Iv Minute Book of the Virginia Court Held For
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IV MINUTE BOOK OF THE VIRGINIA COURT HELD FOR YO.HOGANIA COUNTY FIRST AT AUGUSTA TOWN (NOW WASHING TON, PA.), AND AFTERWARDS ON THE ANDREW HEATH FARM NEAR WEST ELIZABETH; 1776-1780. EDITED BY BOYD CRUMRINE. .OF WASHINGTON, PA. [Reprinted from ANNALS OF THE CARNEGIE MUSEUM, Vol. II, pp. 71-400, 190;] Pages 1-70 are not available in this Volume IV. MINUTE BOOK OF THE VIRGINIA COURT HELD FOR YOHOGANIA COUNTY, FIRST AT AUGUSTA TOWN (NOW WASHINGTON, PA.), AND AFTER WARDS ON THE ANDREW HEATH FARM NEAR WEST ELIZABETH; 1776-1780. EDITED BY BOYD CRUMRINE, OF WASHINGTON', PA. INTRODUCTORY. The minutes of this court, as well as those of the old Fort Dunmore court printed with an introductory sketch in Vol. I., pp. 505-56S of these Annals, are preserved in several old manuscript volumes of unruled paper, legal-cap size. The entries in these order books were evidently written hastily by the official clerks during the sessions of the court, accounting for the misspelling of many proper names and other words, and for frequent illegibility. They may have been intended to be copied out at length in the more formal records of the court proceedings ; but it is possible that, as the courts themselves as well as the Virginia territorial jurisdictions ceased to exist after the final running of the southern and western boundary lines, no other and more regular transcript of the orders was ever made, and that the records now published are the only ones in existence containing the judicial business of these ancient courts. These records are accurately copied, when at all legible, as spelled and capitalized in the original; even the punctuation is unchanged except now and then when thought to be absolutely necessary for in telligibility. For it is believed that when the details of local history are given, for the subsequent use of the general historian, this literal- ness of transcription gives color and strength to local incidents. So when one meets in old records with the name James Swolevan, he is interested in determining that the name must have been that of plain James Sullivan. And shall we say that the name " Worshington " was not " Washington " ? . 71"* 72 ANNALS OF THE CARNEGIE MUSEUM. Attention is called to the efforts made, as disclosed in the proceed ings of the Court of Yohogania County now published, to have the oath of allegiance to the State of Virginia administered to all the in habitants of the Monongahela and Ohio valleys, within the limits of the actually exercised jurisdiction of Westmoreland County, Pennsyl vania.1 Why are the records of these old Virginia courts found in the vaults of the court-house of Washington County, Pennsylvania? A reply to this question may be made as follows : On March i, 1780, just before the final ratification by Pennsyl vania and Virginia of the agreement at the Baltimore Conference, on the establishment of the boundary lines between the two states, and whilst all the territory of Washington, Allegheny, Fayette and Greene counties and of that part of Beaver county south of the Ohio River still formed part of Westmoreland County, erected in 1773, the legislature of Pennsylvania, "first of all the states," says III. Bryant's Hist, of U. S., 177, passed an act for the gradual emancipation of all the slaves within its jurisdiction.2 And on March 21, 17S1, Washington County was erected, the first new County out of old Westmoreland. Then on April 13, 17S2, less than two years after the Virginia courts had ceased to be held within the limits of Pennsylvania, and still before the boundary lines had been actually run on the ground, an act was passed by the general assembly of Pennsylvania, entitled " An Act to redress certain grievances within the Counties of Westmoreland and Wash ington.'" The preamble to this act recited : " Whereas a number of the inhabitants of Westmoreland and Wash ington counties have represented to the General Assembly that they labor under many inconveniences by reason that Before the Boundary was agreed to between the States of Virginia and Pennsylvania, many of the inhabitants aforesaid, conceiving themselves under the jurisdic tion of Virginia, which exercised judicial authority over them, had taken and subscribed the oath of Allegiance and Fidelity as prescribed by the laws and the usages of the said State, [and] are considered in many respects as not entitled to all the rights of free citizens of this State ; and but for the reason above mentioned they have had no opportunity •Sec the Order of Court on August 26, 1777, and 9 Henning's Statutes 2S1. 2 See Act of March I, 17S0, II. Carey & Bioren, 246; I. Dall. L., S3S ; I Smith's L., 492. 