THE KNIGHTS OF THE GOLDEN HORSE SHOE.
Governor Spotswood and Others Start on an Expedition over the Blue Ridge Mountains—They Pass Through what is now Fredericksburg—They Join Others at Germanna, where they make Extensive Preparations—The Country Rough and the Woods Dense—Bears, Deer, Turkeys, Squirrels and Snakes Plentiful—The Summit of the Mountain Reached—The Sublime Scene—The Health of the King Drank and the Country Taken Possession of in His Name—The Shenandoah River, &c.
Governor Spotswood and Others Start on an Expedition over the Blue Ridge Mountains—They Pass Through what is now Fredericksburg—They Join Others at Germanna, where they make Extensive Preparations—The Country Rough and the Woods Dense—Bears, Deer, Turkeys, Squirrels and Snakes Plentiful—The Summit of the Mountain Reached—The Sublime Scene—The Health of the King Drank and the Country Taken Possession of in His Name—The Shenandoah River, &c.
Two years after the settlement of Germanna Governor Spotswood visited the place, in company with gentlemen and others who were to accompany him in his famous expedition over the Blue Ridge mountains, which has been the theme of the writers of song and story, and upon which has recently been founded a secret benevolent order. So much has been written about this expedition, in this country and in Europe, into which so much romance has been woven, and yet so little is known about it by the general public, at the expense of length and tediousness to the reader of the narrative, we propose to give John Fontaine’s[12]diary, written daily as they progressed on the journey, from the time he left Williamsburg with the Governor, until he returned to that city, that we may be thoroughly informed of all the particulars. The expedition was made in August and September, 1716, and the following is John Fontaine’s diary:
Williamsburg, 20th August, 1716.—In the morning got my horses ready, and what baggage was necessary, and I waited on theGovernor who was in readiness for an expedition over the Appalachian mountains. We breakfasted and about ten got on horseback, and, at four came to the Brickhouse, upon York River, where we crossed the ferry and at six came to Mr. Austin Moore’s house[13]on Mattapony River, in King William County; here we lay all night and were well entertained.
21st.—Fair weather. At ten we set out from Mr. Moore’s, and crossed the river of Mattapony, and continued on the road, and were on horseback till nine of the clock at night, before we came to Mr. Robert Beverley’s house where we were well entertained, and remained this night.
22nd.—At nine in the morning we set out from Mr. Beverley’s. The Governor left his chaise here, and mounted his horse. The weather fair, we continued on our journey until we came to Mr. Woodford’s where we lay, and were well entertained. This house lies on Rappahannock River ten miles below the falls.
23rd.—Here we remained all this day, and diverted ourselves and rested our horses.
24th.—In the morning, at seven, we mounted our horses and came to Austin Smith’s house[14]about ten, where we dined, and remained till about one of the clock, when we set out, and about nine of the clock we came to the German-town, where we rested that night—bad beds and indifferent entertainment.
German-town, 25th.—After dinner we went to see the mines, but I could not observe that there was any good mine. The Germans pretend that it is a silver mine; we took some of the ore and endeavored to run it, but could get nothing out of it, and I am of opinion it will not come to anything, no, not as much as lead. Many of the gentlemen of the county are concerned in this work. We returned and to our hard beds.
26th.—At seven we got up, and several gentlemen of the country,that were to meet the Governor at this place for the expedition, arrived here, as also two companies of Rangers, consisting each of six men, and an officer. Four Meherrin Indians also came.[15]In the morning I diverted myself with other gentlemen shooting at a mark. At twelve we dined, and after dinner we mounted our horses and crossed the Rappahannoc River that runs by this place, and went to find out some convenient place for our horses to feed in, and to view the land hereabouts. Our guide left us, and we went so far in the woods that we did not know the way back again; and so we hallowed and fired our guns. Half an hour after sunset the guide came to us, and we went to cross the river by a ford higher up. The descent to the river being steep, and the night dark, we were obliged to dismount and lead our horses down to the river side, which was very troublesome. The bank being very steep, the greatest part of our company went into the water to mount their horses, where they were up to the crotch in the water. After we had forded the river and came to the other side, where the bank was steep also, in going up, the horse of one of our company slipped and fell back into the river on the top of his rider, but he received no other damage than being heartily wet, which made sport for the rest. A hornet stung one of the gentlemen in the face which swelled prodigiously. About ten we came to the town, where we supped, and to bed.
27th.—We got our tents in order, and our horses shod. About twelve I was taken with a violent headache and pains in all my bones, so that I was obliged to lie down, and was very bad that day.
28th.—About one in the morning I was taken with a violent fever, which abated about six at night, and I began to take the bark, and had one ounce divided into eight doses, and took two of them by ten of the clock that night. The fever abated, but I had great pains in my head and bones.
29th.—In the morning we got all things in readiness, and aboutone we left the German-town to set out on our intended journey. At five in the afternoon, the Governor gave orders to encamp near a small river, three miles from Germanna, which we called Expedition Run, and here we lay all night. The first encampment was called Beverley Camp, in honor of one of the gentlemen of our party. We made great fires, and supped, and drank good punch. By ten of the clock I had taken all of my ounce of Jesuit’s Bark, but my head was much out of order.
30th.—In the morning about seven of the clock, the trumpet sounded to awake all the company, and we got up. One Austin Smith, one of the gentlemen with us, having a fever, returned home. We had lain upon the ground under cover of our tents, and we found by the pains in our bones that we had not had good beds to lie upon. At nine in the morning, we sent our servants and baggage forward, and we remained, because two of the Governor’s horses had strayed. At half past two we got the horses, at three we mounted, and at half an hour after four, we came up with our baggage at a small river, three miles on the way, which we called Mine River, because there was an appearance of a silver mine by it. We made about three miles more, and came to another small river, which is at the foot of a small mountain, so we encamped here and called it Mountain Run, and our camp we called Todd’s Camp. We had good pasturage for our horses, and venison in abundance for ourselves which we roasted before the fire upon wooden forks, and so we went to bed in our tents. Made 6 miles this day.
31st.—At eight in the morning we set out from Mountain Run, and after going five miles we came upon the upper part of Rappahannoc River. One of the gentlemen and I, we kept on one side of the company about a mile, to have the better hunting. I saw a deer, and shot him from my horse, but the horse threw me a terrible fall and ran away; we ran after, and with a great deal of difficulty got him again; but we could not find the deer I had shot, and we lost ourselves, and it was two hours before we could come upon the track of our company. About five miles further we crossed the same river again, and two miles further we met with a large bear, which one of our company shot, and I got the skin. Wekilled several deer, and about two miles from the place where we killed the bear, we encamped upon Rappahannock River. From our encampment we could see the Appalachian Hills very plain. We made large fires, pitched our tents, and cut bows to lie upon, had good liquor, and at ten we went to sleep. We always kept a sentry at the Governor’s door. We called this Smith’s Camp. Made this day fourteen miles.
1st September.—At eight we mounted our horses, and made the first five miles of our way through a very pleasant plain, which lies where Rappahannock River forks. I saw there the largest timber, the finest and deepest mould, and the best grass that I ever did see.[16]We had some of our baggage put out of order, and our company dismounted, by hornets stinging the horses. This was some hindrance, and did a little damage, but afforded a great deal of diversion. We killed three bears this day, which exercised the horses as well as the men. We saw two foxes but did not pursue them; we killed several deer. About five of the clock, we came to a run of water at the foot of a hill, where we pitched our tents. We called the encampment Dr. Robinson’s Camp, and the river Blind Run. We had good pasturage for our horses, and every one was cook for himself. We made our beds with bushes as before. On this day we made 13 miles.
