The Southern Literary Messenger, Volume I., 1834-35

Selections

From the Papers of the Virginia Historical and Philosophical Society.

We have been permitted to transfer to our pages the subjoined papers in possession of the Historical Society, which will doubtless afford much gratification to our readers. The first is an extract from a manuscript which was the property of the late venerable and learned Chancellor Wythe, and seems to have been copied by him, or for his use, from the "Breviate Book" of Sir John Randolph, who was attorney general of the Colony in 1734. This extract contains biographical sketches of John Holloway and William Hopkins, two prominent members of the bar at that early period. The orthography of the original has been preserved.

The second is an interesting record of the proceedings of a patriotic band in Norfolk Borough and County in the early part of the Revolutionary war, associated under the brief and imposing title of "Sons of Liberty." This document breathes a noble spirit of resistance to tyranny in our ancestors, which we may fondly hope their descendants will never cease to cherish and emulate. It was presented at the last meeting of the Society by Dr. Barraud, whose letter we also take pleasure in publishing.

The third paper, is an authentic narrative of an Indian attack upon Wheeling Fort in 1777, furnished by one of the survivors, who is now living in the county of Brooke. This document was communicated by William McCluney, Esq. of Wellsburg, and has once appeared in the "Brooke Republican." Mr. McCluney states, that Captain Samuel Mason, the commander of the fort, was afterwards the famous Mississippi robber.

Taken from Sir John Randolph's Breviate Book.

On the 14th of December, 1734, died suddenly of a fit, John Holloway, Esq., after having languished about ten months with a sort of epilepsie at certain times of the moon, which had much impaired his memory and understanding. He had practised in this court upwards of thirty years, with great reputation for diligence and learning; and was so much in the good opinion of the court, that I have, upon many occasions, known him prevail for his clients against reasons and arguments much stronger and better than his. His opinions were by most people looked upon as decisive, and were very frequently acquiesced in by both parties, those against whom he pronounced being discouraged from disputing against so great authority. He practised with much artifice and cunning, being thoroughly skilled in attorneyship; but when his causes came to a hearing, he reasoned little, was tedious in reading long reports of some cases, and little abridgments of others, out of which he would collect short aphorisms, and obiter sayings of judges, and rely upon them, without regarding the main point in question, and arbitrarily affirm or deny a matter of law, which had often too much weight, against the reason and difference of things. By this method, he gained many causes which always gave him great joy; but was as impatient if he lost one, as if it tended to a diminution of his credit. He was blameable for one singular practice, in drawing notes for special verdicts. He would state naked circumstances of facts only, and leave it to the court to collect the matter of fact out of them; so that, upon such verdicts, we have had many tedious debates about what the fact was: whereas, if that had been found positively as it should be, there would have been no need of a special verdict. But against this I could never prevail. His greatest excellence was his diligence and industry; but for learning I never thought he had any, nor could it be expected he should. He had served a clerkship; went a youth afterwards into the army in Ireland, in the beginning of King William's reign; after that betook himself to business, having got to be one of the attorneys of the Marshalsea court; but not being contented with his income from that, turned projector and ruined himself, which brought him first into Maryland, and afterwards hither. I remember one particular instance, which satisfied me his knowledge in the law was not very profound. An ejectment was brought, (whether I was at first concerned in it I forget,) and upon a special verdict the case was thus. A seized in fee by deed, gave the land in question to B his daughter, for life, and after her death, to her heirs forever. She sold it to the defendant, and after her death, the plaintiff, B's heir, claiming as a purchaser in remainder, brought this action to recover. When I saw this, I told the plaintiff, who was my client, I could not say one word for him, not knowing a more certain rule of law than this:—that where by will or conveyance, any estate of freehold is given to the ancestor, and by the same writing an estate is limited to his heirs, that makes a fee, [heirs] being there a word of limitation, and not of purchase. Yet the defendant, by this eminent lawyer's advice, gave up the land without argument, upon the plaintiff's allowing him to remain in possession some short time longer; when if the matter had been brought to a hearing I would not have said one word. However, his reputation was such, that he was universally courted, and most people thought themselves obliged to him, if he would engage their side upon any terms; and he really thought so himself. This gave him great opportunities of exacting excessive fees; which I have heard he always did, where the value of the thing in question would allow it: and covered great blemishes in one part of his private life, besides many imperfections of his mind, which any body might observe who knew any thing of him. He was of a haughty, insolent nature; passionate and peevish to the last degree. He had a stiffness in his carriage which was ridiculous, and often offensive; and was an utter stranger to hospitality. He was sincere in his friendship, where he professed any,—but not constant; apt to change upon small provocations, and to contract new friendship upon very slight grounds, in which he would be very warm and ready to do all good offices. One of his greatest defects was that he would always bring his opinion and friendship to agree. But what he wanted in virtue and learning to recommend him, was abundantly supplied by fortunate accidents. He was fourteen years speaker of the House of Burgesses, and eleven years public Treasurer. But in those he acted with little applause, and less abilities; though he was three times chosen, and once unanimously. His management of the treasury contributed to his ruin, and brought him to the grave with much disgrace. I was always his friend, and had a great deal of reason to believe him mine. Yet it was impossible to be blind to so many imperfections. He died, little lamented, in the sixty-ninth year of his age.

