinction.

The description of its bounds though long is of interest because of the number of place names used and is therefore quoted: "beginning at Salt Works road at the head of Barbecue run and running thence with the dividing ridge of the Kanawha and Monongalia waters to the head of the Fall run; thence along the leading ridge to the forks of the Little Kanawha; thence up the right hand fork to its head; thence with the dividing ridge between Kanawha, Buchanan and Elk waters, to the corner of Randolph and Nicholas county line; thence with the said line to the top of the Point mountain above the Fork lick; thence along the top of the Point mountain to the end thereof; thence a straight line to Joseph Priam's (so as to include Joseph Priam's lands within the boundary of the new county); thence a straight line to the top of the ridge between Big and Little Birch rivers, and down said ridge to the mouth of Little Birch river; thence a straight line to the mouth of the Rock-camp fork of Big Buffalo (above Young's Bottoms); thence down the same to its mouth, crossing Elk river; thence to the Lewis and Kanawha county line at a point where a straight line to the mouth of the Long Shoal run will include Jacob Shock on Steer creek within the boundary of the new county; thence up the said Long Shoal run to the top of the ridge between the Sand fork and Little Kanawha; thence with the dividing ridge to the head of the left hand fork of the Three lick fork of Oil creek; thence to its mouth; thence to the main fork of Oil creek; thence up the Clover lick fork to the beginning."

From almost the center of the present state of West Virginia, we now return to Virginia and note the creation from Frederick of the new county of Clarke. Braxton, Clarke and Warren were all established in the year 1836. Clarke, though incorrectly spelled pays honor to that native of Albemarle County who won the Northwest Territory for the Continental Congress, George Rogers Clark. The county, cut from the eastern part of Frederick, adjoins Jefferson, Loudoun and Fauquier.

Its bounds are thus given: "Beginning at the point in the Blue Ridge where the line dividing the counties of Jefferson and Loudoun meets the line dividing the counties of Frederick and Loudoun, thence with the line dividing the counties of Jefferson and Frederick to the middle of the Opequon creek; thence up the middle of the Opequon to the mouth of Wright's branch; thence up that stream to the mouth of Nations Spring run; thence a direct line until it reaches Colin Leach's corner, next to major Seth Mason's land on the road to Nineveh; thence eastwardly by a direct line, pa.s.sing south of the buildings and curtilages of doctor James Hay and James M. Hite, to a point on the Shenandoah river, at the mouth of Fauntleroy's mill run, on the north side of the Shenandoah river; thence from the mouth of said run a straight line to the nearest top of the Blue Ridge of mountains; and thence on the eastern boundary of Frederick county to the beginning."

Curtilage, used for the first time in any description, is a law term denoting the fenced-in area adjoining a dwelling house or a courtyard.

The term often used now is dependencies.

Warren, the third county created in 1836, lies over the Blue Ridge from and a little to the south of Clarke. Its territory was taken from those portions of Shenandoah and Frederick counties that adjoined "the counties of Rappahannock and Fauquier in the southern part thereof." The name honors the brave soldier Major General Joseph Warren who fell in the Battle of Bunker Hill.

The bounds of Warren County which mention some places noted in Clarke County's bounds are as follows: "Beginning at the top of the Blue Ridge where the counties of Shenandoah and Page corner on the Rappahannock county line; thence west with the Page line to the top of the southeast Fort mountain; thence north with the top of said mountain to its termination at the mouth of Powel's fort; thence a straight line from the top of said mountain to the nearest top of the Three top mountain; thence with the top of said mountain to the high peak opposite Strasburg; thence a straight line to Hoffman's ford across the north branch of Shenandoah river; thence down the bed of said river to the mouth of Cedar creek on the north side of said river; thence up said creek to where the Winchester and Staunton stage road crosses said creek; thence a straight line to Zion meeting-house in Frederick county; thence with the main road leading towards the White post until it reaches Colin Leache's corner, a point on said road; then eastwardly by a direct line pa.s.sing south of the buildings and curtilages of doctor James Hay and James M. Hite; to a point on Burden's March run; thence by a direct line to a point on the Shenandoah river at the mouth of Fauntleroy's mill run on the north side of the Shenandoah river; thence from the mouth of said run a straight line to the nearest top of the Blue Ridge; thence a southwest course with the top of said Blue Ridge to the beginning."

