THE HISTORY OF MARSHALL COUNTY

by Scott Powell, 1925

BAR

Contributed by Frank Manning.

MARSHALL COUNTY

Pages 106-117

This county was created by an act of the General Assembly of Virginia of the twelfth of March 1835, which cut two hundred and forty square miles from the lower part of Ohio County. The Act read: "That all that part of the county of Ohio south of a line beginning on the Ohio river at a stone to be fixed on the bank of said river one-half mile above the mouth of Boggs Run thence a direct line to the northern boundary of the town of West Union, and thence to the Pennsylvania line, shall form one distinct county to be called and known by the name of Marshall County." It was named in honor of John MARSHALL, Chief Justice of the United States.

The county courts of Virginia composed of justices of the peace, were vested with authority not exercised by such courts at the present day. They appointed all county and district officers or recommended persons of its selection to be appointed by the Governor.

The term of office of justices of the peace appears to have been for life or good behavior and that without remuneration and each county should have at least twelve justices of the peace commissioned in it as soon as it was possible to have that number appointed and commissioned after a new county was formed, and four of the number constituted a legal quorum for the transaction of business. The law required the court to recommend three of its members annually to the governor for appointment for county sheriff v hose term of office was one year and he could not serve more than two consecutive terms. The court recommended three of the senior members of it for such appointment as it was considered a method of remunerating them for their services as justices.

In June after the act was passed creating the new county, the justices of the peace within the limits thereof, convened and proceeded to organize civil government for the county and get it into operation.

The only county officer in the county at the time was Blair Moran, Sheriff of Ohio County. who by the act of separation, was made sheriff of Marshall County until the first of June 1836 (until a sheriff could be regularly recommended and commissioned by the Governor of the Commonwealth. It will be interesting to notice the language in which the proceedings are recorded and notice the many changes made in the years passed since that date and also the changes made in the several offices and no less important matter, that of remuneration for official service.

THE COUNTY COURT ELECTS AN ATTORNEY
FOR THE COMMONWEALTH AND A CLERK
FOR THE COURT-OTHER MATTERS

June 18, 1835.
Marshall County, to-wit;
In pursuance of an Act of the Assembly passed March 12, 1835, forming Marshall County out of the lower part of Ohio County; Jacob Burley, Benjamin McMechen, John Parriott, Samuel Howard and Zadock Masters, gentlemen, met at the Brick School house in Elizabethtown in said county and produced Commissions from the Governor of the Commonwealth commissioning them justices of the Peace for said county and having severally taken the oath to support the Constitution of the United States, the oath of fidelity to the Commonwealth, the oath against duelling and the oath of office as prescribed by law to be taken by justices of the Peace in this Commonwealth (a certificate whereof under the hand and seal of A. Wood, Esq., of Ohio County is on file in this office) took their seats upon the bench and proclamation being made by the sheriff as the manner is, the court proceeded viva voce to the election of an attorney for the Commonwealth for this county; whereupon Jacob Burley, Benjamin McMechen, Samuel Howard and John Parriott, Zadock Masters having voted for Elbert H. Caldwell, Esq., he was declared duly appointed Commonwealth attorney for this county and thereupon said Caldwell came into court and took the several oaths as prescribed by law to be taken by him as such and the oath of a practicing Attorney of the court.

The court proceeded to elect a clerk for this county; whereupon ballotting for the same stood thus:

First, For James Burley, candidate, Jacob Burley, Samuel Howard.

First, For Jas. D. Morris, candidate, John Parriott.

First, For Hiram McMechen, candidate, Benjamin McMechen and Zadock Masters.

Second, For James Burley, candidate, Jacob Burley and Samuel Howard.

Second, For James D. Morris, candidate, John Parriott.

Second, For Hiram McMechen, candidate, Benjamin McMechen and Zadock Masters.

Third, For James Burley, candidate, Jacob Burley and Samuel Howard.

