I. MINUTE (OR ORDER) BOOK OF THE VIRGINIA COURT HELD FOR OHIO COUNTY, VIRGINIA, AT BLACK'S CABIN (NOW WEST LIBERTY, W. VA.), FROM JANU- ARY 6, 1777, UNTIL SEPTEMBER 4, 1780, WHEN ITS JURISDICTION OVER ANY PART OF PENNSYLVANIA HAD CEASED. EDITED BY BOYD CRUMRINE, OF WASHINGTON, PA. INTRODUCTION, There have now been published the Minutes of the Virginia Court held for the District of West Augusta, first at old Fort Dunmore, now Pittsburgh, Pa., and for a while at Augusta Town, now Washington, Pa., I775-I776 (Ann. Car. Mus., Vol. 1, pp. 525-568) and also the Minutes of the Virginia Court held for Yohogania County, first at Augusta Town, and afterwards on the Andrew Heath farm, near W6st Elizabeth, 1778-1780 (/. c., Vol. II, pp. 7I-I40, and pp. 205-429). As stated in Vol. I, on p. 524, the Minute- or Order-books of the Court held for Monongalia County, at the house of Theophilus Phillips, on George's Creek, in the southern part of what is now Fayette County, Pennsylvania, were destroyed on the burning of the Court House at Morgantown in i796. Therefore, the records of that Court, having jurisdiction over the southern part of what is now Fayette County, the southeastern part of the present Washington County, and more than half of the eastern part of the present Greene County, Pennsylvania, cannot now be reproduced. But, fortunately, when the Court for Ohio county, Virginia, was removed from Black's Cabin, on Short Creek, to Wheeling, in 1797, its records also were removed and are still to be found in the office of the Clerk of the County Court, in the Court House for Ohio County in that city. These records of Ohio County, much used for over one hundred and twenty-five years, are in many places almost illegible, notwith- standing the great care that has been taken to preserve them; yet, because of the fact that, until the Virginia jurisdiction was entirely 5 MINUTES OF COURT FOR OHIO COUNTY. 7 Baltimore Conference of 1779 (Vol. I, p. 522, of these ANNALS), the portion of Yohogania County north of Cross Creek was at first put into Ohio County, and subsequently became Brooke County.' It will also be seen that Ohio County, as originally created, ex- tended northward to the mouth of Cross Creek, southward to the mouth of Middle Island Creek, and from the Ohio River, eastward, so as to include the present townships of Hopewell, Independence, Buf- falo, Blaine, Donegal, East Finley, and West Finley, and parts of Canton and Franklin in Washington County, as well as perhaps the western one-third of Greene County, Pennsylvania. Thus it was that a large part of the transactions of the early Ohio County Court of Virginia related to the business and protection of inhabitants of Washington and Greene counties, Pennsylvania. Black's Cabin where the first courts of Ohio County were held, was on the north fork of Short Creek, about eleven miles northeast from Fort Henry, now Wheeling, and about six or eight miles northwest from West Alexander, in Washington County, Pennsylvania. There was Vanmeter's Fort, and not far away was Rice's Fort on Buffalo Creek in Washington County, Pennsylvania; and Beeman's and Ryerson's stations in Greene county, and Fort Jackson, now Waynes- burg. And it will be remembered that in the days of this early court, before Washington, town or county, was thought of, the people who looked to it for protection to their lives and property were on the frontiers of civilization ; across the Ohio was a wilderness of savages, the enemies of civilization. Our present knowledge of events in these times will be freshened and confirmed by entries made in the course of judicial business shown in these records. Ohio county, Virginia, like Washington County, Pennsylvania, has been shorn of its magnificent proportions. Its southern part has been made into a number of new Virginian (now West Virginian) counties, and its northern part, above the mouth of Short Creek, has been divided into Brooke and Hancock counties, while, by the actual run- ning of the western boundary of Pennsylvania, in 1784-5, it lost all its old possessions in Pennsylvania. Following the records of the early Ohio County Court we shall later give the contents of a small manuscript volume containing the l See History of Augusta County, Va., by J. Lewis Peyton, p. 177. 