How Justice Grew: Virginia Counties, An Abstract of Their Formation

Five years passed and in the interval population had increased to such an extent in the western part of Virginia that four county governments had to be set up to take care of legal needs. One of these, Wise, formed from portions of Lee, Scott and Russell counties, remains in Virginia. The name honored Henry A. Wise, Governor of Virginia 1856-1860.

The bounds of the county were as follows: "Beginning at the break of Cumberland mountain on the Kentucky and Virginia line where the Pound fork of Sandy breaks through the Cumberland mountain; thence up the Pound fork to the mouth of Crane's nest, a water of said Pound fork; thence with the dividing ridge between the waters of Crane's nest and McLure's, to William Taylor's farm, including said Taylor's farm in the new county; thence a straight line to the mouth of Lick creek; thence down Clinch river to the mouth of Guest's river; thence up Guest's river one mile; thence a straight line to the Camp rock south of the High Knob; thence a straight line to the Pole fence on Little Powell's mountain, on the line dividing Scott and Lee counties; thence with said county line to the head of Stock creek including the farm of Zachariah N. Wells in the said county; thence a straight line to the Cedar gap near Powell's river; thence a straight line to the dividing ridge between the waters of Crab orchard and Pigeon fork; thence with said dividing ridge to the Kentucky line and thence with the Kentucky line to the beginning."

In the Act creating the county it was ordered that the "said seat of justice shall be known as Gladesville," but the present county seat is called Wise.

As has been said, Wise was the only one of the four counties erected in 1856 that remains in Virginia. The next county formed was Calhoun taken from the lower portion of Gilmer County beginning at the West Fork of the Little Kanawha River. The name derives from the great South Carolina statesman who succeeded Abel P. Upshur as Secretary of State and was long outstanding in politics.

At the same time that Calhoun became an entity, parts of the counties of Kanawha, Jackson, and Gilmer lying a little to the west of Calhoun became Roane County. The description of its bounds is startling when it mentions "the Ravenswood and California turnpike in Jackson county," but later we learn that California is a town in Jackson County.

With regard to Roane County, "its name and that of its seat of justice, Spencer, commemorate that of him [Spencer Roane ] whose life and public services added lustre to the annals of Virginia jurisprudence." Spencer Roane was "judge of the Supreme Bench 1794 to 1822."

The next county was Tucker formed out of the northeastern portion of Randolph County and adjoining also the counties of Hardy, Preston and Pendleton. The county seat appropriately bore the name of Saint George. The county was "named in honor of Saint George Tucker the eminent Virginia jurist while the seat of justice derives its name from Saint George Tucker who was Clerk of the House of Delegates at the time the county was formed."

Two years later in 1858, three more counties were established, one of which, Buchanan, was destined to remain in Virginia, and the other two in West Virginia.

McDowell, one of the two, was taken from the northwest portion of Tazewell County and remains a border county between the two states, "The ridge between Abb's Valley and Sandy" is one of the bounding lines noted in the description; it recalls the Indian Massacre that occurred in that Valley and the many stories related about it.

The name of the county honors James McDowell, elected Governor of Virginia in 1843 and serving until 1846.

Clay County formed also in 1858 was created out of the southern part of Braxton County and the northern part of Nicholas. Among the property owners whose lands were mentioned as within its bounds, were Thomas Jarvis, jr., James Rogers, Charles Ruffner, who with others owned a twelve thousand acre tract "(near the farm of William Nichol, Sr.)," Strother B. Grose and Abraham Dilly.

The county was so named in honor of Henry Clay, the great Kentucky statesman who had died only a few years before its formation.

The Virginia county established in 1858 from parts of Tazewell and Russell was Buchanan, named for James Buchanan, President of the United States 1857-1861.

Its bounds were as follows: "Beginning at the state line between Kentucky and Virginia and with said line to its intersection with the line of Wise county, to the top of the dividing ridge between the waters of Sandy and Clinch and with said ridge eastwardly to the head of Dismal, a branch of the Lavica fork of Sandy river; then with the dividing ridge between the waters of Dismal and the waters of the Dry fork of Sandy and with the ridge between the waters of the Lavica fork and the Dry fork to the ridge between Knox creek and Bull creek to Tug river and down Tug river to the beginning."

1860-1870 Recession, Two Counties

In 1860, an Act was passed to create the new county of Webster from portions of the counties of Nicholas, Braxton and Randolph, all to be later in West Virginia. The name honored Daniel Webster, the prominent statesman who had died only a few years previously.