In a few daies afterwards, in London, died William Hopkins, Esq. who had practised in this court about eighteen years, and in that time, by hard study and observation, he made a surprising progress; became a very ingenious lawyer and a good pleader, though at his first coming he was raw and much despised. But he had a carelesness in his nature, which preserved him from being discouraged, and carried him on till he came to be admired. He had a good foundation in school learning; understood Latin and French well; had a strong memory, a good judgment, a quickness that was very visible, and a handsome person;—all mighty advantages. But his manner was awkward; his temper sour, if it was to be judged by the action of his muscles; and was given, too much given, to laugh at his own discourses.

When he had brought himself into good business, he almost totally neglected it; which I believe was owing to a desire of dipping into all kinds of knowledge, wherein he had a great deal of vanity, and prevented his digesting what he had so well as he would have done otherwise. He had many good qualities in his practice; was moderate in his fees; ingenious and honest; never disputed plain points, but was a candid, fair arguer. Yet he had a failing, which brought him to a quarrel with me. It was an odd sort of pride, that would not suffer him to keep an equilibrium in his own conceits. He could not see himself admired, without thinking it an injury to him to stand upon a level with any other; and therefore, though I was always his friend, had done him many kindnesses, and he himself thought himself obliged to me, he came into so ill a temper, as not to allow me either learning or honesty; which broke our acquaintance—and after that I thought I discovered some seeds of malice in him. He died in the flower of his age, and may be justly reckoned a loss to this poor country, which is not like to abound (at present at least) in great genius's.

Norfolk, January 16th, 1835.

SIR: I herewith transmit you (with a request that if you shall deem it proper, it may be presented to the next meeting of the Virginia Historical and Philosophical Society,) a copy of an ancient Record of the Actings and Doings of certain inhabitants of the Borough and County of Norfolk, associated under the name of "Sons of Liberty." This record has lain (tradition relates) in the office of the clerk of this Borough from its date; unknown to the world at large, and unnoticed even by many of the inhabitants themselves. The moment my attention was called to it, it appeared to me entitled by its antiquity and the generous spirit of patriotism and self-devotion which it so strongly breathes, to a place in the records of a society whose laudable purpose is to rescue from oblivion (into which already too many of the works of talent and deeds of patriotism of the state have fallen,) the remaining monuments of the colonial and revolutionary history of Virginia.

The letter of Richard Bland, (attached to the original, and which is obviously autographic,) seemed to me particularly interesting, and to deserve a place among the transactions of your society. That letter characterizes the resolutions as "noble," and declares that "they will remain lasting monuments of the public spirit of the Sons of Liberty, and of their love to their country." To this end I very respectfully tender them to your society, whose institution, allow me to say, I hail as the dawn of a new era in the literature and science of the commonwealth.

Be pleased to accept for your society, and yourself individually, assurances of my high respect,

OTWAY B. BARRAUD.

To the President of the Historical and
Philosophical Society of Virginia.