2nd.—At nine we were all on horseback and after riding about five miles we crossed Rappahannoc river,[17]almost at the head, where it is very small. We had a rugged way; we passed over a great many small runs of water, some of which were deep, and others very miry. Several of our company were dismounted, some were down with their horses, others under their horses, and some thrown off. We saw a bear running down a tree, but it being Sunday we did not endeavor to kill anything. We encamped at five by a small river we called White Oak River,[18]and called our Camp Taylor’s Camp.
3rd.—About eight we were on horseback, and about ten we came to a thicket, so tightly laced together, that we had a great deal oftrouble to get through; our baggage was injured, our clothes torn all to rags, and the saddles and holsters also torn. About five of the clock we encamped almost at the head of James River,[19]just below the great mountains. We called this camp Colonel Robertson’s Camp. We made all this day but eight miles.
4th.—We had two of our men sick with the measles, and one of our horses poisoned with a rattlesnake. We took the heaviest of our baggage, our tired horses, and the sick men, and made as convenient a lodge for them as we could, and left people to guard them, and hunt for them. We had finished this work by twelve, and so we went out. The sides of the mountains were so full of vines and briers, that We were forced to clear most of the way before us. We crossed one of the small mountains this side of the Appalachian, and from the top of it we had a fine view of the plains below. We were obliged to walk up the most of the way, there being an abundance of loose stones on the side of the hill. I killed a large rattlesnake here, and the other people killed three more. We made about four miles and so came to the side of James River, where a man may jump over it, and there we pitched our tents. As the people were lighting the fire, there came out of a large log of wood a prodigious snake, which they killed; so this camp was called Rattlesnake Camp, but it was otherwise called Brook’s Camp.
5th.—A fair day. At nine we were mounted; we were obliged to have axe-men to clear the way in some places. We followed the windings of James River, observing that it came from the very top of the mountains. We killed two rattlesnakes during our ascent. In some places it was very steep, in others it was so that we could ride up. About one of the clock we got to the top of the mountain; about four miles and a half, and we came to the very head spring of James River, where it runs no bigger than a man’s arm, from under a large stone. We drank King George’s health and all the Royal Family’s at the very top of the Appalachian mountains. About a musket-shot from the spring is another, which rises and runs down on the other side; it goes westward, and we thought wecould go down that way, but we met with such prodigious precipices, that we were obliged to return to the top again. We found some trees which had been formerly marked, I suppose, by the Northern Indians, and following these trees, we found a good, safe descent. Several of the company were for returning; but the Governor persuaded them to continue on. About five we were down on the other side, and continued our way for about seven miles further, until we came to a large river, by the side of which we encamped. We made this day fourteen miles. I, being somewhat more curious than the rest, went on a high rock on the top of the mountain, to see fine prospects, and I lost my gun. We saw, when we were over the mountains, the footing of elks and buffaloes, and their beds. We saw a vine which bore a sort of wild cucumber; and a shrub with a fruit like unto a currant. We eat very good wild grapes. We called this place Spotswood Camp, after our Governor.
“Mary Washington House,” home of Mary, the Mother of Washington, andwhere she died in 1789; now the property of the A. P. of V. A.(Seepage 157)
“Federal Hill,” home of Thomas Reade Rootes, Gov. Brooke,etc.; now the residence of Mrs. H. Theodore Wight.(Seepage 153)
6th.—We crossed the river, which we called Euphrates.[20]It is very deep; the main course of the water is North; it is fourscore yards wide in the narrowest part. We drank some healths on the other side, and returned; after which I went a swimming in it. We could not find any fordable place, except the one by which we crossed, and it was deep in several places. I got some grass hoppers and fished; and another and I, we caught a dish of fish, some perch, and a fish they called chub. The others went a hunting, and killed deer and turkeys. The Governor had graving irons, but could not grave anything, the stones were so hard, I graved my name on a tree by the river side; and the Governor buried a bottle with a paper enclosed, on which he writ that he took possession of this place in the name and for King George the First of England.[21]We had agood dinner, and after it we got the men together, and loaded all their arms, and we drank the King’s health in Champagne, and fired a volley—the Princess’s health in Burgundy, and fired a volley, and all the rest of the Royal Family in Claret, and a volley. We had several sorts of liquors, viz: Virginia red wine and white wine, Irish usquebaugh, brandy, shrub, two sorts of rum, champagne, canary, cherry, punch, water, cider, &c.
I sent two of the rangers to look for my gun, which I dropped in the mountains; they found it, and brought it to me at night, and I gave them a pistole for their trouble. We called the highest mountain Mount George, and the one we crossed over Mount Spotswood.
7th.—At seven in the morning we mounted our horses, and parted with the rangers, who were to go further on, and we returned homewards; we repassed the mountains, and at five in the afternoon we came to Hospital Camp, where we left our sick men, and heavy baggage and we found all things well and safe. We camped here, and called it Captain Clouder’s Camp.
8th.—At nine we were all on horseback. We saw several bears and deer, and killed some wild turkeys. We encamped at the side of a run, and called the place Mason’s Camp. We had good forage for our horses, and we lay as usual. Made twenty miles this day.
9th.—We set out at nine of the clock, and before twelve we saw several bears, and killed three. One of them attacked one of ourmen that was riding after him, and narrowly missed him; he tore his things that he had behind him from off the horse, and would have destroyed him, had he not had immediate help from the other men and our dogs. Some of the dogs suffered severely in this engagement. At two we crossed one of the branches of the Rappahannock River, and at five we encamped on the side of the Rapid Ann, on a tract of land that Mr. Beverley hath design to take up. We made, this day, twenty-three miles, and called this Captain Smith’s Camp. We eat part of one of the bears, which tasted very well, and would be good, and might pass for veal, if one did not know what it was. We were very merry, and diverted ourselves with our adventures.
10th.—At eight we were on horseback, and about ten, as we were going up a small hill, Mr. Beverley and his horse fell down, and they both rolled to the bottom; but there were no bones broken on either side. At twelve as we were crossing a run of water, Mr. Clouder fell in, so we called this place Clouder’s Run. At one we arrived at a large spring, where we dined and drank a bowl of punch. We called this Fontaine’s Spring. About two we got on horseback, and at four we reached Germanna. The Governor thanked the gentlemen for their assistance in the expedition. Mr. Mason left us here. I went at five to swim in the Rappahannock River, and returned to the town.
11th.—After breakfast all our company left us, excepting Dr. Robinson and Mr. Clouder. We walked all about the town, and the Governor settled his business with the Germans here, and accommodated the minister and the people, and then to bed.
12th.—After breakfast went a fishing in the Rappahannock, and took seven fish, which we had for dinner; after which Mr. Robinson and I, we endeavored to melt some ore in the Smith’s forge, but could get nothing out of it. Dr. Robinson’s and Mr. Clouder’s boys were taken violently ill with fever. Mr. Robinson and Mr. Clouder left us, and the boys remained behind.
13th.—About eight of the clock we mounted our horses, and went to the mine, where we took several pieces of ore; and at nine we set out from the mine, our servants having gone before; and aboutthree we overtook them in the woods, and there the Governor and I dined. We mounted afterwards and continued on our road. I killed a black snake about five feet long. We arrived at Mr. Woodford’s[22]on Rappahannoc River, about six, and remained there all night.