In March 1861, the new county of Bland, taken from portions of Giles, Wythe and Tazewell and named for Richard Bland of Revolutionary War fame came into being. Its bounds are thus set forth: "beginning at the top of Walker's Little mountain at the line between Wythe and Pulaski and running northwards with said line of Pulaski, to the top of Walker's Big mountain; thence eastward along the top of said last mentioned mountain to a point opposite the mouth of Kimberling creek; thence by a line northward passing through the mouth of said Kimberling creek to a point on the top of the mountain which lies south of Wolf creek, three miles east of the present county line between Giles and Tazewell counties; thence to a point on the top of East river mountain two miles east of the present county line between Giles and Tazewell so as to include the homestead of Madison Allen and his lands adjoining thereto; thence with the top of the said East River mountain westward to a point two miles west of George Steel's house on Clear fork; thence across and by a line as near as may be at right angles to the course of the valley between to the top of Rich mountain and westward along the top of said Rich mountain so far as to include the settlement of Wolf creek, thence across the top of Garden mountain; thence along the top of Garden mountain to a point through which the line between Wythe and Smyth would pass if prolonged; thence by said prolonged line to the said line between Wythe and Smyth and by the last mentioned line to the top of Walker's Big mountain; thence eastward with the top of said Walker's Big mountain to a point opposite the headwaters of Walker's Little creek; thence across to the top of Walker's Little mountain, thence to the top of said mountain eastward to the beginning."

Hardly was the ink dry on the Act quoted above when war precluded further settlements and expansion. Not for nearly twenty years would another and the last county be established.

Finis—One County

In March 1880, out of the counties of Russell, Wise, and Buchanan was formed the new county of Dickenson, named for a prominent member of the Readjuster Party, then dominant in Virginia.

Its bounds noted in great detail are as follows: "beginning at Osborn's gap in Cumberland mountain on the state line; thence a straight line to the top of George's Fork mountain at a point where the road crosses said mountain; thence with the top of the mountain to the head of Lick branch, a tributary of Crane's nest creek; thence a straight line to the mouth of Birchfield creek; thence up Crane's Nest creek to the mouth of Lion's fork; thence up said creek to the forks of said branch; thence up the Fork spur to the top of Crane's Nest bridge; thence a straight line to Sandy Ridge meeting-house in the county of Wise on the top of Sandy Ridge; thence with the top of Sandy ridge to the James Porter farm at the head of Nancy's ridge; thence a straight line to Trammel gap on Sandy ridge, thence with the top of Sandy ridge with a line of Russell county to the James P. Kiser farm, thence a straight line to Henry Kiser's farm on the top of Sandy ridge at the Russell county line; thence with the Russell county line to James Rasnaker's farm, including said farm in the new county; thence down the Cany ridge to the mouth of Cany creek; thence down Indian creek to its mouth; including J. H. Duly's farm; thence down Russell's fork of Sandy river to the mouth of Panpan creek, including Andrew Owen's dwelling house; thence a straight line to the mouth of Greenbrier creek, a tributary of Prater creek; thence a straight line to the Big meadow gap; thence down a branch to Gressy creek; thence down said creek to the mouth of Russell's fork of Sandy river; thence down said river to the state line of Virginia and Kentucky; thence with the state line to the beginning."

The formation of Dickenson County in 1880 completed all the local organizations authorized by the Virginia Assembly from 1634 up to the present, though in many counties minor changes in bounds have been enacted from time to time.

We have seen the little feeble settlements along the James River extend like a rising tide now east, now south, now north and finally with great impetus to the west. Each settlement as it was established proceeded to put into effect the concepts of law and order as practiced at Jamestown, and handed down from father to son. The principle of representative constitutional government as evidenced in the first General Assembly of 1619 may be called the sacred fire each settlement took with it and carefully tended. It was the one thing all shared whether they lived by the James River or high on the Blue Ridge. A settlement, a county, a state, each one must have law, order, ready justice, representative government. That is the theme underlying the development of Virginia which we have traced step by step. It is the theme underlying the development of our nation. Every American is a debtor to Jamestown for his heritage of representative constitutional government.

BIBLIOGRAPHY

Acts of the General Assembly of Virginia, 1808-1880.

Daniel, J. R. V., A Hornbook of Virginia History, Richmond, 1950.

Hening, William Waller, The Statutes at Large, Being a Collection of All the Laws of Virginia, 1619-1792, Richmond, 1809-1823, 13 Vols.

Robinson, Morgan P., Virginia Counties, Bulletin of the Virginia State Library, Vol. 9, Nos. 1, 2, 3, 1916.

Shepherd, Samuel, Statutes at Large, 1793-1806. Continuation of Hening.

Richmond 1835-1836. 3 Vols.

Stith, William. History of First Discovery and Settlement of Virginia. Williamsburg, 1747.

Tyler, Lyon G., Cradle of the Republic. 2 ed. Richmond, 1900.

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