Proceedings Of the Sons of Liberty at Norfolk, 1766.

Preserved as a monument of their public spirit and love to their country.

At a meeting of a considerable number of inhabitants of the town and county of Norfolk, and others, Sons of Liberty, at the court-house of said county, in the Colony of Virginia, on Monday, the 31st of March, 1766—

Having taken into consideration the evil tendency of that oppressive and unconstitutional act of Parliament, called the stamp act, and being desirous that our sentiments should be known to posterity, and recollecting that we are a part of that colony who first, in general assembly, openly expressed their detestation to the said act, (which is pregnant with ruin, and productive of the most pernicious consequences,) and unwilling to rivet the shackles of slavery and oppression on ourselves and millions yet unborn, have unanimously come to the following resolutions—

1. Resolved, That we acknowledge our sovereign lord King George the Third to be our rightful and lawful king; and that we will at all times, to the utmost of our power and ability, support and defend his most sacred person, crown and dignity, and shall be always ready, when constitutionally called upon, to assist his said majesty with our lives and fortunes, and to defend all his just rights and prerogatives.

2. Resolved, That we will, by all lawful ways and means which Divine Providence has put into our hands, defend ourselves in the full enjoyment of, and preserve inviolate to posterity, those inestimable privileges of all free-born British subjects, of being taxed only by representatives of their own choosing, and of being tryed by none but a jury of their peers: and that if we quietly submit to the execution of the said stamp act, all our claims to civil liberty will be lost, and we and our posterity become absolute slaves; for by that act, British subjects in America are deprived of the invaluable privileges aforementioned.

3. Resolved, That a committee be appointed, who shall, in such manner as they think most proper, go upon necessary business, and make public the above resolutions; and that they correspond, as they shall see occasion, with the associated Sons of, and Friends to Liberty, in the other British colonies in America.

James Holt; Henry Tucker; Robert Tucker; Robert Tucker, Jr.; John Hutchings; Thomas Davis; Manuel Calvert; James Parker; Lewis Hansford.

Signed to the foregoing—

John Hutchings, Jr.; Paul Loyall; William Roscow Curle; Anthony Lawson; Joseph Hutchings; Thomas Newton, Sr.; John Phripp, Jr.; John Ramsay; John Gilchrist; Matthew Godfrey; Matthew Phripp; Thomas Newton, Jr.; Samuel Boush; Richard Knight; James Campbell; John Lawrence; Joshua Nicholson; Nicholas Wonycott; Matthew Rothery; Jacob Elligood; Cornelius Calvert; Edward Archer; Edward Voss; Francis Peart; Samuel Calvert; James Gibson; Nicholas Winterton; Griffin Peart; John Wilfery; William Skinker; Thomas Butt; William Gray; Hudson Brown; John Taylor; Alexander Moseley; John Taylor, Jr.; William Calvert; William Atchison; Edward Hach Moseley, Jr.; William Hancock; Robert Brett; Stephen Tankard; Thomas Willoughby; James Dunn; John Crammond; Alexander Kincaid; George Muter; Christopher Calvert.

On a motion made that a Moderator be chosen for the better transacting business, the Reverend Thomas Davis was recommended, and unanimously chosen.

On a motion made that a Secretary be appointed to this general meeting—

Resolved, That James Holt and William Roscow Curle be Secretaries.

Resolved, That the Committee of Correspondence do consist of the following persons, to wit:

Manuel Calvert, Esq.; Mr. Paul Loyall; Mr. James Parker; Mr. Joseph Hutchings; Doctor John Ramsay; Mr. Anthony Lawson; Mr. Samuel Boush; Mr. John Phripp, Jr.; Mr. John Gilchrist; Mr. Lewis Hansford; Mr. John Lawrence; Mr. John Hutchings, Jr.; Mr. Thomas Newton, Jr.; Mr. Matthew Phripp.

And that they or any five of them do make public the resolutions aforesaid; and take into consideration all matters necessary to be laid before this society, and make report of their proceedings to the next general meeting.

Resolved, That this general meeting adjourn till to-morrow nine o'clock.