Third, For James D. Morris, candidate, John Parriott, Benjamin McMechen and Zadock Masters; whereupon it appearing that James D. Morris had a majority of the votes of all the justices in Commission in the county, he was declared elected clerk of this court and thereupon the said James D. Morris with John Parriott, Wm. McConnell, Z. Masters and Benjamin Cockayne his securities entered into and acknowledged a Bond in the penalty of Three Thousand dollars and the said James D. Morris took the oath of fidelity to the Commonwealth, the oath to support the Constitution of the United States, the oath to suppress duelling and the oath of office.

Moses C. Good, William McConnell, Zachariah Jacob, John McFarren, Francis C. Campbell, Lewis Steenrod, Morgan Nelson, Isaac Hoge, Jr., James A. Clark, J. Y. Armstrong.

Esq., who have been duly licensed to practice the law in the Commonwealth, on their motion, have leave to practice in the court in this county and thereupon they took the oath prescribed by law.

Ordered that this court meet after dinner at four o'clock at Mrs. Susan Parriott's, in Moundsville and that that be the place for holding the courts of this county in the future until the public buildings shall be erected.

Walter Grey, gentleman foreman, Jesse Burch, John Criswell, John Riggs, Vincent Cockayne, John Ward, Samuel Burris, John Barto, John Huggans, James Dunlap, Reuben Roberts, Edward Gregg, James Riggs, John Taylor, Zachariah Wayman, John Anderson, William McFarland, Benjamin Cockayne, Samuel Venus, William Woodburn and John Brown were sworn a grand jury for the body of this county and were adjourned over until tomorrow morning at nine o'clock.

On the petition of Samuel Cockayne who produced the sheriff's receipt for the taxes imposed by law and entered into Bond with good security in the sum of $150 conditioned as the law directs, a license is granted him to keep an ordinary at his house in this county until the next May term of this court, the court being of the opinion that he is a man of honesty. probity and good demeanor, not addicted to gaining or drunkenness.

Benjamin Harvey having produced the sheriff's receipt for the taxes imposed by law, permission is granted him to keep private entertainment at his house in this county.

The last will and testament of Margaret Cauglin, deceased, is produced in court and proved by the oath of John Parriott, William Vansyoc and Alexander McDonald the subscribing witnesses thereto and thereupon the said will is ordered to be recorded.

The court being of the opinion that John Parriott is a discreet person he having given bond with security in the penalty of Fifteen Hundred dollars conditioned as the law directs and taken the oath of fidelity to the Commonwealth, doth authorize said Parriott to celebrate the rite of marriage in this county.

Ordered that court adjourn till tomorrow morning at nine o'clock.

B. McMECHEN.

Grand Jury Returns Indictments

On June the nineteenth the grand jury convened pursuant to its adjournment, as recorded, and received its instructions from the Attorney for the Commonwealth and retired to a room to take up its work.

Late in the day four indictments were reported, all true bills, of which they were for assault and battery. The grand jury having completed its work was discharged.

The court ordered the sheriff to subpoena all the persons indicted to appear at the next quarterly term of court to answer to the indictments.

The records of the court shows that they appeared as cited and were represented by attorneys and were given a trial before a jury as in the Circuit Court at the present day.

Recommendation for Coroner

June 19, 1835.

The court doth recommend to the executive Richard Morton and William Woodburn to be commissioned to execute the office of coroner within this county upon which recommendation stood thus:

For Richard Morton-Benjamin McMechen, John Parriott, Samuel Howard, Jacob Burley and Z. Masters.

For William Woodburn--Benjainin McMechen, John Parriott, Samuel Howard, Jacob Burley and Z. Masters.

Under the date of July 25, 1835, the following appears on the records:

RICHARD MORTON this day produced to the court a commission under the hand of the Governor and of the seal of the Commonwealth appointing him to execute the office of coroner within this county during good behavior, and thereupon the said Richard Morton took the several oaths required by law and Simeon B. Purdy, Samuel Dorsey and Walter Gray his securities entered into a bond in the penalty of $3000 conditioned as the law directs, which bond was acknowledged by the several obligors therein named and ordered to be recorded.