The next year, 1837, Mercer, now in West Virginia but adjoining Giles County, Virginia, was formed. The Act authorizing its creation is as follows: "All that part of the counties of Giles and Tazewell contained within the following boundary lines ... shall form one distinct and new county and be called and known by the name of Mercer county in memory of general Hugh Mercer who fell at Princeton." Appropriately the county seat of Mercer County is Princeton.

In 1838 the Virginia counties of Greene and Roanoke were set up.

The Act for the former county is as follows: "So much of the county of Orange as it lies next to and adjoining the counties of Madison, Rockingham and Albemarle and west of a line beginning at Cave's old mill (now James Jackson's) on the Madison county line and running thence a straight line to where Whitelow's mill run intersects the Albemarle county line shall form one distinct and new county and be called and known by the name of Greene county in memory of general Nathaniel Greene who served his country in the revolutionary war."

It may be mentioned that this is the second county in Virginia honoring General Greene. The correct spelling for his first name is Nathanael.

In Greene County lies Swift Run Gap. This is the gap in the Blue Ridge mountains over which in September 1715, Governor Spotswood led his adventurous band into the beautiful Valley of Virginia. Westward expansion began at this date.

The second county created in 1838 was Roanoke composed of that portion of Botetourt lying next to the southwestern parts of Montgomery, Franklin and Bedford. Roanoke was the name applied by the early colonists to the sh.e.l.l-beads of different colors used by the Indians as a medium of exchange. The river had long been known as Roanoke, hence it seems likely that the county took its name from the river.

Roanoke County is thus bounded: "beginning at a point on the Blue ridge which divides the counties of Bedford and Botetourt, thence northwest to the house now the residence of John Bonsack on Glade creek so as to include the said Bonsack in the new county, thence a line to the house of Thomas Barnes including said Barnes in the county, and so as to leave John W. Thompson in the county of Botetourt, thence a straight line crossing the Catawba Valley at a point one mile due north of Mrs.

Garwood's; thence crossing Craig's creek (pa.s.sing the house of John Spessard on Craig's creek so as to leave the said Spessard in the old county) to the top of the mountain which divides the waters of Craig's creek and Sinking creek, thence westwardly along the top of the mountain to the point where the lines of Botetourt, Montgomery and Giles counties meet, thence with the line which divided the county of Botetourt from the county of Montgomery to the point at which the said line joins the Bedford line, thence with the Bedford line to the beginning."

In this same area in the following year the county of Pulaski was created from the western end of Montgomery and the eastern end of Wythe.

Its name honored the Polish patriot Count Casimir Pulaski who, exiled from his homeland, came to America and joined General Washington's army.

He partic.i.p.ated in important engagements and finally fell on 11 October 1779 unsuccessfully defending Savannah, Georgia.

The bounds of Pulaski County are thus set forth: "beginning at a line dividing the county of Giles from Montgomery on New river, thence with same line to the head of a hollow above Hiram Davis's on Little Walker's creek; thence to a point on the main road between the lands of John T.

Sayers and Harvey Shepherd including the plantation of David G.

Shepherd, thence to the mouth of Pine run on New river, thence to the Grayson county line; including Sally King's plantation on Reed island; thence with the Grayson line to the Floyd line, and with the same to the mouth of Indian creek on Little river, and with the same including the farm of Creed Taylor to New river, and with the same to the beginning."

1840-1850 FLOOD TIDE, SIXTEEN NEW COUNTIES

Three years elapsed before another county was needed and it was not until 1842 that the county of Marion was formed from the southern part of Monongalia and the northern part of Harrison. The name given it was "in honor to and in memory of general Francis Marion who served his country in the war of the revolution." This county now lies in West Virginia.

Also in 1842, a new county in the southwestern area of Virginia was formed from Grayson. It was thus bounded: "beginning on the North Carolina line at or near Fisher's peak and running thence a straight line across the said county of Grayson (so as to cross Chestnut creek near the ford at major James Anderson's) to the line of Wythe county thence along said Wythe line to the line of Pulaski county thence along said Pulaski line to line of Floyd county, thence along said Floyd line to the line of Patrick; thence along the said Patrick line to the North Carolina line thence along said North Carolina line to the point of beginning ... and be called and known by the name of Carroll in memory of Charles Carroll of Carrollton." Charles Carroll, one of the Maryland Signers of the Declaration of Independence, had been the last survivor of this n.o.ble group, dying in 1832 at the age of 95 years.

