A HISTORY OF ROCKINGHAM COUNTY VIRGINIA

John W. Wayland, Ph.D.

CHAPTER V. (Pages 65 - 111)

THE NEW COUNTY AND THE NEW NATION.
1777-1820.

November 22, 1779

"The Court taking into Consideration the dangerous & malignant Fever that for some months past has raged in the Family of Daniel Smith Gent. & the Apprehension of the people that there is Danger of the Disorder being contagious, to remove any Obstruction to the Administration of Justice & to quiet the minds of the Suitors & others who may have Business at Court, are of Opinion that the Court should be adjourned to the plantation of Thomas Harrison & it is hereby adjourned accordingly."
                                                                                    Signed by Daniel Smith.

The sum of L30 was allowed to Anne McCoy, mother of William McCoy, a soldier.

November 23, 1779.

The sum of L20 was allowed Saml. Thornhill, father of John Thornhill, a soldier in the service of the States; and L30 was appropriated for Theodisia Maiden, wife of James Maiden, a soldier in the same service.

It was ordered that the sheriff pay Gawen Hamilton L55 for a bookcase for the clerk's office.

It was proved in court that Robert Menzies was a soldier in Capt. Hog's company of rangers in 1758, and that he had also served in Capt. Gist's company in the campaign of 1760, (Footnote: Capt. Gist was doubtless the famous scout and ranger, Christopher Gist, who accompanied Washington on his perilous journey to the French forts in 1753.)

It was also established to the satisfaction of the court that John Smith, deceased, had been a lieutenant in Capt. John Smith's company of rangers in 1756, and had been killed at Fort Vause. Lieut. Smith was a brother to Abraham Smith. Claims for land were made upon the military service of Menzies and Smith.

It was ordered that Benj. Harrison, William Herron, and John Davis, or any two of them, "let out the Building of a Courtho. of square Logs with diamond Corners Thirty feet Long by 20 feet wide from out to out with a partition twelve feet in the Clear across the house divided into two rooms on 12 feet wide & the other 8 feet wide, the room 12 feet wide to have a neat stone Chimney inside at the Gavle End of it the whole to be floored with Earth as far as the Lawiers Bar & then to be raised with a plank floor to the Justices Bench which is to be raised three feet above the floor & the Breast of the Bench to be studed with a railed Top, the pitch of the house to be 10 feet clear Ceiling & lofted with Inch plank with two window on each side of the ho. facing the Clks. Table & one in Each of Jury rooms the windows 18 Lights each Glass 8 by 10 Inches, with a Door on -- side just Clear of the Jury rooms."

This order was evidently to take the place of the one issued May 25, preceding, as shown above. Accordingly, it appears that the first court house was built of logs instead of stone, and that in size it was 20x30 feet instead of 26x36. Neither the court house nor the jail seems to have been completed before the end of 1783 or the beginning of 1784.

March 27, 1780

The following were sworn in as captains of militia:
Josiah Harrison, Richard Reagan, Jeremiah Beasley.
The following as lieutenants:
Joseph Rutherford, Stephen Conrod, Robt. Smith.
The following as ensigns:
Jacob Havener and Elliot Rutherford.

An allowance of L120 was made for the relief of Jemima Kelly, wife of Emanuel Kelly, a soldier from Virginia in the army of the United States. This allowance was made in accordance with a recent Act of the State Assembly, and was probably to be reimbursed from State funds.

March 28, 1780

The court proceeded to rate the ordinary prices, for the articles named, as follows:

(Footnote: From the figures in the above schedule, as well as from other items preceding and following, it is easy to see how the purchasing value of the continental currency was decreasing. It thus continued to decrease until it had value only in the proverb: "Not with a Continental." And yet, by a fateful irony of circumstance, men were being arraigned, even in Rockingham, for speaking words tending to depreciate it.)

David Laird proved that he had served as a corporal in Capt. Hog's company of rangers, from the time the said company was raised until it was discharged at Bedford, and that he had not received any warrant for land under the provisions of royal proclamation in 1763.

George Huston and John Fitzwater were sworn in as captains of militia.