Saturday, June 20, 1835.

Present: Jacob Burley, John Parriott, Zadock Masters and Samuel Howard.

Ordered that the sheriff summons the justices of the county to appear here on the first day of the next July Term of this Court for the purpose of making recommendations of other persons to be appointed and commissioned justices for this County.

Jacob Lewis who was on yesterday appointed one of the overseers of the poor for this county came into court and was duly qualified as such by taking the several oaths prescribed by law.

Odered that the $200 laid in the levy of this year for the improvement of the navigation of Fish Creek be paid to the future order of this court.

Ordered that Samuel Howard, Esq. and Joseph McClean, Jr. be and are hereby appointed Commissioners to examine the improvement made by Jacob Burley, Esq. In the navigation of Fish Creek and make a report thereof to the October Term of this Court.

Present: John Parriott, Z. Masters, Jacob Burley, and Samuel Howard, gentlemen. The court proceeded to lay the county levy for the year 1835, which is as follows:

To E. H. Caldwell, attorney for the Commonwealth,
for public services ...................................      $50.00
To James D. Morris, clerk of this court, for public services 110.00 
To Blair Moran, sheriff ....................................  90.00 
To James D. Morris, clerk of this court, for books and
stationery .................................................  90.00 
To Joseph McClean for running the line between Marshall and
Ohio counties subject to the order of this court  ..........  45.00 
To George Corrathers, jailor...............................   12.00 
To For the improvement of the navigation of Fish Creek ....  200.00 
To B. Moran, sheriff commission............................   35.00 
                                                      Total $572.00 
It appearing to the satisfaction of the court by the return of the Commissioner of the revenue that there are thirteen hundred and five titheables in this county, it is ordered that the sheriff collect off of each titheable in this county the sum of forty-eight cents as a county tax for the year eighteen hundred and thirty-five.

Ordered that Henry Ewing be appointed surveyor of the road leading from Robert Martin's Mill on Stulls run through the lands of the heirs of Robert Woods, deceased, Robert Martin, Willis Rush, William Scott, John Null, Skelton Standiford, Henry Ewing and that the usual titheables do work thereon under him.

Ordered that court adjourn until court in case.

JACOB BURLEY.

County Surveyor and Commissioner of the Revenue and Justices

On July the twenty-third the County Court recommended or appointed officers to be commissioned as the following records indicate:

Present: Jacob Burley, John Parriott, Zadock Masters, Benjamin McMechen, Samuel Howard and Thos. Buchannan, gentlemen.

A majority of the acting justices of this county being present and deeming it expedient it is ordered that Lewis Bonnett, Charles P. Wells, William McFarland, Thomas H. List. John T. McCreary and Robert McConahey, gentlemen, be recommended to the executive of the Commonwealth as fit and proper persons to be commissioned justices of the Peace for said county.

The County Court proceeded to recommend the executive a County Surveyor for this county, whereupon the vote stood thus:

First, For Jesse Burch-Jacob Burley and Samuel Howard.

First, For Joseph Wilson-John Parriott.

First, For Joseph McClean-Benjamin McMechen, Z. Masters and Thomas Buchanan.

Second, For Jesse Burch-Jacob Burley and Samuel Howard and John Parriott.

Second, For Joseph McClean-B. McMechen, Z. Masters and Thos. Buchanan. Whereupon it appearing that neither Joseph McClean nor Jesse Burch had a majority of the votes of all the justices present; the sheriff of Ohio County, who is sheriff of this county by the act of Assembly forming this county, was called to give the casting vote; the said sheriff came into court and voting for Joseph McClean, the court doth recommend to the executive Joseph McClean as a fit and proper person to be commissioned to execute the office of County Surveyor within this county.

Friday, August 21, 1835.

