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Life in Old Virginia - Chapters XV-XVIII
CHAPTER XV. SECESSION AND CIVIL WAR
The secession of the slave holding States was the means of settling the
fate of the negro slave in America.
The writer will not discuss the wisdom, or the folly of secession, but
mentions it as one of the great events in the history of Virginia, and
will dismiss this question with the statement that the right of separation
or secession of States from the Union was not first suggested by the
people of the States which exercised the right of secession.
The first public, distinct avowal of disunion was made upon the floor of
the United States House of Representatives, by Josiah Quincy, a
distinguished member of that body from Boston, Massachusetts, who, in
opposition to the "Louisiana Purchase," said:
"I declare it as my deliberate opinion that, if the bill passes, the bonds
of this Union are virtually dissolved; that the States which compose it
are free from their moral obligations; and that, as it will be the right
of all, so will it be the duty of some, to prepare definitely for a
separation amicably, if they cams, violently, if they must."
Had Massachusetts followed the advice of this famous leader, perhaps
history would have to record how the troops of Virginia fought to beep
Massachusetts in the Union.
During the war with Great Britain, 1812-15, some of the most ardent
Federalists of New England advocated secession at the convention held by
them at Hartford, Connecticut.
On December 20, 1860, the people of South Carolina passed an Ordinance of
Secession in the following words:
"We the people of the State of South Carolina, in convention assembled, do
declare and ordain, and it is hereby declared and ordained, that the
Ordinance adopted by us in Convention, on the twenty-third day of May, in
the year of our Lord one thousand seven hundred and eighty-eight, whereby
the Constitution of the United States was ratified, and all Acts and parts
of Acts of the General Assembly of the State, ratifying Amendments of the
said Constitution, are hereby repealed, and the Union now subsisting
between South Carolina and other States, under the name of the United
States of America is hereby dissolved."
Other Southern States seceded in the following order:
(1) Mississippi, January 9, 1861 (2) Florida, January 10, 1861
(3) Alabama, January 11, 1861 (4) Georgia, January 19,1861
(5) Louisiana, January 26, 1861 (6) Texas, February 1, 1861
(7) Virginia, April 17, 1861 (8) Arkansas, May 6, 1861
(9) Tennessee, May 7, 1861 (10) No. Carolina, May 20, 1861
The six first named States, along with South Carolina, sent delegates to a
convention which met at Montgomery, Alabama, on February 4, 1861, to form
the "Confederate States of America."
Following close upon secession, came the war for the preservation of the
Union. Both adherents to the contest were terribly in earnest to defend
their views, and during four weary years, death and destruction through a
civil war stalked defiantly throughout this hitherto peaceful brotherhood
of States.
Men differed upon this great subject, and because of this difference of
opinion, the friendships born of the same hearthstone, and cemented by the
nearest and dearest ties of kindred, were torn asunder and cast aside that
man's most violent passions might have full sway.
Lay down the axe, fling by the spade,
Leave in its tracks the toiling plow;
The rifle and the bayonet blade
For arms like yours were fitter now.
When President Lincoln made an attempt to re-enforce Fort Sumter the
people of the South on April 12, attacked the fort. This was the real
beginning of the war.
The first shot at Fort Sumter, was fired from Cummings Point, Morris
Island, by Edmund Ruffin, a Tidewater Virginian, then about seventy years
of age. He was born in Isle of Wight County, Virginia. He implored this
privilege, and was assigned to duty in the Palmetto Guards.
The firing upon Fort Sumter was accepted as the first hosthe engagement
between the forces of the Confederacy and the Federal Government. Sumter
was evacuated by the Federal forces on April 14, 1861. On the following
day, April 15, 1861, President Lincoln issued a call upon the several
States for their quota of militia to aid in maintaining the National
Union. This call of President Lincoln precipitated action on the part of
Virginia, and two days thereafter, on April 17, 1861, an Ordinance of
Secession was passed. The Governor, John Letcher, thereupon issued a
proclamation announcing the accession of Virginia to the Confederacy.
Immediately after this, a military league was formed of the people of
Virginia with the "Confederate States of the South." By this treaty, the
latter were bound to march to the aid of Virginia against the invasion of
the Federal Government.
The first Federal troops to reach the Federal Capital, Washington, D. C.,
in response to President Lincoln's call, were five companies of
Pennsylvanians, composed of five hundred and thirty troops, from
Pottsville, Reading, Lewistown, and Allentown. They reached Washington on
the evening of April 18, 1861. The writer, then a lad of seventeen years
of age, a runaway from school, was one of the five hundred and thirty
troops above referred to.
On the evening of April 18, 1861, the five hundred and thirty
Pennsylvanians reached Washington from Harrisburg, Pa., by way of
Baltimore City, and camped in the Capitol Building, that same evening,
occupying both the Senate and House of Representatives chambers. They were
accompanied from Harrisburg, Pennsylvania, by forty troops of the Regular
Army, under command of Lieutenant John C. Pemberton, who, upon reaching
Baltimore, resigned his command at Fort McHenry, went South and
subsequently was placed in command, as Lieutenant-General, of the
Confederate Army at Vicksburg, Mississippi, where it was the fortune of
the writer, while with the Federal Army, in July, 1863, to again meet this
officer.
On the evening of April 19, 1861, the 6th Massachusetts volunteers also
reached Washington City. In passing through Baltimore City, Maryland,
several of the Massachusetts men were killed.
The Pennsylvania and Massachusetts troops, above mentioned, were the only
Federal soldiers in the city of Washington until April 25, 1861, when the
7th Regiment New York volunteers arrived there by way of Annapolis, as all
the railroad bridges had been burned, and all the telegraph lines leading
into Washington had been cut, thus completely isolating that city with
less than two thousand Federal troops to guard it.
Had Virginia been active following the Ordinance of Secession, passed by
her Legislature on the 17th of April. 1861, her troops could have entered
and taken possession of Washington City, as there were no Federal troops
there until the evening of April 18th, 1861, except a corporal's guard of
regulars, and a small quota of District militia to oppose, and less than
two thousand Federal troops there until the evening of April 25, 1861.
The "Richmond Enquirer" of April 23, 1861, said: "The capture of
Washington City is perfectly within the power of Virginia and Maryland, if
Virginia will only make the proper effort by her constituted authorities."
At midnight, on May 23, 1861, the first Federal troops to invade the State
crossed to Virginia by way of Aqueduct Bridge, at Georgetown, D. C., near
the head of tidewater. There were three columns, each to cross the Potomac
River into Virginia at different points; they moved almost simultaneously.
The one by way of Aqueduct Bridge, which was the first to reach Virginia,
was commanded by General Irwin McDowell. As it advanced to the Virginia
end of the bridge, they forced the State pickets to retire. The second
column crossed at the Long Bridge, from Washington City; the third column,
destined for Alexandria City, embarked on two schooners from the Eastern
Branch, a tributary of the Potomac which enters that river on the southern
part of Washington City.
This last column, which embarked on the two schooners, was composed of the
New York Fire Zouave Regiment, under Col. E. E. Ellsworth. Through the
coming of Ellsworth to Alexandria was shed the first blood of the men of
the North and the men of the South, during the Civil War, upon the soil of
Tidewater Virginia. Upon entering Alexandria, Ellsworth seeing a
Confederate flag floated from the "Marshall House," on King Street, went
in person and took it down, and when deseending a staircase with it, he
was shot and killed by Jackson, the proprietor of the hotel. The killing
of Ellsworth was followed by the immediate killing of Jackson by one of
Ellsworth's soldiers. Jackson was not an enlisted man.
Alexandria City was taken by the Federal army without battle, other than a
few stray shots from the Virginia sentries as they retired before the
advance of the Federal forces.
The first battle fought upon the land, during the Civil War, was at Big
Bethel, York County, in "The Peninsula" division of Tidewater Virginia, on
June 10, 1861; and the first soldier of the Confederate army killed during
the War in a land battle, was Henry Lawson Wyatt, a private of Company K,
First North Carolina Regiment of Volunteers, at Big Bethel, on the date
above named. Major Theodore Winthrop, of Massachusetts, Aide and Military
Secretary to Gen. B. F. Butler, was the first Federal soldier shot in this
battle. He was killed by a shot from a North Carolina drummer boy as he
climbed on a stump to reconnoiter. It is said of him that "the first
suggestion of arming the black man in this war came from Theodore
Winthrop."
Thus began the battling of the Civil War within "The Peninsula" section,
and almost within sight of the spot where the first colony seated to form
the nucleus of this mighty nation. This early battle ground, where
brothers of the one Nation first fought each other to the death, during
the Civil War, was made sacred by the early pioneers of a new
civilization, through their suffering of famine and disease, and through
their struggles with the wild men, and the wild beasts of a new world, and
through their own hardships and labors, they brought forth a garden spot
from a wilderness of forest and swamp, in the hopes that their offspring
might dwell therein in peace, and thrive therein in plenty.
Virginia at once became tire chief State in the Confederacy, and its
principal battle ground during the entire war. All parts of the State are
dotted throughout with the sites of battle fields, excepting the two
counties of the "Eastern Shore" peninsula which, during the whole war,
were in the possession of the Federal forces.
It is said to be manifestly impossible to secure absolutely correct
statistics of the Civil War which continued for four years, from 1861 to
1865.
The Adjutant General's office gives the following statistics of the Civil
War: The statistics for the Confederate troops are only partially given.
Federal troops killed in battle, 67,058; died of wounds, 43,012; died of
disease, 199,720; other causes, such as accidents, murder, in Confederate
prisons, etc., 40,154. Total, 343,944. Deserted, 199,105.
Confederate troops who died of wounds or disease (partial statement), 133,
831; deserted (partial statement), 104,428. Number of Federal troops
captured during the War, 212,608; Confederate troops captured during the
War, 4'i6,169; Number Federal troops paroled on the field, 16,431;
Confederate troops paroled on the field, 248,599 ; number of Federal
troops who died while prisoners, 30,156; Confederate troops who died while
prisoners, 30,153, a difference only of three men in a total, 60,309.
Aggregate number of men credited in the several calls for troops, and put.
into the service in the Federal Army, Navy and Marine Corps, from the
first call of President Lincoln, April 15, 1561, to April 14, 1865, was 2,
656,553.
The total number of men put into the service in the Confederate States
cannot be definitely ascertained. It is estimated between 700,000 and 1,
000,000.
There were mustered out of the Federal Service in 1865, when the war
closed, 786,000 officers and men.
There were 1,882 battles fought, being an average of more than one battle
for each day of the entire war. About one-half of these were fought in
Virginia. Of this number, in 112 battles, there were more than 500 men
billed in each battle. The killed in battle would average more than
fourteen hundred men in each month of the war, from its beginning to the
close.
It is estimated that the cost of the Civil War, to the North and the
South, irrespective of the money value of the slaves, was in expenditure
of money, loss of property, etc., about eleven billions of dollars.
The Revolutionary War cost $130,193,703, and 30,000 American soldiers'
lives.
The War of 1812 cost $107,150,000, and 2,000 American lives.
The Mexican War cost $74,000,000, and 2,000 American lives.
Indian wars and other minor wars cost $1,000,000,000, and 49,000 American
lives.
The eastern portion of Tidewater Virginia, bordering on the Potomac River,
the Chesapeake Bay, and the lower James River, was in possession of and
within the lines of the Federal armies early in the war.
The inland portions of Tidewater Virginia were the scenes of many
desperate conflicts between the Federal and Confederate forces.
