How Justice Grew Part 6

Anderson's; thence a straight line to the mouth of Scott's branch about a mile before the mouth of Joshua's creek on James river; and thence down the said river to the beginning."

In 1846, in the northwestern portion of the present state of West Virginia, the new county of Wetzel was set up from Tyler. The following landowners are named as living within its bounds: "James Peden (or Paden), Richard Anchrom and Rueben Martin, esquire." The county was so called "in honor of Louis Wetzel, the distinguished frontiersman and Indian scout, the Boone of Northwestern Virginia."

As if feeling this action a little unfair, the a.s.sembly next year, when a new county was to be created, named it Boone "in honor to and in memory of Daniel Boone the well known pioneer of the western frontier settlements." Boone was taken from parts of Kanawha, Cabell and Logan counties and lies south of Charleston, the state capital.

In this same year, the county of Alexandria was added to Virginia's jurisdiction. The a.s.sembly enacted "That the territory comprising the county of Alexandria in the District of Columbia heretofore ceded by this commonwealth to the United States and by an act of congress approved on the ninth day of July eighteen hundred and forty-six retroceded to this commonwealth, and by it accepted, is hereby declared to be an integral portion of this commonwealth and the citizens thereof are hereby declared to be subject to all the provisions, and ent.i.tled to all the benefits, rights and privileges of the bill of rights and const.i.tution of this commonwealth."

In 1791, to aid in establis.h.i.+ng the Federal City, as Was.h.i.+ngton was sometimes called, Virginia gave to the United States certain land taken from Fairfax County to form a part of the District of Columbia. In the Act quoted above it has been seen that the United States retroceded to Virginia that part of the District of Columbia which comprised the county of Alexandria. The name in 1920 was changed to Arlington.

Across the state from Alexandria the new county of Highland came into being in 1847, being taken from parts of Pendleton and Bath. Its bounds are thus given: "Beginning where the North river gap road crosses the Augusta county line, and running thence to the top of Jackson's mountain so as to leave Jacob Hiver's mansion house in Pendleton county; thence to Andrew Fleisher's so as to include his mansion house in the new county; thence to the highlands between the Dry run and Crab bottom; and thence along the top of the High k.n.o.b; thence north sixty-five degrees west to Pocahontas county line; thence along said county line to the plum orchard on the top of the Alleghany mountains; thence to Adam Stephenson's mansion house on Jackson's river in Bath county so as to include Thomas Campbell's mansion house on Back creek and also said Adam Stephenson's in the new county; thence to Andrew H. Byrd's mansion house on the Cow-pasture river so as to include the same in the new county, and so as to leave the dwelling house of William M'Clintick, jr. in Bath county; thence south sixty-five degrees east to the Augusta county line and thence with said line to the beginning."

The name of the county is derived from its exceptionally high alt.i.tude, and the name of its county seat, Monterey, reflects the popular interest felt in the victory General Taylor had just won over the Mexicans at the Battle of Monterey.

After the formation of Highland County five counties destined to lie in West Virginia were established. The first of these, Hanc.o.c.k, created in 1848 out of Brooke, lies in the extreme northern tip of the present state between the Ohio river and the Pennsylvania state line. Its name honors the first Signer of the Declaration of Independence, whose distinguished signature is familiar through countless reproductions.

In this same year from portions of Jackson and Wood counties was formed Wirt. This is in the northwestern area of the state not far from Parkersburg. In the description of bounds, only three land owners are named, John Stephens, junior, John P. Thoma.s.son and William Goff.

The name of the county honored the distinguished lawyer, William Wirt, who had died a few years before. He had served as Attorney General of the United States from 1817 to 1829 and had been a candidate for the Presidency on the Anti-Masonic ticket in 1832. He is best remembered for his life of Patrick Henry.

The third county created in 1848 was Putnam, composed of parts of Kanawha, Cabell and Mason counties, and lying to the west of the city of Charleston. Its name recalls a hero of the Revolutionary War, General Israel Putnam who distinguished himself at the Battle of Bunker Hill and became a popular hero.