14th.—At seven we sent our horses and baggage before us; and at ten we mounted our horses; we killed another snake, four feet nine inches long. At twelve we came to the church, where we met with Mr. Buckner, and remained till two, to settle some county business; then we mounted our horses, and saw several wild turkeys on the road; and at seven we reached Mr. Beverley’s house, which is on the head of the Mattapony River, where we were well entertained. My boy was taken with a violent fever, and very sick.
15th.—At seven my servant was some what better, and I sent him away with my horses, and about ten o’clock the Governor took his chaise, and I with him, and at twelve we came to a mill-dam, which we had great difficulty to get the chaise over. We got into it again, and continued on our way, and about five we arrived at Mr. Baylor’s, where we remained all night.
16th.—My servant was so sick, that I was obliged to leave him, and the Governor’s servants took care of my horses. At ten we sent the chaise over the Mattapony River, and it being Sunday, we went to church in King William County, where we heard a sermon from Mr. Monroe. After sermon we continued our journey until we came to Mr. West’s plantation, where Colonel Basset waited for the Governor with his pinnace, and other boats for his servants. We arrived at his house by five of the clock, and were nobly entertained.
17th.—At ten we left Colonel Basset’s, and at three we arrived at Williamsburg, where we dined together and went to my lodgings, and to bed, being well tired as well as my horses.
I reckon that from Williamsburg to the Euphrates River is in all 219 miles, so that our journey, going and coming, has been in all 438 miles.
Fredericksburg Incorporated by Law—Col. Byrd Walks About Town—Church Erected—Patrick Henry Rector—Augustine Washington a Trustee—Fairs Inaugurated—Limits of the Town Extended, &c.
Fredericksburg Incorporated by Law—Col. Byrd Walks About Town—Church Erected—Patrick Henry Rector—Augustine Washington a Trustee—Fairs Inaugurated—Limits of the Town Extended, &c.
Although the site upon which Fredericksburg now stands was settled by white men, possibly in 1622, in the location of plantations by the London Company referred to by Capt. John Smith, and certainly in 1681 by the construction of Major Lawrence Smith’s fort, yet the town was not incorporated for many years thereafter. That it was a trading station and a place of importance before its incorporation is admitted in the act of incorporation itself, besides earlier writers refer to it as such. If the inquiry should be made as to why the town was not incorporated earlier if it was a place of importance, it might be answered with the fact that prior to that time the authorities did not seem to think it was necessary, as neither Richmond, Petersburg, Norfolk nor Alexandria was incorporated for several years after Fredericksburg had a legal existence.
Fredericksburg was founded by law in 1727 and named for Frederick, Prince of Wales, son of George the Second, by which act the people of the town showed their attachment to the royal family of England. But this was not all; they emphasized that attachment by calling nearly every street in the original survey of the town after some member of the royal family or of some country to which English royalty was closely allied. Sophia street was named for the sister of George II; Caroline for his wife; Princess Anne for one of his daughters, and Prince Edward for his grandson. The cross streets were named, Princess Elizabeth for a daughter of George II; Frederick for his oldest son; William for his second son, and Amelia for a daughter. George was named for the King himself; Charlotte for the wife of George III; Hanover for the House of Hanover, and Prussia for the country of Prussia. This includes every street in the original survey except Charles and Wolfe. We do not know for whom these two streets were named,and we think the evidence is very clear that they were not laid out as streets at the time of the original survey.
The act of the House of Burgesses, establishing Fredericksburg, in which are preserved as near as possible the form, orthography, punctuation and capitalization, is as follows:
I. Whereas great Numbers of People have of late seated themselves and their Families upon and near the RiverRappahannock, and the Branches thereof above the Falls, and great Quantities of Tobacco and other Commodities are every Year brought down to the upper Landings upon the said River to be shipped off and transported to other Parts of the Country and it is necessary that the poorer Part of the said Inhabitants should be supplied from thence with Goods and Merchandise in return for their Commodities, but for Want of some convenient Place, where Traders may cohabit and bring their Goods to, such Supplies are not to be had without great Disadvantages, and good Houses are greatly wanted on some navigable Part of said River, near the Falls for the Reception of safe keeping of such Commodities as are brought thither and for the Entertainment and Sustenance of those who repair thither from remote Places with Carriages drawn by Horses and Oxen; and forasmuch as the Inhabitants of the County ofSpotsylvaniahave made humble Supplication to the General Assembly that a Town may be laid out in some convenient Place near the Falls of said River, for the cohabitation of such as are minded to reside there for the purposes aforesaid, whereby the peopling of that remote Part of the county will be encouraged, and Trade and Navigation may be increased:II. BEit enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the Authority of the same, that within six Months after the passing of this Act fifty Acres of Land, Parcel of a Tract of Land belonging toJohn RoystonandRobert Buckner, of the County ofGloucester, situate, lying and being upon the South Side of the River Rappahannock aforesaid in the County ofSpotsylvaniacommonly called or known by the Name of theLease Land, shall besurveyed and laid out, taking the whole Breadth of the Tract of Land upon the River, by the Surveyor of the said County ofSpotsylvania; and the said fifty Acres of Land, so to be surveyed and laid out, shall be and is hereby vested inJohn Robinson, Esq;Henry Willis,Augustin Smith,John Taliaferro,Harry Beverley,John Waller, andJeremiah Clowder, of the County ofSpotsylvania, Gentlemen, and their Successors, in Trust, for the several purposes hereafter mentioned; and the saidJohn Robinson,Henry Willis,Augustin Smith,John Taliaferro,Harry Beverley,John WallerandJeremiah Clowder, are hereby constituted and appointed Directors and Trustees for designing, building, carrying on, and maintaining, a Town upon the said Land: And the said Directors and Trustees, or any four of them, shall have power to meet as often as they shall think necessary, and shall lay out the said fifty Acres in Lots and Streets, not exceeding Half an Acre of Ground in each Lot, and also to set apart such Portions of said Land for a Church and Church-Yard, a Market Place, and publick Key, and to appoint such Places upon the River for publick Landings, as they shall think most convenient, and, if the same shall be necessary, shall direct the making and erecting of Wharfs and Cranes at such publick Landings, for the publick Use. And when the said Town shall be so laid out the said Directors and Trustees shall have full Power and Authority to sell all the said Lots by publick Sale or Auction, from Time to Time, to the highest Bidder, so as no Person shall have more than Two Lots; and when such Lots shall be sold, any two of the said Trustees shall and may, upon Payment of the Purchase Money, by some sufficient Conveyance or Conveyances, Convey the Fee Simple, Estate of such Lot or Lots to the Purchaser or Purchasers: And he or they, or his or their Heirs and Assigns, respectively, shall and may for ever thereafter peaceably and quietly have, hold, possess, and enjoy, the same, freed and discharged of and from all Right, Title, Estate, Claim, Interest, and Demand whatsoever of the saidJohn RoysterandRobert Bucknerand the Heirs and Assigns of them respectively, and of all Persons whatsoever claiming by, from, or under them or either of them.III. PROVIDEDnevertheless, that the said Directors and Trusteesshall pay, or cause to be paid, unto the saidJohn RoystonandRobert Buckner, out of the Money to be raised by the Sale of the said Lots, as soon as the same shall be by them received, after the Rate of forty Shillings for every Acre of the said fifty Acres of