CHAPTER XVI. THE NEGRO AND HIS FORMER MASTER
It is not the purpose of the writer to record in detail the history of
emancipation. Before the Civil War, the question of the extension of
slavery was warmly discussed and its boundaries in part were settled by a
compromise, known as the Missouri Compromise, and the question of
manumitting the slaves was also earnestly discussed by men of the South,
many of whom were prominent and influential in state and nation. Among
these men was Thomas Jefferson, who earnestly advocated the emancipation
of slaves by the State of Virginia. His plan was to provide by law that
all children born after a certain date were to be free, though their
parents might be slaves. This was the plan pursued by some of the Northern
States. Many other prominent men in the South felt as did Jefferson, that
at some day the States should provide for emancipation. Following the Nat
Turner insurrection, the sentiment for emancipation of the slaves grew
greatly. Some proposed to colonize the negroes, and societies composed of
the best people were formed in all parts of the State for this purpose.
The question of setting free all the slaves was warmly debated in the
Legislature of Virginia and a bill to abolish slavery was offered and was
defeated in the lower house by a small majority. The fact that many
prominent men must have favored emancipation is proven by the large number
of "free negroes" resident in the Southern States in 1860, who were either
ex-slaves or their descendants, notwithstanding the laws to the contrary
which provided for their removal when freed.
Number of Slaves and Free Colored in the United States in 1790 and in 1860.
The First and Last Census of the Slaves.
CENSUS OF 1790 CENSUS OF 1860
State Slaves Free Colored Slaves Free Colored
Alabama 435,080 2,690
Arkansas 111,115 144
Connecticut 2,764 3,899 8,627
Delaware 8,887 3,899 1,798 19,829
Florida 61,745 932
Georgia 29,264 308 462,198 3,500
Kansas 2* 625
Kentucky 12,430 114 225,485 10,684
Louisiana 331,726 18,647
Maryland 103,036 8,043 87,189 83,942
Mississippi 436,631 773
Missouri 114,931 3,572
Nebraska 15* 67
New Hampshire 158 630 494
New Jersey 11,423 2,762 18* 25,318
New York 21,324 4,654 49,005
North Carolina 10,057 24,975 331,059 30,463
Pennsylvania 31,737 6,537 56,942
Rhode Island 948 3,407 3,959
South Carolina 107,094 1,801 402,406 9,914
Tennessee 3,417 361 275,719 7,309
Texas 182,560 355
Virginia 292,627 12,866 490,865 58,042
District of Columbia 3,185 11,131
Utah Territory 29* 30
Totals 697,681 50,447 3,953,760 406,985
The above table includes all the slaves in the United States as enumerated
by the United States Census, during the years 1790 and 1860, respectively,
and the free colored only in the States in which slaves were enumerated
during one or both of the census years above named. This table indicates a
large increase of free colored in the respective slave-holding States
between the years 1790 and 1860, notwithstanding the fact that very many
of the slaves upon being freed, removed to the non-slave holding States.
The States marked with a star, in the Census of 1860, were non-slave
holding. The slaves enumerated therein happened to be there with their
masters at the time the census was taken, except in the case of New
Jersey, where they were "colored apprentices for life," by the act to
abolish slavery, passed by New Jersey, April 18, 1804.
In 1790, slaves were held in every one of the seventeen States then in the
Union, excepting Maine, Massachusetts, and Vermont. History accredits New
England Rum, Yankee Skippers, and English Captains of ships with supplying
the slave markets of America until suppressed by law.
The total cost of the Civil War was a sum more than equal to the payment
of $2,000 for every slave, male and female, old and young, in the United
States in the year 1860.
Before the Civil War was far advanced, the question of granting freedom to
the slaves was first brought to the attention of the Federal Government
through the practice by many of the commanding officers of the Federal
army returning captured fugitive slaves to their owners.
On July 9, 1861, a resolution was passed by Congress that it was "no part
of the duty of soldiers of the United States to capture and return
fugitive slaves."
On August 10, 1862, a joint resolution was passed by the Federal Congress
"That the government cooperate with any State whose inhabitants might
adopt measures for emancipation and should give to such State pecuniary
aid, to be used by it, at its discretion, to compensate it for the
inconvenience, public and private produced by sack change of system."
On February 3, 1865, a peace commission from the Confederate States met on
beard a steamer anchored in Hampton Roads, Virginia, at which were present
Alexander Stephens, R. M. T. Hunter and J. A. Campbell, of the Confederate
aide, and President Lincoln, and Secretary of State, Seward, on the
Federal side. At this conference, it is said that President Lincoln made
the following remarks to Mr. Stephens: "Your people might after all, get
$400,000,000 for the slaves, and you would be surprised if I should call
the names of some of those who favor such a proposition."
On September 22, 1862, President Lincoln issued a preliminary proclamation
of emancipation. He then declared that on the first day of January next
ensuing, the slaves within every State, or designated part of a State, the
people whereof should then be in rebellion, should be declared "thence
forward and forever free." He also declared that any State in which
"rebellion" had existed that should have in Congress at that time-January
1, 1863 representatives chosen in good faith, at a legal election by the
qualified voters of such State should be exempted from the operations of
the proclamation.
On January 1, 1863, the issued a Proclamation of Emancipation, designating
the States and parts of States wherein the people were in rebellion, and
among the places excepted from the operations of this proclamation were
the following counties and cities of Tidewater Virginia: "Accomac,
Northampton, Elizabeth City, York, Princess Anne, and Norfolk, including
the cities of Norfolk and Portsmouth, and which excepted parts are, for
the present, left precisely as if this proclamation were not issued." This
proclamation did not interfere with the slaves within the territory above
named, neither did it interfere with the slave States outside the
Confederacy, viz: Delaware, Maryland, Kentucky, and Missouri. Slavery was
abolished in the District of Columbia by bill approved April 16, 1862.
Freedom was extended to all slaves within the United States and
Territories by Article XIII, section 2, of the Amendment to the United
States Constitution. The amendment was proposed at the second session of
the 38th Congress, passing the Senate April 8, 1864, and the House January
81, 1865. It was officially announced to the country December 18, 1865,
that it had been ratified by three-fourths of the States, and was
therefore a part of the supreme law of the land.
Freedom was accepted by the negroes according to their natural
temperament. Some of then were loud and demonstrative in their joys. Such
was "Aunt Dorcas," a portly, dark yellow woman, whose former master and
mistress were extremely lenient and kind to their servants. Her mistress
died many years preceding the Civil War and her master died a short while
after the war began, and his estate being in an unsettled condition, "Aunt
Dorcas," together with the other servants, were deeply concerned as to
whose hands they might fall into, and greatly relieved when the war ended
with their freedom. She was the principal servant about the house, and
recognizing her responsibilities, she refused to take advantage of the
many opportunities offered here to escape to freedom; thus she remained
true to the last. After the war she settled at the Court House village,
and made her living by laundry work for its inhabitants. That she was
anxious and grateful for her freedom, was manifest in her actions during
the first two or three years following her entry into the village. When
the spirit moved her-at intervals of two or three times a week-she would
walk into the middle of the public road, raise here eyes and her hands
Heavenward and cry out in loud, beseeching tones: "Th-aank Je-e-sus I'se
free-e! Ya-a-s my Je-eus I'se free-e!" after which she would go into her
house, get her laundry basket and collect her day's work from the white
residents of the village. Such was the innate good manners of the white
residents of this village-both old and young-that "Aunt Dorcas" was never
disturbed, by act or voice, while in her moods of rejoicing. The whites
were civil in their manner towards the negroes, and the negroes were also
civil to the whites.
"A soft answer turneth away wrath;
But grievous words stir up anger."
Very many of the negroes made no demonstration whatever to indicate their
feelings upon the subject of freedom, but went about stolidly as before
without change of manners or conduct.
The elderly negroes were somewhat dazed by their freedom, and were at a
loss to determine its full scope. Owing to rumors of repeated bondage,
which were idly circulated by the thoughtless, some of these old servants
were shy of remaining upon the old homestead to which their former master
and mistress had kindly invited them and hospitably offered a shelter for
life. Some of them after accepting these hospitable offers, would suddenly
leave their homes as if to determine fully their freedom. Very often this
sudden determination to make a change was brought about by the twitting of
others of their race in charging them with yet belonging to their former
owners. Especially was this the case where the servants continued to
address the former master or mistress in the courteous manner of their
former bondage, as "Marster," or "Missus," but notwithstanding these
upbraidings of the younger ones, many of these old servants continued this
courteous manner of salutation for several years after their freedom, and
finally the appellation "Boss" was substituted for "Marster" and "Mam" for
"Missus."
When the Civil War ended and emancipation of the slave became a fact
throughout the whole United States, both the former master, and his former
servant, were met with new problems in the labor market. From the position
of absolute owner and master of his laborers to that of landlord only, and
from absolute bandage-without cares or responsibilities-to that of a
freeman, with all its perplexities and responsibilities, were the
conditions forced upon the white man, and the negro of the Southern
States, without a personal experience for either to guide then. The
majority of the masters never before had occasion to rent their lands, or
to use any labor outside of what they owned, except perhaps, for some high
grade mechanical work. The slave and his family were cared for by the
owner, whether the servant were industrious or indolent, and when he was
freed, the value of his services were to be measured by his own industry
and capability. Generations of bonded servitude made the bondsman
dependent upon others for guidance. He had no occasion to exercise brain
power, other than in performing his daily set tasks regardless of the
profits or losses which might follow success or failure.
During the first few years following freedom, it was difficult to induce
the servants to make binding bargains for a year's services upon the
plantation, owing to the dread that such promises were binding bargains
against their liberty. Very many left their homes during the war, and many
of those who remained, or returned, were undetermined what to do; thus
there developed a serious uncertainty in the labor market. There was also
a "spell of idleness" pervading the air which laid its microbe upon young
and old, as it attacks the school boy who is not well enough to attend his
school, but is quite hearty enough to spend the idle day in active sports
with companions of his kind. During these periods of idleness, many of the
servants would refuse a day's labor with remunerative pay and ample food,
and instead would prefer to carry a peck of their own corn, worth ten
cents, to the grist mill, distant perhaps several miles, and while
hungrily awaiting "their turn" to have it ground into meal, for which one-
eighth was deducted therefrom for "toll;" they would spend the day upon
the banks of the mill pond, nodding in the sunshine, while they held in
their land a fishing line baited for "mill pond suckers."
These were trying tines for the farmer who had managed to seed his crops
upon his lands, and which now needed "laying by"-the finishing furrow to
the corn crop. Many of those who never before had done a day's labor in
the field, now took off their coats, and went manfully to work.
It is related that a certain dignified old gentleman, who heretofore had
an abundance of servants, and therefore unused to labor himself, finding
his corn fields needed plowing, and unable to obtain labor, determined,
against the remonstrance of his tender-hearted wife, to "lay- his corn by"
himself. With this purpose in view, early the following morning, he
hitched to his plow a young, sprightly mule. About the hour the sun had
arisen well up in the heavens and heated the atmosphere, owing to the
quick movements of his young mule, he had made progress enough through the
tall corn to fatigue him, and warm him, so much that he was compelled to
shed some of his garments at the end of each corn row. One by one went his
garments, first his coat, then his vest at the other end of the row, then
followed his cravat, his collar, his dress shirt, his shoes and socks, and
his hat-distributed front end to end of the field. Nevertheless the
perspiration was increasing on his body, notwithstanding he had shed the
last garment he could with propriety spare therefrom. Deciding to view the
result of his labors, he mounted the fence, and with mortification and
disgust, beheld the small space of cornfield which he had so laboriously
"laid by;" he then glanced over the larger remaining unplowed portion
which was a greater surprise to him. Upon taking a second glance of the
unplowed lands, and then viewing the reeking condition of his lone nether
garment, and his smoking hot mule, he waved his hand in the direction of
the unplowed field and cried aloud with determined and indignant voice,
"I'll lay you all by yet, if it kills me."