8 ANNALS OF THE CARNEGIE MUSEUM. records of deeds, etc., proved before the court for the district of West Augusta, 1775-1776, and ordered to be recorded. The records referred to embrace conveyances made by many of the early settlers, and include permits by the commandant at Fort Pitt, for the occu- pancy and cultivation of portions of the "King's Orchards," etc., and will be very interesting to the student of the early history of Pittsburgh and its vicinity. ORDER-BOOK No. i. BLACK'S CABIN, OHIO COUNTY, Jan. 6t., I777. (l) In pursuance of an order of the General assembly of this Commonwealth for the division of the district of West Augusta into three distinct Counties, whereof the County of Ohio is one distinct & separate County, Agreeable to its Circumscribing Boundaries; In Complyance with which & Certain other Instructions directed to John MCColloch, Esq., directing him, the s. Me- Colloch, to summon the several landholders within s~ County to meet at the house of Ezekiel Dewits on Buffalo Creek, on the 27h. of Decembr.. last, as well for the purpose of Electing & Constituting a Committe in & for the s County, as for the making Choice of the seat for County Coart to be held at in future, within s. County, which was done accordingly; & a Majority determin'd in favour of a place known by the name of Black's Cabbin, on the waters of Short Creek, to be the place of holding Coarts in future. Accordingly & in Complyance with a Certain writ of dedi- mus potestatom, directed to WillTM Scott, James MCMechen, & David Rodgers, Impowering eighther of them to administer unto Mesrs. David Sheepherd, Silus Hedges willm Scott & James Caldwell, theoath of Justice of the peace within s. County; therefore the Commission being red at Blacks Cabbin afores? James McMechan there did on Monday the sixth of this Instant, did administer unto s' David Sheepherd, Silus Hedges, Wm Scott & James Caldwell the oaths of Justice of the peace, who being duly qualified the aforesaid Sheepherd did administer unto Messrs. Zachariah Sprigg, Thomas Waller & Dan1 McClain MINUTES OF COURT FOR OHIO COUNTY. 9 the said oath of Justice of the peace, who being duly qualified took their seats on the Bentch accordingly. Whereupon, the Court Being sworn, Jn° McColloch, Esq. as high sheriff of said County, then did offer Messrs. John Mitchel & Sam' McColloch, Boath of this County, as sureties for the due executing the office of Sheriff within this County, who being accepted a Bond for that purpose was then accord- ingly executed in open Coart. Likewise another Bond of one thousand pounds Conditioned for his faithfully Collecting & duly accounting for all officers fees & Cetera & producing Mesrs Jn'o Mitchel, Sam1. McColloch & James McMechen, as Sureties, who being likewise accepted & approved & a Bond for that purpose was likewise accordingly executed, & the s.. McColloch took the oath of office in open Coart. (2) The Coart then proceeded to the choise of a Clark, & James McMechen being approved of for that purpose & having taken the usual oath took his seat at the Clark's table accordingly The Coart then adverting to the expediency that the Militia of this County should be under the best of Regulations and discipline, came to the following resolutions viz: that David Sheepherd, Esq.. be recommended to his honour the Governour as County Lieutenant in and for this County, & Silas Hedges Esq as Colonel, & M.r. David M.cClure as Lieut nant Colon.'., & Mr Sam' McColloch as Major of Militia. The Court then adjourned untill tomorrow at eight of the Clock. D. SHEEPHERD. The Court met according to adjournment; present David Sheepherd, Silas Hedge, Will-m Scott, James Caldwell, Zacha- riah Sprigg, Tho.s Waller & Daniel McClain, Gentlemen. Furthermore it is ordered by the Court that Joseph Tumlin- stone, Sam'. Mason, Jn.° Mitchel, Joseph Ogle, Sam?. Teter, David Williamson, Jacob Lefler, James Bochanen & Reasin Virgin be likewise Recommended to his honour the Governour as Captains of the Militia; & that Mesrs Dan.' MeClain, Thomas Ryan, John Biggs, Derick Hoaglin, Thos Clark, James Gillaspy, Charles Bonner, James Pattin & Jn° Boggs be recommended as Lieutenants; and that Messr s Morgan Jones, Moses William- 10 ANNALS OF THE CARNEGIE MUSEUM. son, Jun., William Biggs, Andrew Fouts, Isaac Tayler, Hinry Taylor, John Hanley, David English & Isaac Phillips be like- wise recommended as Ensigns. & Foreasmuch as the tract of land agreed upon for holding Coarts at in future doth of right appertain unto Abraham Van- metre of Opechan Creek in the County of Bartley, Orderd, therefore, that Zachariah Sprigg, Silas Hedges, Esqr, be ap- pointed to Contract & Covenant with sd Vanmetre for not less than Two acres of sd Tract Including the Cabbin & spring, In behalf of this County, for the purpose of erecting & Building thereon a Coart house, Prison and other necessary publick Buildings, for any sum not exceeding Twenty pounds, & Report make of their proceedings therein as soon as may be to this Coart. & Whereas it may be expedient that Constables should be [appointed] within this County, Ordered therefore that John (3) Caldwell, Stephen Parr, Tho. 8Williamson, Eliazer Williamson, John Bodkin, Tho ~ Clark, Dan' Morgan be summoned to attend our next County Coart, then and there to be sworn in as Con- stables; But if any of the above Recited persons shall think it expedient to Qualify in as Constables before the next Justice of the peace, there attendance at Coart is hereby Remitted Re- spectively.