Land, according to the Right which the saidJohn RoystonandRobert Bucknernow respectively have to the same; and the saidJohn RoystonandRobert Bucknershall also have each of them two Lots, which shall be assigned to them by the said Directors and Trustees, and they shall respectively remain seized of such Lots of the same Estate whereof they were respectively seized in the said Land before the making of this Act.IV. ANDbe it further enacted, by the Authority aforesaid, that after the said Lots shall be so laid out and disposed of, as aforesaid, the said Directors, or any four of them, shall have full Power and Authority to apply all the overplus Money which shall be raised by the Sale of the said Lots to such publick Use; for the common Benefit of the Inhabitants of the said Town, as to them shall seem best.V. ANDbe it further enacted, by the Authority aforesaid, that the Grantee or Grantees of every such Lot or Lots, so to be conveyed and sold in the said Town, shall, within two Years next after the Date of the Conveyance for the same, erect, build, and finish, on each Lot so conveyed, one House, of Brick, Stone or Wood well framed, of the Dimensions of Twenty Feet square, and nine Feet Pitch at the least, or apportionably thereto, if such Grantee shall have two Lots contiguous; and the said Directors shall have full Power and Authority to establish such Rules and Orders, for the more regular placing the said Houses, as to them shall seem fit, from Time to Time. And if the Owner of any Lots shall fail to pursue and comply with the Directions herein prescribed, for the building and finishing one or more House or Houses thereon, then such Lots upon which such Houses shall not be so built and finished shall be revested in the said Trustees, and shall and may be sold and conveyed to any other Person or Persons whatsoever, in the Manner before directed, and shall revest, and be again sold, as often as the Owner or Owners shall fail to perform, obey, andfulfil, the Directions aforesaid; and if the Inhabitants of the said Town shall fail to obey and pursue the Rules and Orders of the said Directors, in repairing and amending the Streets, Landings, and publick Wharfs, they shall be liable to the same Penalties as are inflicted for not repairing the Highways of this Colony.VI. AND for the continuing the Succession of the said Trustees and Directors, until the Governour of this Colony shall incorporate some other Persons by Letters Patents, under the Seal of this Colony, to be one Body Politick and Corporate, to whom the Government of the said Town shall be committed,Be it further enacted, that in Case of the Death of the said Directors, or of their Refusal to act, the surviving or other Directors, or the major Part of them, shall assemble, and are hereby Empowered, from Time to Time, by Instrument in Writing, under their respective Hands and Seals, to nominate some other Person or Persons, being an Inhabitant or Freeholder of the said Town, in the Place of him so dying or refusing; which new Director or Directors, so nominated and appointed, shall from thenceforth have the like Power and Authority, in all Things relating to the Matters herein contained, as if he or they had been expressly named and appointed in and by this Act, and every such Instrument and Nomination shall from Time to Time be recorded in the Books of the said Directors.VII. AND whereasWilliam Livingstonis possessed of a Lease under the saidJohn Royston, for certain Years to come, of Part of the said fifty Acres of Land, and hath erected buildings and made several Improvements thereon, which will be taken away when the said Town shall be laid out: For making Satisfaction for which,VIII. BE it further enacted, that the two Lots to be assigned to the saidJohn Royston, pursuant to this Act, shall include the Dwelling-House and Kitchen of the saidWilliam Livingston, and shall be held and enjoyed by him for the Residue of the said Term, and at the Expiration thereof shall revert unto, and be vested in, the saidJohn Royston, as aforesaid; and, moreover, the said Trustees are hereby enjoined and required to pay unto the saidWilliam Livingstonthe Sum of twenty Pounds current Money outof the Monies arising by Sale of Lots, as a Consideration and Compensation for the said Lease.IX. ANDbe it further enacted, that the Town aforesaid shall be called by the Name ofFredericksburg.This act of incorporation which elevated the Lease Land into the town of Fredericksburg, was signed by William Gooch, Esq., Governor, and John Holliday, Speaker.
I. Whereas great Numbers of People have of late seated themselves and their Families upon and near the RiverRappahannock, and the Branches thereof above the Falls, and great Quantities of Tobacco and other Commodities are every Year brought down to the upper Landings upon the said River to be shipped off and transported to other Parts of the Country and it is necessary that the poorer Part of the said Inhabitants should be supplied from thence with Goods and Merchandise in return for their Commodities, but for Want of some convenient Place, where Traders may cohabit and bring their Goods to, such Supplies are not to be had without great Disadvantages, and good Houses are greatly wanted on some navigable Part of said River, near the Falls for the Reception of safe keeping of such Commodities as are brought thither and for the Entertainment and Sustenance of those who repair thither from remote Places with Carriages drawn by Horses and Oxen; and forasmuch as the Inhabitants of the County ofSpotsylvaniahave made humble Supplication to the General Assembly that a Town may be laid out in some convenient Place near the Falls of said River, for the cohabitation of such as are minded to reside there for the purposes aforesaid, whereby the peopling of that remote Part of the county will be encouraged, and Trade and Navigation may be increased:
II. BEit enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the Authority of the same, that within six Months after the passing of this Act fifty Acres of Land, Parcel of a Tract of Land belonging toJohn RoystonandRobert Buckner, of the County ofGloucester, situate, lying and being upon the South Side of the River Rappahannock aforesaid in the County ofSpotsylvaniacommonly called or known by the Name of theLease Land, shall besurveyed and laid out, taking the whole Breadth of the Tract of Land upon the River, by the Surveyor of the said County ofSpotsylvania; and the said fifty Acres of Land, so to be surveyed and laid out, shall be and is hereby vested inJohn Robinson, Esq;Henry Willis,Augustin Smith,John Taliaferro,Harry Beverley,John Waller, andJeremiah Clowder, of the County ofSpotsylvania, Gentlemen, and their Successors, in Trust, for the several purposes hereafter mentioned; and the saidJohn Robinson,Henry Willis,Augustin Smith,John Taliaferro,Harry Beverley,John WallerandJeremiah Clowder, are hereby constituted and appointed Directors and Trustees for designing, building, carrying on, and maintaining, a Town upon the said Land: And the said Directors and Trustees, or any four of them, shall have power to meet as often as they shall think necessary, and shall lay out the said fifty Acres in Lots and Streets, not exceeding Half an Acre of Ground in each Lot, and also to set apart such Portions of said Land for a Church and Church-Yard, a Market Place, and publick Key, and to appoint such Places upon the River for publick Landings, as they shall think most convenient, and, if the same shall be necessary, shall direct the making and erecting of Wharfs and Cranes at such publick Landings, for the publick Use. And when the said Town shall be so laid out the said Directors and Trustees shall have full Power and Authority to sell all the said Lots by publick Sale or Auction, from Time to Time, to the highest Bidder, so as no Person shall have more than Two Lots; and when such Lots shall be sold, any two of the said Trustees shall and may, upon Payment of the Purchase Money, by some sufficient Conveyance or Conveyances, Convey the Fee Simple, Estate of such Lot or Lots to the Purchaser or Purchasers: And he or they, or his or their Heirs and Assigns, respectively, shall and may for ever thereafter peaceably and quietly have, hold, possess, and enjoy, the same, freed and discharged of and from all Right, Title, Estate, Claim, Interest, and Demand whatsoever of the saidJohn RoysterandRobert Bucknerand the Heirs and Assigns of them respectively, and of all Persons whatsoever claiming by, from, or under them or either of them.
