The Okie Legacy: Pendleton County, (West) Virginia

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Volume 14 , Issue 35

2012

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Pendleton County, (West) Virginia

As we continue with our look back to the History of Pendleton county, (West) Virginia we find that the first permit for a gristmill after Pendleton was organized appears to have been issued in 1803 in favor of James and John Dyer. The need of gunpowder in the war of 1812 stimulated the making of saltpeter from the nitrous earth found in the caverns of Cave Mountain, Trout Rock and Harman hills. This industry continued until after the breaking out of the war of 1861.Besides the Dyer surname showing up in our paternal ancestry, we have found the surname of Arbogast, Lightner and Kinkead/Kinkaid.

In making saltpeter the nitrous earth was leached and the leaching water boiled down. On cooling, the saltpeter rose to the surface and was afterward clarified. In recent years afterwards they witnessed the comparative extinction of these domestic industries. Tanning had lingered because of the mountain forests. The gristmill continued to run, because the absence of a railroad enabled it to compete with the flour from Minnesota. The handicrafts were represented only by the blacksmith, the wheelwright, and the shoemaker, and their work was almost limited to repair service. The home weaving of cloth was not totally extinct was due to the absence of a railroad and the consequent lingering of old-time habits.One distillery remained as a fact not mourned by good citizens.

The falling away of the little home industries was easily accounted for. The growing of flax was all but extinct in Pendleton as well as throughout the Appalachians in general. The little field of a quarter or a half acre was once a feature of almost every farm, and it entailed no wall amount of care and labor. The plants had to be pled by hand and tied into bundles with the poorer stems. After the manner of wheat sheaves these bundles were put into capped shocks until dry. Then after the seed had been threshed out with a flail, the stems were spread out on a meadow for two or three weeks to go through the retting process. Then a simple hand machine was used to break the stems so as to loosen the hard sheath from the interior fibers. The next step was the swinging, when each handful of the fiber resting on a board was struck with a not very sharp paddle to break off the shives. The yellow threads were now ready for the spinning wheel, and the linen which was afterwards woven was of several grades depending on the quality of the fiber.

The tall, yellow-flowered hemp was much grown, not only for the excellent rope and cord which were made from the strong fiber, but as a fabric also. A linen chain with a filling of hemp made a coarser cloth than the linen alone, and it was not so smooth, although it was exceedingly durable. The cloth was at first greenish-gray, finally becoming white. The hemp plant was as persistent as a weed, and had been known to maintain itself on the same ground for more than sixty years.

Wagons were rare. The clock wagon with a solid wheel cross-sectioned from a log and banded with a hoop was very serviceable in logging. Until about 1840 there was only two light wagons. When Zebulon Dyer drove from his home to Franklin in his carryall, people came to look at the strange sight as they turned out to gaze at the automobile. The first mower, appeared about 1858, cost $130. It had one large driving wheel and a wooden cutter-bar. The old fashioned plow with its curved oak moldboard was not swift in yielding to its metallic rival since the moldboard of iron did not scour so well as the one of steel which had since come into use.

The "frolic," especially for husking a farmer's crop of corn, was a recognized feature of farm labor. The absence of any but the simplest forms of farming tools made the collective display of human muscle absolutely necessary.

The reaper might cut his hand on his sickle in keeping a lookout for venomous snakes. But when his work was done he was free to hunt or fish at any time, and the considerable area of wild land still sheltered a considerable amount of game. Several hundred fish would be snared on a single occasion, but the small ones would be returned tot he river. The hams of a deer could be sold for $2.50.

Some men acquired much local fame as huntsmen, and were able to tally a long list of the deer and other animals that they killed. One of these men while on his way from Brandywine as a witness at court saw the trail of a bear and turned aside to follow it. Not being present when his name was called at court, a postponement was moved. The judge was inconveniently inquisitive, and drew out the cause of the man's absence. He then made the remark that the "Day of Judgment" would have to be postponed it if found this person trailing a wild animal.

