University of Virginia Library

VOLUNTEERS.

By Colonel Francis Preston—God bless these United States—
May he who attempts their disunion meet the fate of Percival.

By Colonel James King—All hands and all hearts.

By Captain Dixon—Our war—May it lead us to conquest and
glory, and return us to peace and happiness.

By Lieutenant Dixon—The Rising Company of Light Infantry
of the One Hundred and Fifth Virginia Regiment—May success
attend the soldiers of this union.

By Captain Robert Craig—Our Government—May they be decisive
in their councils, and every party spirit done away, and may the
spirit of '76 animate every breast.

—Our Manufactures—May they be persevered
in until they make us completely independent of all other
nations.

By Mr. L. L. Henderson—The Commerce of the United States—
Like an April shower, the day clouds for a moment, but to return
with resplendent vigor.

By Andrew Russell, Esq.—Neutral Rights—May all governments
be compelled to respect them.

By Mr. Isaac Whitaker—Randolph, Sheffey &c.—May they
be compelled to eat the crumbs that fall from republican tables.

"Saturday last being the anniversary of our national independence,
a number of inhabitants of the upper end of this county collected
at Seven-Mile ford for the purpose of celebrating the day
in some manner, however plain and simple. The fore part of the
day was occupied by Captain Hopkins in exercising his military
students; in the evening the company retired to a spring convenient
to the ford, where they partook of an elegant barbecue which had
been prepared for them. After dinner the following toasts were
given:

By Captain William Love—The Fourth of July—May it ever be
held in grateful remembrance by the free-born sons of America.
Two guns.

By Captain William Byars—The Declaration of War by Congress
on the 18th of June last, against Great Britain—May it
progress with successive victories on our part, and may it ultimately
procure us that justice for which we contend. Three guns.

By Major William Davis—The Spirit of '76—May it inspire the
breast of every free-born American with such zeal as may support
the dignity of the present measures of our general government.
Four guns.

By Captain Hopkins—The patriots of the United States Army—
May they always be actuated by virtue and crowned with victory.
Four guns.

By Captain George Byars—May the American eagle subdue the
British lion. Four guns.

By Mr. Parker Smith—The memory of Captain Nathan Hale,
who fell a martyr in the cause of his country with the firm intrepidity
of an American and the amiable resignation of a Christian

hero—May his worth and memory be enshrined in the hearts of his
countrymen as long as we enjoy that liberty and independence for
which he freely gave up his life. Five guns.

By Mr. John Phaup—The Virtuous Sons of Freedom—May they
never taste the bitter apples of affliction. Four guns.

By Mr. Campbell Anderson—The Federal Compact—May it
stand firm and unshaken as the pillars of heaven. Two guns.

By Mr. Pleasant Smith—The Honest Farmer—May his industry
always be rewarded with an abundant harvest. Five guns.

By Captain Andrew Edmiston—The tyranny of Great Britain.
May it be completely subdued and American independence reign
forever. Three guns.

By John Byars, Esq.—General Montgomery—May we never want
such men to march to the plains of Abraham, to teach the enemies
of our free and happy country that we will not submit to the insults
heretofore practised on us. Five guns.

By Mr. Robert Beattie—The Memory of General Washington—
May his courage and patriotism be an example to our generals of
the present day. Four guns.

By Mr. James Robinson—James Madison, President of the
United States. Two guns.

By Mr. Daniel Hughes—May we all stand united and firmly
agree to rally around the standard of sweet liberty. Two guns.

By Captain James Cole—The Tree of Liberty—May it continue
to produce unfading blossoms, and may its branches extend to the
remotest part of our wide extended territory. Five guns.

By Mr. A. K. Love—Thomas Jefferson—May his virtues be an
example to his countrymen, and may his patriotic services be held
in grateful remembrance. Four guns.

This account of the celebration of the 4th of July by the citizens
of Washington county is obtained from a copy of a paper published
in Abingdon at that time, and, if we may judge from this account,
the sentiments of the people of the county must have been strongly
in favor of war; and their enthusiastic devotion to their country
unexcelled.

John Gibson, a citizen of Abingdon and a partner in business with
Connally Findlay, was, on March 12, 1812, commissioned a captain
in the regular army and was assigned to the Twelfth Regiment of

Infantry; as a result, a dissolution of partnership between himself
and Findlay was rendered necessary, and soon thereafter the following
notice appeared in the Abingdon paper:

On Saturday, the 2d day of May, 1812, the settlements on the
western extremity of this county were visited by a most tremendous
hail-storm. Robert Preston suffered the loss of an extensive crop
of rye and much other damage done to his plantation. Several
others in the same neighborhood suffered severely. On the Jonesborough
road, was the greatest loss suffered, though Joseph Gray
and others were severely handled. Large trees were torn up by the
roots and fences destroyed in all directions. Some of the largest
of the hail that fell on Saturday was gathered on Sunday and
carried to Abingdon, where it was still as large as the largest nutmeg.

The track of this cyclone and hail-storm was perceptible as late
as the year 1882.

This county was again visited by very severe hail-storms in the
year 1814.

The American army, stationed near Buffalo, experienced some
pretty hard fighting about this time, and the soldiers from this
county bravely maintained the reputation of our people. In the
month of October, they had a skirmish near Fort Erie, an account
of which is given by Major David Campbell, in a letter written to
a friend in Abingdon, and is as follows:

"We last night took two vessels from the British, when they
were at anchor immediately under the guns of Fort Erie. The
vessels were taken by volunteers from our brigade and some sailors
in two row-boats, and 150 men. Our men rowed alongside, fastened
their boats to the ship under fire from her, they also firing,
and boarded her sword in hand—we have lost eight men—the
British number not known, it is supposed, however, 50 to 40. One
of the vessels was immediately brought safe to shore. Her cargo has
been taken out, and is estimated by General Smyth at $150,000.
The other they ran aground in the river near a small island—she
is the Brig. Adam, laden with 2,000 stand of arms taken from Hull,
and the cannon taken there also. This morning early a messenger
came to camp and informed General Smyth, that 2,000 British had
landed. We immediately paraded and marched to the scene. The
cannon was roaring from both shores. When we got there we found
no enemy on this side. They had been at the vessel nigh the island,
but had left her. We left the Fifth and part of the Eighteenth
regiments to protect the vessel and returned. They have made two
other attempts during the day to retake the vessel, and have been
completely repulsed with great loss. We have not, since morning,
lost a man. It has given me great pleasure to retake the arms
taken at Detroit. We have also retaken thirty or forty prisoners,
our brave countrymen taken there."