III. PROVIDEDnevertheless, that the said Directors and Trusteesshall pay, or cause to be paid, unto the saidJohn RoystonandRobert Buckner, out of the Money to be raised by the Sale of the said Lots, as soon as the same shall be by them received, after the Rate of forty Shillings for every Acre of the said fifty Acres of Land, according to the Right which the saidJohn RoystonandRobert Bucknernow respectively have to the same; and the saidJohn RoystonandRobert Bucknershall also have each of them two Lots, which shall be assigned to them by the said Directors and Trustees, and they shall respectively remain seized of such Lots of the same Estate whereof they were respectively seized in the said Land before the making of this Act.
IV. ANDbe it further enacted, by the Authority aforesaid, that after the said Lots shall be so laid out and disposed of, as aforesaid, the said Directors, or any four of them, shall have full Power and Authority to apply all the overplus Money which shall be raised by the Sale of the said Lots to such publick Use; for the common Benefit of the Inhabitants of the said Town, as to them shall seem best.
V. ANDbe it further enacted, by the Authority aforesaid, that the Grantee or Grantees of every such Lot or Lots, so to be conveyed and sold in the said Town, shall, within two Years next after the Date of the Conveyance for the same, erect, build, and finish, on each Lot so conveyed, one House, of Brick, Stone or Wood well framed, of the Dimensions of Twenty Feet square, and nine Feet Pitch at the least, or apportionably thereto, if such Grantee shall have two Lots contiguous; and the said Directors shall have full Power and Authority to establish such Rules and Orders, for the more regular placing the said Houses, as to them shall seem fit, from Time to Time. And if the Owner of any Lots shall fail to pursue and comply with the Directions herein prescribed, for the building and finishing one or more House or Houses thereon, then such Lots upon which such Houses shall not be so built and finished shall be revested in the said Trustees, and shall and may be sold and conveyed to any other Person or Persons whatsoever, in the Manner before directed, and shall revest, and be again sold, as often as the Owner or Owners shall fail to perform, obey, andfulfil, the Directions aforesaid; and if the Inhabitants of the said Town shall fail to obey and pursue the Rules and Orders of the said Directors, in repairing and amending the Streets, Landings, and publick Wharfs, they shall be liable to the same Penalties as are inflicted for not repairing the Highways of this Colony.
VI. AND for the continuing the Succession of the said Trustees and Directors, until the Governour of this Colony shall incorporate some other Persons by Letters Patents, under the Seal of this Colony, to be one Body Politick and Corporate, to whom the Government of the said Town shall be committed,Be it further enacted, that in Case of the Death of the said Directors, or of their Refusal to act, the surviving or other Directors, or the major Part of them, shall assemble, and are hereby Empowered, from Time to Time, by Instrument in Writing, under their respective Hands and Seals, to nominate some other Person or Persons, being an Inhabitant or Freeholder of the said Town, in the Place of him so dying or refusing; which new Director or Directors, so nominated and appointed, shall from thenceforth have the like Power and Authority, in all Things relating to the Matters herein contained, as if he or they had been expressly named and appointed in and by this Act, and every such Instrument and Nomination shall from Time to Time be recorded in the Books of the said Directors.
VII. AND whereasWilliam Livingstonis possessed of a Lease under the saidJohn Royston, for certain Years to come, of Part of the said fifty Acres of Land, and hath erected buildings and made several Improvements thereon, which will be taken away when the said Town shall be laid out: For making Satisfaction for which,
VIII. BE it further enacted, that the two Lots to be assigned to the saidJohn Royston, pursuant to this Act, shall include the Dwelling-House and Kitchen of the saidWilliam Livingston, and shall be held and enjoyed by him for the Residue of the said Term, and at the Expiration thereof shall revert unto, and be vested in, the saidJohn Royston, as aforesaid; and, moreover, the said Trustees are hereby enjoined and required to pay unto the saidWilliam Livingstonthe Sum of twenty Pounds current Money outof the Monies arising by Sale of Lots, as a Consideration and Compensation for the said Lease.
IX. ANDbe it further enacted, that the Town aforesaid shall be called by the Name ofFredericksburg.
This act of incorporation which elevated the Lease Land into the town of Fredericksburg, was signed by William Gooch, Esq., Governor, and John Holliday, Speaker.
By the authority conferred upon the trustees of the town by the sixth section of the above act, the following paper was issued by the board of trustees, appointing Augustine Washington, the father of General George Washington, one of the trustees of the town. The original was presented to the town some years ago by one of the descendants of Augustine Washington, and is now preserved in the clerk’s office:
“Whereas, at a meeting of the Trustees of the town of Fredericksburg, April 6th 1742, according to directions of act of Assembly, Intitled an Act for erecting a Town in both of the counties of Spotsylvania and King George, To Supply the number of Trustees in the Room of those Gentlemen deceased, we have Unanimously made Choise of, and Elected, Augustine Washington, Gent., to be one of the Trustees or Feoffees for the town of Fredericksburg, in Spotsylvania county to fill up and compleat our full number and for confirming of the same We have according to Directions of the Sd Act, set our hands and seals, this 20th day of April, 1742.John Taliaferro,John Waller,Ira Thornton,John Allen,Rob Jackson.”
“Whereas, at a meeting of the Trustees of the town of Fredericksburg, April 6th 1742, according to directions of act of Assembly, Intitled an Act for erecting a Town in both of the counties of Spotsylvania and King George, To Supply the number of Trustees in the Room of those Gentlemen deceased, we have Unanimously made Choise of, and Elected, Augustine Washington, Gent., to be one of the Trustees or Feoffees for the town of Fredericksburg, in Spotsylvania county to fill up and compleat our full number and for confirming of the same We have according to Directions of the Sd Act, set our hands and seals, this 20th day of April, 1742.
John Taliaferro,John Waller,Ira Thornton,John Allen,Rob Jackson.”
In the year 1732 the seat of justice, which had been located at Germanna, where Governor Spotswood had settled, and where he started and operated the first iron works in this country, heretofore mentioned, was removed to Fredericksburg as a more convenient place. That change did not continue long, for, in 1749, the law was again changed and the court was moved back to Germanna, where it was held for several years, and until it was located atHolidays, thence to the old Courthouse and finally to Spotsylvania Courthouse, where it was held until abolished by the new Constitution.
Princess Anne Street looking East.
In 1732, five years after the town was established by law, Col. Byrd, then living on the James river, where Richmond now stands, made a visit to Fredericksburg. This visit was made at the time he made his trip to Germanna to see his old friend Governor Spotswood. While here Col. Byrd wrote a description of the new town to a friend as he saw it, as follows:
“Colonel Willis walked me about his new town of Fredericksburg. It is pleasantly situated on the south shore of the Rappahannock river, about a mile below the falls. Sloops may come and lie close to the wharf, within thirty yards of the public warehouse which is built in the figure of a cross. Just by the wharf is a quarry of white stone that is very soft in the ground, and hardens in the air, appearing to be as fair and fine grained as that of Portland. Besides that, there are several other quarries in the river bank, within the limits of the town, sufficient to build a large city. The only edifice of stone yet built is the prison, the walls of which are strong enough to hold Jack Sheppard, if he had been transported thither. Though this be a commodious and beautiful situation for a town, with the advantages of a navigable river, and wholesome air, yet the inhabitants are very few. Besides Colonel Willis, who is the top man of the place, there are only one merchant, a tailor, a smith, an ordinary-keeper, and a lady, Mrs. Livingston, who acts here in the double capacity of a doctress and a coffee-woman. It is said the courthouse and the church are going to be built here, and then both religion and justice will help to enlarge the place.”