Jacob Pence proved that he had served as a soldier in Capt. Hog's company of rangers from the beginning of the said company in 1757 until it was discharged at Bedford, making oath that he had never received any warrant for land, as provided in 1763.

Robt. Minnis made it appear that he had served as a soldier in Collo. Byrd's regiment, &c.

John Stephenson proved that he had been a soldier in the independent company under Capt. McClanahan, and also had served in Boqueter's (?) company, &c.

April 24, 1780

Geo. Armentrout proved that he had served in Capt. Hog's company of rangers, &c.

Daniel Grubb proved service in the same company.

May 23, 1780

In the case of the commonwealth vs. McBride, the latter being adjudged guilty, was subjected to a fine of L250 and four days' imprisonment.

June 9, 1780

At a special session of the court, called for the examination of John Davis, suspected of being guilty of treason against the State, and of "other misdemeanors," Daniel Smith, Henry Ewing, Reuben Harrison, Thomas Hewit, and Benj. Harrison, justices, being present, the said Davis was upon trial adjudged guilty of treason, &c., and was ordered sent to the general court to be tried for the same. Furthermore, Seruiah Stratton, James Rodgers, and William Gregg were bound, each in the sum of $10,000, to appear in the case as witnesses on the 6th day of the general court to be held at Richmond the following October.

June 26, 1780

"Frederick Price, being bound over on Recognizance taken before Danl. Smith Gent for drinking the King of gt Britain's health & Huzzas for sd King," was tried and bound over to the grand jury court to be indicted, himself in the sum of L10,000, with Augustine Price and George Mallow, securities, each in the sum of L5000.

John Nicolas, Abraham Hammond, and Jacob Arkenbright were bound, each in the sum of L1000, to appear in the above case as witnesses.

"Ordered that Benja. Harrison & William Herring Gent be empowered to agree with the Undertaker of Courtho to omit the partion of the East End of the house for the Jury rooms & to sink the Joyst of the upper room from Gavel of the sd East end to the Joyst over the front Door so as to make a Jury room above wi a pair of Stairs in the Corner, or two jury rooms if the space will admit of it."

(Footnote: Evidently, as the process of building continued, the temple of justice was growing smaller. The burden of war was bearing heavily upon the young county.)

August 29, 1780

Silas Hart, Henry Ewing, John Davis, and William Herring were appointed commissioners to let the building of a county jail, according to the plan agreed on by the court, to the lowest bidder, "between this & the Nov. Court, & to give publick notice thereof."

October 23, 1780.

"On the application of John Magill setting forth that he has kept Ruth McDonald Daughter of Randall McDonald a soldier from this County in the Army of the United States 18 months by agreement of the sd. Randall which being expired, & her Father still in the Service the Court are of opinion that the said Magill be allowed L35 for a barl of Corn & 200 Dolrs for 50 w of pork for the support of the said Ruth McDonald for 1 year."

"The Court taking into Consideration the distressed Situation of Anne Gum & two young Babes widow & orphans of Claypole Gum a Soldier from this County who died in the service of the States recommend her to the board of Auditors for such relief as they think proper for her distressed circumstances."

October 24, 1780.

William Herring was sworn in as captain of militia: Joseph Dictam and Andrew Shanklin, as first lieutenants; Robt. Harrison as ensign.

George Boswell, upon commission from the governor [Thomas Jefferson] was sworn into the office of sheriff.

November 27, 1780

Zeruiah Stratton was sworn in as a captain of militia.

"A sufficient number of the grand jury not appearing [24 had been summoned] O that they be discharged & the following persons being summoned & called & not attending O that they be fined according to Law towit Jas. Beard Jo. Rutherford Zeb Harrison Adam Reader Peter Conrod James Dever Francis Stewart Jacob Lincoln & Nico. Cairn."

November 28, 1780

"Silas Hart John Davis Henry Ewing & Wm. Herring Gent Commissioners appointed to let the building the County Jayl reported that they had let out the building of the same to Cornelius Cain for Eleven Thousand nine hundred & Seventy three pounds, & retd. a Bond of Said Cornes. Cain wi security for the Due performance of said building."

