How Justice Grew Part 4

1790-1800 EXPANSION IN THE FIRST DECADE AFTER THE REVOLUTION

The next year a county was cut from Montgomery and named Wythe. It lies to the "south-west of a line beginning on the Henry line at the head of Big Reedy Island, from thence to the waggon ford on Peck creek, thence to the clover bottom on Blue Stone, thence to the Kanawha county line."

The name is for George Wythe, eminent jurist and a Signer of the Declaration of Independence. Elected in 1779 to the Chair of Law and Police, recently established at the College of William and Mary, he "became the first occupant of a chair of law in America, and the second in the English speaking world." The first chair of law established in England was at Oxford University, and Sir William Blackstone was the first professor.

The year 1791 saw the formation of three counties, all of them rearrangement of lines in established communities rather than expansion into new territory. The first was the division of Henry into two counties: "all that part of the said county lying west of a line beginning on the line dividing the counties of Henry and Franklin one mile above where it crosses Town creek, a branch of Smith's river, thence a parallel line with Pittsylvania line to the country line shall be one distinct county and called and known by the name of Patrick." The name, of course, was the given name of the great orator, and since Henry County bore his surname, the new division took his given name. It is a county of beautiful mountains with panoramic views. The Fairy Stone State Park is within its borders. On Fairy Stone Mountain and in the streams at its base are found tiny stones shaped like crosses. The story is that the gentle fairy folk when they heard of our Lord's Crucifixion wept profusely and their tears turned to stone crosses as they fell, a lasting memorial of their grief.

The next county, formed in 1791, was Bath. Its bounds are thus described: "All those parts of the counties of Augusta, Botetourt and Greenbrier within the following bounds, to wit: beginning at the west corner of Pendleton county, thence to the top of the ridge dividing the headwaters of the South branch from those of Jackson's river, thence a straight line to the lower end of John Redman's plantation on the Cow-pasture river, thence to the top of the ridge that divides the waters of the Cow-pasture from those of the Calf-pasture thence along the same as far as the ridge that divides Hamilton's creek from Mill creek, thence to the Mill mountain, and with the same to the north corner of the line of Rockbridge county, thence along the said mountain crossing the line of Botetourt county to the ridge that divides the waters of Pad's creek from those of Simpson's creek, thence along the said ridge to the Cow-pasture river, thence crossing the said river a direct course and crossing Jackson's river at the mouth of Dunlap's creek, thence up the same as far as the narrows above the plantation of David Tate, Senr., so as to leave the inhabitants of the said creek in Botetourt county, thence a direct course to the top of the Allegany mountain where the road from the Warm Springs to Greenbrier court house crosses the said mountain, thence along the top of the said mountain opposite the headwaters of Anthony's creek, thence a direct course crossing Greenbrier river to the end of the Droop mountain, thence up the same to the great Greenbrier mountain thence along the said mountain to the line of Randolph county thence with the same along the said mountain dividing the waters of Monongalia and Cheat from those of Greenbrier river, and thence to its beginning shall form one distinct county."

The above is quoted in full since the names used are still in use, and it is possible to judge from them the extent of the county. Warm Springs is still in Bath, but Narrows is in Giles County, and Alleghany County lies between Bath and Giles.

The name Bath derives from the medical springs within its boundaries, which for many years during the summer months were visited by persons from as far south as Louisiana. Families drove up in their carriages and stayed for months to enjoy the curative effects of the waters and bracing mountain air.

The third county formed in 1791 was Mathews which was taken from Gloucester. It lies "to the eastward of a line to begin at the mouth of North river, thence up the meanders thereof to the mill, thence up the eastern branch of the millpond to the head of Muddy creek thence down the said creek to Piankatank river." The name is said to be in honor of a Major Thomas Mathews of the Revolution who afterwards was prominent in the legislature representing the Borough of Norfolk in the House of Delegates from 1785 to 1791.

In 1793, there were also three counties formed. One of these, Grayson, was taken from Wythe as follows: "Beginning in the Was.h.i.+ngton line where it joins the Iron Mountain, thence along the said mountain to a spur of the same that forms Ewing mountain, keeping the ridge that divides the waters of Cripple and Bush creeks to the top of the said mountain, thence a straight course to the Popular Camp mountain by Rose's mill thence to the mouth of Greasy creek thence a straight course to the Montgomery line." Grayson took its name from Colonel William Grayson, an officer in the Revolution, member of the Continental Congress and one of the first two senators elected from Virginia after the adoption of the Const.i.tution to serve in the Congress of the United States.

Unfortunately his tenure of office was short; he died 12 March 1790.