His anxious wife had sent her only servant, a faithful old black mammy
cook, to the f field wish a jug of cool, fresh water for the old
gentleman. The servant reached the cornfield just as he had finished his
view of the unplowed lands, when he began to heap imprecations upon the
"lazy niggers," the "Yankees," and "emancipation." Upon her return to her
mistress she was asked how her master was getting on in his work. "I tells
you Missus," she replied, "I'se feered of Marster don' loss his mind. He
don' flung away mos' ev'ry stitch uv his clothes, an' he was rarrin' an'
pitchin' 'bout de lazy, sorry niggers, de Yankees, an' 'mancipation. It's
de truff ef evah I tol' it Missus, dat de words of Marster was a sayin'
was jes' mos' laik of time 'tracted meetin' preachin' as evah I heerd in
all ma bo'n days."
The problem of labor was finally solved in the majority of instances by
the owner of the lands "sharing the crops" with the laborer. Under this
method, a certain part of the crops were to be set aside for the hire of
the lands, the team, and the implements, and the remainder was to be
divided between the owner and the tenant. This plan was known as "working
on shares," and under the conditions prevailing at that date, if probably
was the better plan, as the owner of the lands was not at that period
prepared with ready money to hire labor, and the negro was in the same
condition as to the means to purchase teams, implement, and food to last
until the crops were harvested.
This arrangement continued for many successive years, and is yet the plan
followed in many instances.
It is related that there was a certain close-fisted farmer who persuaded a
negro away from his former master's service by making him the liberal
offer of one-half of the crop, reserving the other half for the use of the
lard and team.
After the crop was harvested this old servant was met on the road by his
former master, and inquiry was made as to how he succeeded in farming on
such liberal sharing of the crop. "Ice gittin' on mighty slow Boss," said
he, "I wucked Mistuh C _____'s co'n crap on half char's, an' kaze uv de
drouf dar war'nt mo' dan half a crap rais', an' Mistuh C_____ he say to me
dat dar's no use 'sputin' 'bout it, kaze de half crap dat wuz raise mus'
sholy go fo' de Ian' an' de mules. I don quit 'sputin' wid him, an' I don
quit wuckin' on sick char's as dat."
Whenever an industrious negro desired to obtain a home of his own, he was
usually helped by the whites, selling him a portion of their lands upon
easy terms. By this means many homes have been secured by negroes.
The negro is appreciative of praise for tasks well done. Very few of them
have the initiative to meet sudden, unexpected emergencies. This may be
due to their training in days of bondage awaiting instructions or orders
from others. Many, or repeated instructions, or orders, relative to his
task are apt to confuse instead of aiding him. The negro is naturally more
inclined to jollity than to seriousness, and is quick to perceive and
appreciate the humor of the ridiculous in one of his own race, and upon
occasions, gives boisterous vent, instead of suppression to his humor.
A negro might hate a slow, shambling gait when at his work, but when he
danced, there was "nothing slow about him." Nearly every young negro
dances, and always to lively tunes, whether they are played upon the
fiddle, banjo, jewsharp, or mouth organ, or if they are "patted" to him,
he will keep excellent time, and cut more "pigeon wings" than any
professional minstrel of the present day.
Few whites can equal his performances, and none can surpass him in shaking
his feet. The following is one of the old time popular "jig" songs.
De hen an' chickens vent to roos'
De hawk dew don an' bit de goos'
He bit de of hen in de bac'
I do b'lieve dat am a fac',
O Jinnie git yo' hoe cake den' ma dear,
O Jinnie git yo' hoe cake don'.
As I was gwine 'long down de road,
'Pon a stump dar sot a toad,
De toad he winked to tadpole's daughter
An' kicked a big frog in de water.
O Jinnie git yo' hoe cake don' ma dear,
O Jinnie git yo' hoe cake don'.
This was a lively tune, and needed sprightly limbs to keep time to it.
During these later years, the negroes are giving up their singing,
dancing, wrestling or kicking bouts in public, which were the chief
pastime of their fathers in the days of slavery and immediately after the
Civil War.
CHAPTER XVII. COUNTY COURTS IN TIDEWATER VIRGINIA
The origin of government, and of the courts of law from their first
beginning in Virginia is a lengthy and interesting study for the student
at law, and because of its voluminous proportions will not be closely
followed by the writer. It is said that, "as every new law is made to
remove some inconvenience the State was subject to before the making of
it, and for which no other method of redress was effectual, the law itself
is a standing, and the most authentic evidence we can require of the state
of things previous to it."
From the very beginning of the settlement, and for at least five years
following, the colonists were but the servants of the London Company who
transported them to Virginia in its own vessels, and maintained them there
at its cost. When they reached Virginia they were divided into groups to
work under the supervision of men chosen to direct them in their labors.
They were to carry out the orders of the Company "To build and fortify the
town, to clear and prepare ground for planting, to explore the rivers,"
etc. The advice was: "The way to prosper and achieve good success is to
make yourselves all of one mind for the good of your country and your
own."The colony was begun "a kingdom without written laws," and so
continued until the meeting of the first House of Burgess in 1619. Until
then they were supposed to be governed by the laws of England, but when
the three ships conveying the colony weighed anchor and set sail from
Black= wells, the laws of England like many other home comforts were left
behind.
From 1607 to 1609 the colony was under the immediate control of a
president and a council who administered such justice as their wills
dictated. The great power vested in this first council and president was
manifest upon the return of Captain John Smith to Jamestown after his
rescue from death by Pocahontas, in January, 1608. The council then held
him responsible for the death of his crew by the Indian Chief
Opechanchanough; for this the council condemned him to die, and but for
the timely arrival of Capt. Newport from England upon the morning set for
smith's execution, they would have carried their design into effect.
Until the colony increased red in numbers and expanded in territory, and
the individual member could lay claim to the products of his own industry,
there was no need for courts of justice such as now exist, because there
were neither property nor individual rights to settle.
The colony from its first settlement in 1607, up to the year 1624 was
under the control of the Virginia Company of London-a proprietary
government. After that it was a royal government under the control of the
Crown of England.
In 1609 the Company chose the first governor and lieutenant-governor, who
superseded the former president; there was also a council. The Company
continued to appoint governors until the revocation of its charter in
1621, after which the Executives of Virginia were appointed by the Ding,
excepting during the period from 1652 to 1660 when they were elected by
the house of Burgesses. The Council were the governor's advisers in
executive matters. They constituted the General Court-the Supreme Court of
the Colony-and were also members of the General Assembly, corresponding to
the present Senate of the Mate. Sometimes they acted as county lieutenants
or commanders-in-chief of their county.
The first election for a legislative body on the American Continent was
held in Virginia, in 1619, when the planters were given a hand in
governing themselves through the election of Burgesses-the lower house of
Assembly.
In 1619 Governor Yeardley issued a proclamation in accordance with his
"general instructions establishing a Commonwealth," known as the "Great
Charter:" "That all those that were residents at the departure of Sir
Thos. Dale (April 1616) should be freed and acquitted from such publique
services and labours which formerly they suffered, and that those cruel
laws by which we had so long been governed were now abrogated by these
free laws which his majesties subjects live under in Englande." And that
they might have a hand in the governing themselves, it was granted that "a
general assembly should be held yearly once, whereat were to be present
the Governor and Counsell, with two Burgesses from each Plantation freely
to be elected by the inhabitants thereof; the Assembly to have power to
make and ordaine whatsoever laves and orders should by them be thought
good and profitable for our subsistence."
The exact date of this first election in America is not known; it is
supposed to have been some time in June, 1619.
In 1619 each town, hundred and plantation was to be incorporated into one
body corporate (a borough), and each borough had the right to elect two
Burgesses to the General Assembly, hence their name of Burgesses, from
Borough.
One of the Burgesses describes this first meeting of the General Assembly
at Jamestown on July 30, 1619, as follows:
"The most convenient place we could find to set in was the Quire of the
Church, where fir Geo. Yeardlcy, the Governor, being sort downe in his
accustomed place, those of the Council of Estate sat nest him on both
halides, except only the Secretary, then appointed speaker, -who sat right
before him: John Twine, clerk of the General Assembly, being placed next
the Speaker; and Thos. Pierce, the serjeant, standing at the bane, to be
ready for any service the Assembly should command him. All the Burgesses
took their places in the Quire till a prayer was said by Mr. Bucke, the
minister, that it would please God to guide and to sanctifie all our
proceedings to his owne glory and to the good of this Plantation. Prayer
being ended the Burgesses retired to the body of the church, where they
were called by order and by name, and so every man (none staggering at it)
took the oath of Supremacy, and then entered the Assembly. The Council had
been previously sworn, the first business before the Assembly was to
decide who were entitled to sit as members. The Speaker, John Pory was one
of the Council of State."
The General Assembly consisted of the House of Burgesses and the Council
together with the Governor. They sat as one body until the time of Lord
Culpeper who brought about the separation of the Council from the
Burgesses. They all kept their hats on in session in token of authority.
All the acts of Assembly during the control of the London Company were
first sent to England for their approval before they became laws. The
Company lad the power to confirm or annul the acts of the Assembly.
The legislature of Virginia has ever been free from scandal excepting
during the short period of "Reconstruction," when there were some
adventurers, known as "carpet buggers," seated in that body. The members
from the rural districts are chosen from the more intelligent and highly
respected classes, many of whom are lawyers, or country gentlemen. Such
men as have no political axes to grind, and who would scornfully refuse to
turn the "grindstone of legislation" for purposes of sharpening the venal
tools of others, are the men as a rule, selected for the legislature from
the county districts.
From its first session to the present day, its membership has had upon its
rolls the names of men famous as orators, statesmen, and jurists. It has
often been made the school through which were graduated some of the
Nation's most distinguished citizens.
County Courts had their origin in 1623 when commanders of plantations
first held court under Act of Assembly passed in that year, empowering
them to hold monthly courts in the corporations of Charles City, and
Elizabeth City. The commanders were styled "judges" of monthly courts. In
1628, Commissioners succeeded commanders as judges of monthly courts.
County Courts were first established by Act of Assembly in 1642. The
jurisdiction of the Court was then further extended to sixteen hundred
pounds of tobacco, and the monthly courts were to be thereafter called
"County Courts." By Act of November, 1615, because of the great distance
of many parts of the colony from James City, where the (quarter Courts
were held, jurisdiction was given to the County Courts, in all cases of
law and equity, and trial by jury secured to those who desired it.
In 1661 the office of Justice of the Peace was first named such by Act of
Assembly. They were originally called Commissioners. The County Courts
continued under the jurisdiction of justices of the peace until after the
Civil War. The justices of the peace prior to and during the Civil War,
were selected from the best citizens of the county-the dignified, educated
and often wealthy gentlemen.
During Reconstruction days pending the adoption of a new Constitution, the
old Court System was continued, but the justices were appointed by the
military officer in charge of the State. Owing to the disfranchisement
clauses in these acts, which disqualified many of the most intelligent men
of the State, it was difficult in some neighborhoods to obtain suitably
intelligent men to fill these offices.
The writer was present at a trial conducted during Reconstruction Days
before a justice of the peace who received his appointment from General
Canby, then commanding in Virginia. The case was a trivial assault upon a
constable, by throwing a bucket of slop water upon his head from a second
story window as he was about to enter a carriage maker's shop to serve a
summons. The trial was an amusing instance of ignorance of law by all
parties engaged in it. The justice before whom the trial was held lived in
a two-room weather-boarded log house. This dwelling was in the midst of a
big corn field through which a narrow road led from the main highway.
At the appointed hour all parties interested in the case, together with
numerous friends of the defendant, presented themselves at the door of the
justice's dwelling, where it was ascertained that he was "out in the low
ground a' grubbin' an' burnin' bresh." The party were cordially invited
into the house and told to "rest your hats upon the bed." The crowd filled
the small room and overflowed to the threshold upon which two or three
found a resting place.