Among the plunder captured by the American forces at this time,
was a bell, from one of the British vessels, which bell was brought by
General Smyth to his home in Wytheville, and by him given to
Wythe county to be used as a court-house bell. This bell is at this

day in the old court-house at Wytheville, in an excellent state of
preservation, and bears the following inscription:

Which being translated, is:

On the 10th of October, 1812, the volunteer rifle company, commanded
by Captain Henry Dixon, was ordered to assemble at Captain
Robert Davis's, which order was as follows:

At this meeting, the following order was published:

And on the 28th day of February, 1813, Captain Dixon issued the
following order:

This company of riflemen were not called into service until the
summer or fall of 1814.

On the 20th of April, 1813, Lieutenant Peter C. Johnston, of the
regular army began recruiting in the town of Abingdon, but what
success attended his efforts I am unable to ascertain.

Captain L. L. Henderson had organized a company of artillery in
the upper end of Washington county, and an order was issued effecting
this company on May 3, 1813, which order was as follows:

This company was not mustered into service until the year 1814.

On the 12th of March, 1813, Major David Campbell was promoted
and became Lieutenant-Colonel of the Twentieth Regiment
United States army, and participated in the arduous campaigns
on the St. Lawrence and near Lake Champlain, which position
he resigned on the 28th of January, 1814.

Upon his return to his home in Virginia, he again entered the
service of his State, as aide de camp to Governor James Barbour,
and rendered valuable assistance in organizing the large force of

troops called into service in the neighborhood of Richmond and
Petersburg, in the summer of 1814.

The General Assembly at its session in the year 1814, provided for
the raising of ten thousand troops, and, under this law, Colonel
Campbell was elected general of the Third Brigade.

On the 25th of January, 1815, he was appointed colonel of the
Third Virginia Cavalry, but was afterwards transferred to the Fifth
Regiment of Cavalry.

Under the law enacted by the General Assembly in 1814, most
of the companies from Washington county proceeded to Richmond,
which point they reached about the 9th day of September, when
information reached Richmond that the enemy had landed on the
Northern Neck. The forces from Washington county formed a
part of the Third Brigade, and upon receipt of the news that the
enemy had landed, three companies of riflemen and one troop of
cavalry, under the command of Colonel Coleman, were ordered to
the Northern Neck.

This force marched to the place directed and were out sixteen
days. They marched day and night to attack the enemy, but failed
to overtake them. They frequently encamped on the same ground a
few hours after the enemy had marched. Upon this expedition, the
first encampment was one mile from Richmond, at Camp Mitchell.

About this time the militia was transferred from the State's service
to the service of the United States, to serve six months. A portion
of the Washington county militia marched for the city of
Washington a few days after Colonel Coleman marched for the
Northern Neck, and, upon the return of Coleman's forces to Fort
Mitchell, the field and staff officers of his command were ordered to
Washington city. The troop of cavalry and riflemen were ordered to
Charles City courthouse, from which point they passed to Camp
Snowden near Snowden's Iron Works, Maryland, at which place
the troops were newly equipped with guns and ammunition, from
which point they marched to Camp Cross-Roads, Maryland, where
they were encamped on the 15th of November. At this point our
forces were commanded by General James Breckenridge as brigadier,
and Major-General Pegram. The health of the Washington
companies was fairly good, although 109 men were sick on the morning
of the 14th of November, 1814. A very few of the number were
dangerously sick.

A number of the Washington county troops, in the fall of this
year and the spring of 1815, marched to Norfolk, under the command
of General Francis Preston and other militia officers, but as to
their services I cannot obtain any information.

It is lamentable that no record has been preserved of the services
of our countrymen upon this expedition to Norfolk.

We publish in the appendix to this book, an official statement
of the militia officers of Washington county, for the years 18101815;
which gives, beyond queston, authentic information of the
officers, with their rank, during this war.

Peace was proclaimed by the President of the United States on
the 18th day of February, 1815, one month and ten days subsequent
to the battle of New Orleans.

With the exception of the battle of New Orleans, the record of
this war, as far as it effected the land fighting, is humiliating indeed,
to the average American citizen.

The failure of our military expeditions during this war must not
be attributed to the want of patriotism or valor on the part of our
people, but was due to the ideas of our rulers, none of whom, either
by principle or practice, was fitted to conduct a successful war.

In this war Colonel James Campbell died in the service at Mobile,
Alabama, and Colonel John B. Campbell fell at the battle of Chippewa,
where he commanded the right wing of the army under General
Winfield Scott. Both were sons of Colonel Arthur Campbell,
the "Father of our County." Colonel Arthur Campbell himself died
at his home, the present location of Middlesborough, Kentucky, in
the year 1811, and his body was buried at that place according to
the directions of his will, which is of record in the county clerk's
office of this county.

When Middlesborough, Kentucky, first attracted the attention of
the business people of this country, and great developments were in
progress at that point, the grave of Colonel Campbell was discovered
in an out-of-the-way place, and his remains were removed by his
Tennessee relatives, and the grave newly marked.

The grave of Colonel Arthur Campbell was marked with an iron
slab, upon which the following inscription was found:

"Sacred to the memory of Colonel Arthur Campbell, who was
born in Augusta county, Virginia, November 3, 1743, old style, and
after a well-spent life, as his last moments did and well could

approve, of sixty-seven years eight months and twenty-five days,
ere a constitution preserved by rigid temperance, and otherwise
moral and healthy, could but with reluctance consent, the lamp was
blown out by the devouring effects of a cancer on the 8th day of
August, 1811, leaving a widow, six sons and six daughters to mourn
his loss and emulate his virtues.