“Colonel Willis walked me about his new town of Fredericksburg. It is pleasantly situated on the south shore of the Rappahannock river, about a mile below the falls. Sloops may come and lie close to the wharf, within thirty yards of the public warehouse which is built in the figure of a cross. Just by the wharf is a quarry of white stone that is very soft in the ground, and hardens in the air, appearing to be as fair and fine grained as that of Portland. Besides that, there are several other quarries in the river bank, within the limits of the town, sufficient to build a large city. The only edifice of stone yet built is the prison, the walls of which are strong enough to hold Jack Sheppard, if he had been transported thither. Though this be a commodious and beautiful situation for a town, with the advantages of a navigable river, and wholesome air, yet the inhabitants are very few. Besides Colonel Willis, who is the top man of the place, there are only one merchant, a tailor, a smith, an ordinary-keeper, and a lady, Mrs. Livingston, who acts here in the double capacity of a doctress and a coffee-woman. It is said the courthouse and the church are going to be built here, and then both religion and justice will help to enlarge the place.”
The church spoken of was built soon after Col. Byrd’s visit. It was located on the lot where St. George’s church building now stands. It was a wooden structure, about thirty by forty feet, to which two additions were made as the town increased in population. The first addition was made to the side of the church, which gave the building the shape of a capital T, and the second one was made a few years afterwards on the opposite side, giving the building the form of a cross.
The first rector of the new church was Rev. Patrick Henry, uncle of the great Virginia orator, Patrick Henry. Mr. Henry remained rector for a short time, and was followed, in 1734, by Rev. James Marye, of Goochland county, who was the great great grandfather of our late honored fellow citizen, Gov. John L. Marye. Mr. Marye had charge of two churches within the parish, one located on the Po river and the other at Fredericksburg. His salary for the first year for the entire parish was discharged with sixteen thousand pounds of “farm tobacco.” St. George’s church is noticed more at length under the head of churches.
CATTLE AND MERCHANDISE FAIRS.
In the year 1738 a law was passed by the House of Burgesses authorizing and directing that “fairs should be held in Fredericksburg twice a year for the sale of cattle, provisions, goods, wares, and all kinds of merchandise whatever.” The act provided that all persons at such fairs, going to or from them, were privileged from arrest and execution during the fairs, and for two days before and two days after them, except for capital offences, breaches of the peace, or for any controversies, suits and quarrels that might arise during the time. These fairs were continued from time to time, by various acts and amendments, until 1769, when the right of holding them was made perpetual, they having proved a benefit to both town and county. We have no record as to when they ceased to be held and no citizen now living remembers to have attended one. They may have been changed into agricultural fairs, which are mentioned elsewhere.
ANOTHER SURVEY OF THE TOWN.
In March, 1739, the trustees of the town found it necessary to have another survey and plat of Fredericksburg made. This work was done by William Waller, Surveyor of Spotsylvania county. By this new survey it appears that the lots and buildings of the town had not only occupied the original fifty acres, but had also encroached upon the lands of Henry Willis and John Lewis; and, as this gave rise to controversies and threatened law suits, theLieutenant-Governor, Council and Burgesses of the General Assembly passed an act in May, 1742, which was declared to be “for removing all doubts and controversies,” and which declared that these lands, belonging to the estate of Henry Willis and John Lewis, should be held and taken to be part of Fredericksburg and vested in the trustees, and purchasers claiming under them; provided, that the trustees should pay to the executors of Henry Willis five pounds, and to John Lewis fifteen pounds. The area of the town, as ascertained by this survey, was not quite fifty-three acres.
The irregularity of the buildings having necessitated an enlargement of the original fifty acres, the style of buildings must have caused serious apprehensions of danger from fire, as we find that, in 1742, it was represented to the General Assembly that the people were often in great and imminent danger of having their houses and effects burned by reason of the many wooden chimneys in the town, and, therefore, it was made unlawful to build any wooden chimneys in the town thereafter, and unlawful, after the expiration of three years, to use any wooden chimney already built; and, in case the owners did not, within three years, pull down and destroy these wooden chimneys, the sheriff was authorized to do so, at the expense of the owners thereof.
Encouraging Home Industries—Further Extension of the Town—Tobacco Inspectors—Modes of Punishment—Prosperity—Military Ardor—Under the United States.
Encouraging Home Industries—Further Extension of the Town—Tobacco Inspectors—Modes of Punishment—Prosperity—Military Ardor—Under the United States.
In 1759 an act was passed by the General Assembly to encourage the “Arts and Manufactures in the Colony,” but wine and silk making seemed to have predominated all others, wine having the decided preference as will readily be seen. In the act it was set forth that five hundred pounds should be paid as a premium to the person who should, in any one year, within eight years from the date of its passage, make the best wine in quantity not less than ten hogsheads, and one hundred pounds should be paid to the person making the second best. It was provided that the money for these premiums should be raised by the annual subscriptions of public-spirited gentlemen who were willing to encourage the undertaking; and it was further provided that, if the subscriptions would justify it, a handsome premium should be given for silk making. It was also stipulated that if there was an “overplus of money,” after the premiums on wine and silk making were provided for, it was to “be given for the encouragement of such other articles as should appear to the committee most advantageous to the colony.” Among those who contributed the first year for this purpose, who were then, or had been, citizens of Fredericksburg, were the following gentlemen who subscribed two pounds each: Robert Carter, Pressley Thornton, George Washington, James Mercer, William Bernard, David Ker, Philip Rootes, Thomas Reade Rootes, Alexander Ross, John Champ.
FURTHER EXTENSION OF THE TOWN.
In 1763 an act was passed by the General Assembly extending the corporate limits of the town, but to what extent we do not know, as we have been unable to find the act or any of its provisions.
REGULATING TOBACCO INSPECTORS.
In 1764 the General Assembly passed an act for “Amending the Staple of Tobacco and for Preventing Frauds in his Majesty’s Customs.” It was a very lengthy bill, having seventy-seven sections, ten more than any other act ever before passed by that body, and severe penalties were prescribed for its violation. The bill was necessarily long and severe penalties were prescribed because it had reference to the raising, curing, packing and sale of tobacco, which was one of the principal products of Virginia, and the duties and responsibilities of tobacco inspectors and their proper management of tobacco warehouses. Besides tobacco being one of the important crops raised in the colony, if not the most important one, large quantities of it were shipped to the old country and sold for good prices. In addition to this, tobacco was used in the colony as a substitute for money, as all debts between private individuals, as well as those due the colony, were paid in tobacco. The bill provided for public warehouses, for the proper inspection of tobacco and for public inspectors, appointed by the Governor and his Council, not less than two at each warehouse, who, besides taking an oath of office, were placed under heavy bonds with security, the penalty being five hundred pounds sterling for the faithful performance of their duties. One of these public warehouses was located in Fredericksburg, and may have been the old stone house on Water street, just below the free bridge. The oath required to be taken by these public inspectors was as follows:
“You shall swear that you will diligently and carefully view and examine all tobacco brought to any public warehouse or warehouses where you are appointed to be inspector, and that not separately and apart from your fellow, but in his presence; and that you will not receive any tobacco that is not in your judgment sound, well conditioned, merchantable and clear of trash, nor receive, pass or stamp any tobacco, hogshead or cask of tobacco, prohibited by one act of Assembly, entitled an act for amending the sample of tobacco, and preventing frauds in his Majesty’s customs; and that you will not change, alter or give out any tobacco, other than such hogsheadsor casks for which the receipt to be taken was given; but that you will in all things well and faithfully discharge your duty in the office of inspector, according to the best of your skill and judgment and according to the directions of said act, without fear, favor, affection, malice or partiality. So help me God.”