The hostess said she would call her husband, and thereupon blew two long
blasts in a "conch shell horn" which she took from a shelf close to the
doorway. Soon thereafter the man of law made his appearance with a
grubbing hoe under his arm, his hat in one hand, and a big, red cotton
bandanna handkerchief in the other with which he mopped the sweat o f
honest toil from a bald head. He cordially shook hands with each one-all
of whom be knew personally-and civilly inquired about the health of their
families.
This gentleman was a typical poor white man of Tidewater Virginia; an
honest, industrious, independent, orderly citizen, but totally illiterate,
and therefore unfitted for the responsible position assigned him. During
the trial, his opinion was asked in a certain matter of law, and he
humorously replied: "I don't know much about the book laws. I never went
to school but two days in my life. It rained like all scissors both days,
and the teacher didn't come nary day of the two, so I quit wastin' time
and went to work, and I've been at work ever since. I'll think this thing
over, an' let ye know,"
He was the owner of a considerable number of acres of poor land which had
been in the possession of his ancestors for generations and was worked by
all of these several generations without adding anything to improve the
soil. He made a living for himself and wife by his own industry and
frugality, but was too poor to own servants. He took no part in the war,
and was not an advocate of secession; neither did he hold office before
the war; therefore he was eligible under the Reconstruction Acts.
The Commonwealth attorney who represented the plaintiff in the case was
also a military appointee; a native of a western State, fresh from his
graduating class in a law school, and without knowledge of law other than
"book larnin'." This was his first case in a "real court of justice:"
Unfortunately for him, his "law library" consisted of his answer to the
"Quiz" of the Court before whom he was first licensed, together with a
copy of "Blackstone's Commentaries," and a book on "Evidence:"
As the weather was warm and pleasant outdoors, and accommodations within
the house were too limited for the assemblage, it was suggested that the
trial be held in the shade of a big pine tree that stood nearby and
adjoining the "worm fence" which enclosed the "cuppen." The top rails were
withdrawn from the fence and inserted between the lower rails which form
"the worm" of the several panels, and the crowd was then invited to seat
themselves upon these rails where they could rest their backs against the
fence. The justice, in his shirt sleeves, sat himself upon the front board
of a "steer kyart" which stood under the pine tree. As soon as he steadied
himself with his feet upon the tongue of the cart, the Court was in
session and ready for business regardless of a crier.
The case was opened by the young Commonwealth attorney who stated that
"the assault was made by wilfully and maliciously casting upon the
garments which the plaintiff then wore, upon his head and body, the
contents of a "soak bucket," in which a painter used to soak his brushes."
He declaimed in earnest voice upon the respect due an officer of the law,
and called upon the constable to exhibit the hat and coat which he wore
upon the occasion of the assault. The hat--an old time straight sided
beaver-shoved up like a barber's pole, with alternate streaks of red,
white and red, and red, white and blue paints upon it. The colors on the
coat were so closely blended and widely spread about as to unfit that
garment for future wear.
The defendant was not represented by a loyal attorney, but trusted to his
assembled friends, one of whom ;vas the brother of the former
Commonwealth's attorney, and because of this close kinship alone, he was
accredited with much knowledge of law. He bravely and vigorously
maintained his suddenly acquired fame as a "horseback lawyer," by
interrupting and correcting the prosecution as frequently as opportunity
offered, but his greatest success was made when the young attorney
proceeded to quote from his copy of "Blackstone." At once objection was
made to quoting "Blackstone on the laws of Virginia," and the Court was
told that "everybody in the county knows that Blackstone is no lawyer, but
only the keeper of a summer resort on Blackstone's Island, up the Potomac
River, on the Maryland side," and the Court was appealed to for
confirmation of this fact. To this the justice assented, as he had often
passed Blackstone's Island in his trips up and down the Potomac while on
his way to and from town.
The young prosecuting attorney was too much dazed by this unlocked for and
sudden turn in the case to discover the humor in it, and before he could
recover his wits and make reply, the attention of the justice was called
to the fact that his wife was making frantic efforts to drive back six
young, lively shoats which had broken loose from their pen, and were
working destruction in the young corn patch. Here was the golden
opportunity for the defendant and his friends, and after a hasty
whispering, they suggested to the justice that he adjourn court awhile and
they would "run the shoats down and pen them." To this proposition he
thankfully agreed. Fearing that the prosecution might benefit by their
absence, they appointed one of their number to aid the justice in building
anew the pig pen, and shedding their coats, they gave chase to the fleety
shoats. Of all the domestic animals with which man is blessed, or
distressed, there are none so difficult to catch and hold, as young,
healthy shoats when loose in a big level field. It is said "they can beat
a streak of greased lightning in zigzagging," and are as difficult to lay
hold of as the Irishman's proverbial flea. After repeated trials to corner
and capture all six shoats at once, the crowd finally centered their chase
upon one animal at a time, and after numerous upsets, and tumbles over one
another, and amusing slips of "tail holds," the six shoats were at last
landed within the pen by the perspiring crowd amid the grateful
acknowledgments of his honor, the justice, who was not aware of the fact
that the men had done more damage to the young corn than did the shoats.
As it was then late in the afternoon, and all parties to the trial were
several miles from their respective homes, it was suggested to the justice
that the case be postponed until some more convenient date. To this the
obliging magistrate readily agreed, much to the disgust and annoyance of
the prosecution, and thus ended one of the trials before a justice of the
peace during Reconstruction days, in one of the counties of the "Nor thorn
Neck of Virginia." The young "carpet bag" Commonwealth attorney, when the
State was readmitted into the Union, returned to his western home, and was
last heard of as a candidate on the Democratic ticket for Commonwealth
attorney. The old, obliging "scalawag" justice of the peace has long since
passed to the Higher Court, and it is yet undecided whether the assault
was accidental, or with malice aforethought.
After the State was re-admitted, County Judges were elected by the
legislature. In some instances they had more than one county within their
jurisdiction. In the year 1904, the system was changed to a meeting once
in every two months-six courts a year, under the jurisdiction of a Judge
of the Circuit Court.
The custom of holding court in each county every month was a great
advantage to the people of Tidewater Virginia. As stated elsewhere, these
several counties are intersected by numerous rivers, creeks, or coves,
which extend far into their interiors, and divide the lands into
peninsulas, great and small. Very few of these streams are crossed by
bridges, or have regularly kept ferries, and can therefore be crossed only
at their heads by long detours. Therefore, the county court days, and the
"Court House Bounds" were most frequently selected as the more convenient
times and places to meet the many with whom to transact business.
The "Court House Bounds" is usually the largest village of a county, and
generally contains at least one or two, or more taverns, several stores,
and blacksmith, wheelright and harness shops. These conveniences, together
with the business of the court, brought together vast assemblages of the
inhabitants of the respective counties, and many others from the adjoining
counties where they were sure to meet neighbors, friends and acquaintances
from far and near. They came from all directions and in all kinds of
vehicles, some afoot and many on horseback.
On court days, the "Court House Bounds" looked like a cavalry camp. Many
of the riders came there with their animals' noonday rations of ten
bundles of fodder and six ears of corn tied behind their saddle. They
"hitched" their horses or mules to the fences and "horse racks" in the
village. In the summer months many of the negroes came to court in their
bare feet, with their footwear slung over their shoulder, and when within
sight of the "Bounds" would halt by the roadside and "shoe up."
It was a holiday for the people generally, especially before planting
time, in the spring, and after the harvests, in the fall. It was
entertaining to a stranger to see this great assemblage of decent, orderly
citizens, conducting their several transactions in the most quiet,
deliberate manner, without show of haste, or nervousness, or disorder.
Perhaps nowhere else in America could such a sight be witnessed of
gentlemanly order amongst all classes.
This custom of meeting monthly was in practice from the earliest years of
the settlement of the respective counties, and therefore was an important,
time-honored factor in the business life of these people. While the
business of the Court was being held inside the Court House, the "Court
green" was occupied by the multitude assembled in small crowds throughout
the whole village, some of whom were buying or selling their lands,
timber, and other commodities, paying off old debts, or contracting new
ones; others with more leisure were discussing important events, or
telling yarns-humorously denoted as "swapping lies."
Candidates for office met on these occasions and greeted the voters, and
debated with one another in the Court house, if the business before the
court was not too urgent to adjourn, and if so, the candidates were
provided with an improvised platform of dry goods boxes, turkey coops, or
barrels. Candidates readily accommodate themselves to any emergencies when
seeking the suffrage of their fellow citizens. The improvised platform was
not always constructed with due regard to the avoirdupois of the occupant,
or the tests to which he might put it, and there were numerous instances
of amusing, though not fatal casualties resulting therefrom. During one of
the exciting elections, a candidate of heavy weight was making his speech
from the head of a whiskey barrel, across which was placed a narrow board
for his safety. In his ardor to impress a certain fact upon his hearers,
which he emphasized by the statement: "As sure as I stand upon this
barrel-," and with this sentence unfinished, he leaped with both feet from
the narrow plank upon the yielding barrel head, and disappeared "up to his
neck in spirits" which the anxious crowd had hoped to put into their own
necks, and to test in a more convivial manner. Through this awkward
incident of his canvas, he lost his election, but thereby acquired fame as
"Old Soak," which name ever afterwards identified him. A Virginia audience
listens well, is courteous to strangers, and appreciative of humorous wit
or salient points of speech, even though it be at their own expense. They
love to "see the fur fly."
The following lines express the sentiments of a freedman voter:
LOOKIN' FO' DE CANDEEDATE.
Jes' befo' de 'lection
He cum soon an' late,
Now I'se gittin' lonesome
Wa.itin' at de gate.
Mistuh! can yo' tell me
Whar is dat Can-dee-date?
Hope de Lawd will spar' him,
His talk was powerful great.
I 'sped he'll do a heap
Now fo' dis of state.
Mistuh! please do tell me
Whar is dat Can-dee-date?
Public vendues (auctions) were held out in the open court green, where
horses, oxen, mules, cows, and "busted merchants" goods were bid upon by
the many, and but few of whom knew their intrinsic value. Auction bids are
seldom correct indexes of values. Snits of clothing were purchased on
these occasions without opportunity to "try the fit," and therefore
without due regard to the size of the contemplated wearers, the result of
which was that the purchaser of a suit of vendue clothing attended the
following Court in a coat he could not button around him, and a pair of
"high water pants," too sheet by many inches.
"Swapping" horses is a custom which is almost exclusively confined to the
rural sections of the United States. This custom prevails to a greater
extent in the States south of Mason and Dixon's line than elsewhere. In
the sections of Virginia remote from a railroad, nearly every man, white
and colored owns either a horse, or male, or yoke of steers, and the
majority of the owners will make a swap of either animal, if good
opportunity offers.
"The swapping" was conducted usually in the tavern "horse lot," after
score "sharp talk," and a few gallops of the animals, up the road and back
again. A wily "swapper" from an adjoining county, would ride though the
"Court House Bounds" upon his "new, jaunty tail, frisky hoss," that
betokened "go in him," and "hard to hold." Such a swapper was sure to
attract act the attention of the younger owners of horses. None but the
poor animal, and its shrewd rider knew that a dried chestnut burr under
the crupper was the main cause of its frilliness, and if a "swap" were
made and the dried chestnut burr were shed, the animal's sudden loss of
friskiness, and an inspection of his mouth, would disclose the fact that
he had "cat leis eye teeth" many moons antedating the birth of his new
owner. The loser in a horse swap at one court was a winner at the next
court, else he had made such a "bad swap" that it "broke him up." Every
young horse owner, at some time or another, is desirous to make a swap.
The earlier in life he makes the swap and "gets stuck good" the more he
may profit in after years by this experience. The "Court House Bounds" on
a court day, is a good place for the young swapper to begin, for there he
is sure to meet with friends who will do for him that which his newly
swapped horse may refuse to do-carry him home.