The third county created in 1842, Wayne, taken from the western part of Cabell lay along the Ohio river and is now in West Virginia. This new division was to "be called and known by the name of Wayne county in memory and in honor of general Anthony Wayne."

Two counties destined to be in West Virginia were set up in 1843. The first of these was Ritchie in the western part of the state created from portions of Lewis, Harrison and Wood. The name honors Thomas Ritchie, "founder and long the able editor of the _Richmond Enquirer_ and 'father of democracy' in Virginia."

The other county, Barbour, lying in the northeastern part of the state was established from areas of Harrison, Lewis and Randolph. The description of its bounds besides mentioning the usual rivers and ridges names also several persons which always draws the reader's interest.

Some of these are: "Rueben Davisson's farm," "the old farm now occupied by Samuel Bartlett," "William Bean's," "Samuel Black's residence" and "the widow Corley's corner tree."

The name of the county was "in honour to and in memory of Philip Barbour of Virginia." Appropriately the county seat is Philippi. Judge Barbour, a native of Orange County, Virginia, where his home "Frascati" still stands, achieved distinction as a Judge of the Supreme Court. He had died the year before the county was formed.

Taylor County, also in the northeastern part of West Virginia was formed in 1844 from sections of Harrison, Barbour and Marion. Its bounds mention "the residence of Anderson Corbin," "the residence of James M'Daniell," "the residence of Joseph Bailey," "the farm of John H.

Woodford" and others.

The name of the county honors General Zachary Taylor, twelfth President of the United States, a native of Orange County, Virginia. He had a distinguished military career, serving in the Black Hawk, Seminole and Mexican Wars.

The determination on the part of Virginia's General a.s.sembly to render justice more easy and accessible to all its citizens was as strong in 1845 when parts of Lewis and Kanawha counties became Gilmer County as it had been two centuries earlier. It was the unifying purpose in all development.

The name Gilmer takes us to Albemarle County, Virginia, where Thomas Walker Gilmer, elected Governor of Virginia in 1840, was born. He was grandson of Doctor Thomas Walker of "Castle Hill," Albemarle County who was the first to explore Southwest Virginia and Kentucky.

At the same time that Gilmer was formed, the county which lies to the north of it was established. Both are now in West Virginia. The bounds of Doddridge County, as noted in the Act of a.s.sembly creating it, list several waterways including Hughes's and Monongahela rivers but the most interesting land mark named is "the Northwestern turnpike road at tollgate number eleven." This shows steadily advancing development in transportation, for earlier there had been references to wagon roads, then to stagecoach roads and now to a turnpike with the regular tollgates to provide funds for maintenance.

The name honors the memory of Philip Doddridge of Brooke County, who was a prominent member of the Virginia Const.i.tutional Convention of 1829-30.

He was an advocate of the wishes of the western portion of the state to have representation based upon white population exclusively. This motion failed and a compromise const.i.tution was agreed upon. Philip Doddridge died in Washington, D. C. in 1832 while serving as a member of Congress.

After discussing six counties now in West Virginia, we come now to the county of Appomattox formed in 1845 from portions of Buckingham, Prince Edward, Charlotte and Campbell. The name derives from the river which traverses the county.

Its bounds are thus defined: "Beginning at the mouth of David's creek on James river; thence a straight line to the head of Holleway creek; thence down the same as it meanders to Appomattox river; thence down the same to the Cutbanks; thence a straight line to the mouth of Cabin branch on Vaughan's creek; thence up the said creek to its head; thence a straight line to Merryman's or Land's; thence along the public road leading by M'Kinney's old store to the fork of the Lynchburg road about a mile north of the Red house; thence a straight line to the old mill formerly owned by William Harvey; thence along the Lynchburg road to the mill formerly owned by Samuel Branch, esquire, on Falling river; thence up the said river to the mouth of Reedy creek; thence a straight line to Hunter's old tavern (now Glovers); thence a straight line to Sterling C.