Present: Z. Masters, Benjamin McMechen, Samuel Howard, John Parriott and Jacob Burley, Gentlemen Justices. Ordered that the overseers of the poor bind out according to law to John Barto (Cooper), Samuel Henderson, a poor orphan son of--until he attains the age of twenty-one. Ordered that the article of agreement entered into by Thomas H. List and Simeon B. Purdy and Joseph McClean of a commission with Joseph McClean, Jr., for the erection of a jail for said county, is approved by this court and that the same be recorded.

Ordered that the sheriff summon the justices of this county to attend on the first day of the next term for the purpose of appointing a commissioner of revenue for this court and for other purposes.

The court set the following rates and prices to be paid at all ordinaries within this county for liquor, diet, lodging, provender, stabling, fodder and pasturage, to-wit:

For a quart of Mederia wine ..............   $1.00 
For a quart of Sherry wine ...............    1.00 
For a quart of other wine ................    1.00 
For a half pint of imported spirits ......     .25 
For a half-pint country gin ..............     .25 
For a half-pint whiskey ..................     .12 1/2 
For a half-pint peach or apple brandy or 
     cherry bounce .......................     .12 1/2
Dinner ...................................     .25 
Breakfast or supper.......................     .25
Horse at hay per night....................     .12 1/2 
Gallon of oats............................     .12 1/2 
Horse pasture per night...................     .12 1/2 
Lodging ..................................     .12 1/2 

Ordered that the sheriff deliver to the surveyors of roads in this county the copies of orders handed him by the clerk of this court which shall be a sufficient execution of the same. Ordered the court adjourn till court in course.

JOHN PARRIOTT.

Under the date of September 24, 1835, the following proceedings of the county court are found recorded:

Simeon B. Purdy, Thomas H. List, Francis Kelley, and William McFarland, gentlemen who have been appointed justices of the peace for the County of Marshall by commissions under the hand of Littleton W. Tazwell, Governor of the Commonwealth, with the seal of the Commonwealth thereto affixed, this day appeared in court and took the oath of fidelity to the Commonwealth, with the several oaths of office, the oath prescribed by an act entitled an act to suppress duelling, and the oath to support the constitution of the United States.

The county court proceeded to the appointment of the commissioner of the revenue for this county, whereupon the vote stood thus:

For Christopher Parriott, candidate-John Parriott, Simeon B. Purdy, Samuel Howard. Jacob Burley and Francis Kelley. For Michael Dunn. candidate-Thomas H. List, Thos. Buchanan, Z. Masters, Benjamin McMechen and William McFarland, and it appearing that neither Christopher Parriott nor Michael Dunn had a majority of the votes of all the justices present the sheriff of Ohio County, who is sheriff of this county, by the act forming this county, was called to give the casting vote, and the said sheriff came into court and voting for Christopher Parriott, the court doth appoint him, the said Christopher Parriott, to execute the office of commissioner of the revenue for this county.

Deputy Sheriffs and Election Commissioners. Under date of September 25, 1835. Robert Shoemaker and Jacob Jefferson are by Blair Moran, sheriff of this county, appointed deputy sheriffs during pleasure and the court being of the opinion that the said Robert Shoemaker and Jacob Jefferson are men of honesty, probity and good demeanor. They took the several oaths prescribed by law.

The court appointed the following persons as commissioners to superintend the election to be held for a senator to fill a vacancy occurred by the death of Col. Jno. McCoy, to be held in this county at the several precincts ...... day of October court, viz.: at Elizabethtown, James C. Bonar, Joseph McClean, Jr., John Riggs, Simeon Purdy and Walter Gray; at Fish Creek, C. P. Wells, Nicholas Wykart, Timothy Mayhall, and Joseph Alexander; at Howard, Jesse Burch, John Wilson and Edward Dowler ; at Buchanan, James Erring, John. B. West, and Levi Bonnett.

Committee Reports on Navigation of Fish Creek.