It is said there are tricks in all trades, and a few in horse swapping.
Here are some of the tricks of unscrupulous traders. To make a true
pulling horse balk, mix corrosive sublimate and tincture of cantharides
and apply it to his shoulders. To make a sound horse appear lame, a single
hair is taken from his tail and run through the eye of a needle; the front
leg is lifted, the skin pressed between the middle and outer tendon, and
the needle shoved through. The horse will go lame in twenty minutes. To
make a horse stand by his food and not eat it, grease his front teeth with
tallow, and he will not eat until it is washed out. A fine wire fastened
tight around the fetlock between the foot and heel will make a horse
appear as if badly foundered. When a horse goes dead lame in one shoulder,
it is disguised by creating a similar lameness in the corresponding leg by
taking off the shoe and inserting a bean between it and the foot. Black
spots are put on a horse by applying a mixture of lime and litharge. To
put a star on a horse, a piece of cotton cloth the size of the star
desired, is spread on the part and warm pitch applied. After two days it
is washed until the hair grows out white.
Court day was a holiday for many of the negroes, especially for those
living nearby the Court House village. The young negroes had no serious
cares for the future, and therefore enjoyed themselves in wrestling, and
kicking bouts, and in dancing "Juba patted tunes," and keeping step to the
lively "hoe down" tunes played upon a jewsharp.
The elderly and thrifty negroes-some of whom their masters permitted to
"fish for themselves" brought fresh fish, oysters, and chicken to supply
the hungry crowds. Their wives did the cooking in the open Court House
green, upon a fire of dry "light wood knots" and faggots which they
carried in ox carts from their homes for the occasion. Every Court was
attended by several "black mammies," who came in "steer kyarts," loaded up
with fish "jes' fum de watah dia mawnin'."
Oysters fresh from their watery beds: "I 'clay sub, dey didn't hav' time
to dry darselves 'fore I fotch 'em yere." They had young tender chickens
"dress'd by can'el light dia mawnin', so nice dar mammys wouldn't know 'em
suh."
"Cose I fix yo' one!" "Honey, yo' sot yo'se'f down on dat bog dar, an' yo'
won't stahve to death waitin' wile I'se fryin' dis yere one fo' yo'. Does
yo' laik ash cake or co'n pope wid yo' chicken? We mos' in gin'ral eats
ash cake wid our fried chicken, an' an' co'n pope wid our b'iled wittlea.
Yas suh ! Dats de way of Missus she fotch us up suh."
"It's heap o' wuck to raise chickens; dey needs lots of nussin' 'fore
dey's able to care fo' deirselves. Dey has a sight o' pips, an' gapes, an'
wums a troublin' 'em. We mos' in gin'ral makes 'em swaller dar pips, an'
den dey won't hev' gapes so bad. An' yo' got to watch out fo' dem prowlin'
ornary chicken hawks Vat flies 'bout in de yair, an' pounces down 'pon de
little ones 'fore yo' 'spects dey's any whar's 'bout yo' place. W'en dey
grabs a chicken, 'taint no use fo' de of hen to make a racket, kase dat
chicken's sho' gone fum 'bout yere.
"My of man Isaac he fixes contraptions to skeer de hawks, but, Honey, dey
aint no good, dem hawks cum an' sot down an' res' darselves right dar on
top o' Isaac's fixins laik it war made fo' dem to res' on. Ef Isaac evah
seed one o' dem hawks a settin' dar, I 'spect he'd cuss ef he warn't a
church member, kase he's mighty easy upsot."
The rumor that the dry goods box, which an obliging storekeeper loaned for
the occasion as a "dining table," was covered with "Aunt Tilda's" clean,
bed sheet, in lieu of a table cloth, did not appear to diminish her trade.
The food and cooking of these "black mammies" was excellent. They were
patronized by white and colored.
Crime and commerce are the principal subjects which bring business to all
courts. Owing to the general orderly condition of its people, the courts
have few cases of crime upon their dockets, and seldom are these of a
seriously vicious character.
During the first few years after the Civil War, there was some petty
pilfering by a few of the negroes. They would take a few fowls, or a "turn
of fodder" or corn, or some trifling amount of food to tide them over some
"resting spell," during the period they were determining whether freedom
meant all play or some labor. The white people who suffered from these
annoyances were generally lenient when the culprit was detected and often
would go bail for the release and future good behavior of the prisoner.
Some of the magistrates' trials of these offences were amusing instances
of the simplicity of Tidewater Virginia justice, and of the forbearing
nature of the whites toward the colored kindly, during these years.
A certain negro named "Major"-no one ever knew him by any other name-was
haled before a magistrate for stealing a turkey, and when confronted with
the evidence of his guilt, the magistrate said: "Well boy, (forty years
old,) what have you to say about this?" to which Major replied:
"Jedge, it happen'd dis yere way. I was tukken down wid a misery in ma
side, an' I want able to go to cuttin' no co'd wood laik I'd bin a doin',
an' jus as I wuz a gwine to de sto' to ax Mistuh B_____ to lemme hav' a
few poun's o' bacon 'twill I gits rid o' de misery in ma side, an' den as
I cu ms pas' Mistah C -'s cuppen fence dar sot dis yere young turkey right
dar, suh, and I sez to mase'f, ef de Lawd me I shore gwine cut Mistah C
_____ a co'd an' a ha'f uv good wood fo' dis yore tukkey. Dat's jes' wat I
say, I aint tellin' yo' no lie, suh. I suttinly will wo'k out dat tukkey,
shore's I live. W'en I tuk dat tukkey I didn't hav' grease enuff in ma
cabin to grease a spider. I don et it all up 'fore I seed dat tukkey.
Dat's how cum I taik dat tukkey. I clar 'fore de Lawd dis is de fust time
I evah was kotched takin' tukkey in ma life."
Major's bail for future apearance at court when called and for his future
good behavior, was fixed at a small sum, and an old ex-Confederate soldier-
who knew that turkeys roosting on a nearby fence are great temptations-
joined in the bond, and Major was again a free man and his future trial
was never fixed. He "fined" the church, and ever after was an orderly
citizen. In recognition of his future good behavior, the writer loaned him
a newly painted wheelbarrowto which he had taken a great fancy-to wheel
his child to "'traded meetin'," some four or five miles distant. Thus it
is that virtue receives its reward in Tidewater Virginia.
The judges of the courts are selected from amongst the members of the
local bar. They are usually natives of that section over which they have
jurisdiction, and are therefore well informed as to the character of its
people, and conversant with their daily modes of life. In the
administration of justice, information of such character is an aid to a
judge in tempering justice with mercy, especially if the Court has the
heart like unto a Tidewater Judge. All courts of law are hedged with
technicalities more or less, but the people of thin section, and the
courts are more anxious to reach the truth of a legal problem by a just
and righteous inquiry than through technicalities of law which may distort
and pervert the ends of justice.
There is a genteel, quiet dignity in the Virginia Judge, but it partakes
nothing of the overwise, and solemn countenance which so often betokens
the "man of law" in many other sections of the United States. "The judge"
is one of the people's choice, and respected accordingly. When not in his
court "he is one of the people." In addition to his court duties he is
frequently the owner of lands which claim his attention, and often his
personal aid in their cultivation.
The laws are administered in Virginia with the least degree of harshness,
and to all classes alike. No taint of dishonor has ever been justly made
against the judiciary of this section.
The Tidewater Virginia Judge of the rural districts, is well-known and
readily recognized by all persons, white and black, young and old, within
his circuit, and when passing along the public highways, he is constantly
being saluted by the passers-by as "Judge."
To one accustomed to such familiar and friendly recognition it is a shock
for him to reach a place where he is totally unknown and the oldtime
friendly recognition ceases.
One of those courtly Virginia judges, named [missing] from one of "The
Peninsula" counties, had occasion to visit New York City, and upon his
return to his native heath was asked how he liked the big city, to which
he replied New York City, suh! I was there nearly two days, suh, and not a
single person stopped to say "Howdy" to me, nor even recognized me. I want
nothing more to do with such an uncivil place, suh! I'm glad to be back
amongst people who have time and inclination to be decent."
The lawyers and doctors of Virginia, outside of the cities, are usually
land owners, and like the judges, they may be found with their hands to
the plow, or in directing their employees where to "run the furrow."
The country lawyer, and country doctor need to be generally well informed
in their respective professions. The "specials ties" of law, or of physic
in that section are not of sufficient magnitude as to induce one to
confine himself to "special practice." The rural life, therefore, forces
the practitioner to efforts which city life does not demand.
Country lawyers, and country doctors, unlike their city brothers, take
active parts in the social and industrial conditions which surround them,
and are, therefore, useful members in the life of their respective
communities for advice, counsel, and aid in matters of import outside of
their respective schools of thought.
The doctor seldom engages in political debate; he leaves that field open
to his more combative brother of the bar. The doctor will draw blood only
in the effort to save life. The lawyer will seek eye for eye, and tooth
for tooth when hip client is wrathy and demands the Levitical law.
The lawyers of America, especially those born and reared within the rural
sections, and in the smaller towns, and who might be classed as "country
lawyers," have taken prominent places in the councils of this nation from
its foundation to the present day. They were signers of the Declaration of
Independence, and many of them have filled the chair of the Chief
Executive of this nation.
Nearly every lawyer in Tidewater Virginia is a politician, at least to the
extent of speech making for their political party. They are the class of
men from amongst whom came Patrick Henry, Henry Clay, Henry A. Wise, and
other orators, and statesmen, as well as jurists of historic renown. The
lawyers frequent many county courts. They "ride the circuit" in search of
business, and it is of frequent occurrence that upon entering a distant
court house, they may be engaged to take charge of a case in court without
a moment's preparation, other than a hurried consultation, but their wide
and extensive acquaintance with the people of all classes resident within
their practice, together with their general knowledge of law, are their
aids in such emergencies. They are usually good judges of human nature,
and can lay bare its frailties and weaknesses in open court with eloquent
tongue. As a rule they reside at the court houses.
The lawyer of early years of the colony was paid his fees in tobacco, and
when he got a case in court, he probably tried to "make things smoke."
If the court session was prolonged until late in the evening, the members
of the court and bar spent the night at the village tavern.
Before the introduction of stoves-they were not in general use in the
rural sections until several years after the Civil War-the big fire place
of the tavern, which emitted bright and cheerful glows, was the scene of
much comfort and enjoyment during the winter court nights. Then it was
that the judge, the lawyers, the summoned jurymen, and officers of the
court, and persons whose business detained them over night, assembled
around the capacious hearth and engaged in friendly discussions, and
relations of witty and humorous stories. Every Virginian is fond of a
story, provided it is devoid of gross vulgarity. The lawyers are usually
good story tellers, and it is said the judges of Virginia are able to hold
their end up when occasion arises. It was rumored that the late hours of
the nights spent at the tavern were often enlivened by "a gentleman's
game" of draw-poker-played for sport and not for gain.
It is said there is a chapel in Rome dedicated to one Saint Evona, a
lawyer. He came to Rome to entreat the Pope to give the lawyers of
Brittany a patron. The Pope replied that, he knew of no saint but what was
disposed of to other professions, and he had none to spare for the
lawyers, at which Evona was very sad, and begged so earnestly that at last
the Pope proposed to him that he should go around the church blindfolded,
and after he had said so many prayers, that the first saint in the group
which he might lay hold of while blindfolded, should be the patron of
lawyers. The good old lawyer started in his round, and at the end of his
prayers he stopped at an altar, reached out his hand and laid hold of the
image of the devil which lay at the feet of St. Michael, and cried out in
his blindness "This is our Saint; let him be the patron of my profession-
the law." Upon the removal of his blindfold, and observing what a patron
he had chosen, he was shocked to death, and coming to Heaven's gate, he
knocked hard, whereupon St. Peter asked "who it was that knocked so
loudly;" he replied that it was "Evona the advocate." "Away, away," said
St. Peter, "there is but one advocate in Heaven; there is no room for you
lawyers." "O! but," said Evona, "I am that honest lawyer who never tools
fees on both sides, or ever pleaded in a bad cause, nor did I ever set my
neighbor by the ears, or lived by the sins of the people." "Well then,"
said St. Peter, "come in," and thereupon St. Peter sent an angel to the
earth to inscribe upon the tombstone of St. Evona:
"God works wonders now and then,
Here lies a lawyer, an honest man."