Also in 1793, Russell County was divided and all that part "which lies westwardly of a line beginning on the top of Clinch mountain, one mile eastwardly of big Maukason gap, thence a direct course to the mouth of Stock creek thence up the same to Powell's mountain, thence due north to the Kentucky boundary shall form one distinct county and be called and known by the name of Lee." The name honored General Henry Lee who was Governor of Virginia 1791-1794. He is more often called "Light Horse Harry Lee" from the fact that he commanded, during the Revolution, light horse cavalry. He was the father of General Robert E. Lee. Lee is the county farthest to the west and adjoins Tennessee and Kentucky.

Also in 1793, the county of Madison was formed from Culpeper. Its bounds were within a line "Beginning at the mouth of Robinson river thence up the same to the mouth of Crooked run, thence up the said run to the mountain road where Tennant's church formerly stood, thence a straight course to the head of Hugh's river in the Blue Ridge, thence the same course continued to the top of the ridge and to the line of Shenandoah county, thence westwardly on the top of the ridge with the lines of the counties of Shenandoah and Rockingham to the line of Orange county to the beginning." One may wonder that the name Madison was used again, but at this date the earlier Madison County lay in Kentucky. When in 1792 Kentucky achieved statehood, it was composed of nine counties formerly in Virginia; namely: Fayette, Lincoln, Jefferson, Madison, Mercer, Nelson, Bourbon, Mason and Woodford.

Four years after Madison County, Virginia was formed, Brooke was cut from Ohio County. This name was for Robert Brooke, Governor of Virginia 1794 to 1796. He was a grandson of the Robert Brooke who, in 1716, accompanied Governor Spotswood on the famous expedition across the Blue Ridge Mountains. Both Brooke and Ohio are now in West Virginia.

In 1798, Wood was established from Harrison County. It is named for James Wood, Governor of Virginia 1796 to 1799, and son of Colonel James Wood, an early settler in the Valley of Virginia, and founder of the city of Winchester. Wood and Harrison are also West Virginia counties.

The next county created, also destined to lie in West Virginia, was Monroe. This was formed from Greenbrier County and named to honor James Monroe. Born, like General Was.h.i.+ngton, in Westmoreland County, he had a long political career culminating in the Presidency of the United States. The creed he expounded, called the "Monroe Doctrine", is still followed by our government.

THE NEW CENTURY BRINGS SIX NEW COUNTIES 1800-1810

As the new century, 1800, came in, Tazewell was formed from Wythe and Russell counties. Its bounds were all that part of the aforesaid counties "beginning on the Kanawha line and running with the line which divides Montgomery and Wythe counties to where the said line crosses the top of Brushy mountain, thence along the top of the said mountain to its junction with the Garden mountain, thence along the top of the said mountain to the Clinch mountain, thence along the top of the said mountain to the head of Cove creek, a branch of the Maiden Spring fork of Clinch river; thence a straight line to Mann's gap in Kent's ridge; thence north forty-five degrees west, to the line which divides the state of Kentucky from that of Virginia; thence along said line to the Kanawha line and with said line to the place of beginning." The name honored Henry Tazewell, United States senator from Virginia 1794-1799.

In 1801, Virginia made a second attempt to honor Thomas Jefferson by naming the new county taken from Berkeley in his honor. The Jefferson County formed in 1780 was, in 1801, a part of Kentucky and this new county was destined to fall in West Virginia; hence no county within the present confines of the state honors this great Virginian.

Harper's Ferry, situated in Jefferson County at the confluence of the Shenandoah with the Potomac River, is as well known for the beauty of its location as for being the site of John Brown's Raid, the prelude to civil warfare. Incidentally it may be noted that the Shenandoah afforded an outlet to market for the produce of the Valley of Virginia since boats could pa.s.s down its waters into the Potomac and thus to Chesapeake Bay.

In 1804, the new county of Mason was formed from Kanawha. It was bounded as follows: "beginning at the mouth of Little Guyandotte River running from thence to the northwest corner of a survey of 1437-1/2 acres made for Thomas Lewis in Teaze's valley near the house of Joshua Morris, from thence to the mouth of Little Hurricane creek, thence crossing the Kanawha river and taking a dividing ridge between Eighteen Mile and Pocatallico creeks to the end thereof, thence pursuing a northeast direction till it intersects the Wood County line to the Ohio, thence down the Ohio to the beginning."

Within this county lies Point Pleasant, scene of the famous battle.

This was the second time that Virginia had attempted to pay honor to George Mason of "Gunston Hall", author of the Bill of Rights. The earlier Mason County formed in 1789 became a part of Kentucky three years later, and the later Mason was destined to lie in West Virginia.

George Mason, Thomas Jefferson and the Marquis de la Fayette are not represented in the list of Virginia counties.