1850-1860 EBBING TIDE, TWELVE COUNTIES

The year 1850 saw the formation of two more counties now in West Virginia. The first one, Raleigh, was taken from the southern part of Fayette. In its bounds, the lands of Isaac Sonners and Jackson Jarrell, and the New, Coal, and Guyandotte rivers are noted. The name was "in memory of Sir Walter Raleigh who made the earliest effort to colonize Virginia." It is pleasant to see that Virginia finally recognized her debt to this valiant soul, even though it was tardily done, for he died in 1618.

A few days after Raleigh became a county, the Virginia a.s.sembly enacted that the county of Wyoming be erected out of the county of Logan.

Wyoming lies in the southern central portion of West Virginia. The reason for the name is obscure, whether it was for the beautiful Wyoming Valley in north central Pennsylvania watered by the Susquehanna River, or for the brutal ma.s.sacre of its inhabitants on 4 July 1778 by a British and Indian force is unknown.

Half of the nineteenth century has pa.s.sed and our narrative has only a few more years to chronicle. In 1851, three counties were formed. One of these, Craig, remained in Virginia. It was taken from parts of Botetourt, Roanoke, Giles and Monroe.

Its bounds were as follows: "Beginning on the top of the Middle mountain at the corner of Monroe and Alleghany counties, near Achilles Dews, and running with the Alleghany line to the top of Peters' mountain; thence westward along the top of said mountain to a point nearby opposite to the house of Boston Rowan; thence crossing Potts' creek to a point one fourth of a mile below said Rowan's so as to leave said Rowan's in the county of Monroe; thence a southwestern direction to the top of Potts'

mountain, so as to leave Armentrout, Fridley and Rose in Monroe; thence westward along the top of said mountain to a point opposite Colonel R.

M. Hutchinson's on John's creek, and thence a straight line including said Hutchinson in the new county, and crossing Sinking creek valley to William Niday's, including said Niday in the new county, to the Montgomery line; thence eastward with the Montgomery line to the corner of Roanoke and Montgomery; thence with the Roanoke line to the top of Brush mountain; thence eastward along said mountain, crossing the Cove branch where John Carper formerly lived; thence along the same range of mountains pa.s.sing near Lilburn Doss's, crossing Stone Coal gap; thence along the same range of mountains, crossing Price's turnpike road to a point opposite Daniel Sizer's; thence a northwestern direction crossing Craig's creek above said Sizer's to a point one mile from Craig's creek on the ridge; thence to Andrew Persinger's on Barber's creek; thence to the Alleghany line and with the same to the beginning."

The name of the county honored Robert Craig, member of Congress from Virginia 1829-1834, 1835-1841.

In the same month in which Craig was set up, the new county of Upshur was created from parts of Randolph, Barbour and Lewis, all now in West Virginia. The starting point in the description of its bounds reads as follows: "Beginning at a rock or milestone on the Staunton and Parkersburg turnpike road ten miles east of Weston in Lewis County."

This shows that transportation had developed sufficiently to connect places on the Ohio River with other sections of Virginia.

Upshur County took its name from Abel P. Upshur whom President Tyler appointed Secretary of State to succeed Daniel Webster. Upshur was killed 28 February 1844 by the explosion of a new type of cannon which was being tested on the U.S.S. _Princeton_.

Also in March 1851, from the counties of Tyler, Wood and Ritchie the new county of Pleasants was established. This lies in the area around Parkersburg in the northwestern part of West Virginia, along the Ohio River. The name honored the memory of James Pleasants, Governor of Virginia, 1822 to 1825, member of a family long resident and prominent in the state.

Five years pa.s.sed and in the interval population had increased to such an extent in the western part of Virginia that four county governments had to be set up to take care of legal needs. One of these, Wise, formed from portions of Lee, Scott and Russell counties, remains in Virginia.

The name honored Henry A. Wise, Governor of Virginia 1856-1860.