It is agreed that this epitaph is suited to Virginia lawyers. In 1643, the
first act was passed for regulating lawyers. No attorney was permitted to
plead without a license, which was granted by the court in which he
practiced. Their fees were twenty pounds of tobacco in the county courts,
and fifty pounds in the (quarter Courts, and no attorney could refuse to
be retained unless employed on the other side.
In 1647, that act was amended by adding a clause to it declaring that no
attorneys should take any fees, and if the Court should perceive that
either party, by their weakness, was likely to lose his case, they
themselves should either open the case "or appoint some fit man out of the
people to plead the cause, and allow him a reasonable compensation." No
other attorneys were admitted. This act was repealed in 1656.
Act of 1680 declared that "no licensed attorney should demand or receive
for bringing any cause to judgment in the general court, more than 500
lbs. of tobacco and cask; and in the County Court, 150 lbs. of tobacco and
cask; which fees are allowed him without any pre-agreement." "If any
attorney shall refuse to plead any cause in the respective courts
aforesaid, for the aforesaid fees, he shall forfeit as much as his fees
should have been."
The attorneys of those days could hardly "pocket their fees;" they had to
"bag them."
In many of the counties are preserved curious wills and orders of Court.
The following copy of a will for probate in York County, Virginia, in
1637, is interesting:
"At a court holden att ye house of Mr. Richard Townsend Ye 25th day of May
1637. Present Capt. Christopher Wormsley, Capt. Robt. Fellgate, Mr. John
Chew, Mr. Richard Townshend, Mr. John Cheeseman, Mr. Will Pryor, Mr. Hugh
Owen.
In the name of God Amen. This will and Testament being the last Will and
Testament of Andrew Whorvell, made the tenth of March 1631, being in his
perfect senses as ever he was in his life time. Witnesseth That I make
Christopher Stokes my lawful overseer to see that the tendure of this my
will be performed as followeth
First. I bequeath my soul to Almighty God, my maker, and my body to be
buryed in the Ground and for my worldly Wealth that itt hath pleased God
to endow me with as followeth
--Item. I give unto my brother Nathaniell Clarke one sow pig the whitch my
father doth owe me and one Barrel of Corn when he is one and twenty years
of age and two hens presently.
Item. I give unto my Sister Bettie Clarke three barrels of Indian corne
and one pullett and one sow.
Item. I give unto my father Joseph Jolly one sow pigg, and one barrow pigg.
Item. I give unto my mother Margaret Jolly one barrow pigg.
Item. The three barrels of Corne that I give unto my Sister Bettie Clarke
is to be put to use till that she cometh to age and the sow that I give
her they that keep her till that she cometh to age are to have of the
increase all the bore piggs and the sow piggs to be putt to the best use
till that she cometh of age. Witness my hand this day and year first above
written.
Andrew Whorvell, his X mark."
Will of Richard Coles of Westmoreland, proved in 1674.
Item. It is my will and desire that my body be interred upon Poynt
Pleasant, upon my plantation, in a neat coffin of black walnut, if
conveniently be had, and that a grave stone of black marble be with all
convenient speed sent for out of England, with my Coat of Arms engraven in
brass, and under it this epitaph:
Here lies Dick Cole, a grevious sinner,
That died a little before dinner,
Yet hopes in Heaven to find a place
To satiate his soul with Grace.
Item. I will that my grave stone be raised with Dutch brickes above three
foot from the ground, and my grave be paled in with posts and rails of
locust, and white oke boards of a double substance, and under them locust
sills, and if my wife think it expedient to sell ye land that the vendee
or vendees be obliged forever to keep my grave in repair."
The following order, celebrating the birth of a Prince of Wales, in Old
Rappahannock County, now Essex and Richmond counties, is interesting:
"At a court held for Rappahannock County the 2d day of Jany Anno Dom, 1688.
Present-Col. Jno. Stone, Capt. Geo. Taylor, Capt. Saml. Blumfield, Mr.
Jno. Rice, Justices.
It having pleased Almighty God to bless his Royal Majesty with the birth
of a son and his subjects with a Prince of Wales, and for as much as his
Excellency hath sett apart the 16th day of this inst. Jany, for
solemnizing the same; To this end, therefore, that it may be done with all
expression of Joy this county is capable of, This Court have ordered that
Capt. George Taylor do provide and bring to the North Side Court House for
this County (now Richmond) as much Rum and other strong liquor, with Sugar
proportionable, as shall amount to six thousand five hundred pounds of
Tobacco, to be distributed amongst the Troops of horse, company of foot
and other persons that shall be present at the solemnitie, and that said
sum be allowed him at the next laying of the levy; as also, that Cap.
Saml. Blumfield provide and bring to the South Side Court House for this
County, (now Essex) as much Rum or other strong Liquor, with sugar
proportionable, as shall amount to 3500 lbs. of Tobacco, to be distributed
as above, at the South Side Court House and the said sum to be allowed him
at the next laying of the levy."
Note also the following:
"A court at James citty the 17 Sept. 1627 present Sir George Yeardley,
Knt, Governor, Dr. Pott, Capt. Smyth and Mr. Secretary, Divers
examinations being taken and had concerning the unquiett life wch ye
people of Archers Hope lead through the scoldinges raleings and failings
out vath Amy the wife of Christopher Hall and other abominable contentions
happening between them to the dishonour of God and the breach of the Kings
peace, the Court hath thereupon ordered that the said Amy shall be toughed
(towed) round about the "Margarett and John" and ducked three times."
The "Margaret and John" was a vessel anchored near Archers Hope, the place
where the colony would have first settled upon but for the shallow waters
near the shore.
Some of the laws of the early days are also interesting:
"The court in every county shall cause to be set up near the Court house,
a pillory, a pair of stocks, a whipping post, and a ducking stool, in such
place as they shall think convenient.". . . . Laws of 1662.
"In actions of slander occasioned by a man's wife, after judgment passed
for damages the woman shall be punished by ducking, and if the slander be
such as the damages shall be adjudged above 500 pounds of tobacco, then
the woman shall have ducking for every 500 pounds of tobacco adjudged
against her husband; if he refuse to pay the tobacco." Laws of 1662.
Lord Culpeper, writing in 1683 said the Secretary (of State) was a patent
officer, from the first seating of the country, the very next in dignity
to the Governor, or Commander-in-Chief. He had the right to appoint all
County Clerks. He was keeper of the colonial seal and exofficio clerk of
the Council and General Court, though the duties of these offices were
actually performed by the titular clerks of the respective bodies. The
clerks of the courts in Tidewater Virginia are among the most competent
and obliging of its officials, and mainly for these reasons are the less
affected-of the county officers-by the political changes which occur at
the regular elections. Many of them went into these offices as deputies to
their fathers in their first years of manhood, and were continued there as
long as they lived.
"Well done thou good and faithful servant" can truthfully be inscribed
upon the tombs of the clerks of courts in Virginia.
The old time court house buildings which were usually but one story in
height are being supplanted either by entirely new structures, or by
additions to them of modern improvements and shapes, which in many cases
have obliterated all semblance of their original style of architecture.
The court rooms of the old time buildings were upon the first floor, large
and airy in summer, and cold and draughty in winter. In the improved
buildings,. the court rooms are generally situated upon the upper floors,
which are well lighted and heated, and comfortable during all seasons. The
walls of some of the court rooms are decorated with tablets of stone and
portraits, containing the names and services of local officials; they also
contain the portraits of many distinguished men of both state and national
fame, who were born within these several counties, or who made their homes
therein during a period of their lives.
The judicial circuit presided over by Hon. Judge T. R. B. Wright, which
comprises the counties of Lancaster, Northumberland, Richmond, and
Westmoreland, in the "Northern Neck" peninsula, and the county of Essex,
in the "Middlesex" peninsula, contains the largest collection of tablets
and portraits perhaps, of any circuit in the State. The collections within
this circuit include Presidents of the United States, Cabinet officers of
the Chief Executive, Judges, Jurists, and Statesmen of renown. There are
also portraits of distinguished soldiers of every war in which the nation
has been a participant, from the Revolutionary to the Civil War.
Among the more prominent portraits are those of George Washington, and
Robert E. Lee, upon the walls of Westmoreland Court House.
Roger Jones, Adjutant General of the United States Army, and Edwin Bates,
Attorney General in President Lincoln's Cabinet, are found upon the walls
of Northumberland Court House.
Upon the walls of Essex Court House are many tablets of stone containing
the names of soldiers of the Confederacy, among whom are several of
Pickett's famous Division. Among the portraits is that of Hon. R. M. T.
Hunter, a distinguished member of the United States House of
Representatives for many years, and a member of the United States Senate
from his native State (Virginia) when the Civil War began. Whilst a member
of Congress, he originated the bonded warehouse system, under which
imported goods were permitted to remain in Government warehouses until the
owners desired to put them upon the market, paying the duties at the time
of withdrawal. He was a prominent candidate for the Presidency in 1860.
When Virginia seceded, he resigned his seat in the Senate and was
afterwards Secretary of State of the Confederacy in President Davis'
Cabinet. He was one of the three Confederate Commissioners appointed by
President Davis to treat for peace with President Lincoln and Secretary
Seward at the Fortress Monroe Convention. In 1874 he was elected Treasurer
of Virginia. He died in Essex County, July 18, 1887.
CHAPTER XVIII. COUNTRY ROADS IN TIDEWATER VIRGINIA
When the colonists reached Virginia there were no roads, public or
private, laid out upon this continent. There was no necessity for such
openings through the lands and forests of America as are now known as
public roads or highways. The Indians trafficked only in such articles as
they could shoulder. They did not know the use of metals and therefore had
no weighty material to transport such as at the present day, and if
necessity arose for roadways they had no implements with which to
construct them. They were content to march in single file when journeying.
They had no draft animals, nor vehicles for carriage or transportation
other than boats, many of which were constructed of material so light in
weight as to admit of their portage from stream to stream upon the
shoulders of men.
When the colonists extended their settlements into the interiors of the
peninsulas, away from the navigable streams, and when public places were
established, such as churches, court houses, and grist mills, there arose
a necessity for roads, but such roads as were constructed in the early
years of the settlement, though their construction was forced by acts of
assembly, were, nevertheless, nothing more than bridle paths.
Act. L, 1632 provided: "Highwayes shall be layd out in such convenient
places as are requisite accordinge as the Governor and Council, or the
Commissioners for the monthlie cons shall appoynt, or according as the
parishioners of every parish shall agree."
Act IX, 1657 provided for surveyors of "High Waise." "That surveyors of
highwaise and maintenance for bridges be yearly kept and appointed in each
Countie Court respectively, and that all generall wages from county to
county and all churchwaies to be laid out and cleered yeerly as each
county court shall think fit, needful and convenient; respect being had to
the course in England to that end."
In 1661 Act LXXXIX provided for the yearly appointment of surveyors of the
highways by the justices of the peace to "lay out the most convenient
wages to the church, to the court, and make the said wages 40 foote broad,
and make bridges where there is occasion."