• Here lies entombed a Revolutionary sage,

• An ardent patriot of the age,

• In erudition great, and useful knowledge to scan

• In philanthrophy hospitable, the friend of man,

• As a soldier brave.

• Virtue his morality.

• As a commander prudent.

• His religion charity.

• He practised temperance

• To preserve his health.

• He used industry to acquire wealth.

• He studied physic to avoid disease.

• He studied address to please.

• He studied himself to complete his plan.

• For his greatest study was to study man.

• His statue tall,

• His person portly,

• His features handsome,

• His manners courtly.

• Sleep, honored sire,

• In the realms of rest,

• In doing justice to thy memory

• A son is blest.

• A son inheriting in full thy name

• One who aspires to all thy fame.

COLONEL ARTHUR CAMPBELL."

At a meeting of the General Assembly in the fall of the year 1814,
a new county was formed from the territory of Lee, Washington
and Russell counties, to which was given the name of Scott
county, in honor of General Winfield Scott. The boundaries
of the new county as fixed by the Act of Assembly, of date
November 24, 1814, were as follows: Beginning at the head of

Reedy creek, where the wagon road crosses the same in Washington
county; thence down the Tennessee line to the south fork of the
Clinch river; thence northward passing the Flag Pond to the top of
Powell's mountain, in Lee county; thence along it to the Russell
county line; thence along the Russell county line to the Kentucky
line; thence along Cumberland mountain to the head of Guesses'
river; thence down it to Clinch river; thence to Kendrick's Gap,
in Clinch mountain; thence by the western end of Samuel Hensley's
plantation to the beginning.

The boundaries of Scott county as thus given were altered at the
same session of the General Assembly.

By the same Act, John McKenney, Reuben McCully and James
Wallen, of Lee; Jonathan Wood, Samuel Ritchie and James Moss
of Russell; Andrew McHenry, Jacob Severs and Abraham Fulkerson,
of Washington county, were appointed commissioners to select
a permanent location for the county seat of Scott county.

The first County Court of Scott county assembled at the house
of Benjamin T. Hollans, at Big Moccasin Gap, and organized with
the following officers:

Justices of the Peace.

• John Anderson,

• Samuel Ritchie,

• James Gibson,

• John McKenney,

• John Montgomery,

• Jacob Severs,

• Benj. T. Hollans,

• William George,

• Reuben McCully,

• James Albert,

• John Berry,

• James Moss,

• Richard Fulkerson,

• Isaac Skillem,

• James Wallen.

Sheriff, John Anderson.

Deputy Sheriffs, Isaac Anderson and Isaac Skillem.

Clerk, William H. Carter.

Deputy Clerk, Alfred McKenney.

County Surveyor, Jonathan Wood.

Commonwealth's Attorney, Andrew McHenry.

County Militia.

County Lieutenant, Henry Livingston.

Lieutenant-Colonel, John Wood.

Majors, Robert Gibson and Isaac Anderson.

Captains of Militia.

• Richard Fulkerson,

• John McHenry,

• William Fugate,

• Cornelius Fugate,

• George George,

• Hiram Kilgore,

• John Berry,

• James Watson.

Lieutenants of Militia.

• Jonas Wolfe,

• Goldman Davidson,

• Wood Osborn,

• Robert Spear,

• Elijah Carter,

• Isaac Low,

• Jeremiah Culbertson.

Ensigns of Militia.

• John Martin,

• Clinton Godsey,

• Meshack Stacy,

• Daniel Wallen,

• James Gibson, Jr.,

• George McConnell,

• William Bickley.

The commissioners appointed to ascertain the proper place
for holding the courts and erecting the public buildings for the
new county made their report on May 9, 1815. The lands donated
by James Davidson, Sr., the present site of Estillville, or Gate City,
were selected, and the public buildings erected thereon; and this is
still the county seat of Scott county.

By this Act Washington county lost a considerable extent of valuable
territory and many valuable citizens.

In the year 1816, a convention assembled at Staunton, for the
purpose of devising measures for obtaining a Constitutional Convention
for the State. Thirty-five counties west of the Blue Ridge
were represented in this convention, but if Washington county had
a representative present, I cannot ascertain his name; but the object
of the convention affected Washington county as much as any of
the territory west of the mountain.

The object in view in amending the Constitution of the State was
to correct the inequalities in the representation of the different sections
of the State in the General Assembly of Virginia.

This convention, by a vote of 61 to 7, adopted a memorial in
favor of a convention to amend the Constitution.

The country west of the Blue Ridge at that time contained a
white population of two hundred and twelve thousand and thirty-six,

with four senators; while the territory east of the mountain contained
a white population of one hundred and sixty-two thousand
seven hundred and seventeen and had thirteen senators.

General James Breckenridge was elected president of this convention
and Erasmus Stribbling, secretary. This subject has been agitated
in Virginia from the earliest time, but the people of western
Virginia have never succeeded in obtaining a fair representation
in the General Assembly of Virginia, and, to-day, the inequality of
representation between the two sections is greater than it has been
at any time heretofore in our history; considering the wealth and
population of Western Virginia.

In the election of members to the General Assembly from Washington
county, in the spring of the year 1819, the certificates of
election were awarded to Peter Mayo and William Poston. The election
was contested by William Preston Thompson. The depositions
were taken by Thomas Edmondson, William Snodgrass, Reuben
Bradley, John Goodson and Charles Tate, commissioners appointed
by the County Court of Washington county for that purpose, and
upon the final hearing of the case in the General Assembly, Mayo
was unseated and Thompson awarded the certificate, but in the following
year Peter Mayo and Nathaniel Dryden defeated Thompson
by a good majority.

On the first day of July, 1819, the County Court of Washington
county tried a negro by the name of Sam for larceny, found him
guilty and ordered him to be burnt in the hand in the presence of
the court, and that he receive ten lashes on his bare back at the
public whipping-post.