Friday, October 23, 1835. James Bohanan, Jesse Burch and Samuel Howard reported to court in words following: In pursuance to an order of the court to us directed to examine the improvement made by Jacob Burley, Esq., in the navigation of Fish Creek from the forks of said creek to the mouth of the same, are of the opinion that the improvement made therein agrees with an article signed by Joshua Garner and Samuel Howard, commissioners appointed by the court of Ohio County for this purpose, and Jacob Burley.

Given under our hands this 19th day of October, 1835. James Bohanan (Seal.) Jesse Burch (Seal.)

S. Howard (Seal.) Thursday, 19th of November, 1835. Samuel Howard, John Parriott and Zadock Masters are by this court recommended to the Governor as fit persons to execute the office of sheriff for the ensuing year, to which recommendation the vote stood thus:

For Samuel Howard-Z. Masters, Jacob Burley, Thomas Buchanan, John Parriott, James McConaghy, Thos. H. List, and Francis Kelley.

For John Parriott-Z. Masters, Jacob Burley, Thomas Buchanan, James McConaghy, Thos. H. List, Samuel Howard and Francis Kelley.

For Zadock Masters-Jacob Burley, Thomas Buchanan, John Parriott, James McConaghy, Thomas H. List, Samuel Howard and Francis Kelley.

Commissioner of Revenue Gives Bond.

Christopher Parriott, who was appointed commissioner of the revenue for the county, this day entered into bond with Samuel Howard and John Parriott, his securities, which bond is in the words: Know all men by these presents, that we, Christopher Parriott, Samuel Howard and John Parriott, are held and firmly bound unto Littleton W. Tazwell, Esq., Governor and Chief Magistrate of the Commonwealth of Virginia, in the just and full sum of one thousand dollars to be paid to the said Governor and his successors for the use of the said Commonwealth; for the payment whereof well and truly to be made, we bind ourselves and each of our heirs, executors and administrators jointly and severally firmly by these presents, sealed with our seals and dated the 19th day of November, 183.

The conditions of the above obligation is such that whereas the court of Marshall County have appointed the above bound Christopher Parriott commissioner of the revenue for said county for the term of one year; now, if said Christopher Parriott shall faithfully perform the duties of said office during the said term then the above obligation to be void, otherwise to remain in full force and virtue.

C. C. Parriott (Seal.)
S. Howard (Seal.)
John Parriott (Seal.)

Which bond was acknowledged by the said commission and his securities and it is ordered that the clerk transmit a copy of said bond to the Auditor of Public Accounts.

Surveyor Gives Bond.

January 11, 1836.

Joseph McClean produced a commission under the hand of the Governor and the seal of the Commonwealth appointing him surveyor of this county for the term of seven years from this day; and thereupon the said Joseph McClean took the several oaths required by law and with Horatio J. McClean and James Burley, his securities, entered into and acknowledged a bond and penalty directed by said commission and conditioned as the law directs.

Morgan Jones is, by Joseph McClean, surveyor of this county, appointed his deputy during pleasure, and he took the several oaths required by law.

Sheriff Gives Bond.

March 24, 1836.

SAMUEL HOWARD, gentleman, this day produced to the court a commission under the hands of the Governor of the Commonwealth with the seal of the Commonwealth thereto affixed, whereby he is commissioned to execute the office of sheriff of this county until the first quarterly term of this court for the year 1837. And thereupon the said Samuel Howard together with James Burley, Joseph Alexander and Joseph McClean, his securities, entered into and acknowledged three several bonds in the penalty of $30,000 each, conditioned according to law, which bond is ordered to be recorded, and the said Samuel Howard took the oath of fidelity to the Commonwealth, the oath prescribed by the act entitled, an act to suppress duelling, the oath to support the constitution of the United States and the oath of office.

James Burley and Joshua Burley art, by Samuel Howard, sheriff of this county, appointed deputy sheriffs during pleasure and the court being of the opinion that the said James Burley and Joshua Burley are men of honesty, probity and good demeanor and they severally took the several oaths prescribed by lazy.