The roads were still poor, yet were slowly becoming better. In 1850 we find provision for assessing the damages along the right of way of the Moorefield and South branch turnpike.

The militia system kept alive until dissipated under the heat of civil war. Each district supplied one company which assembled for muster in April and October. The regimental muster took place at the county seat toward the close of May. Thursday and Friday were training days for the officers, and Saturday was the day of general muster. Only the officers appeared in uniform, and they furnished their own blue, brass-buttoned costumes. A high-topped hat with a feather in front was worn, and also a low hat with its brim turned up on one side and its ostrich plume leaning back. The pantaloons had a yellow stripe on each side. A broad red sash was passed twice around the waist and tied in a loop with the ends drooping nearly to the ankle. The spectacular drill day took somewhat the place filled by the traveling circus, and its close was marked by drinking and brawling.

The affairs of the county seemed to have been prudently administered, the increase of revenue front he tithables just about keeping pace with the growth in population. Taxation was very low in comparison with the assessments they were familiar with back in 1910. In 1846 a resident of the Seneca valley was taxed one cent on a tract of 130 acres. That with hard effort kept his ground out of the delinquent tax list and it appeared that the title was still in his name several years later.

After the colonial days the citizen of foreign both became very rare, and in 1854 it looked like a strange incident to find a record of the naturalization of two Irishmen.

In 1851 we find mention of but four mercantile firms outside of Franklin. These were William Adamson at the Mouth of Seneca; William S. Arbogast at Circleville; Addison Harper on the South Fork; and I. A. and Enoch Graham at Upper Tract.

October 1846 Murder On Reed's Creek

In 1846 the community was stirred up by the atrocious crime perpetrated by William Hutson, A resident of Reed's Creek. He murdered his wife and several children. The trial took place October 2, 1846. Daniel Smith presided as judge. The 24 jurors appeared to have been the following: Benjamin Arbogast, Thomas Beveridge, Daniel Cotton, George Eagle, Samuel c. Eagle, Henry Fleisher, John Jack, Jacob Hull, John Lightner, Henry McCoy, James Moyers, James Morton, Jacob Smith, Benjamin Rexroad, Isaac Seybert, Joseph Siren, Abraham M. Wilson and Samuel Wilson. These jurors were chiefly from the southern end of the county. the names withdrawn do not appear. Deputy sheriffs, Peter H. Kinkead and John M. Jones, gave the oath to the jury. That body appeared to have come to a speedy agreement. It reported that, "We, the jury, find that William Hutson, the prisoner at the bar, is guilty of murder in manner and form as in the indictment against him is alleged, and we so decide and sustain that he is guilty of murder in the first degree."

In accordance with this verdict the prisoner was hanged near Franklin. It was the first legal execution in the county. Though at this distance of time it would appear that Hutson was a victim of some mental derangement, the prompt and unequivocal punishment was thought to have had a salutary influence for many years.

Soon after the Hutson trial the county of Highland was formed from portions of Bath and Pendleton. Its boundaries were defined by the legislative act of March 19, 1847, such as, "Beginning whereat he North River gap road crosses the Augusta county line, and running thence to the top of Jackson's Mountain, so as to leave Jacob Hiner's mansion house in Pendleton county, thence to Andrew Fleisher's so as to include his mansion house in the new county; thence to the highland between the Dry run and Crab Bottom, and thence along the top of the main ridge of said highlands, to the top of the High Knob; thence N. 65 degrees W. to Pocahontas county line."

The area of Pendleton was reduced from 990 square miles to 707, and its length of more than 40 miles was correspondingly shortened. The number of inhabitants in the section lost to Pendleton was about 2100. In 1850, the new county had a population of 4227. Of this number, 3837 were whites, 28 were free blacks, and 364 were slaves. The war with Mexico was then going on, and the name of Monterey, the county seat of Highland, commemorates a victory by General Taylor.