By Act of the General Assembly of Virginia approved March 10,
1819, a voting precinct was established at the house of James Meek,
on the north side of the middle fork of the Holston river in the
upper end of this county. From the organization of the county
until this time, every voter in the county was required to attend the
election at Abingdon, the only voting precinct in the county.

In the month of May, 1819, John Preston, Jr., was commissioned
colonel of the One Hundred and Fifth Regiment of infantry, and
James White, lieutenant-colonel of the same regiment. William P.
Thompson was commissioned lieutenant-colonel of the Seventieth
Regiment, while David Campbell was commissioned colonel of the
Third Regiment of cavalry of the militia of Virginia, and in the

following year Robert Beattie was commissioned major of the Seventieth
Regiment.

The number of tithables in Washington county in 1820 was 3,137,
and the proportion of the tax due from each tithable was fifty cents.
The taxes collected from the people in the years 1819-1820 so far
exceeded the expenditures of the county that no taxes were levied
for the year 1821.

On the 15th of May, 1821, the County Court of Washington
county entered the following order in regard to the width of the
roads of the county.

"Ordered that the public roads of this county be of the following
widths, to-wit: The main Island road, the main Kentucky road,
the Wataga road below Abingdon, the Blountville road, the Russell
road by Michael Fleenor's, the main Saltworks road from Abingdon,
the River road above the Saltworks, through Lyon's Gap, remain as
at present established, thirty-three feet wide each, and that all the
other public wagon roads in this county be twenty feet wide."

By order of the county court of date June 22, 1820, a new road
was ordered to be established, leading from near Smith's cabin (now
Greendale), to the north fork of Holston, said road to be eight
feet wide and to be located at or near the "Lawyer's Path."[9]

Colonel James White at this time was operating several iron furnaces
in this county and in Johnson county, Tennessee. A considerable
forge known as "White's Grove Forge," and a furnace known
as "Elizabeth Furnace," had been established on the north fork of
the Holston river, some miles apart, and business among the citizens
of the county was excellent, and had been so since 1815.

It is to be regretted, that the minute books of the County Court
of Washington county covering the period from 1821 to 1837 were
destroyed in 1864. For this period I have been able to gather but
few facts of historical importance, and such as I have gathered are
principally from the Acts of the General Assembly of Virginia.

By Act of the General Assembly of Virginia, of date January 15,
1823, Henry Bowen, John Smith and John Cecil were appointed
commissioners to locate and open a wagon road from the Kentucky
line on the north fork of Sandy river to the Richlands in Tazewell
county.

In 1823 a dispute arose as to the correct location of the boundary
line between Washington and Russell counties from Hayter's Gap,
east to the Tazewell line, and the General Assembly on the 28th
day of February, 1824, authorized the county courts of Washington
and Russell counties to appoint one commissioner each, to run and
mark the line between the two counties, but, for some reason which
I cannot now ascertain, the boundary line was not run.

On the 26th day of January, 1825, the General Assembly of Virginia
appointed John H. Fulton, of Washington county, and George
W. Johnson, of Russell county, commissioners to run and mark the
line between the counties, beginning on the top of Clinch mountain,
where the road from Abingdon to Lebanon crosses the same at
Hayter's Gap, and from thence east to the Tazewell line. Pursuant
to this order, the line was run and marked in the same year.

By an Act of the General Assembly of Virginia of date, January
4, 1826, it was declared that all that part of the counties of Washington
and Wythe known by the name of Poor Valley within the
following bounds, to-wit:

Beginning on the top of Clinch mountain at the highest point
opposite to the plantation of Major John Ward; thence a south
course until it strikes the top of Little Piney mountain in the
county of Washington, and with the top of said mountain, running
east to Wilson's Gap, in the county of Wythe, thence north to the
Tazewell line, shall be a part of the county of Tazewell.

By an Act of the General Assembly the third election precinct in
this county was established at the house of John Shaver, at Three
Springs, in the lower end of this county, on January 2, 1829.

By the year 1828, the sentiment of the people of Washington
county was decidedly democratic; and to such an extent that in the
presidential election of that year, General Andrew Jackson received
every vote cast in the county, except thirteen.

By the beginning of the year 1830, a healthy disposition
had grown up among the people in favor of public improvements,
and the General Assembly of Virginia, on the 19th day of
February, 1830, incorporated the Abingdon Turnpike Company and
authorized the building of a turnpike road from the forks of the
road west of William Carpenter's to the forks in Abram Bradley's
lane. This company was authorized to receive subscriptions, and
the Act of the Assembly authorized and directed the following citizens

to solicit and receive subscriptions to this enterprise at the
town of Abingdon: James White, David Campbell, Francis Preston,
John M. Preston, John H. Fulton, Charles C. Johnston, Peter
J. Branch, Benjamin Estill, John N. Humes, John Gibson, Andrew
Russell and Abram Bradley.

While I have no evidence of the fact, it is reasonable to believe
that this effort to build a turnpike road in Washington county was
successful.

The General Assembly of Virginia, on April 5, 1830, incorporated
the Lynchburg and New River Railroad, the object of which was to
connect Southwestern Virginia with the eastern portion of the State.
The Act of the Assembly incorporating the road authorized public
subscriptions to the enterprise and appointed the following commissioners
to solicit and receive subscriptions at Abingdon: Francis
Preston, Francis Smith, James White, James Campbell, Benjamin
Estill, John H. Fulton, John M. Preston, John C. Greenway,
Charles C. Johnston, Andrew Russell and Charles H. Preston.

This effort to build a railroad was, so far as Southwestern Virginia
was concerned, a failure.

From the date of the convention that assembled at Staunton in
1816 to this time, the demand for a convention to revise the Constitution
had constantly grown throughout the State. The citizens
of Virginia living west of the mountains were opposed to the basis
established for the exercise of suffrage by the Convention in 1776,
which excluded all persons from voting who were not free-holders.

