at liberty, he would almost doubt his own senses and believe himself in another country. A great part of our valley may be said to be elegantly improved.*

CHAPTER XV.

Establishment of the towns.

About the year 1738, there were two cabins erected near the run in Winchester. The author regrets that he has not been able to ascertain the names of the first settlers in this town, Tradition however relates that they were German families.

In the year 1752 the legislature passed "an act for the establishing of the town of Winchester." In the preamble are the following words:

"Whereas it hath been represented to this general assembly, that James Wood, gentleman, did survey and lay out a parcel of land at the court house‡ in Frederick county, in twenty-six lots, of half an acre each, with streets for a town, by the name of Winchester, and made sale of the said lots to divers persons who have since settled and built and continue building and settling thereon; but because the same was not laid off

* Capt. James Russell, of Berkeley, some years ago built a brick barn 150 feet long and 55 wide.

The late Mr. John Hite, in the year 1785, built the first brick house ever erected west of the Blue ridge. This is but a small one story building, and is now owned by the heirs of the late Mr. A. Neill, at the north end of Stephensburg, in the county of Frederick. In 1787 Mr. Hite built a merchant mill, which was at that time considered the finest mill in the valley. It is now hardly considered a second rate mill.

† A very aged woman, by the name of Sperry, informed the author that when she first saw the place where Winchester now stands, she was 22 years of age, and from her age at the time the author conversed with her, (which was in 1809,) he found the year in which she first saw Winchester to be in 1738, at which time she stated there were but two small log cabins, and those

near the run.

Mr. Jacob Gibbon informed the author that he was in Winchester in 1755, and that the court house was a small cabin, and that he saw the court sitting in this cabin.

and erected into a town by act of assembly, the freeholders and inhabitants thereof will not be entitled to the like privileges enjoyed by the freeholders and inhabitants of other towns in this colony, Be it enacted, &c. that the said parcel of land lately claimed by the said James Wood, lying and being in the county of Frederick aforesaid, together with fifty-four other lots of half an acre each, twenty-four thereof in one or two streets on the east side of the former lots, the street or streets to run parallel with the street already laid off, and the remaining thirty lots to be laid off at the north end of the aforesaid twenty-six, with a commodious street or strects in such manner as the proprietor thereof, the right honorable Thomas lord Fairfax, shall see fit, be and is hereby constituted, enacted, and established a town, in the manner already laid out, to be called by and retain the name of Winchester, and that the freeholders of the said town shall forever hereafter enjoy the same privileges which the freeholders of other towns erected by act of assembly enjoy." This act further provides that fairs may be held in the town twice in each year.

Thus it appears that the late Col. James Wood was the founder of Winchester, and not lord Fairfax as has generally been believed. The latter made an addition to the town. Tradition relates that Fairfax was much more partial to Stephensburg than he was to Winchester, and used all his influence to make Stephensburg the seat of justice, but that Wood outgeneraled his lordship, and by treating one of the justices with a bowl of toddy secured his vote in favor of Winchester, which settled the question, and that Fairfax was so offended at the magistrate who thus sold his vote, that he never after spoke to him.*

The late Robert Rutherford, Esq. opened the first store ever established in Winchester. There was soon a mixed population of Germans, Irish, and a few English and Scotch. The national prejudices which ex

*The late John S. Woodcock, Esq. communicated this fact to the author, and stated that he had the information from the late Col. Martin.

isted between the Dutch and Irish produced much disorder and many riots. It was customary for the Dutch, on St. Patrick's day, to exhibit the effigy of the saint, with a string of Irish potatoes around his neck, and his wife Sheeley, with her apron loaded also with potatoes. This was always followed by a riot. The Irish resented the indignity offered to their saint and his holy spouse, and a battle followed. On St. Michael's day the Irish would retort, and exhibit the saint with a rope of “sour krout" about his neck. Then the Dutch, like the Yankee, "felt chock full of fight," and at it they went, pell mell, and many a black eye, bloody nose, and broken head, was the result.* The author recollects seeing one of these riots since the war of the revolution. The practice was at last put down by the rigor with which our courts of justice punished the rioters.

