I. MINUTE (OR ORDER) BOOK OF THE VIRGINIA COURT HELD FOR OHIO COUNTY, VIRGINIA, AT BLACK'S CABIN (NOW WEST LIBERTY, W. VA.), FROM JANUARY 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., 1775-1776 (Ann. Car. Mus., Vol. I, 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 West Elizabeth, 1778-1780 (I. c., Vol. II, pp. 71-140, 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 1796. 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, notwithstanding the great care that has been taken to preserve them; yet, because of the fact that, until the Virginia jurisdiction was entirely. withdrawn from Pennsylvania, a large part of the territory in what is now Washington and Greene Counties, Pennsylvania, was within the jurisdiction of the Ohio County Court, of Virginia, it is proper that so much of these records as were made prior to August 28, 1780, when the last term of Court was held for Yohogania County, should also be published. The Act of the Virginia Assembly of October, 1776, which divided the District of West Augusta into the three new counties, Ohio, Yohogania, and Monongalia, also established the boundary line between the County of Augusta and the District of West Augusta, which line had before that time been undefined. It was then defined as follows: 66 'Beginning on the Allegheny mountains between the heads of the Potowmack, Cheat, and Green Briar Rivers; thence along the ridge of mountains which divides the waters of Cheat river from those of Green Briar, and that branch of the Monongahela called Tygers Valley river, to the Monongahela river; thence up the said river and the west fork thereof to Bingeman's creek, on the northwest side of the said west fork; thence up the said creek to the head thereof; thence in a direct course to the head of the Middle Island creek, a branch of the Ohio, and thence to the Ohio, including all the waters of the said creek in the aforesaid District of West Augusta; all that territory lying to the northward of the aforesaid boundary, and to the westward of the States of Pennsylvania and Maryland, shall be deemed and is hereby declared to be within the District of West Augusta. Then follow the provisions establishing out of the District of West Augusta the new counties of Ohio, Yohogania, and Monongalia, and the division lines between them, as quoted in Vol. II, p. 74 of these ANNALS. By reference to our map of the District of West Augusta, facing p. 518, Vol. I, of these ANNALS, studied in connection with the division lines of the three new counties made from said District, as shown in Vol. II, p. 74, it will be seen that the northern end of the present "Panhandle" of West Virginia, was put into Yohogania County. But on the settlement of the boundary controversy by the 1 For the entire act and other interesting matters relating to the subject, see Crumrine's History of Washington County (1882), p. 183 and notes. the Baltimore Conference of 1779 (Vol. I, p. 522, of these ANNALS), 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, extended 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, Buffalo, 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 Waynesburg. 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 running 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 1 See History of Augusta County, Va., by J. Lewis Peyton, p. 177. 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 occupancy 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. (1) ORDER-BOOK NO. 1. BLACK'S CABIN, OHIO COUNTY, Jan. 6th, 1777. 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 MColloch, to summon the several landholders within s County to meet at the house of Ezekiel Dewits on Buffalo Creek, on the 27 of Decemb.. 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 dedimus potestatom, directed to Will Scott, James McMechen, & David Rodgers, Impowering eighther of them to administer unto Mesrs. David Sheepherd, Silus Hedges will Scott & James Caldwell, the oath 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, W 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 & Dan' McClain (2) the said oath of Justice of the peace, who being duly qualified 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 accordingly executed in open Coart. Likewise another Bond of one thousand pounds Conditioned for his faithfully Collecting & duly accounting for all officers fees & Cetera & producing Mes Jn'o Mitchel, Sam! 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. 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 The Court then adjourned untill tomorrow at eight of the The Court met according to adjournment; present David Furthermore it is ordered by the Court that Joseph Tumlin- |