Another question that presented itself was whether the representation
in the General Assembly should be apportioned on the basis of
the white population, or on the basis of population and property
combined. The citizens of Eastern Virginia favored a restricted
suffrage and an apportionment on the basis of population and
property, while the people west of the mountains favored an unrestricted
suffrage and an apportionment on the basis of population
alone. From the year 1816 to 1829 these questions were discussed
throughout the State with vehemence, ability and eloquence.

The General Assembly, on the 31st day of January, 1828, submitted
to the voters of the State the question of calling a convention,
and in the election that followed 21,896 votes were polled for, and
16,637 against, calling a convention. The convention was accordingly

called, and most hotly contested elections for delegates to this
convention took place throughout the State.

As a result of the issues involved, this convention was composed of
many of the most brilliant gentlemen throughout the State. It has
been said that it is doubtful whether any representative body ever
convened in the world's history, before or since, which included so
much talent, eloquence, experience and intellectual power, as did the
convention of 1829-1830. In the election of delegates to this convention
the State was divided into districts, of which, Washington,
Lee, Scott, Russell and Tazewell composed one district.

The delegates elected from this district were John B. George, of
Tazewell; Andrew McMillan, of Lee, and Edward Campbell and
William Byars, from Washington. The convention assembled on
October 5, 1829, and remained in session until January, 1830, and
was presided over by James Monroe and Philip P. Barbour.

On the 14th of January the draft of the Constitution was adopted
by the convention and submitted to the people of the Commonwealth
for ratification or rejection.

The vote of the counties of Southwest Virginia upon the ratification
or rejection of this Constitution was as follows:

                   

	For.	Against.
Giles,	21	556
Grayson,	70	649
Lee,	330	99
Montgomery,	194	670
Russell,	86	240
Scott,	155	297
Tazewell,	35	423
Wythe,	41	625
Washington	556	175

The Constitution of 1829-'30 extended the right of suffrage to a
considerable extent, but the basis of representation, which was bitterly
contested in the convention, was but slightly altered, and a
great majority of the citizens of Western Virginia were opposed
to the new Constitution for that reason.

The Constitution was adopted by the people of the State by a
vote of 26,055 for ratification to 15,563 for rejection—a majority
of 10,492 in favor of the Constitution. Thus the people of Western

Virginia were denied an equal representation with the citizens
of Eastern Virginia in the representative bodies of the Commonwealth.

By Act of the General Assembly of Virginia approved February
23, 1832, a new county was formed from the counties of Wythe
and Washington, to which was given the name of Smyth county.
The boundaries of the new county were as follows: Beginning on
the Main Stage road at a bridge in a hollow at the point where the
spring branch of Philip Greever, deceased, crosses the same; thence
a direct line passing equi-distant between Preston & King's salt
wells, to the line of Russell county, and from said point on Main
Stage road aforesaid, where said spring branch crosses the same,
running south 25 degrees east to the southern boundary of Washington
county, and beginning on the Main Stage road leading by
Abingdon and Wythe courthouses, ten miles by said road, from
the line dividing Washington and Wythe counties, running thence
northwest to the northern boundary of Wythe county, and southeast
to the southern boundary of Wythe county, the said line
through Wythe county running precisely parallel with the line
aforesaid through Washington county.

The Act establishing this county directed Isaac J. Leftwich, of
Wythe, Edward Fulton, of Washington, and John Campbell, of
Smyth, to run and mark the boundary line of said county.

The Act of Assembly establishing Smyth county directed that
the county court of that county be composed of fifteen justices to
be commissioned by the Governor, and directed the first court of
the county to meet at the house of John Thomas on the first Monday
in April, 1832.

By this same Act Charles L. Crockett, of Wythe; John H. Fulton,
of Washington; William Price, of Russell; Samuel McCamant,
of Grayson, and Thomas Peery, of Tazewell, were appointed commissioners
to select a permanent location for the county seat of
said county upon which to erect the necessary public buildings.

This committee selected the present location of Marion as the
county seat of the county.

The first county court of Smyth county assembled at the house
of John Thomas, at the Royal Oak, on Monday, the 2d day of
April, 1832, pursuant to the Act of the General Assembly of Virginia,

at which time the following officers took the oath prescribed
by law and entered upon the discharge of their duties:

Justices of the Peace.

• Charles Tate,

• Samuel Williams,

• Hatch D. Poston,

• Henry B. Thompson,

• Thompson Adkins,

• Joseph P. Bonham,

• James Taylor,

• George W. Davis,

• Joseph Adkins,

• William Porter,

• Robert Houston,

• Abraham B. Trigg,

• Isaac Spratt.

Clerk of the County Court, Robert Beattie.

Deputy Clerk, James F. Pendleton.

Sheriff, Charles Tate.

Commonwealth's Attorney, Charles E. Harrison.

County Surveyor, Charles Taylor.

Coroner, George Byars.

The following lawyers qualified to practise their profession on
the first day of the court: John H. Fulton, David McComas, John
Foster, Isaac J. Leftwich, Charles E. Harrison and Andrew S.
Fulton.

By the formation of this county a large portion of the most valuable
lands included in the original bounds of Washington county
were lost to the county, and the representation of the county in the
General Assembly was reduced to one member, and the county of
Washington did not send more than one member of the Legislature
to the General Assembly again until 1852.

This is the last instance that we will have to record of the mutilation
of the territory of Washington county, although considerable
efforts have been made within the last fifteen years to form a new
county out of parts of Washington, Russell and Scott counties.

The representatives from Washington county in the General
Assembly of Virginia, at the date of the formation of Smyth county,
were John H. Fulton in the Senate, and John Kellar and Thomas
McCulloch in the House of Delegates.

Smyth county was named in honor of General Alexander Smyth,
who served as brigadier-general in the war of 1812, and represented

this district in the Congress of the United States for twelve years,
and died while a member of Congress in the year 1830.

A dispute arose as to the correct location of the boundary line
between Washington and Smyth counties in the year 1896, whereupon
the County Court of Washington county appointed W. B.
Robertson, J. G. Breckenridge, James Broady, William Galliher and
John D. Blackwell, commissioners on the part of Washington
county, and the County Court of Smyth county appointed C. D.
Carter, A. F. St. John, T. W. Buchanan and W. N. McGee, as commissioners
on the part of Smyth county to run said line from
Greever's Bridge near Chilhowie to the Russell county line.