At a meeting of the Sons of Liberty, continued and held at the court-house in the town and county of Norfolk, in the colony of Virginia, on Tuesday, April 1st, 1766—

Resolved, That we will, on any future occasion, sacrifice our lives and fortunes, in concurrence with the other Sons of Liberty in the neighboring provinces, to defend and preserve our invaluable blessings transmitted to us by our ancestors.

Resolved, That whoever is concerned, directly or indirectly, in using or causing to be used, in any way or manner whatsoever, within this colony, (unless authorised by the general assembly thereof,) that detestable paper called the stamps, shall be deemed to all intents and purposes, an enemy to his country, and treated by the Sons of Liberty accordingly.

Resolved, That the thanks of this society be given to Colonel Richard Bland, for the deep investigation and connective chain of reasoning set forth in his treatise, justly opposing the rights and liberties of this colony to the non-existing stamp act.

Resolved, That a committee be appointed to present the thanks of the Sons of Liberty to Colonel Richard Bland, for his treatise, entitled "An Enquiry into the Rights of the British Colonies;" and that Mr. Loyall, Mr. Boush, and Mr. Parker be appointed to draw an address for that purpose.

Resolved, That this society be adjourned till Friday, the 11th day of this instant, April.

T. D.

J. H. Secretary.
W. R. C. Secretary.

At a Committee of Correspondence of the Sons of Liberty, held at the court-house in Norfolk, in Virginia, on Wednesday, the 2d April, 1766—

Present, Mr. Manuel Calvert; Mr. Paul Loyall; Mr. John Ramsay; Mr. John Phripp, Jr.; Mr. Lewis Hansford; Mr. John Gilchrist; Mr. John Lawrence; Mr. John Hutchings, Jr.; Mr. Thomas Newton, Jr.

A copy of the resolves of the Sons of Liberty having been fairly transcribed, the same was delivered to Mr. John Hutchings, Jr., who undertook to deliver the same to the printer of the Virginia Gazette, and request him to insert the same in his next paper, and make report to this committee.

J. H. Secretary.
W. R. C. Secretary.

The copy delivered is as follows:

At a meeting of a considerable number of inhabitants of the town and county of Norfolk, and others, Sons of Liberty, at the court-house of the said county, in the colony of Virginia, on Monday, the 31st of March, 1766—

Having taken into consideration the evil tendency of that oppressive and unconstitutional act of Parliament, commonly called the stamp act; and being desirous that our sentiments should be known to posterity, and recollecting that we are a part of that colony who first in general assembly, openly expressed their detestation to the said act, (which is pregnant with ruin, and productive of the most pernicious consequences,) and unwilling to rivet the shackles of slavery and oppression on ourselves and millions yet unborn, have unanimously come to the following resolutions—

1. Resolved, That we acknowledge our sovereign lord and king George the Third to be our rightful and lawful king, and that we will at all times, to the utmost of our power and ability, support and defend his most sacred person, crown and dignity; and will be always ready, when constitutionally called upon, to assist his majesty with our lives and fortunes, and defend all his just rights and prerogatives.

2. Resolved, That we will, by all lawful ways and means which Divine Providence hath put into our hands, defend ourselves in the full enjoyment of, and preserve inviolate to posterity, those inestimable privileges of all free born British subjects, of being taxed by none but representatives of their own choosing, and of being tried only by a jury of their peers; for if we quietly submit to the execution of the said stamp act, all our claims to civil liberty will be lost, and we and our posterity become absolute slaves.

3. Resolved, That we will, on any future occasion, sacrifice our lives and fortunes, in concurrence with the other Sons of Liberty in the American provinces, to defend and preserve those invaluable blessings transmitted us by our ancestors.

4. Resolved, That whoever is concerned, directly or indirectly, in using or causing to be used, in any way or manner whatsoever, within this colony, unless authorised by the general assembly thereof, those detestable papers called stamps, shall be deemed to all intents and purposes, an enemy to his country, and by the Sons of Liberty treated accordingly.

5. Resolved, That a committee be appointed to present the thanks of the Sons of Liberty to Colonel Richard Bland, for his treatise, entitled "An Enquiry into the Rights of the British Colonies."