“You shall swear that you will diligently and carefully view and examine all tobacco brought to any public warehouse or warehouses where you are appointed to be inspector, and that not separately and apart from your fellow, but in his presence; and that you will not receive any tobacco that is not in your judgment sound, well conditioned, merchantable and clear of trash, nor receive, pass or stamp any tobacco, hogshead or cask of tobacco, prohibited by one act of Assembly, entitled an act for amending the sample of tobacco, and preventing frauds in his Majesty’s customs; and that you will not change, alter or give out any tobacco, other than such hogsheadsor casks for which the receipt to be taken was given; but that you will in all things well and faithfully discharge your duty in the office of inspector, according to the best of your skill and judgment and according to the directions of said act, without fear, favor, affection, malice or partiality. So help me God.”
The receipts given by the inspectors of the public warehouse in Fredericksburg, according to the provisions of the act, were to pass and be current in the town and county of Spotsylvania for the payment of all quit-rents, county and town levies and for officers’ fees. As this provision of law made them current for public dues, the public also adopted them as currency and they were used for the payment of all obligations. These receipts were protected by severe penalties against counterfeiting and forgery, and each one represented so many hundred pounds of tobacco deposited at the public warehouse.
MILITARY ARDOR OF THE TOWN.
Fredericksburg continued to grow in population and material prosperity, and also improve in the intelligence and public spirit of its inhabitants, until the year 1775, when the affairs between Great Britain and the American Colonies were verging to a crisis. Her leading citizens were among the very first in Virginia to adopt the principle that the American Colonies ought not only to be exempt from taxation by the Mother Country, but should be free and independent States. The battle of Lexington was fought on the 19th day of April, 1775, and on the 20th, the following day, Lord Dunmore secretly removed twenty barrels of gunpowder from the public magazine in Williamsburg to the Magdalen Man-of-war, which anchored off Yorktown. When the news of the battle of Lexington, and of the removal of the powder, reached Fredericksburg, great excitement prevailed. Over six hundred men armed themselves, from the town and surrounding country, assembled at the Courthouse in town and offered their services to George Washington, who was then in Williamsburg, to defend that city from Lord Dunmore’s threatened attack, and the country from his tyranny.
After assembling they dispatched delegates to Richmond andWilliamsburg to ascertain the condition of affairs and to what point they should report for duty. In the meantime, those ardent patriots, George Washington, Peyton Randolph and Edmund Pendleton, transmitted their advice to the people of Fredericksburg, and especially those who had formed the military organization, to abstain for the present from hostilities until a congress, then called or soon to be called, should decide upon a general plan of resistance.
On the receipt of this advice, these patriots held a council, consisting of more than one hundred men, representing fourteen companies, who, by a majority of one vote, decided to disperse for the present. They were burning with indignation at the murderous attack made upon their brethren of Lexington, Mass., by the armed soldiers of Great Britain, and the unlawful arrests, and retention as prisoners, of some of the leading citizens of Massachusetts by British military officers. And this feeling of indignation was intensified when they saw that this outrage was followed the next day by another perpetrated in their own colony and by their own Governor; and when he threatened to return from Yorktown, whither he had fled for safety, and attack Williamsburg with a man-of-war they were convinced that the enemies of the Patriots, the British and Tories, understood each other and were acting in concert. Yet, upon the advice of those whose lead they were willing to follow, and whose commands they were ready to obey, they agreed to disband for the present. Before dispersing, however, they drafted an address, which was tantamount to a declaration of independence, in which they firmly resolved to resist all attempts against their rights and privileges, from whatever quarter they might be assailed.
They went further than to just pass resolutions; they pledged themselves, solemnly and firmly one to the other, to be in readiness, at a moment’s warning, to reassemble, and, by force of arms, to defend the laws, liberties and the rights of this or any sister colony, from unjust and wicked invasions. They then sent dispatches to patriots assembled in Caroline, Berkeley, Frederick and Dunmore counties, thanking them for their offer of service and acquainting them with the condition of public affairs and their determination to be ready at a moment’s notice to respond to any call that mightbe made by the patriotic leaders, who were then holding a council in Williamsburg. The resolutions and pledges were read at the head of each company of patriots encamped at Fredericksburg, and unanimously approved and adopted. The address concluded with the impressive words, “God, save the liberties of America,” which were a substitute for the off-repeated words, “God, save the King.”
These resolutions were passed twenty-one days before the celebrated Mecklenburg resolutions in North Carolina were, and more than a year before the Declaration of Independence by the American Congress, which showed the intense patriotic fervor of the people of Fredericksburg at that early period, many of whom bore a heroic part in the subsequent struggle of the Seven Years’ war that followed. Among the number assembled with these lovers of liberty, and most prominent, were Gen. Geo. Weedon, who served on Gen. Washington’s staff, commanded with distinction a division at the surrender of Yorktown, and afterwards for several terms served as mayor of the town; Gen. Hugh Mercer, who rose to the rank of Major-General and was killed at Princeton, New Jersey, on January 3, 1777, and Gen. Gustavus B. Wallace, who served gallantly through the war, attaining to the rank of Brigadier-General.
FREDERICKSBURG UNDER THE UNITED STATES.
The long tobacco act of the House of Burgesses was the last act passed by that body that affected the commercial interest of the town or the agricultural interest of the surrounding country that we have any knowledge of. The Revolutionary war soon followed and our independence and new government was the result. It is not considered necessary in this work to attempt to give the part Fredericksburg bore in that struggle—the generals she furnished to command the armies and navy of the country, the line officers and soldiers she sent forth to meet and repel the invader, the statesmen she gave to provide for the armies or to form the new government and to guide it to a successful, permanent and solid establishment. All of these things are told by the records and histories of the State and country more accurately and in a more pleasing style than we can narrate them. We therefore pass to the new order of things.
FREDERICKSBURG IN THE REPUBLIC.
The first act of the Legislature of Virginia in reference to Fredericksburg, after the establishment of the young republic, was to grant it a charter, which bill was passed in 1781. It provided for the town a Mayor, Recorder, Board of Aldermen and a Common Council, and required that all of them should be freeholders. They were made a body politic by the name and designation of Mayor and Commonalty of the town of Fredericksburg, and by that title were to have perpetual succession. The Mayor, Recorder and the four Aldermen wereex-officioJustices of the Peace, and had power to hold a court of hustings once a month, and to “hold pleas in all cases whatsoever originating within the limits” of the town and to “low water mark on the northwest side of the Rappahannock river and half a mile without and around the other limits of the said town.” They were given the sole authority and power of “licensing tavern keepers and settling their rates,” to appoint a sergeant with the powers of sheriffs, a “constable and other necessary officers of court and surveyors of the streets and highways.” A surveyor of the streets was appointed at the first hustings court held by the Mayor and his fellow magistrates, but he was known as the “Geographer” of the town for more than half a century, and was often so entered upon the court records.
In civil cases the hustings court was not to have jurisdiction where the amount in controversy exceeded one thousand pounds of leaf tobacco, or its value in money, unless both parties to the suit were citizens of the town when the suit was instituted.