Abraham Smith, having resigned the office of county lieutenant, on account of "his Disorder & Infirmities," the court recommended Danl. Smith for appointment in his stead.

The court allowed 3 barrels of corn, at L40 a barrel, and 150 pounds of pork, at 30 - -, to Frances Clough, wife of John Clough, a soldier in the service of the States.

The sheriff was ordered to pay Thomas Harrison L100 for holding 3 courts in his house.

March 26, 1781.

Daniel Smith, Gent., was sworn in as county lieutenant of the militia; George Chrisman and Reuben More, as captains; Jacob Lincoln, as a lieutenant.

"It is the Opinion of the Court that John Huston be allowed 60 dollars per Day from the 8th Jany till 18th Feby for acting as Dep. Comiss. to the militia sent down against Arnold."

March 27, 1781.

"O that the Clerk purchase a new Testament for the use of the Court & that the Sheriff pay him out of the Depositum."

"It is the opinion of the Court that James Davis a Commissary for the militia of this County ordered to the Southard in Sept last be allowed 80 Dollars per Day from 22d Sept till the 3d Novr. being 51 Days."

"Ordered that the late Sheriff [Abram Smith] pay Robt. Campbell the ballce due him for the original Contract in building the Courtho, being L187."

April 23, 1781.

Stephen Conrad was sworn in as a captain of militia, Capt. Jerema. Beeslie's company being divided.

"Ordered that the Sheriff collect Seven Shillings & Six pence in the pound from every person within this County on each pound tax that the said person is now taxed at in the present assessment as pay for the Waggon found by this County for the State."

"It is the opinion of the Court that Joseph Haines be allowed twenty pounds per day for acting as a Commissary to the prisoners Six Days when marching thro this, to Shandoah County."

May 28, 1781.

"Anderson Moffet an anabist Minister having satisfied the Court by a certificate from the Elders of his Sect that he is duely qualified to administer the Sacraments is licensed to perform the function of marrying by Banns or License in this County."

"The Court proceeded to alter the Ordinary rates in the following particulars towit

May 29, 1781.

Silas Hart was appointed to take the list of tithables in the districts of Huston and Young; Josiah Davidson, in the districts of Rice and Harrison; Anto. Reader, in the districts of Fitzwater and Ruddle; William McDowell, in the districts of Harrison and Dunlop; John Davis, in the districts of Herring and Magill; Michl. Coger, of his own company; Thos. Hewit, in Capt. Conrod and Capt. Beeslie's companies; James Dyer, in Capt. Johnson and Capt. Stratton's companies; Robt. Davidson, in his own company.

This appears to be the first instance in which the term "district" is used, referring to a subdivision of the county. The original divisions, recognized for the purpose of listing the tithables, were evidently made according to the localities making up the several companies of militia.

"The Court are of opinion that Henry Ewing be allowed twenty pounds per day for twenty-three Days that he acted as Commissary, of the provision Law & 100 Dollars for his Expences."

August 17, 1781.

Zeruiah Stratton produced an account in court for building a granary, and for receiving the grain tax, which was allowed and certified by the court.

"Thomas Hewit Gent is appointed by the Court to the Office of Sheriff for the ensuing year. O to be certified to his Excellency the Govr."

"It appearing to the Court that a traveller by the name of Moses Doughty with his wife & child was burnt up in the House of Adam Nelson & no relatives or other Connexions of the sd. Doughty appearing to claim administra. of his Estate consisting of a horse & a mare O that the Sheriff take the same into his possession being now in the Custody of Jno. Thomas Coroner & sell them at publick Vendue & make a return to the Court."

William Nalle was sworn in as lieutenant-colonel of the militia.

September 24, 1781.

Isaac Hankle was sworn in as a captain of militia to succeed Andrew Johnston, resigned. Michael Baker was also sworn in as a captain of militia.

The signature of Daniel Smith, presiding justice, appears under this date for the last time. He died before the next court, held in November. The next records are signed by John Grattan.

November 26, 1781

"Leave is granted to Samuel Gay to keep Ordinary at his house in Harrisons burg for one year from this Date."

A bill of sale of Moses Dougherty's estate was returned by the sheriff and admitted to record.