The bounds of the county were as follows: "Beginning at the break of c.u.mberland mountain on the Kentucky and Virginia line where the Pound fork of Sandy breaks through the c.u.mberland mountain; thence up the Pound fork to the mouth of Crane's nest, a water of said Pound fork; thence with the dividing ridge between the waters of Crane's nest and McLure's, to William Taylor's farm, including said Taylor's farm in the new county; thence a straight line to the mouth of Lick creek; thence down Clinch river to the mouth of Guest's river; thence up Guest's river one mile; thence a straight line to the Camp rock south of the High k.n.o.b; thence a straight line to the Pole fence on Little Powell's mountain, on the line dividing Scott and Lee counties; thence with said county line to the head of Stock creek including the farm of Zachariah N. Wells in the said county; thence a straight line to the Cedar gap near Powell's river; thence a straight line to the dividing ridge between the waters of Crab orchard and Pigeon fork; thence with said dividing ridge to the Kentucky line and thence with the Kentucky line to the beginning."

In the Act creating the county it was ordered that the "said seat of justice shall be known as Gladesville," but the present county seat is called Wise.

As has been said, Wise was the only one of the four counties erected in 1856 that remains in Virginia. The next county formed was Calhoun taken from the lower portion of Gilmer County beginning at the West Fork of the Little Kanawha River. The name derives from the great South Carolina statesman who succeeded Abel P. Upshur as Secretary of State and was long outstanding in politics.

At the same time that Calhoun became an ent.i.ty, parts of the counties of Kanawha, Jackson, and Gilmer lying a little to the west of Calhoun became Roane County. The description of its bounds is startling when it mentions "the Ravenswood and California turnpike in Jackson county," but later we learn that California is a town in Jackson County.

With regard to Roane County, "its name and that of its seat of justice, Spencer, commemorate that of him [Spencer Roane] whose life and public services added l.u.s.tre to the annals of Virginia jurisprudence." Spencer Roane was "judge of the Supreme Bench 1794 to 1822."

The next county was Tucker formed out of the northeastern portion of Randolph County and adjoining also the counties of Hardy, Preston and Pendleton. The county seat appropriately bore the name of Saint George.

The county was "named in honor of Saint George Tucker the eminent Virginia jurist while the seat of justice derives its name from Saint George Tucker who was Clerk of the House of Delegates at the time the county was formed."

Two years later in 1858, three more counties were established, one of which, Buchanan, was destined to remain in Virginia, and the other two in West Virginia.

McDowell, one of the two, was taken from the northwest portion of Tazewell County and remains a border county between the two states, "The ridge between Abb's Valley and Sandy" is one of the bounding lines noted in the description; it recalls the Indian Ma.s.sacre that occurred in that Valley and the many stories related about it.

The name of the county honors James McDowell, elected Governor of Virginia in 1843 and serving until 1846.

Clay County formed also in 1858 was created out of the southern part of Braxton County and the northern part of Nicholas. Among the property owners whose lands were mentioned as within its bounds, were Thomas Jarvis, jr., James Rogers, Charles Ruffner, who with others owned a twelve thousand acre tract "(near the farm of William Nichol, Sr.),"

Strother B. Grose and Abraham Dilly.

The county was so named in honor of Henry Clay, the great Kentucky statesman who had died only a few years before its formation.

The Virginia county established in 1858 from parts of Tazewell and Russell was Buchanan, named for James Buchanan, President of the United States 1857-1861.

Its bounds were as follows: "Beginning at the state line between Kentucky and Virginia and with said line to its intersection with the line of Wise county, to the top of the dividing ridge between the waters of Sandy and Clinch and with said ridge eastwardly to the head of Dismal, a branch of the Lavica fork of Sandy river; then with the dividing ridge between the waters of Dismal and the waters of the Dry fork of Sandy and with the ridge between the waters of the Lavica fork and the Dry fork to the ridge between Knox creek and Bull creek to Tug river and down Tug river to the beginning."

1860-1870 RECESSION, TWO COUNTIES

In 1860, an Act was pa.s.sed to create the new county of Webster from portions of the counties of Nicholas, Braxton and Randolph, all to be later in West Virginia. The name honored Daniel Webster, the prominent statesman who had died only a few years previously.