The corporate authorities were authorized to assess the inhabitants and all property within the actual bounds of the town for all the charges of repairing the streets, and other matters of municipal expense. They were empowered to erect workhouses, houses of correction, prisons and other public buildings, and to pass all necessary ordinances for the good government of the town. They were to have two market days in each week, and appoint a clerk of the market, “who shall have assize of bread, wine, wood and other things,” and perform all the duties of Clerk of the Market. Themarket days were fixed by law on Wednesdays and Saturdays. It was also provided in the charter that if any person elected to an office failed or refused to serve, he was to be fined. The fines were regulated as follows: “For a Mayor-elect, fifty pounds; for the Recorder, forty pounds; for any Alderman, thirty pounds; for any Common Councilman, twenty-five pounds; for the City Sergeant, one hundred pounds; for the Constable, fifty pounds; for the Clerk of the Hustings Court and the Clerk of the Market, each fifty pounds; the Surveyor of Streets or Roads, each thirty pounds.” These several fines were to be imposed by the hustings court, and “to be levied by execution against the goods and chattles of the offender.”
The charter also provided that in case of “misconduct in the office of Mayor, Recorder, Aldermen or Common Councilmen, or either of them, the others, being seven at least, shall have power to remove the offenders,” and in case the other officers were guilty of misconduct, the power appointing them was clothed with the authority of revoking the appointment. It was provided that if the office of Mayor should become vacant, the Recorder was to succeed to the office, the oldest Alderman was to become Recorder, and “so on according to priority.”
It was further provided “that all the property, real and personal, now held and possessed by the trustees of the said town of Fredericksburg, in law or equity, or in trust, for the use and benefit of the inhabitants thereof, and particularly the charity donation of Archibald McPherson, deceased, now vested in the trustees of said town in trust, for the education of poor children, shall be and the same are hereby transferred and vested in the Mayor and Commonalty of said town, to and for the same uses, intents and purposes as the trustees of the town now hold the same.”
At the session of the Legislature in 1782 the charter of the town was amended and the jurisdiction of the hustings court was extended one mile without and around the former limits of the town on the south side of the Rappahannock river, and made a court of record and as such was authorized to receive probate of wills and deeds and grant administrations in as full and ample manner as the county courts could or might do. But no will was to be admittedto proof and no administration was to be granted unless the parties were citizens and residents of the town at the time of their death, and no deeds for conveyance of land were to be admitted to record unless the lands conveyed lay within the limits of the corporation. The court was empowered and authorized to appoint a person skilled in the law to prosecute for the Commonwealth and pay him a reasonable salary for his services, and when the Attorney for the Commonwealth was appointed for the town, it was to be exempt from paying any part of the salary of the Attorney for the Commonwealth of Spotsylvania county.
“Rising Sun Tavern,” kept by Gen. Geo. Weedon prior to 1775;now the property of the A. P. of V. A.(Seepage 148)
Mary Washington Monument, erected by the Women of America;Wm. J. Crawford, architect.(Seepage 157)
RAPID GROWTH OF THE TOWN.
On the petition of sixty-four of the leading citizens of the town, property owners and tax payers, complaining that certain provisions and requirements of the original charter of the town, granted in 1727, had not been enforced by the Council and complied with by lot owners, the Common Council, in 1782, passed an order which resulted in great benefit to the town in the way of improving vacant lots, erecting buildings and furnishing permanent homes for artisans, mechanics and laboring men. In the memorial submitted to the Council, these property owners complained of “being frequently subjected to the payment of many heavy Taxes and charges for the general benefit and improvement of the said Town of which many proprietors of unimproved Lotts pay no part, although their property is thereby daily rendered more valuable; That the proprietors of said Lotts, although wealthy, will neither build on them, nor sell to those who would, unless for exorbitant prices, by means whereof Rents are high and many useful tradesmen are prevented from residing in the said Town, to remedy which your petitioners pray that you, as Guardians of the said Corporation, will take into your consideration an Act of Assembly, passed in the year of our Lord One thousand, seven hundred and twenty seven, entitled an Act for erecting a Town in each of the counties of Spotsylvania and King George[23]or so much of thesaid Act as may relate to the said Town of Fredericksburg. A due execution of said Law, your petitioners Conceive, will be productive of many real and very essential advantages to the said corporation; by encouraging the peopling of it and increasing its Trade and Navigation. Your petitioners do not wish that any immediate advantage may be taken of failures or defaults already heretofore suffered, by noncompliance with the above mentioned Act, but that Public notice may be given to the proprietors of such unimproved Lotts that a strict execution of the above mentioned Act of Assembly will be observed with all such as shall, in future, fail to perform, fulfil and comply with the rules and directions therein set forth.”
In consideration of the complaints of these citizens and the wise suggestions made in their communication, as well as the requirements of the act referred to, the Council ordered “that notice be given to the Proprietors of unimproved Lotts within this corporation, by advertisement in the Public News Papers, that they immediately pay up the Taxes due on said Lotts within this Town and that they be informed that they must build on their unimproved Lotts, agreeable to the Act of Assembly, passed in One thousand seven hundred and Twenty-seven, for establishing a Town in the County of Spotsylvania, otherwise the Lotts will be sold agreeable to the said Act.”
In consequence of the enforcement of this order of the Common Council, both the taxable values, and the inhabitants of the town, increased rapidly. Instead of an empty treasury, as the town then had, and the necessity it found itself under of appealing to the public for subscriptions for money with which to repair and enlarge the church, to repair the market house, the courthouse and jail, so they could be used, the town soon had money for ordinary purposes, and also for repairing the public buildings, many of which had been used during the war by the soldiers of General Washington’s army, leaving a good balance in the treasury, after the work was done. Nor was that all; in 1791, under the “Domestic Loan Act” of Congress, the town loaned to the general government $3,500. This loan was evidenced by four certificates, issued by the“Loan office” of the Government in Washington and are duly recorded in the record book of the Common Council.
METHODS OF PUNISHMENT.
It may be interesting to note that in the olden times there were other methods resorted to for punishing criminals besides fines, jails and penitentiaries, which are not used in this day and time. The Common Council, in 1785, passed a resolution ordering Sergeant John Richards to “erect immediately a whipping post, stocks and ducking stool.” The whipping post was used mainly for the slaves who were guilty of small infractions of the law, but for aggravated offences, the penalty was “thirty-nine lashes on his bare back, well laid on,” to which was added “burning in the left hand, in the presence of the court.” The whipping post is said to have been used for habitual persistent absence from church, but it was very seldom used for that purpose, and never in Fredericksburg so far as we have discovered from the records.
The stocks were used to punish white persons for petty offences, such as vagrancy, trespassing and similar infractions of the law. The stocks consisted of a frame of timber, with holes in which the ankles and wrists of the offenders were confined. The stocks were erected in the public square and it is said the passers-by, and those who had gathered around them, through curiosity, would taunt and jeer at the criminals thus confined for punishment.
The ducking stool was used for punishing common scolds, refractory women and dishonest tradesmen, especially brewers and bakers. The ducking stool for Fredericksburg was erected on the bank of the Rappahannock river, at the foot of Wolfe street, near where the old Stafford bridge spanned the river. There are several of our old citizens now living who remember when it was in use, and when it was dispensed with, nearly seventy years ago. A “ducking” always brought together a large crowd, most of whom were rude and disorderly, and jeers at and ridicule of the party “ducked” would rend the air, while the sentence of the court was being carried out. It is said that some of the “scolding women,” as they would emerge from the water would send forth volumes ofabuse at the disorderly crowd, while the officer waited for the next bath, and this was kept up until the order of the court was fully executed. It seemed to be the wish of the authorities that the whole population would turn out and witness these different modes of punishment, with the hope that it would deter others from committing similar offences.