The surveyors were also directed to keep the "wages" clear from fallen
logs, and the bridges in good repair. They were empowered "to order the
parishioners everyone according to the number of tithables he bath in his
family, to send upon the dayes by the surveyors appointed to help them in
cleering the wages and making and repairing the bridges according to the
intent and purpose of this act" There were penalties attached payable in
tobacco for neglect to perform these duties.
Building roadways through the primeval forests, and over low bottom lands,
and marshy grounds, and bridging numerous streams, was a mighty laborious
undertaking at the early period of Virginia's settlement, especially if
this task were to be done by the single individual and not by the
collective community.
As a matter of fact, each seating place of a planter when first settled
upon was devoid of any passageway or roadway to or from his home in the
primeval wilderness connecting him with the outside world, and because of
the gigantic task of road building many of the settlers postponed this
work, thus placing their homes remote from all intercourse with the public
highways and beyond the reach of their fellow man. So common was this
condition that the general assembly deemed it necessary to enact laws
compelling the opening of roads to "houses and plantations." Such was Act
V, 1667, "For Roades to Houses." "Whereas the despatch of business in this
countrey is much obstructed for want of bridlewayes to the several houses
and plantations: It is enacted by this grand assembly and the authority
thereof, that every person haveing a plantation shall, at the most plaine
and convenient path that leads to his house make a gate in his ffence for
the convenience of passage of man and horse to his house about their
occasions at the discretion of the owners."
In 1705, there was passed an act for constructing roads "to and from city
of Williamsburg, the court house of every county, the parish churches, and
such public mills and ferries as now are, or hereafter shall be erected,
and from one county to another county, at least 30 ft. wide." All male
tithables when called upon by the surveyor were to assist in the work. The
condition of the public roads of Tidewater Virginia were never a source of
very grave anxiety to its people until very recent years. So long as there
was a hard spot in the road to straddle upon, or a rut so shallow that its
bottom was within reach of the cart-hub, the repairing of the road was
postponed.
This condition was owing mainly to the fact that the largest shipment of
agricultural products, were usually from the wealthier planters located
convenient to some stream where a vessel or lighter could be reached by a
short haul. Many planters had vessel landings upon their own lands. The
farmers located at the greater distance from rivers or creeks, were
generally the less wealthy class. Their main products for shipment were
such as "could walk off" horses, mules, cows, calves, yearlings, steers,
hogs and sheep. What corn or wheat they raised was consumed at home, or
trafficked with neighbors who were engaged in occupations other than
tilling the soil.
Including the high and dry and level areas, there are hundreds of miles of
the roads throughout that whole section which need no work upon them other
than to trim out the intruding bushes, which, if left to thrive, would
eventually narrow the roadway beyond usage. The hills and the soft bottom
places in the "low grounds" have ever been a source of much labor to keep
in good order.
The public highways of Virginia were formerly worked by the inhabitants
living within the several road precincts, who were "called upon the road"
by the overseer of the roads, an elective officer who was empowered by law
to summon the residents of his district to work the roads a certain number
of days during each twelve months. Those who failed to put in an
appearance when called, either sent a substitute or paid a certain sum of
money to the road-fund. This mode of repairing roads was unsatisfactory,
and they are now worked by contract and paid for by a road-tag fund.
Owing to the fact that many of the road-beds are composed of sand or clay,
with few or no stones or gravel, the heavy rains rapidly form deep gulleys
on the sand hills, or quagmires on the clay hill roads.
There are hundreds of thousands of acres of Tidewater Virginia lands that
do not contain a stone large enough to "chunk a squirrel."
Clay hills and boggy bottoms are usually corduroyed for want of better
material. A corduroy road is made by laying a bed of poles across it, side
by side, and covering them slightly with soil. In the event of rains
washing the soil from the poles, the vehicle traveling over such road is
jostled, bumped, and jerked across a small pole, and against a larger one
alternately, with an up and down and sidewise motion, like a small boat in
a "choppy sea." A fractious horse driven on a dark night down a steep
corduroy hill road, after a heavy rain storm, is apt to alarm the driver
lest he be thrown upon his head; it will at least force him to make
uncomplimentary remarks about the road overseer.
There are many small streams "Runs" crossing the roads, which are not
bridged. During very heavy rains, these streams widen out suddenly, and
cover the road bed, and the surrounding lowlands, with a wave of w water
which greatly confuses the stranger on a dark night, and I. ay put him in
a plight of "landing up the creek" in some boggy, oozy bottom to sink
beyond the sound of Gabriel's horn. Even though it be a dark night, an
experienced traveler will discover by the movements of his horse's feet
when the animal leaves "hard bottom," and by a speedy pull of the proper
rein, may save himself from a muddy grave.
Some of the "Runs" between low banks are narrow, and during heavy rains,
wash out "chuck holes" across the roads, which are at least alarming to
the stranger traveler in a dense piney woods road when the stars are
hidden by lowering clouds. Meeting one of such places, his horse and
vehicle, without warning, suddenly plunges through the darkness with an
abrupt jolt into the water almost oat of sight-he imagines. At this stage
of Isis journey, the traveler is undetermined whether he kept the
"straight road," as directed-notwithstanding its many twists and turns-or
whether he is on his way across some deep mill pond, or navigable stream
whose pitying waters may wash his remains to its distant shores, to form a
fit subject for the "coroner to sit on," and determine whether the
"stranger committed suicide," or was waylaid and dropped in the stream.
Before he has located himself, or determined in his mind as to where his
remains may be found, his horse gives a snort and a bound, and carries
vehicle and traveler on dry ground. Just then he forgets his former peril
in giving vent to his former nervousness by saying something about the
people in that neighborhood being "too lazy to mend the roads."
It is frequently found that a darn across a mill pond is used as a public
road. Many such dams are winding, and thus obstruct the view of the road
from end to end, and such road beds are often too narrow to admit of
vehicles passing each other upon the dam.
Before the Civil War, very many persons, male and female, rode horseback,
and thus could shun the worst parts of the road. The more wealthy rode in
their family coach; the doctors and lawyers used gigs, a two wheeled
vehicle now entirely out of usage.
A clipping from "The Free Lance," a newspaper published in the city of
Fredericksburg, Virginia, shows the condition of some of the public roads
at the present day.
"DUNNSVILLE, ESSEX COUNTY, Oct. 23, 1906.
The roads are continued mud holes, and the creeks swollen above the
bridges over them. The water was nearly knee deep on Ware's creek bridge
Saturday, and the cause-way leading to it almost past fording. Trible
swamp, on the road from Dunnsville to Cox's store, is a menace to life and
limb, and should be bridged at once. Mr. E. M. W., Jr., reports that the
water was up to his buggy body even before the last heavy rain. With such
conditions before us at this season, what may we expect the roads to be by
Christmas, and for patience sake, what in February? The mail driver from
Tappahannock to Walkerton had to swim his horse today, and the same may be
said of the driver from Dunnsville to Daisy."
Deep sandy roads during a dry spell are as tedious and tiresome to travel
through as would be a deep bed of snow. Roads of this character are
sometimes corduroyed.
The roads containing the deepest sand beds are more frequently found in
the interior of the peninsulas, remote from the navigable streams. There
is one such noted place in Caroline County, humorously nicknamed "Sandy
Lane." A traveler passing through that section asked an old negro resident
whom be met on a hot summer's day, laboriously plodding through its deep,
dry sands: "How come so much sand here, Uncle?"
"Well, Boss," said he, "I've hearn it happen'd dis yore way: On de
Saturd'y evenin' w'en de worl' wuz mos' finish'd dar wuz a right smaht
heap o' san' lef' ovah dat want no use, an' de Lawd He say to Rime% 'I
mus' fin' a place fur d is yore heap o' San'; an' w'en He look down 'pon
de yearth, lie spied a right smaht big hole right yere. (fell, sub, dey
say de Lawd sot up all dat Saturd'y night shuv'lin' san' right yore in
Sandy Lane, an' w'en Sund'y mornin' cum, Ile wuz tired an' He say to
Hisse'f' I mus' take a res' dis day shore.' I tells yo' Boss, ef it hadn't
bin Toy Sandy Lane in of Kal-line County, de wite folks would a wucked us
poh Di09g seben days in ev'ry week, an' dar wouldn't bin no Sund'y but Toy
Sandy Lane. Dat's how cum Sund'y 'pinted de day to res' yo'se'f. Thank de
Lawd To' Sandy Lane."
Where the public roads lead across rivers and deep creeks, they are
crossed in many places by means of "flat boats," which are propelled by a
rope stretched across the stream from bank to bank, and fastened to stakes
or logs embedded in the earth. The flat boats have two parallel upright
standards at either end, and some of them a wheel or block between the
standards upon which the rope "travels" as the boat is pulled from shore
to shore.
To permit a ready entrance of vehicles and animals into the boat, it is
provided with an "apron" at either end. The aprons are hinged platforms
attached to the ends of the boat, and projecting outward from the ends
several feet. When the boat reaches the shore, the outer side of the apron
is lowered until it reaches the earth, thus affording a gradually
inclining passage to and from the boat. While crossing the stream, the
aprons, are held up above the water by means of "sweep poles" run through
rings upon each of the outer sides of the aprons, and through other rings
upon the floor of the boat. The aprons are swung, as it were, upon the
ends of the sweep.
On the country roads of Tidewater Virginia, no one passes another without
some show of courtesy, or familiar recognition. Acquaintances exchange
greetings by inquiry about each other's health, and that of their
families, and engage in discussing the latest important or interesting
event relative to their section, state or nation. This takes time, but
every Tidewater Virginian has time always for courtesies. The negroes,
during slavery, when meeting the whites raised their hats, bowed and
politely replied "Sarvint, suh."
It was ill bred manners to overtake and drive past another vehicle
containing ladies or gentlemen without making some apology. There is good
reason for this courtesy, especially during dry weather, because the roads
during that period are stifling with fine dust which is readily started
into motion from a passing vehicle.
The customary rule of the road is to pass to the right. This rule is
observed wherever practical.
There are hundreds of miles of the public highways too narrow to admit two
vehicles going in opposite directions, to pass each other in the beaten
path of travel. If two such vehicles meet on a level spot "it is easy," as
one or the other can "take to the woods," or bushes; if they meet upon a
narrow hill road between steep banks, then "comes the tug of war."
Virginians never took time to form proper width roadbeds over the hills,
where most needed. In many places where the hills are crossed, the road
beds are but wide enough between steep banks for one vehicle to pass. When
two vehicles meet upon such a place, the one going down the hill has the
right of way by custom. The one coming up the hill must back down to where
the road is sufficiently wide to permit of passing. Such contingencies are
the only instances in which a Tidewater Virginia gentleman will consent to
back down.
There are not many country road; in Virginia which have continuous miles
of "straight travel;" many of them are as crooked as the streams to which
they lead.
The numerous rivers, creeks and other inland streams found there, together
with the hills, which are always ascended by the roundabout, and not the
straightest grade, make it difficult, if not impassible to construct
straight roads.
Neither are the public highways always indicated to the traveler by the
show of "well worn roads:" There are many localities where the main
highways indicate signs of less usage than do the private roads to some
saw mill, or "timber Betters" or cord wood choppers' camps. Where the
public and private roads of this character join, it is a puzzle to
determine one from the other, as there are so many instances in which the
public roads are substituted by short cuts through the woods to avoid bad
places where the public highways form "forked," or "cross roads," they
crook and bend into one another with such suddenness and mystification
that the traveler is at a loss to determine whether he is coming from, or
returning to his first starting point by some more direct route-he almost
meets himself coming back. There are sign board posts at nearly all
forked, or cross roads, and but few of them have sign boards, and these
few are pointed either upward or downward-suggestive only of the direction
in which the righteous and the unrighteous mast eventually go. In such
contingencies, the traveler should retrace his steps to the nearest
dwelling house, even though it be a mile or two, where he is sure to find
the people, -white and colored, very courteous and obliging when directing
a traveler, but he will most likely be told to "keep the straight road,"
regardless of his destination.