'This act is not found at length in any of the editions of our Pennsylvania laws, but see it noted as obsolete in I. Dall. L., p. 55. MINUTES OF COURT OF YOHOGANIA COUNTY. 73 of entering or registering their slaves agreeable to the Act of Assembly of this State for the gradual Abolition of slavery ; and that a number of the records and papers containing the proceedings of the late counties of Yohogania, Monongalia and Ohio are now in the hands of the late Clerks, who are not authorized to give exemplied copies thereof: " Then followed enacting sections providing that all the inhabitants of Westmoreland and Washington counties, whose names should be found in the records thereinafter mentioned, having and producing to the clerks of the General Quarter Sessions of the said counties respec tively " certified copies or certificates of their having taken the Oath of Allegiance and Fidelity to the State of Virginia before the said Bound ary was agreed to, shall be and they are hereby declared to be to all in tents and purposes free citizens of this state ; " and further providing that all such inhabitants " who were on the 23rd day of Sept., 1780,' possessed of Negro or Mulatto slaves or servants until the age of thirty one years," might register such slaves or servants under said act for the gradual abolition of slavery, " on or before the 1st day of January next; and the said master or masters, owner or owners of such slaves or servants shall be entitled to his or their services as by the said act is directed, and the said slaves and servants shall be entitled to all benefits and immunities in the said act contained and expressed.'' Then followed the final section : "And be it further enacted by the authority aforesaid, that the Clerks of the Orphans' Courts, the Registers of the probates of Wills and granting letters of administration, and the Recorders of Deeds, for the respective counties of Westmoreland and Washington aforesaid, shall be authorized and empowered to call on the late clerks of the said counties of Yohogania, Monongalia and Ohio, for all such papers and records in their custody or possession, which relate to or affect the taking of the oath or affirmation of Allegiance, the probates of wills, granting letters of administration, and the Recording of Deeds or other indentures of Bargain and Sale, of any of the inhabitants of the said counties of Westmoreland and Washington, and when they shall receive all or any part of the said papers and records as aforesaid they shall be lodged within their respective offices and become part of the records of said counties; and the said Clerks are hereby required 1 The day of the final ratification by Pennsylvania of the final agreement for the boundary lines ; VIII. Penna. Archives, 570. 74 ANNALS OF THE CARNEGIE MUSEUM. and enjoined on demand as aforesaid to deliver up intire and indefaced all such papers and records as aforesaid, and in case they or either of them shall refuse or neglect to deliver up the papers and records in manner and form aforesaid, they or either of them so neglecting or refusing shall forfeit and pay the sum of five hundred pounds, to be recovered by action of debt in any court of Common Pleas within this Commonwealth, for the use of the same. " Signed by order of the House, " FrecF k A. Muhlenburg, Speaker." Monongalia and Ohio counties, Virginia, did not become extinct, but were pushed out of Pennsylvania by the boundary lines established, and carried their records with them. The records of the courts at Fort Dunmore and for Yohogania County, thus became a part of the official records of Washington County, Pennsylvania. By reference to the record of the formal organization of the old Fort Dunmore court, Vol. I., p. 525 of these Annals, it is seen that that court was constituted under "His Majesties Writ," issued by Lord Dunmore, " for adjoining the County Court of Augusta from the Town of Staunton to Fort Dunmore, and with a new Commission of the Peace," which included George Croghan and fourteen others named after him, all of whom resided in the Monongahela and Ohio valleys, as "Gentlemen, Justices." The creation of that court was by the will of King George as expressed by his colonial representative, Lord Dunmore. But there came a time when His Majesty's writs by whom soever issued were inoperative west of the Alleghenies, as well as east of them to the Atlantic; and, as noted briefly on p. 520, Vol. I. of these Annals, the legislature of Virginia, now become an independent commonwealth, in October, 1776, passed An Act for ascertaining the boundary between the County of Augusta and the District of West Augusta, and for dividing the said District into three district Counties.