6. Resolved, That a committee be appointed, who shall make public the above resolutions, and correspond, as they shall see occasion, with the associated Sons of, and Friends to Liberty, in the British colonies in America.

Copy—Test,

J. H. Secretary.

[Here ends the record of the proceedings of the Sons of Liberty.]

[The following is a copy of the original letter in the hand-writing of Richard Bland, and attached to the above record, in answer to the letter of thanks written him in obedience to one of the resolves, but which no where appears on the minutes.]

Gentlemen!

The approbation of my Enquiry into the rights of the British Colonies, by the Norfolk Sons of Liberty, which you have been pleased to transmit to me in the politest terms, does me a very singular and unexpected honor, and demands my most sincere acknowledgements, which I beg leave to return to them with feelings of the warmest gratitude.

The glorious cause they have united to defend, merits of every true friend of the colonies the highest sentiments of their virtue. And though we have the strongest assurance that the violent attacks made upon our rights and liberties by a late arbitrary and oppressive minister will soon be removed; yet the noble resolutions entered into by the Norfolk Sons of Liberty, against the detestable stamp act, will remain lasting monuments of their patriotic spirit and love to their country. I am, with particular regard to yourselves, and the deepest respect to all the members of your association, gentlemen, your much obliged and very

RICHARD BLAND.

Jordan's May 8th, 1766.

To Paul Loyall, Lewis Hansford, and Thomas Newton, Jr. Esqrs. in Norfolk.

Virginia, Borough of Norfolk, to wit:

I hereby certify that the foregoing is a true copy of an old record in the clerk's office of the Borough aforesaid, endorsed "Proceedings of the Sons of Liberty at Norfolk, 1766, preserved as a monument of their patriotic spirit and love to their country."

I further certify that the said record was found in the said office in the year 1831, when I became clerk of the Borough court, and tradition relates that it was deposited there at the date of the transactions recorded.

In testimony whereof, I have hereunto set my hand and seal, this 16th day of January, in the year 1835.

JOHN WILLIAMS, C. C.

Attack on Wheeling Fort in the Year 1777.

We are indebted to Mr. Abraham Rogers, a distinguished actor in the scene, and now a resident of this county, for the following particulars of the attack, by the Indians, in the year 1777, on Wheeling fort, and the successful defence of that place by twelve men.

As an interesting incident connected with the early settlement of the country, and as a tribute of respect and gratitude to the early and adventurous Pioneers of the west, for their valor, perseverance and long suffering, it is due to their memory that it should be recorded, and find a place in the history of our country.

The fort was situated on the higher bank or bluff, not far from the place, where the mansion house of the late Noah Zane, Esq., was subsequently erected. It covered between one half and three quarters of an acre of ground, and was enclosed with pickets 8 feet high. The garrison, at the time of the attack, including all who were able to bear arms, did not exceed 15 in number, and of these several were between the ages of 12 and 18. The number of women and children is not known.

The first intimation the commandant of the fort, (Col. David Shepard) had of the approach of an enemy, was received the evening before the attack, from Capt. Ogle, who with Abraham Rodgers, Joseph Biggs, Robert Lemons and two others, had just arrived from Beech bottom fort, on the Ohio, about 12 miles from Wheeling. Capt. Ogle, on his approach to Wheeling, had observed below that place, the appearance of large volumes of smoke in the atmosphere, which he rightly conjectured was caused by the burning of Grave creek fort by hostile Indians, and upon his arrival immediately communicated his suspicions to Col. Shepard, but it was too late in the evening to reconnoitre. At a very early hour the next morning, (1st day of September,) the commander of the fort sent two of his men in a canoe, down the river, to ascertain the cause of the smoke, and whether any Indians were in the neighborhood. These two men were massacred by the Indians, (on their return as it was supposed) at the mouth of Wheeling creek, a few hundred yards below the fort. In the mean time, an Irish servant and a negro man had also been sent out to reconnoitre in the immediate vicinity. The Irishman was decoyed, seized, and killed by the Indians, but the negro was permitted to escape, who, on his return, gave the first alarm of the actual approach of the Indians. Capt. Ogle, on the receipt of this intelligence, accompanied by 15 or 16 of the garrison, leaving but 12 or 13 in the fort, immediately proceeded towards the mouth of the creek, in pursuit of the savages. The Indians were lying in ambush, and permitted the captain and his devoted followers to advance almost to the creek, when a brisk and most deadly fire was opened upon them; they fought bravely—desperately; but overpowered by the number of the enemy, were, all except the captain and two others, killed and scalped.