The court made out the following budget:

It was ordered that the sheriff collect 3s. in specie on every tithable in the county, as a levy for the ensuing year; or the equivalent value in paper currency, as fixed by the Assembly.

Income from 1450 tithables, L217 -10 - 0

November 27, 1781.

"Ordered that the late Sheriff [George Boswell] pay to Cornelius Cain the Money levied this last County Levy for building the County Jayl being L11973, the Commissioners who let the building of the same having reported that the it is finished according to the plan."

George Boswell, late sheriff, settled with the court, reporting a balance on hand of L580-7-0, on 1459 tithables, 8 supernumeraries, and 51 delinquents.

"O that Andrew Shanklen keep the Courtho for the ensuing year & provide a Stock Lock for the fore Door & an Iron Bolt for the other Door & provide the Court with Fire & Candles."

"Ordered that Robt. Campbell undertaker of the Courtho be allowed the further sum of L3.8 in Specie on the Depreciation as settled by the Assembly."

"O that Henry Ewing & William Herring Gent be appointed as Commissioners to let out the finishing the County Jayl to the lowest Bidder to [be] finished by the May Court."

February 18, 1782.

The former clerk [Peter Hog] being reported dead, Thomas Lewis was appointed clerk pro tem.

Benjamin Harrison, Bruer Reeves, and John Fitzwater were chosen, according to an Act of Assembly passed the preceding October, as commissioners to value the lands belonging to the sundry landholders of the county.

February 25, 1782.

Richard Matthews was appointed clerk pro tem., and Henry Ewing was elected to hold the office permanently.

March 25, 1782.

William Smith was sworn in as a captain of militia.

At a court opened March 26, 1782, and continued several days for adjusting claims, agreeable to an Act of Assembly passed in October, 1781, the following claims were presented and approved. The services rendered and supplies furnished were for the United States in the War for Independence.

Zebulon Harrison for 39 head of cattle, 24 hours at post, stableage for 2 horses 12 hours, corn and rations. Claim dated Dec. 4, 1781.

Josiah Harrison, for 6 days with his team in conducting British prisoners from the South to "Shanado Courthouse." Claim dated March 1, 1781.

Zebulon Harrison, for 700 lbs. of hay - clover and timothy - Feb. 24, 1781; 200 lbs. of beef for the use of British prisoners and guards, Aug. 20, 1781; for the use of the militia guard with British prisoners from this county to Shanado, 14 bu. of oats, at 1 s. 8 d., Dec. 4, 1781.

Josiah Harrison, for bullock driving, 1 day, Jan. 16, 1781.

Gideon Harrison, for bullock driving, 1 day, Jan. 18, 1781.

Archibald Hopkins, for 2 bags for the use of the militia going to "Tyger Valley," April 30, 1779, 18 s.; and for 1060 lbs. of flour, at 15 s. cwt., for the use of the militia ordered on duty, May, 1779. These two items were charged against the State; all others herein recorded were charged against the United States, unless note is made to the contrary.

Archibald Hopkins for 22 1/2 yds. of "Lining" [linen?] for a tent for the use of the milita ordered to Richmond on duty, at 2 s. a yard, Jan. 16, 1781; for 7 head of cattle, 3 years old, "Each Extraordinary large of that age Estimated at 400 lbs. Each," at 16 s. 8 D. per cwt., for use of the militia ordered on duty to Carolina, Oct. 3, 1780. (Footnote: A marked difference in the size of cattle has been registered since the 18th century. In 1710 the average weight of beeves sold in the Smithfield market was only 370 pounds. As late as 1795 the average weight of London beeves was only 800 pounds. See Bogart's Economic History of the United States, page 72. In recent years Rockingham cattle have reached a maximum weight of 2000 pounds or more.)

George Baxter, for 24 yds of "lining" for use of the militia, ordered on duty to Richmond, at 2 s. a yard, Jan. 16, 1781.

John Hopkins, for 4 head of cattle, estimated at 1900 gross, at 16 s. 8 d. per cwt. for use of the militia ordered on duty to Carolina, Oct. 3, 1780.