In some of the counties bordering on the Chesapeake Bay, nearly every
other man resident, whether he be the owner of a "dugout" a canoe dug cut
of a single log-or the master of a coasting schooner, has the title of
"Captain." There are other less numerous titles, such as Major and
Colonel. Some of these latter titles were deservedly won in the Civil War,
and others are reminders of the patrols and militia of days "Befo' de
Wah." Those with titles are best known by their abbreviated Christian
name, and are thus spoken of and addressed by even their most intimate
friends. Captain Patrick Henry Clay is known and addressed only as Captain
Pat Clay.
A stranger to these customs, asked an old time negro where Mister Patrick
Henry Clay lived:
"Deed I dunno Boss! No sich gentleman named dat livin' bout yere as I
knows of. Is he a white gentleman or a colored gentleman?"
Upon being asked if there were any persons named Clay living in that
neighborhood, he replied:
"Plenty uv 'em, suh! Plenty uv 'em. Captain Pat Clay lives across de crick
yonda. Ef I had ma dugout I'd take yo' dar 'dreckly, but ef yo' has to go
roun' de head uv de crick, I dunno w'en yo' gits dar, lease it's right
smaht ways, an' de wust road in de county." "Well, I tells yo' how yo'
gits dar. Keep de straight road 'twell yo' comes to a "new cut" road.
Do'an yo' turn in dar, lease dat aint de road yo' takes. W'en yo' gits
right smaht ways fum dat place whar yo' sees de new cut road, yo' keeps de
straight road pas' Captain Jim Lanes "wintah cuppen" (cowpen); it's right
in de pines whar he shelter his cattle in the wintah time. Den yo' turn
dar an' keep de straight road 'twell yo' gits to a pole gate made outen
pine saplin's. Do'an yo' go in dar, lease dat whar Captain Tom Jinkins
live. Den yo' keep de straight road 'twell yo' comes to a big sycamore,
right smaht size, an' straight down de road fum dar is a right smaht skirt
o' pines, some on 'em right smaht size an' yuther ones jes' young
saplin's, kase dar whar de saw mill war las' year, an' dey cut all de bes'
timber outen dar 'fore dey move de mill. Dey suttinly mus' use a heap o'
timber in town, kase dat mill wuz a sawin' mos' night an' day, an' dey
sent ev'ry blessed stick o' dat timber to town, an' dey axed fo' mor'."
"W'en yo' gits outen dat clearin' whar de saw mill war, yo' comes in sight
o' Captain Ned Daingerfields house, right down on the crick she'. Den de
nex' house yo' sees straight down de crick she,' yo' knows it's Captain
Pat Clays. I 'spect he's de gentleman yo' is lookin' fo'. W'en yo' gits to
his gate. you'd bettah holler, kase he keeps a passul uv de wust houn'
dogs yo' evah seed, an' dey aint got no use fo' a niggah laik me."
Many of the roadsides of the cultivated lands present the appearance of
hedges, as the fences are hidden from view by pretty cedar trees, and
chinquopin, sassafras, holly, dogwood, and sumac bushes, intermingled with
wild grape, Virginia creeper, honeysuckle, and trumpet vines. The seeds of
these trees, bushes, and vines are carried to the fences by the birds
which alight upon the rails with the seeds in their beaks, and there drop
them. Many of the division fences between the fields, are also lined with
cedar trees, the seeds of which were also carried there by birds. As there
is "land a plenty," the fields are seldom cultivated close to the fences,
and these several growths are therefore left undisturbed to thrive. What
is known as the "worm fence" was most commonly in use. It was formed of
pine, oak, or chestnut split rails, or poles placed one upon another in
the form of an elongated, endless capital W. It is said a Virginia worm
fence might be made of rails "too crooked to lie still."
A claimant for trespass upon his fenced land was obliged to prove his
fence was "pig tight, steer high, eight rails and a rider."
Many of the counties now have what is known as a "no fence law," that is,
no one need fence against trespass of other persons' stock as liability
follows for trespass upon unfenced lands.
One can travel for continuous miles through sections of wooded lands, and
find the country roads lined upon both sides with young, and old timber,
and so dense may be the growth that only a vista of the Heavens may be
seen.
More than half the land surface of Tidewater Virginia is covered with
timber, the greater part of which is pine of every species, except white,
and Norway pine.
A dense pine forest is usually clear of other undergrowth, and therefore
presents much more the appearance of a city park than an uncultivated wild
woods. It is also one of the most quiet places upon earth, as the foliage
of the pine makes no rustling sound when agitated by light breezes. During
heavy wind storms, they emit a sound as if a broom were swept violently
through the air, a swishing sound.
The woods, with their sweet and healthful odors, and their restful
quietude, make the ideal home for small game. Along these forest roads may
be seen during the spring and fall months, thousands of redbreasted
robins, and the song of the wild mocking bird is often heard there to the
delight of his mate who is attending to her maternal duties on some
adjacent bush.
THE BUILDING OF THE NEST.
They'll come again to the apple tree,
Robin and all the rest,
When the orchard branches are fair to see
In the snow of the blossoms drest;
And the prettiest thing in the world will be
The building of the nest.
Weaving it well, so round and trim,
Hollowing it with care;
Nothing too far away for him,
Nothing for her too fair;
Hanging it safe on the topmost limb,
Their castle in the air.
Ah, mother bird, you'll have weary days
When the eggs are under your breast,
And shadows may darken the dancing rays
When the wee ones leave the nest;
But they'll find their wings in a glad amaze,
And God will see to the rest.
So come to the trees with all your train
When the apple blossoms grow;
Through the April shimmer of sun and rain,
Go flying to and fro,
And sing to our hearts as we watch again
Your fairy building grow."
Squirrels may cross the path of the traveler-tails up-in quest of the
acorn or chinquopin to lay up for "a cold day." The "Old Hare" the "Mollie-
Cotton-Tail" of the youngsters-may be seen "scampering her level best" in
an effort to keep her carcass from the jaws of a greedy old fox that
follows closely behind her.
A few years ago, in many of these counties, might be seen the daintily
limbed Virginia deer, leaping across the road to disappear in the thicket
beyond the sight of the baying hounds and the hunter who follows in hot
pursuit.
The wild turkey was often seen in the "old field clearings," scratching
for a living, accompanied in the spring time by her brood of young ones.
The deer have nearly all disappeared, but the wild turkey, in many places,
yet "roosts high."
During the early spring and late fall months, the "Cohonk," "Cohunk," of
the wild geese in their annual migration, from sundown to break of day,
were familiar sounds throughout that region of Virginia. Since the
introduction, and frequent trips of the local steamboats to many of these
streams, the wild goose and the wild duck seek the more quiet places.
From the earliest days of settlement of this nation, oxen were in demand
for slow, heavy draught work, either upon the public highways, or in the
woods and new ground clearings, where tree stumps and roots were numerous.
At such work, the patient, slow and steady tread of the ox made him the
favorite in comparison with the quick, nervous, and excitable horse.
The ox team needed no harness other than a yoke with a ring attached to
its center, and strengthened by an iron band, and two bows. Neither of
these required a very high degree of mechanical art to form.
The yoke was made of light, tough, close grained wood, usually swamp
maple. It was long enough to reach over and project beyond the necks of
both cattle. Where it rested upon the necks, it was rounded out to fit
each, and holes were bored to receive both ends of the bows, which were
made of young, straight grained hickory, or white oak rounded smoothly,
and bent U-shape to fit under the throats of the cattle, then up into the
holes in the yoke, fastened by a key in each, thereby securing the oxen
together.
When the ox was worked single, he was driven with bits in his mouth,
attached to a halter which passed over his head, and was guided by rope
lines. To each end of a single yoke were fastened rings which passed
through eye bolts to support the shafts of a vehicle, or to hitch traces
to while plowing, or at other work.
It was often the self-imposed and much enjoyed task of the youngsters-
white and colored-on a plantation to "break the yearlings to the yoke."
A team composed of a bull and a jackass, or a bull and a mule was
humorously dubbed "Virginia Rag Bag team." Such team was seldom seen
elsewhere than in the forest section, and was more frequently the property
of "free negroes."
The ox team is being rapidly relegated to the rear of the procession of
the present day progress, and soon will be ranked with the tallow candle
age curiosities of the grandfather's day. In pioneer days the ox team was
a highly prized necessity. They lightened the burdens of the American
pioneer in his long and tedious march "Westward Ho" from the Atlantic to
the Pacific in advance of the locomotive.
He was worked as long as he was able, and when no longer fit for burdens,
his flesh was meat for his matter's sustenance, and his hide consoled many
a weary foot. He has been in service from the earliest record of history.
His useful and patient service has earned for him a notice in the Proverbs
of Solomon: "Where no oxen are, the crib is clean; but much increase is by
the strength of the ox."
The Tidewater Virginia ox is not large, but "when pushed, will get a move
on him" that would leave the larger cattle of other sections far behind in
the race. Like all his species, he will move but slowly unless urged, but
"he gets there just the same."
On a hot summer's day may yet be seen on these country roads, the typical
ox team and negro driver of "Buck and Bright," hauling cord wood, railroad
ties, or going to, or returning from a grist mill with "a turn of meal."
There is an air of quiet and leisure suggested by the meeting of a yoke of
oxen in charge of an old Tidewater Virginia negro on a country road there,
which is not found elsewhere. The oxen more leisurely along with their
burden, chewing their quid with evident satisfaction, turning neither to
the right nor to the left, but "keep in the middle of the road," as they
were early taught.
The driver sits perched upon the load with whip in hand, and both eyes
closed to all the world and its cares-fast asleep. He puts his trust in
his well-trained cattle and the good Lord who watches "even to the fall of
a sparrow." If the road is wide enough, the Virginia gentleman traveler
"turns out" without a murmur of complaint, slumbers of the drowsy driver.
Ninety-nine out of every hundred ox teams in that section or without
disturbing the are named "Buck and Bright." Buck is the "nigh" ox, Bright
is the "off" ox.
As a steady, useful draught animal, the mule ranks with the ox, and is
preferred for work on the plantation. The mule learns his work more
quickly than does the horse, and is more patient and less timid.
He requires less grain food and less grooming than does a horse, and
thrives if permitted after his day's work to roll upon the ground and fill
his hide with sand, which he afterwards delights in shaking of by a romp
and a kick or two. A mule or an old time negro may look drowsy, but either
of them can fling their feet with astonishing rapidity. A mule will permit
his driver to take certain liberties with him which a stranger may take
only at great peril to his own safety:
"Stan' cl'ar o' dat Pete mule's hin' laigs 'less yo' wants yo' fune-ral
preached," is the frequent admonition of the negro mule driver to
intruding strangers who do not know "a mule's ways." The negro is usually
a patient and merciful driver.
The negro as a mule driver, has a cinch on the white man. A Tidewater
Virginia mule is like an inquisitive, healthy boy. He wants someone
talking to him all the while. If a mule balks, or shies, or travels too
sloww, the white man has neither time nor patience to talk to him in other
than sulphurous language, and frequently will resort to the whip, which
only adds to the stubbornness of the mule. The old time negro driver had
more time to spare, and consequently more patience with the halting or
fractious mule than the white man, and he talked to the mule in a peculiar
inflection of the voice calculated to shame the mule: "W'at's de matter
wid yo' muil? Look at him now; w'at I feed yo' fo', suh? I'se not gwine
stan' yere all day pesterin' wid yo'! Yo' yere me muil? Git up here muil
'fore I war dis yere switch outer yo' hide, suh!"
While this talk is going on, in a deliberate way, the mule is resting, and
when it ceases, off goes the mule, and the negro and the mule at once
forget the incident.
Life in Old Virginia - End of Chapters XV-XVIII
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