The county of Giles formed in 1806 was created from portions of Montgomery, Monroe and Tazewell counties, and is now a border county between Virginia and West Virginia. Its boundaries are thus described: "Beginning at the end of Gauley mountain on New River, where the counties of Greenbrier and Kanawha intersect, thence up the river with the Greenbrier and Montgomery lines to the intersection of Monroe line; thence with the Monroe and Montgomery line to the upper end of Pine's plantation; thence a straight line to the mouth of Rich creek, leaving the plantation of Hugh Caperton on the right; thence with the Monroe line to the intersection of Botetourt County line and with the Botetourt and Montgomery lines to the top of Gap mountain; thence along the top of the said mountain to New River crossing the same to the end of Walker's creek mountain; thence along the top of the said mountain to the intersection of Wythe county line; thence northwestwardly with said line to the intersection of Tazewell line, and with the Tazewell and Montgomery line to the top of Wolf creek mountain; thence along Wolf creek mountain to a path leading from the Round Bottom to Harman's mill about three miles below the mouth of Clear Fork of Wolf creek; thence a straight line to the mouth of Militin's fork; thence a direct line to the head of Crane creek on the top of the Flat-top mountain; thence a direct line to the three forks of Guyandotte river; thence down said river until it intersects Kanawha county line; thence with said line to the beginning."

Mountain Lake is situated in Giles County, and is a well-known summer resort. It is also of interest for the wide range of plant life found in its vicinity. Members of the University of Virginia's Biological Department maintain a field station there and in the summer study the wide variety of plants growing nearby.

Giles County was named in honor of William B. Giles who in 1800 was prominent in Virginia politics. He later served as Governor 1827-1830.

In 1808 Amherst County was divided according to its parish lines, the western or upper part of the county which lay in Lexington Parish retained the name of Amherst, and the lower or more eastern part took the name of Nelson. This as will be recalled was the second attempt to honor Governor Thomas Nelson, whose Yorktown home still holds buried in its eastern wall two cannon b.a.l.l.s, grim mementoes of the battle of Yorktown.

Virginia has believed in honoring the men who have held the gubernatorial office, nineteen having been thus commemorated, and Cabell County formed in 1809 carried on the tradition. It honored William H.

Cabell, who served from 1805 until 1808 when he was chosen judge of the General Court. It later fell into West Virginia, and lies along the Ohio River.

1810-1820, DEVELOPMENT CONTINUES, FIVE NEW COUNTIES

In 1814, a Virginia county was formed from parts of Lee, Russell and Was.h.i.+ngton and named Scott. This name was selected because of General Winfield Scott, a native of Virginia who achieved fame because of his successes in the War of 1812. Later in the Mexican War he decisively defeated the Mexicans at Chapultepec, entering Mexico City as conqueror.

As a result of this war some 850,000 square miles became United States territory.

The bounds of Scott County are as follows: "Beginning at the head of Reedy creek where the wagon road crosses the same in the county of Was.h.i.+ngton thence down the Tennessee line to the south fork of Clinch river thence northward pa.s.sing the Flag Pond to the top of Powell's mountain in Lee County and along it to the county of Russell and with it to the Kentucky line, thence along c.u.mberland mountain to the head of Guese's river thence down the Clinch mountain thence to the western end of Samuel Hensley's plantation and thence to the beginning."

"The wagon road" mentioned in the above description is most likely the so-called "Wilderness Road" over which many west bound settlers laboriously toiled. The other route west that was often used was north to the present Pittsburgh and down the Ohio river. Powell's Mountain and the river of that name commemorate Ambrose Powell of Culpeper County, one of the earliest explorers of Kentucky who accompanied Doctor Thomas Walker there in 1749. In Scott County is the Natural Tunnel, a rare formation through which the trains of the Southern Railway Company pa.s.s regularly en route to Tennessee.

Tyler, the next county established, lies now in the northwestern part of West Virginia along the Ohio River but commemorates a Tidewater Virginian, John Tyler, Sr. He was born at "Greenway" Charles City County and served as Governor 1808-1811. His fame has been somewhat obscured by that of his son, John Tyler, junior, President of the United States.

The next county formed, Lewis, which was cut from Harrison, also lay later in West Virginia in the north central area. It derived its name from a heroic soldier, Colonel Charles Lewis who was killed at the Battle of Point Pleasant in 1774. Point Pleasant, situated near the confluence of the Great Kanawha with the Ohio River was the scene of a day-long b.l.o.o.d.y battle between the Virginia troops and Indian warriors led by Cornstalk and Logan. General Andrew Lewis, brother of Colonel Charles, was the commanding officer. The battle was hardly decisive and General Lewis wished to follow and annihilate the fleeing enemy. Lord Dunmore, in command of another detachment which arrived later, forbade this and allowed the Indians to escape. This may have been one of the reasons that influenced the Indians throughout the Revolution to espouse the British cause.

The establishment of Lewis County in 1816 was followed two years later by that of another county, Preston, formed from Monongalia, lying in the northeast corner of West Virginia, and adjoining Pennsylvania and Maryland. Preston County honored James Patton Preston, Governor of Virginia 1816-1819.