John Hopkins, for 245 lbs. flour, at 15 s. per cwt. for the militia ordered on duty to "Tygers Valley," May 5, 1779, This item was charged against the State.

John Hopkins, for the making of 7 tents, L2 10 s., for militia ordered on duty to Richmond, Jan. 6, 1781; for 21 4-3 yds. of "Lining," for the militia ordered on duty to Richmond, Jan. 6, 1781; for 1 1-2 bus. corn, at 2 s. a bushel, and pasturage for 7 horses, 1 night, at 6 d. each, Oct. 27, 1780.

Marthew Smith, "for one Black Horse 14 Hands High Well Made five years Old one Halter and Bell at 25L for the use of ye Mal. Ord, on Duty to tygers," April 29, 1782; charged to the State.

William Hook, for 21 3/4 yds. "lining," for the militia ordered on duty to Richmond, Jan. 18, 1781; for 3800 lbs. of "good timothy Hay," at 1 s. 6 d. per cwt., for the use of the guard removing prisoners from Albemarle barracks to Maryland, Jan. 20, 1781. - These prisoners were probably some of those taken at Burgoyne's surrender in October, 1777, and quartered for a year or two between Charlottesville and Ivy, in Albemarle County. (Footnote: For a detailed account of the sojourn of these prisoners in Albemarle, see Edgar Wood's History of Albemarle County, Virginia, pp. 31-44.)

James Bruster, for 98 days' service with a team, at 10s. a day, employed for the use of the militia ordered on duty to Richmond; account dated April 25, 1781; for 3 days' service with his team, at 15s. a day, employed in removing prisoners from Albemarle barracks, Jan. 10, 1781.

March 27, 1782.

John Hinton, for acting as forage master 7 days, at 5 s. a day; account dated Jan. 1, 1781; for a balance on a receipt for bacon, 50 lbs., at 1s. per lb., and for wheat 35 1/2 bus., at 6s. per bu., April 30, 1779. The last two items were charged to the State.

John Hinton was allowed other claims for cattle, flour, rye, flour casks, hay, corn, horse pasture, wagoner's rations, etc.

Thomas Moore, for 1 bullock, weight 440 lbs. neat, at 2 1/2 s. a pound, Febr. 25, 1781; for 18 "Diets" at 6d. each, and 7 horses, 1 night, at good hay, 7 1/2d. per horse, March 4, 1781.

James Bruster, for 9 days public service with his team, at 10s. a day; for feeding 1 public horse 3 days, at 1s. 3d. a day; for 1 horse in public service 38 days, at 1 s. 6 d. a day; for 4 four casks, at 2s. each; account dated Dec. 22, 1780.

John Davis, for 12 yds of "Course lin'g," at 2s. 6d. a yard, Jan. 16, 1781.

James Dunn, for 19 yds. "Course lining," at 2s. 6d. a yard, Oct. 5, 1780.

Elizabeth Shipman, for making 1 tent, 6s. 3d., Oct. 15, 1780.

John Crafford, for 16 yds. "lin'g" at 2s. 6d. a yard, Oct. 15, 1780.

William Diver, for "1 Kittle 1 Do 10s. per kittle," Oct. 5, 1780.

Ban. Wheton, for 10 yds. of coarse linen, at 2s. a yard, Jan. 16, 1781.

George Gartner, for 1 blanket, "good in Quality," 20s., Oct. 26, 1780.

Balser Counce, for 1 day public service with his team, Oct. 27, 1780.

Ralph Lofties, for 1 iron pot, 20s., Oct. 9, 1780.

France Ervin, for 919 lbs. flour, at 12s. 6d. per cwt., Nov. 7, 1780.

Henry Stolph, for 8 yds. of "Wolling not full'd," at 5s. a yard, Nov. 9, 1780.

John Bowman, for 9 yds. of "Do.," at 5s. a yard, Nov. 8, 1780.

John Cring, for 13 yds. of "Do.," at 5s. a yard, Nov. 9, 1780.

Daniel Love, for "4 Dozen of Oats," at 1s. 6d. a dozen, and 4 bushels of [oats?], at 2s. a bushel, Nov. 6, 1780 [?].