The commissioners ran said line and filed their report on June
27, 1896. The line as fixed by the report of the commissioners was
marked by a planted stone at Greever's Bridge, and ran from that
point, N. 37 degrees 15 minutes W. to Jamison's Gap, where a second
stone was planted, and said line was continued on the same
degree to the Russell county line, and stones were planted on the
farm of Vint Thomas, at the Rich Valley road, on Chestnut Ridge,
at Saltville between the salt wells, on both sides of the Holston
river, on Little mountain, and in Poor Valley to mark said line.[10]

In the election held in the year 1831 for a representative in the
Congress of the United States, from the Twenty-second Congressional
District of Virginia, composed of the counties of Scott,
Wythe, Lee, Tazewell, Grayson and Washington, the Honorable
Joseph Draper, of the county of Wythe, and the Honorable
Charles C. Johnson, of the county of Washington, were the opposing
candidates.

Mr. Draper had been elected to fill the unexpired term of General
Alexander Smyth, in the year 1830. Charles C. Johnson was
one of the most talented and brilliant men that Washington county
had ever produced.

The canvass was one of the most exciting ever held in this district,
and the result was a majority of seventy-eight votes in favor of
Johnson, upon the face of the returns. The vote in the several
counties of the district was as follows:

                 

	Johnson.	Draper.
Russell county,	347	247
Scott county,	495	115
Wythe county,	43	786
Lee county,	342	265
Tazewell county,	208	392
Grayson county,	44	750
Washington county,	1,270	116
Totals,	2,749	2,671

Johnson's majority, 78.

Mr. Draper was not satisfied with the result and contested the
election of Johnson, charging many irregularities, the principal
irregularity being the fact that the Sheriff of Washington county
held the election in said county for four days instead of closing the
poll on the third day, as required by law, thereby giving to Johnson
eighty-eight votes more than he was entitled to, that being the number
of electors voting in Washington county on the fourth day of the
election.

Mr. Johnson on the other hand charged and proved many irregularities
in Wythe county, the result being that a majority of the
Committee on Elections on the 13th of April, 1832, made a report
recommending that, in justice to the electors of the district, the
seat be declared vacant and a new election ordered, while the minority
of the committee reported in favor of Charles C. Johnson, the
sitting member. The vote was taken upon the majority and minority
reports and the Congress of the United States, by a vote of
eighty-five to thirty-five, declared Charles C. Johnson entitled to the
seat.

In the fall of the year, 1832, Charles C. Johnson was drowned
in the Potomac river while crossing from Alexandria to Washington
city. An election was held to fill the vacancy, at which election
Joseph Draper was returned the representative from this district
in the Congress of the United States.

General Jackson, upon his inauguration as President of the
United States, nominated Colonel John Campbell, of Hall's Bottom,
in this county, as Treasurer of the United States, which position
Colonel Campbell accepted, and discharged the duties of the same

with honor to himself and credit to his native county. Colonel John
Campbell was the second native-born citizen of Washington county
to occupy a position of great honor in the government of the United
States, the other, General John Armstrong, Secretary of War in the
Cabinet of President Madison, was born in the town of Abingdon.

The County Court of Washington county, in the year 1832, was
composed of a very distinguished body of men, the fathers and
grandfathers of many of the present generation, and it may be of
interest to many persons to know the appearance and character of
the members of that court, given by a writer who was personally
acquainted with each of them and who was a very competent judge
of men. In speaking of the members of this court the writer says:[11]

One of nature's noblemen is presiding. He is of large stature, has
a full suit of white hair, of florid complexion, and possesses a fine,

Colonel John Preston, of
Walnut Grove.

clear and somewhat musical voice. His manners
are easy and refined, and you will pronounce
him the very soul of dignity. That
is Colonel John Preston. See him as he
grasps the arm of the old justice's seat. Does
a lawyer quibble or travel from the record to
make out his case? He mildly recalls him
from his wanderings, as he remarks: "You
must confine yourself, sir, to the law and to
the testimony in the case."

Near by are two brothers, of large stature,
of Roman forms, gray heads and mild demeanor.
Their judgments are well balanced, and their opinions
are worthy of the highest respect. Those are Major Abram and
Thomas Fulkerson.

The venerable James Keys, Esq., you observe, is very feeble and
but seldom is on the bench; he is sent for frequently, however, to
sign important proceedings of the court.

On the right of the chair is sitting a low, corpulent gentleman
with full round features, thin hair, a little bald, and his gold
spectacles thrown back on his head. His utterances are ready and
clear, springing from a mind quick in its preceptions of right. That
is Captain Francis Smith.

That gentleman near him, of large frame, of Atlas-like proportions—as
though he could bear up a whole community on his shoulders,
is Colonel James White. He is somewhat

Colonel James White,
of Abingdon.

silent and meditative at times, but delivers
his opinions (often presiding) with force and
independence. His hair is also gray and inclined
to curl over his broad forehead.

Next you see a gentleman, once tall but now
bent with age—head quite white and face
ruddy. He speaks mildly and seems to regret
that the stern arbitrament of law is necessary
to compel to do right towards their fellow-creatures.
That is General Francis Preston.

That justice on the right, very tall and very erect, of excellent
form, sandy hair, red face, and of fine mind, is William Rhea, Esq.

The next is a large gentleman with round, full head and face,
hair black, with a mixture of gray. That is Jonathan King, Esq.
He is quite unobtrusive, but firm and decided in his opinions.

That mild-looking gentleman to the left, well set, of medium
height and good judgment, is Peter Minnick, Sr., Esq.

Next to him is quite a tall, strongly-built gentleman; that is
Joseph Miller, Esq.

That tall and slender, light complexioned justice, sitting near,
is William Shaw Logan, Esq.

Among the group of justices on the left, you see two brothers of
large stature and strong features. They are of peculiar mould and
utterly disregard the vain blandishments of the world, and deal
only in realities. These are Major Abram and Captain Reuben
Bradley.