State Constitution of 1776

The state constitution of 1776 remained in force until 1830. it allowed two members in the House of Delegates to each and every county; no more and no less, except that the towns of Williamsburg and Norfolk were each entitled to one member. But the aristocratic complexion of the document grew more and more obnoxious to the counties west of the Blue Ridge. In 1825 a convention met at Staunton and issued an appeal tot he legislature, that a new constitution be framed. The direct result was the constitutional convention of 1829, of which General McCoy was one of the 96 members and the representative for Pendleton county. But the new instrument was not progressive. The counties east of the Blue Ridge were able to outbalance those to the westward, and the new constitution was drawn almost wholly in their interest. it was so displeasing to the counties which now form West Virginia that they gave 8365 votes against its adoption and only 1383 in its favor. But as the corresponding votes in the rest of the state were 7198 and 24,672, the new charter carried by a majority of nearly 11,000. The new constitution fixed the membership of the House of Delegates at 135, only 29 being apportioned to what was in 1910 West Virginia. The representation front he two divisions of the state was to remain unchanged, regardless of any unequal growth in population. As the weak counties were limited to a single delegate, the representation of Pendleton was reduced from two to one. There was a little broadening in the mater of voting qualifications, but in general there was no liberalizing of the forms of government.

Justices were commissioned as before, but the limit to each county was 12. The board was to make three nominations for the office of sheriff at the November term, the governor to commission that officer for a term of a little more or a little less than a year and a half, according to the date of commission. The governor also chose toe coroner from two nominees, the office being held during good behavior. The county clerk was appointed by the court for a term of seven years. Constables were appointed by the court for two years. There was to be a quarterly term of county court, and supplementary terms in each alternate month. The fourth Thursday in April was made election day, except for presidential electors. Female slaves above the age of 16 were counted as tithables.

The western counties of the state were restive under the illiberal features of the constitution of 1829, and in 1850 a new convention met at Richmond, deliberated nine land a half months, and framed the instrument which was ratified the next ear by a vote of 75,748 against 11,069. The member of the convention for Pendleton was A. M. Newman. The new constitution became effective January 1, 1852.

It was under this new charter, each magisterial district elected 4 justices, one of whom presided, the others being divided into classes. They were allowed a per diem of $3. County officers were also chosen by the people. The county clerk and county surveyor held office for 6 years, the prosecuting attorney for 4 years, and the sheriff and commissioner of revenue for 2 years. The right to vote was now freed from all property qualifications. The time of state elections was changed to the fourth Thursday in may. Pendleton was put with Augusta, Bath, Hardy, Highland, Rockbridge, Rockingham, and Shenandoah to form the Ninth Congressional District, and with Hardy, Highland, Page, Rockbridge, Shenandoah, and Warren to form the Twelfth Judicial Circuit.

Of the 32 state senators, 19 were to come from east of the Blue Ridge. Of the 152 members of the house of Delegates, 47 were allotted tot he counties now in West Virignia. In apportioning this representation, salve property was thrown into the scale, and as a vast majority of the slaves were east of the Blue Ridge, the East of the state retained the balance of power in its own hands. But as a concession tot he West, it was provided that in 1865, or in any tenth year thereafter, and in the event that the General assembly should fail to agree on a principle of representation, the voters of the state were to decide between four different schemes of suffrage.

These four plans were as follows:

  1. A suffrage basis resting solely on votes.
  2. A mixed basis, one delegate being assigned to each seventy-sixth of the number of whites, and one to each seventy-sixth of all state taxes on licenses and law processes, plus the capitation tax on freedmen.
  3. A Taxaton basis, the senators being apportioned on the taxation basis as aforesaid, andy he delegates on the suffrage basis.
  4. The senate to be chosen by the mixed basis, the lower house by the suffrage basis.
The year 1865 found the state of West Virginia an accomplished fact, and this elaborate scheme of the convention for retaining a control tot he East was long as possible had only an historic interest.   |  View or Add Comments (0 Comments)   |   Receive updates ( subscribers)  |   Unsubscribe


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