March 26, 1836.

Jesse V. Hughes and James Dunlap are, by Samuel Howard, sheriff of this county, appointed deputy sheriffs during pleasure and the court being of the opinion that the said Jesse V. Hughes and James Dunlap are men of honesty. probity and good demeanor, they severally took the several oaths prescribed by law.

Saturday. April 23, 1836.

Present: Wm. McFarland, Zadock Saturday. Simeon B. Purdy, and John Parriott, Gentlemen Justices, etc.

Samuel Howard is, by Samuel Howard, Sr., gentleman sheriff of this county, appointed his deputy sheriff during pleasure and the court being of the opinion that the said Samuel Howard is a man of honesty, probity and good demeanor, he took the several oaths prescribed by law. Ordered that court adjourn till court in course.

WM. McFARLAND.

Other appointments made to fill the many official positions in the county for the several purposes were:

School Commissinoers, term of office, one year-Walter Gray, Timothy Mayhall, Nathaniel Shepherd, Jacob Burley, Mordacai Bane, Wm. B. Buchanan and George Dowler.

Constables; term of service, two years-Joshua Burley, John Dickey, Robert Shoemaker, Jesse V. Hughes, Samuel Gatts, Benjamin Blodget, James Dunlap and Samuel Howard. Several of these were later appointed deputy sheriffs.

Road Supervisors; term of office, one year-Henry Parsons, Henry Campbell, Edward Gregg, James Ramsey, Bennett Logsdon, David Lutes, Reason B. Howard, Thomas Howard, John Ward, Robert Patterson, Wm. O. Powell, Samuel Venus, Richard Rulong, John Barto, Joseph Magers, Joshua Garner, Job Smith, Andrew Jenny, David Wells, Miner Burge, James Standiford, John Reed, David Rush, Edward Dowler, John Gray, Silas Price, Benjamin S. Gregg, John Minson, Thomas Pollock, Wm. Vanscyoc, John Rine, Michael Dowler, Samuel Dorsey, Philip Jones, Robert Davis, Abraham Earliwine, David Anguish, Samuel Smith, Thomas Coffeld, William Hull, Abraham Covolt, Joseph Loudenslager, Jacob Crow, William Williams, Jonathan Roberts, Thomas Clegg, Benjamin Harvey, Joseph Montgomery, Isaac Hubbs, Micajah Doty, Lazarus Ryan, Jacob Grandstaff, John Scott, Harvey Bowers, Benjamin Shepherd, Joseph White, Alexander Caldwell, Wm. Holliday, Robert Cecil, Bonham Martin, Peter Orum and Daniel Gorby.

At a regular session of the county court in the year 1837, the county was divided into three districts for convenience of constables, as is stated in the language of the records, and as follows:

First District-All north of Wheeling Creek.

Second District-Beginning at the Ohio River at the county line between Ohio and Marshall, then down said river to the mouth of Hog Run and up said run to Nathan Masters' farm, thence with the dividing ridge to Pennsylvania line and with said line to Wheeling Creek, and thence down said creek to the county line and thence with it to the beginning.

Third District-Beginning at Hog Run, thence down the river to the Tyler County line and thence east with said line to the Pennsylvania line. and thence north to the dividing ridge, thence with it to Masters' farm and down Hog Run to the river where it started.

At a regular session of the county court in February, 1842, at which session there were present the following justices of the Peace: Walter Gray, Jos. Junkins, William McFarland, Benjamin McMechen, John Parriott, Jas. Alexander, John Criswell, James C. Bonar, Robert McConaughey and Thomas Brown, the following action was taken and is here given in the exact words as recorded:

A majority of the magistrates being present the following resolution was adopted and ordered to be entered upon the Order Book of this court:

"Resolved that in the opinion of this court no license ought to be granted at the next May term for the retail of spiritous liquors within the limits of said country."

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