That very tall, square-shouldered gentleman, sitting near Colonel
Preston, with elongated features, and smiling as he speaks
earnestly, is Tobias Smith, Esq. He loves his position, and renders
his gratuitous services freely for the good of his country, and no
man has served it more faithfully than he.

Near by is sitting Robert E. Lowry, Esq. He has a very mild
countenance, his eyes resting in repose. He exhibits great good
nature, and is very modest in expressing his opinions.

Near him is a short gentleman with round features, and of rather
retiring demeanor. That is Lewis Smith, Esq.

Next is a man of great solid worth, of medium height, of
sterling integrity, of excellent mind and heart. That is William
Buchanan, Esq.

Two other justices you discover on the right of the chair. They
are brothers and above the ordinary height. The first, Robert E.
Cummings, Esq., has round features, is well proportioned, shoulders
droop a little. The other, James Cummings, Esq., is slender, of
good form, and generous bearing. Indeed they possess fine qualities
of mind and heart, and kindness is stamped upon their very natures;
they are very deliberate and express their opinions cautiously.

Next to the justices just named, there sits another remarkable
man, of commanding personal appearance. The flash of his dark
eye, his compressed but somewhat protruding lips, indicate great
firmness and determination of character. He speaks but seldom;
when necessary, however, he utters his opinions with great force and
independence. That is John M. Preston, Esq. He hates a meanness
in any one as he does his Satanic Majesty, and is firm in meting
out strict justice to all men. Integrity is one of his cardinal virtues.

There on the right you see sitting near one another Colonel John
Kellar, Major Henry B. Thompson and Colonel Thomas McCulloch.
The first is dark complexioned, has blue eyes, is quick-spoken
and is of excellent judgment. He is noted for his fine social qualities
and kindness of heart. What man or woman in this section
of the country that does not revere and love the memory of Colonel
Kellar? That he is a bachelor is to be regretted. His erect form
and fine personal bearing are doubtless attractive.

Major Thompson is very good looking, has a fine eye, and an
excellent disposition.

Colonel McCulloch's appearance is fine; he is of genial nature,
and is an excellent officer. All three, subsequently, were members
of the General Assembly of Virginia.

That corpulent justice on the left, with full round face and white
hair, is John Duff, Esq. But few magistrates transact more business
at "Warrant tryings" than he, and general satisfaction is
given.

That very tall, venerable and clerical-looking gentleman near Mr.
Duff and from the same region of the county, is Edward Latham,
Esq. His fine suit of black velvet, for which he has a great partiality,
and his white flowing hair combed back over his head, well

formed, and his countenance lighted up with a smile, render his
appearance very imposing. He possesses an excellent mind, and
generally arrives at very correct conclusions.

Those two justices just taking their seats are Major James Taylor
and Hatch D. Poston, Esq. They reside in the upper end of
the county and are gentlemen of excellent minds. In person they
are fine looking, and as officers of the county, they are highly
esteemed.

Next you see a heavy, well-set justice. In his manner, he is
very pleasant and agreeable, of good natural qualities, of well-balanced
mind, of sound and correct judgment. That is William
Davis, Esq.

Esteemed for his manly firmness and excellent nature, you see a
tall and slender gentleman to the right of Mr. Davis. That is John
McCulloch, Esq.

Abram Nordyke, Samuel Moore and Thomas McChesney, Esqs.,
sit next. Those gentlemen are deservedly honored, and held in high
esteem. They take rank among the substantial men of the country.

On the extreme left you are attracted by three gentlemen comparatively
young; we may say in the prime of manhood. They
seem to take their position deferentially to the venerable men from
whom they would learn lessons of wisdom in their new vocation.
The first exhibits a fine personal appearance, ready in his utterances,
and bends gracefully forward as he expresses an opinion, his
red face sparkling with smiles, and he takes care to indulge, meanwhile,
in an occasional sally of wit and good humor. His genial,
happy nature leads him to think well of the denizens of this world,
and sometimes, even on the bench, he will illustrate his opinions by
the relation of an appropriate anecdote. Intelligent and wise in
council, the county has long been favored with his services. The
justice referred to is John N. Humes, Esq.

The second is a slender gentleman, very neat in his dress, sits
quite erect and frequently turns his quick, penetrating eye towards
the senior members of the court. He seems to measure his words,
which are fitly spoken, when uttered, a valuable member of the court,
very commendably polite, and extremely graceful in his manners.
That member is Peter J. Branch, Esq.

The third gentleman is very easy and social in manner and disposition.
His shoulders droop a little as he sits on the bench; his

opinions are communicated with unreserved freedom and with a
sincere desire that right and justice shall prevail. His face is somewhat
elongated when he is looking serious, but pleasant and social
as he is generally, he will often give you the benefit of one of his
old-fashioned jokes. That valuable citizen and justice is Colonel
Samuel E. Goodson. Pity some amiable lady had not long since
won his heart, for, unfortunately for his country's good, he is a
bachelor! Since a Representative in the State Legislature.

Thomas McChesney, Esq., occupies his seat near the three last-named
gentlemen. His tall, slender figure, his intellectual, gray
head, forehead sloping back, give him an appearance at once commanding
respect. He performs a great deal of private business for
his countymen in writing documents, and is a very useful citizen.

Near Mr. McChesney sits Captain John Moffet. He is a gentleman
of fine sense, plain and unostentatious in manner. He is about
five feet eleven inches high, with a full developed form, and has a
very pleasant and genial appearance. In dispensing justice, he is
decided, but always mild and courteous.

The following lawyers composed the Abingdon bar in 1831,
including those not residents of the county: Henry St. John Dixon,
Edward Campbell, John H. Fulton, Peter C. Johnston, Peter Mayo,
David McComas, Charles C. Johnson, Joseph Draper, William M.
Fulton, Samuel Logan, Dale Carter, Andrew S. Fulton, Charles E.
Harrison, Charles S. Bekem, Beverly R. Johnston and John Hall,
Esqs.