Upon hearing the firing at the creek, Rodgers, Biggs and Lemons, left the fort to join their comrades, but the work of death was over, their comrades slaughtered, and the triumphant enemy with a horrid yell, were rapidly advancing upon the fort. The three were fired upon and compelled to return. On their arrival at the gate of the fort, so near were the savages, that it was not without the most imminent danger that it was opened for their admission. A general attack was then immediately made on the fort by the whole body of the Indians, consisting of about 500 men, commanded by the infamous Simon Girty. The grand assault was from the east side, under cover of a paled garden, and a few half faced cabins within 40 or 50 yards of the fort, of which they took possession, and from whence a brisk fire was kept up until a late hour at night. During the engagement, the Indians sustained great injury from the bursting of a maple log, which they had bored like a cannon, and charged to fire upon the fort.

The little garrison of twelve sustained this protracted siege, from about 7 o'clock in the morning until 10 or 11 o'clock at night, when the savages were finally repulsed and obliged to retreat, without having killed or wounded a single individual in the fort. The loss on the part of the Indians was variously estimated from twenty to one hundred, but their dead were principally carried off or concealed, and a conjecture of the number of the killed, could only be formed from the great appearance of blood, which was observable for many days after the battle. The day was fair, and the most of the garrison were called "sharp shooters," all of whom had a great number of "fair shots:" it is therefore not improbable that some 30 or 40 of the enemy were killed, and perhaps many more; for there was a continued firing during the whole time of the engagement. Every man did his duty, and all were entitled to an equal meed of praise and thanks from the commander. But our informant particularly distinguished one person, who, he said, contributed more to the successful termination of the issue than any other. This was Mrs. Zane, wife of Ebenezer, and mother of the late Noah Zane, Esq., who rendered much actual service to the men, by running bullets, cutting patches, making cartridges, and hurrying from post to post, cheering and encouraging by her presence, exhortations and assistance, the sometimes almost exhausted efforts of the brave defenders of the fort. By her example, zeal and presence of mind, much assistance was also afforded, by a number of the other "blessed women" in the fort, (as our informant termed them.) A rapid fire was continued from the fort, from the commencement of the assault, until the Indians retired. Their rifles were used until they become too much heated to handle, when they were obliged to exchange them for muskets, which were fortunately found in the magazine. This more than Spartan band of patriots, had no time to take any sustenance from Sunday, the last day of August, until the 2d September, after the retreat of the Indians.

When it is considered that the Indians were led to the attack by the noted Simon Girty, a man who had much experience in the art of savage warfare, that he mustered more than 500 veteran warriors, and that the fort was defended by 12, and those chiefly old men and boys; the successful and glorious defence of the fort, by that little band of western pioneers; their names will richly merit a place in the page of history, with the most renowned heroes of the "olden time."

We much regret, that from a want of acquaintance with the localities of the place, as well as from other circumstances, we have been unable to do full justice to this subject; but we are not without a hope, that some more experienced pen will take a hint from these crude remarks, and redeem from oblivion this memorable event.

The Editor of the New York Evening Star is so well known and so highly estimated as a political writer, that we believe there is no party which does not feel the stronger for his friendship—or does not experience some dread from his opposition. His genius, however, does not exclusively delight in the carte and tierce of political strife. He has an infinite fund of strong common sense and racy humor, and withal an uncommon power of description, which he employs with great effect in hitting off the manners of the age, and rebuking those pernicious innovations which are making such sad havoc with our antient simplicity. In the following article, he depicts with admirable force the evil consequences which, in our large cities especially, are likely to flow from an unrestrained indulgence in the follies and extravagancies of fashion.