Parts of Greenbrier, Kanawha and Randolph were made into the new county of Nicholas in the same year that Preston was organized. Nicholas lies to the east of Charleston, the capital of West Virginia. Its name derives from Wilson Cary Nicholas, Governor of Virginia 1814-1816, and predecessor of Governor Preston.

1820-1830 TRANSPORTATION AND COMMUNICATIONS IMPROVE, FOUR NEW COUNTIES

The next county to be created was taken from Hamps.h.i.+re and Berkeley and represented a northern rather than a western expansion. It received the name Morgan from General Daniel Morgan, one of the outstanding generals of the Revolution who defeated Colonel Tarleton in the Battle of the Cowpens.

The bounds of Morgan County are thus set forth: "Beginning at the mouth of Cherry's Run at the river Potomac in the county of Berkeley, thence up the middle of said Run to its source, thence due west to the top of Sleepy Creek Mountain, thence along the top of said mountain to the line that separates the counties of Frederick and Berkeley, thence with the said line to the county of Hamps.h.i.+re, thence a direct line until it strikes the river Potomac opposite Mitch.e.l.l's Rock and thence by the river Potomac to the beginning."

Pocahontas County created in 1821, a year after Morgan had been formed, and likewise a West Virginia county, lies in the southeastern section of the state opposite the Virginia county of Alleghany. Its name was a long delayed tribute to the fine character and achievements of the Indian maid Pocahontas. She both aided the settlers at Jamestown with gifts of sorely needed food, and by her marriage to John Rolfe secured eight years of peace for them. This period was vital to their survival.

Pocahontas lies in a mountainous region rich in bituminous coal deposits, so much so that Pocahontas coal is known everywhere. The description of the county's bounds notes the lines of Greenbrier, Bath, Randolph and Pendleton counties and "Randolph court House." This is the first mention of a courthouse anywhere in this area.

After discussing eight counties now in West Virginia, we come to a Virginia county, Alleghany, formed in 1822 from Botetourt, Bath and Monroe counties. It is the name the Delaware Indians gave both the Ohio and the Alleghany rivers, but its origin is uncertain. Presumably, the mountains took their name from the river. Within the bounds of Alleghany County the Jackson and the Cow-pasture rivers unite to form the James River, the longest river in the state and the most important in its early history.

Its bounds were thus described: "beginning at the top of the middle of Potts' mountain, where the road leading from Fincastle to the Sweet Springs crosses the same; thence with said road to the top of Peter's mountain; thence a straight line to the Greenbrier county line on the top of the Alleghany mountain so as to pa.s.s between the Sweet and Red springs; thence with the top of the Alleghany or Greenbrier line to a certain point so that a straight line drawn thence to include in the new county Captain Henry Ma.s.sie's plantation in the Falling Spring Valley may also include Archibald Morriss's plantation on Jackson's river in said new county; thence a straight line from the said Ma.s.sie's across the Cow-pasture river immediately below William Griffin's on said river to the Rockbridge county line; thence with said line to a point in the Rockbridge and Botetourt line so that a line drawn from thence will pa.s.s at or near the junction of Jackson's and Cow-pasture rivers to the nearest part of the Rich Patch mountain; and this line to be so run as to leave the house and yard of Captain John Jordan in the county of Botetourt; thence with the highest points of the said Rich Patch mountain next to Craig's creek so as to include the inhabitants of the Rich Patch in said new county, to a point at which it unites with Potts'

mountain, thence with the top of the said mountain to the beginning."

In 1824 the county of Logan was formed from portions of Giles, Cabell, Tazewell and Kanawha counties. It lay in the southwestern part of the present West Virginia not far from the Kentucky line. The name derives from the Mingo Indian chieftain whose famous speech preserved by Thomas Jefferson was long a popular selection for young would-be orators.

1830-1840 LARGE INCREASE IN POPULATION NECESSITATES FOURTEEN NEW COUNTIES

For seven years, there was no further expansion until in 1831 when the Virginia county of Floyd was formed. This was taken from that part of Montgomery County adjacent to the counties of Franklin, Patrick and Grayson. The name is in honor of John Floyd, Governor of Virginia 1830-1834. It is a beautiful county of high mountains, fertile valleys and good blue-gra.s.s pasture land.

Its bounds were thus prescribed: "Beginning at the widow Litterell's, thence a straight line to John Thrasher's; thence a straight line to John Cooper's old place; thence a straight line to where the Waggon road crosses the Laurel ridge; from thence along the highest part of said ridge to Little river; and down the same to Mack's mountain; and with the same to the Grayson line and with the same to the Patrick line and with the same to the Franklin line and with the same to the line of Montgomery and Franklin, opposite the widow Litterell's; from thence a straight line to the beginning."