In March 1861, the new county of Bland, taken from portions of Giles, Wythe and Tazewell and named for Richard Bland of Revolutionary War fame came into being. Its bounds are thus set forth: "beginning at the top of Walker's Little mountain at the line between Wythe and Pulaski and running northwards with said line of Pulaski, to the top of Walker's Big mountain; thence eastward along the top of said last mentioned mountain to a point opposite the mouth of Kimberling creek; thence by a line northward pa.s.sing through the mouth of said Kimberling creek to a point on the top of the mountain which lies south of Wolf creek, three miles east of the present county line between Giles and Tazewell counties; thence to a point on the top of East river mountain two miles east of the present county line between Giles and Tazewell so as to include the homestead of Madison Allen and his lands adjoining thereto; thence with the top of the said East River mountain westward to a point two miles west of George Steel's house on Clear fork; thence across and by a line as near as may be at right angles to the course of the valley between to the top of Rich mountain and westward along the top of said Rich mountain so far as to include the settlement of Wolf creek, thence across the top of Garden mountain; thence along the top of Garden mountain to a point through which the line between Wythe and Smyth would pa.s.s if prolonged; thence by said prolonged line to the said line between Wythe and Smyth and by the last mentioned line to the top of Walker's Big mountain; thence eastward with the top of said Walker's Big mountain to a point opposite the headwaters of Walker's Little creek; thence across to the top of Walker's Little mountain, thence to the top of said mountain eastward to the beginning."

Hardly was the ink dry on the Act quoted above when war precluded further settlements and expansion. Not for nearly twenty years would another and the last county be established.

FINIS--ONE COUNTY

In March 1880, out of the counties of Russell, Wise, and Buchanan was formed the new county of d.i.c.kenson, named for a prominent member of the Readjuster Party, then dominant in Virginia.

Its bounds noted in great detail are as follows: "beginning at Osborn's gap in c.u.mberland mountain on the state line; thence a straight line to the top of George's Fork mountain at a point where the road crosses said mountain; thence with the top of the mountain to the head of Lick branch, a tributary of Crane's nest creek; thence a straight line to the mouth of Birchfield creek; thence up Crane's Nest creek to the mouth of Lion's fork; thence up said creek to the forks of said branch; thence up the Fork spur to the top of Crane's Nest bridge; thence a straight line to Sandy Ridge meeting-house in the county of Wise on the top of Sandy Ridge; thence with the top of Sandy ridge to the James Porter farm at the head of Nancy's ridge; thence a straight line to Trammel gap on Sandy ridge, thence with the top of Sandy ridge with a line of Russell county to the James P. Kiser farm, thence a straight line to Henry Kiser's farm on the top of Sandy ridge at the Russell county line; thence with the Russell county line to James Rasnaker's farm, including said farm in the new county; thence down the Cany ridge to the mouth of Cany creek; thence down Indian creek to its mouth; including J. H.

Duly's farm; thence down Russell's fork of Sandy river to the mouth of Panpan creek, including Andrew Owen's dwelling house; thence a straight line to the mouth of Greenbrier creek, a tributary of Prater creek; thence a straight line to the Big meadow gap; thence down a branch to Gressy creek; thence down said creek to the mouth of Russell's fork of Sandy river; thence down said river to the state line of Virginia and Kentucky; thence with the state line to the beginning."

The formation of d.i.c.kenson County in 1880 completed all the local organizations authorized by the Virginia a.s.sembly from 1634 up to the present, though in many counties minor changes in bounds have been enacted from time to time.

We have seen the little feeble settlements along the James River extend like a rising tide now east, now south, now north and finally with great impetus to the west. Each settlement as it was established proceeded to put into effect the concepts of law and order as practiced at Jamestown, and handed down from father to son. The principle of representative const.i.tutional government as evidenced in the first General a.s.sembly of 1619 may be called the sacred fire each settlement took with it and carefully tended. It was the one thing all shared whether they lived by the James River or high on the Blue Ridge. A settlement, a county, a state, each one must have law, order, ready justice, representative government. That is the theme underlying the development of Virginia which we have traced step by step. It is the theme underlying the development of our nation. Every American is a debtor to Jamestown for his heritage of representative const.i.tutional government.