In the month of September, 1758, the town of Stephensburg, in the county of Frederick, was established. This town was first founded by Peter Stephens, who came to Virginia with Joist Hite, in the year 1732. The ruins of Stephens's first cabin are yet to be seen. Lewis Stephens, the late proprietor of the town, was the son of Peter Stephens. He laid out the town in form, and applied to the general assembly to have it established by law, which was done in the year 1758.

This town was first settled almost exclusively by Germans; and the religion, habits and customs, of their ancestors, were preserved with great tenacity for many years. The German language was generally used in this village since the author's acquaintance with it, which acquaintance commenced in the year 1784.

In the month of November, 1761, Strasburg (commonly called Stover's town,) was established by law. This town was settled entirely by Germans, and to this day the German language is in general use, though the English language is now generally understood, and al

* Gen. Smith informed the author that this practice was kept up for seve ral years after he settled in Winchester, and that several very dangerous ri ots took place, in which he with other magistrates had to interpose, to preserve the peace.

so spoken by the inhabitants. It was laid off by Peter Stover.

Staunton, in the county of Augusta, was laid off by William Beverly, Esq. and established by act of the general assembly in November, 1761. The first settlers were principally Irish.

In March, 1761, Woodstock, then in the county of Frederick, was established by law. Jacob Miller laid off twelve hundred acres of land, ninety-six of which were divided into half acre lots, making one hundred and ninety-two building lots-the remainder into streets and five acre lots, commonly called out lots. This town appears to have been originally laid out upon a larger scale than any of our ancient villages. Like the most of our towns it was settled exclusively by Germans, and their religion, customs, habits, manners and language, were for a long time preserved, and to this day the German language is generally in use by the inhabitants.

Mecklenburg (Shepherdstown), then in the county of Frederick, now in Jefferson, was established by law in the month of November, 1762. This village is situated immediately on the bank of the Cohongoroota (Potomac) about 12 miles above Harpers-Ferry. It was laid off by the late Capt. Thos. Shepherd, and was first settled chiefly by German mechanics. It is remarkable for its being the place where the first steam boat was ever constructed in the world. Mr. James Rumsey, in the year 1788, built a boat, which was propelled by steam against a brisk current. There are some of the remnants of the machinery now to be seen, in the possession of Capt. Haines, in that place.

Romney, in the county of Hampshire, was laid off by the late lord Fairfax, and established by law in the month of November, 1762. His lordship laid off fifty acres into streets and half acre lots; but the town improved but slowly. It does not contain more than fifty families at this time. It is nevertheless a place of considerable business; has a bank, printing-office, several stores and taverns. The new Parkersburg turnpike

road passes through it, which will doubtless, when completed, give it many great advantages.

In February, 1772, Fincastle, in the county of Botetourt, was established. Israel Christian made a present of forty acres of land to the justices of Botetourt court, for the use of the county. The court laid off the said forty acres of land into lots, and applied to the legislature to have the town established by law, which was done accordingly.

In October, 1776, first year of the commonwealth, the town of Bath, at the warm springs, in the county of Berkeley, (now the seat of justice for Morgan county,) was established, and laid off by act of assembly.

Preamble. "Whereas it hath been represented to this general assembly, that the laying off fifty acres of land in lots and streets for a town at the warm springs, in the county of Berkeley, will be of great utility, by encouraging the purchasers thereof to build convenient houses for accommodating numbers of infirm persons, who frequent those springs yearly for the recovery of their health; Be it enacted, &c. that fifty acres of land adjoining the said springs, being part of a larger tract of land, the property of the right honorable Thomas lord Fairfax, or other person or persons holding the same by a grant or conveyance from him, be and the same is hereby vested in Bryan Fairfax, Thomas Bryan Martin, Warner Washington, the reverend Charles Mynn Thruston, Robert Rutherford, Thomas Rutherford, Alexander White, Philip Pendleton, Samuel Washington, William Ellzey, Van Swearingen, Thos. Hite, James Edmundson, and James Nourse, gentlemen, trustees, to be by them, or any seven of them, laid out into lots of one quarter of an acre each, with convenient streets, which shall be and the same is hereby established a town, by the name of Bath."

The author has been the more particular in making the foregoing extract from the act of the legislature, because this appears to be the first instance under our republican government in which the legislature took the