AUGUSTA COUNTY.

SCRAPS FROM THE RECORDS.

Whatever serves to illustrate the character and customs of the people of a past generation is interesting, and especially so, to their descendants, or successors. The early records of Augusta County furnish many passages of this description, some of which we propose to publish. Some of them are interesting as items of history, derived from a source which entitles them to entire credit, and not founded on vague tradition; and others are curious as exhibiting the simplicity of the times-the sternness with which laws, apparently the most severe, were executed-and the great changes which have taken place in our County in the course of a century.

The first Court was held in this County on the 9th day of December, 1745. The Magistrates were John Lewis, Hugh Thompson, Robert Cunningham, James Kerr and Adam Dickenson. John Patton was the first Sheriff. John Madison, father of the late Bishop Madison of the Episcopal Church, was appointed Clerk by commission under the hand and seal of Thomas Nelson, Secretary of Virginia.-William Russell, James Porteus, Gabriel Jones, John Quinn and Thomas Chew, qualified as Attorneys. On the second day of the Court, a commission, under the hand of William Dawson, President of William and Mary College, was read, appointing Thomas Lewis surveyor. "James Patton, Sheriff, moved the Court to be informed how he was to secure his prisoners, as well debtors as criminals, there being no prison: Whereupon, the Court ordered the Sheriff to summon a sufficient guard, and to pay them out

of the next County levy; and also, that he provide shackles, bolts, handcuffs, &c." A committee was appointed "to agree with workmen to repair the court-house, build a prison, and erect stocks." Thus all the "means and appliances" being provided for the administration of justice and the punishment of offenders, the Court set to work to do their duty; and they did it sometimes with, what would now be called, a vengeance.

Feb. 10, 1746.-It was "ordered that the Sheriff take William Linwell into custody, and that he be fined five shillings for being drunk." Feb. 11th." The Court being informed that James McClune hath spoke treasonable words, it is ordered that the Sheriff bring him before the Court to answer the same."

The following order throws some light upon the habits of the lawyers of that day. We presume it has never been rescinded: Feb. 12th." Ordered that any attorney interrupting another at the bar, or speaking when he is not employed, forfeit five shillings." "Ordered that William Smith pay five shillings for being drunk.' That seems to have been the regular charge for the privilege.

Feb. 19th. The claims of fourteen persons for losses sustained by the Indians were proved in Court, and ordered to be certified to the General Assembly for allowance. These losses were, no doubt, sustained the previous year, when the Shawnees made an inroad upon the settlers. A battle was fought between them and a company of men under Capt. McDowell, in which the whites were worsted -the Captain and a number of his men being killed.

March 10th.-The following rate for ordinaries was adopted, viz: A hot diet well dressed, 9d; a cold, ditto, 6d; lodging, with clean sheets, 3d, (how much with unclean is not stated;) stabling and fodder a night, 6d; rum, the gallon, 9s; whiskey, the gallon, 6s; claret, the quart, 5s.

April 15th." John Nicholas, gentleman, deputy attorney of this County, having refused to officiate, the Court do recommend Gabriel Jones, gentleman, to his Honor the Governor, as a fit person to transact his Majesty's affairs in this county."

May, 1746.-" John Preston came into Court and prayed leave to prove his importation, which was granted him : and thereupon he made oath that, at his own charge, he had imported himself, Elizabeth his wife, William his son, and Lettica and Ann his daughters, immediately from Ireland into this colony, and that this is the first time of proving his said right, in order to partake of his Majesty's bounty for taking up land." At the same Court it was "ordered that Edward Boyle for damning the Court and swearing four oaths in their presence, be put in the stocks for two hours and be fined twenty shillings."

May 21st, 1747.-George Wythe, the celebrated lawyer and signer of the Declaration of Independence, qualified to practice as an attorney in this Court. The Grand Jury presented five persons as swearers and two for Sabbathbreaking.

May 20th, 1748.-"On the motion of Matthew Lyle, yts ordered to be certified, that they have built a Presbyterian Meeting-house at a place known by the name of Timber Ridge; another at New Providence; and another at a place known by the name of Falling Spring." Dissenters were permitted to worship only at certain authorized places.

May 17th, 1749.-" Jacob Castle being accused by the oath of Adam Harmon for threatening to goe over to and be aiding and assisting to the French against his Majesty's forces, as appears by precept under the hand of John Buchanon and George Robinson, gentlemen, its ordered that the Sheriff take the said Castle into custody."

Gabriel Jones, whose name has occurred several times,

was the first, and for a long time, the only lawyer that lived in this region of country.-He was, therefore, emphatically the lawyer. He lived near Port Republic, and the road he travelled to Court is still known as the Lawyer's road. An incident, which is said to have occurred at a period much later than any of the preceding dates, is related to show the extent of his influence. He was once engaged in a case and had Judge Holmes, then a young man, as opposing counsel. The Judge was mischievous and witty, and contrived to get the old gentleman in a furious passion, when he became very profane. After bearing with him for some time, the Court consulted together to determine what should be done. To think of punishing lawyer Jones was altogether out of the question; so the presiding Justice gravely gave in this wise decision:-"That if Mister Holmes did not quit worrying Mister Jones and making him curse and swear so, he should be sent to jail."

J. A. W.

Staunton.

THE ASSOCIATION IN WILLIAMSBURG, IN 1770.

[We copy the following paper from the Virginia Gazette of June 28th, 1770, (an odd number that we happen to have,) and cannot doubt that it will be read with lively interest, as furnishing a fine illustration of the old Virginia spirit of that day. Our colonial fathers could not lawfully forbid or prevent the importation of British or foreign goods, but they could abstain from importing, or using them after they were brought into the country; and they were ready to suffer any inconvenience, in order to maintain their true constitutional rights and liberties as British freemen, against the arbitrary acts of the British Parliament,

intended and calculated to circumvent them. It will be observed that the most eminent names of Virginia are among the signatures to the paper.

The proceedings of the company at the Old Raleigh, which we add from the same source, are in proper keeping with the spirit of the Association; and the toasts and sentiments drunk on the occasion are manifestly in good taste, and such as must have given a new relish to their wine.]

The ASSOCIATION entered into last Friday, the 22nd instant, by the Gentlemen of the House of Burgesses, and the Body of Merchants, assembled in this city.

WE

E his Majesty's most dutiful and loyal subjects of Virginia, declaring our inviolable and unshaken fidelity and attachment to our gracious sovereign, our affection for all our fellow subjects of Great Britain, and our firm determination to support, at the hazard of our lives and fortunes, the laws, the peace, and good order of government in this colony; but at the same time affected with great and just apprehensions of the fatal consequences certainly to follow from the arbitrary imposition of taxes on the people of America, for the purpose of raising a revenue from them, without the consent of their representatives; and as we consider it to be the indispensable duty of every virtuous member of society to prevent the ruin, and promote the happiness, of his country, by every lawful means, although in the prosecution of such a laudable and necessary design some unhappy consequences may be derived to many innocent fellow subjects, whom we wish not to injure, and who we hope will impute our conduct to the real necessity of our affairs: Influenced by these reasons, we do most earnestly recommend this our association to the serious attention of all Gentlemen merchants, traders, and other inhabitants of this colony, not doubting but they will readily and cordially accede thereto. And at the same time we, and every of us, do most solemnly oblige ourselves, upon our word and honor, to promote the welfare and commercial interests of all those truly worthy merchants, traders, and others, inhabitants of this colony, who shall hereafter