Margret Devier, for making 1 tent, 6s. 3d., Oct. 7, 1780.

George Long, for 1 1/2 bus. wheat, at 3s. a bushel, Nov. 14, 1780.

Godferry Hamileton, for 6 yds. cloth, at 5s. a yard, Nov. 9, 1780.

Richard Mathews, for "halfe a bus of allum," L1 10s., Oct. 7, 1780.

Thomas Shanling, for 3 days public service with his team, at 10s. a day, and for 4 1/2 bus. oats, at 1s. 8d. a bushel, Oct. 28, 1780.

Jacob Seth, for 6 days public service with his team, March 1, 1781.

William Devir, for 1 bell and strap and buckle, Oct. 13, 1780.

Robt. Williams, for 6 days public service with his team, March 1, 1781.

Isiah Shipman, for "1 Iron or Dutch oven, 1L," Oct. 6, 1780.

David Harnet, for 200 lbs. hay, at 1s.3d. per cwt., Nov. 3, 1781; for 300 lbs. hay, Jan. 14, 1781."To the Above Ord. to be aded 31 Galls. of Corn at 4D per gall., and 30 Diets at 6 per Diet."

"The aforesd. Receipts Granted to Mr. Harnet the Artickles Ware as appear to the Court for the use of the Mal. Called out by Col. Jno. Smith Lieut. of Frederick County In Order to Repulse the enemy When Makeing their Rout as Was Supposed toward the Albamarle Barricks To Retake the Con-n troops Whence the Immergency that Cased [?] Ocasion Every Man to ride [?] for Which."

David Harnet, for 1100 lbs beef, Nov. 20, 1780; for 24 diets, 1s. each, Aug. 27, 1781; etc.

Michael Couger, for 1000 lbs. beef, Nov. 20, 1780; for 24 diets, May 27, 1781; etc.

Michael Roarick, for 11 yds. coarse linen, Jan. 19, 1781.

William Donafin, for 1 gun, "Which Gun sd. Dunafin Lost In the Battle of Hot Water Being badly Wounded," L2 12s. (Footnote: The battle of "Hot Water" was fought, probably, on the 26th of June, 1781, not far from Williamsburg. If the engagement at the time and place mentioned was the "battle" named, Donafin was distinguished, since the Americans who took part therein were picked men, commanded by a Major Willis. See Waddell's Annals of Augusta, pp. 300, 301.)

John Harrison, for 26 diets, 6d. each, Nov. 13, 1781; etc.

John Armentrout, for 23 days with team, Dec. 11, 1780.

Peter Sellers, for 5 bus. corn, at 2s., Nov. 14, 1780; 5 bus. rye, at 2s.6d., Nov. 10, 1780.

Robt. Elliot, for 5 bus. corn, Nov. 14, 1780; etc.

Frederick Rob, for 19 bus. corn, Febr. 23, 1781.

Coonrod Fudge, for 96 lbs. pork, at 3d., Jan. 13, 1781.

"The Same With Mr. Harnets from Shando."

David Fudge, for 1 bu. corn and 3 suppers, at 6d. each, Jan. 13, 1781.

William Young, for 130 lbs. hay, for 10 sheaves oats, 1s., and for 8 diets, at 6d. each, Jan. 13, 1781.

"Same With Harnets."

Adam Hansberger, for 52 bus. corn, Nov. 5, 1780; etc.

David Fudge, for 1 bag, 6s., Febr. 19, 1781.

John Fudge, for 1 pair "Stilards," 12s. 6d., Sept. 16, 1781.

Coonrod Hansberger, for 87 yds. woolen cloth, colored blue, at 7s. 6d. a yard, Jan. 16, 1781.

Adam Hansberger, for 1 "Waggoner Cover Very Good," 40 shillings, Oct. 8, 1780.

Reis Thomas, for 1 good blanket, L1, Oct. 26, 1780.

John Thomas, for 4 diets, at 6d. each, and 2 quarts whisky, 2s. Febr. 26, 1781.

"Ord. that ye Sheriff summon Wm. Herring to attend Court tomorrow"