The General Assembly of Virginia, on March 11, 1836, incorporated
the Lynchburg and Tennessee Railroad, and authorized subscriptions
to the enterprise at different points from Lynchburg, west.

The commissioners appointed to solicit and receive subscriptions
at Abingdon were: David Campbell, James White, Andrew
Russell, John M. Preston, John C. Greenway, Francis Smith, John
Preston, William Byars, Samuel E. Goodson, Jonathan King and
John W. C. Watson.

So far as I can ascertain, no effort of any consequence was made
to build or complete the railroad as contemplated by the foregoing
Act.

In the year 1837 the construction of a turnpike road from Pond
Gap of the Cumberland mountain on the Kentucky line to the
Fincastle and Cumberland Gap road was begun, and John Preston,

William Byars, Charles S. Bekem and Charles J. Cummings, were
appointed commissioners to solicit subscriptions to this enterprise
by the county court of this county.

Some time previous to the year 1837, the county court of this
county decided to erect a new building to be used as a jail for this
county, and appointed John M. Preston, Samuel Chastain and Elias
Ogden a committee to superintend the erection of said building, and
on the 28th day of May, 1838, the county court of this county
authorized the erection of a stone kitchen twenty feet square from
out to out, on the public lot on which the new jail was situated, and
appointed John M. Preston, Elias Ogden and Jacob Lynch commissioners
for the purpose of contracting for and superintending the
building thereof.

The court directed this stone kitchen to be erected out of stone
from the old jail of the county, which old jail was built at a very
early date in the history of our county. The new county jail was
completed on the 23d day of October, 1838, and received by the
county.

This jail was destroyed by the Federal troops in December, 1864.
It stood upon the lot at the intersection of Valley and Court streets.

In the year 1837, Colonel John Keller, the representative from
this county in the Senate of Virginia, and a member of the county
court of this county, departed this life. Whereupon the county
court of this county adopted the following resolutions:

"Authentic information of the recent death of our highly-esteemed
fellow-citizen, Col. John Keller, late our Representative in
the Senate of Virginia and a member of this Court, having reached
the court of Washington county, whilst in session, and the court
and bar being desirous of testifying their sense of the worth and
excellence of Col. Keller, as well as their sorrow for his loss by this
afflicting dispensation of Divine Providence, in removing from us
in the prime of manhood, a citizen so distinguished for his worth
and usefulness and so generally esteemed and beloved for his
amiable deportment and sterling integrity; it is therefore resolved
that in token of respect for the memory of the late Col. John
Keller and regret for his loss, the members of this court and bar
will wear crape for the next month on the left arm. And it is further
resolved that these proceedings be entered amongst the minutes
of the court and published in the Virginia Statesman."

Colonel Keller was succeeded in the Senate of Virginia by the
Honorable Fayette McMullen, who represented this senatorial district
for the term of ten years without a break.

At the same time and for the same term the Hon. George W.
Hopkins represented this district in the Congress of the United
States, and the Hon. Samuel E. Goodson represented this county
in the House of Delegates of Virginia, three Democrats of the Jacksonian
type and three of the most successful politicians in the history
of our country.

On the 22d day of October, 1838, Colonel James White, one of
the distinguished citizens of this country, departed this life.

Upon receipt of the news of the death of Colonel White, the
county court of Washington county adopted the following resolutions:

"The death of Colonel James White, a most enterprising, useful
and worthy citizen of this county, who has long been an able,
enlightened, just and firm member of this court, being announced,
and this court and its officers and the members of the bar being desirous
of expressing their deep grief for his loss and the high respect
which they entertain for his memory, unanimously adopt the
following resolutions, which are ordered to be spread upon the
records of the court.

"1st. Resolved, That the court, its officers and the members of
the bar have heard with unfeigned regret of the death of Colonel
James White.

"2d. Resolved, That in the death of Colonel James White society
has lost a worthy, intelligent and excellent member, and the county
an upright, just and efficient public officer.

"3d. Resolved, That as a mark of respect for the memory of the
deceased, the court, its officers and the members of the bar will wear
the usual badge of mourning for 30 days.

"4th. Resolved, That they tender their sincere condolence to the
widow and children of the deceased, and that they sincerely join
with them in deploring the loss of the husband, father and friend.

"5th. Resolved, That the clerk of this court do furnish a copy of
these resolutions to the widow of the deceased and that he also cause
a copy of them to be furnished the Virginia Statesman, with a request
that the same be inserted.

"6th. Resolved, That this court do now adjourn and that they,
its officers and the members of the bar will attend the funeral of
the deceased to-morrow at ten o'clock."

Colonel White was the architect of his own fortune, and at the
date of his death the wealthiest man that has lived in Washington
county.

Alexander Findlay, E. S. Watson and Peter J. Branch were selected
to appraise and divide his property between his heirs-at-law,
and their report shows that his personal property and landed
estate was worth $669,085.05.[12]

As an evidence of the superstition even now occasionally existing
among the lower class of the country, there resided in 1838, in
the hills, a few miles from Abingdon, a man by the name of Marsh,
who was deemed by his neighbors not only honest and industrious,
but possessed of as much intelligence as most people in the lower
walks of life. This man was severely afflicted with scrofula, and
imagined his disease to be the effects of a spell or pow-wow practiced
upon him by a conjurer or wizard in the neighborhood by the
name of Yates. This impression taking firm hold of Marsh's mind,
he was thoroughly convinced that Yates could, if he chose, remove
the malady. The latter, termed an Indian doctor, was sent for
and administered his nostrums. The patient, growing worse,
determined to try another remedy, which was to take the life of
Yates. To accomplish this he sketched a rude likeness of Yates
upon a tree, and shot at it repeatedly with bullets containing a
portion of silver. Yates, contrary to his expectations, still survived.
Marsh then determined to draw a bead upon the original,
and accordingly charged an old musket with two balls, an admixture
of silver and lead, watched an opportunity and shot his victim
as he was quietly passing along the road, both balls entering
the back of the neck. Yates, however, survived, and Marsh was
sent to the penitentiary.[13]