Chapter X - Formation of Fayette County

On December 21, 1830, Mr. William Spurlock of Cabell county, presented before the house of delegates of the General Assembly, in session at Richmond, Virginia, a petition of sundry inhabitants of the county of Kanawha, asking for the formation of a new county out of parts of the counties of Kanawha, Nicholas, Greenbrier and Logan. The petition was referred to the committee of propositions and grievances with instructions to examine the matter and report their opinion to the house.

Linn Banks, Esq. was speaker of the house at this session, and George W. Munford was clerk. Kanawha county was represented by George W. Summers, Greenbrier by Henry Erskine, Logan by Anthony Lawson, and Nicholas by Addison M'Laughlin.

The committee reported on December 28th, as follows: "Resolved, as the opinion of this committee, that the petition aforesaid, representing many grievances and inconveniences growing out of the face of their part of the county, such as distances from their court-houses, intervening waster courses and mountains; praying that in consideration thereof, and of many reasons in the petition set forth, a new county may be formed of parts of the aforesaid counties, within certain boundaries in the petition described to be called LaFayette, or Fayette, is reasonable.

On January 25, 1831, William M'Mahon or Rockingham, from the committee of propositions and grievances, presented a bill forming a new county out of parts of the counties of Logan, Greenbrier, Nicholas and Kanawha, which was received and laid upon the table.

Four days later, the bill with amendments proposed thereto, was taken up, and the amendments being agreed to, the same as amended, was ordered to be engrossed and read the third time.

The engrossed bill was read the third time on February 2nd, and sundry blanks were therein filled: "Resolved, That the bill do pass and the title be 'An act forming a new county out of parts of Logan, Greenbrier, Nicholas and Kanawha'." The

clerk was then ordered to communicate the bill to the senate and request their concurrence.

The following day the bill was delivered to the senate and read for the first time. On motion the bill was read a second time and committed to Messrs. Andrew Bierne of Monroe, William McComas of Logan, and David McComas of Wythe.

Four days later, Mr. Bierne reported that the committee had take the bill under consideration and made several amendments thereto. The amendments being twice read, were on the question put thereupon, were agreed to by the senate. The bill as amended was read the third time, and on motion of George C. Dromgoole of Brunswick, ordered to be laid upon the table.

A week later, the bill as amended was taken up, and on motion of William McComas or Logan, was further amended. On motion of John Y. Mason of Southampton, the bill was ordered to be laid upon the table.

On February 17th, the amended bill was taken up again on motion of David McComas of Wythe. On motion of Jacqueline B. Harvie or Richmond, the bill was again ordered to be laid upon the table.

Four days later the amended bill was taken up for further consideration. Mr. Charles S. Morgan of Monongalia, moved further to amend the bill by striking out certain sections. The substance of the part stricken out proposed that part of the county of Fayette taken from Greenbrier should belong to the senatorial district composed of the counties of Greenbrier, Monroe, Giles and Montgomery, and that the parts taken from Logan, Nicholas and Kanawha should belong to the senatorial district composed of the counties of Kanawha, Mason, Cabell, Logan and Nicholas; that the county of Logan, and that part of Fayette taken from Logan, should form one election district, and send one delegate to the General Assembly; that the county of Kanawha, and that part of Fayette taken from Kanawha, should form one district and send one delegate; that the county of Nicholas, and that part of Fayette taken from Nicholas, should form one district and send one delegate to the General Assembly; and that there should

be four precinct elections held in the county of Fayette at the places fixed by law, the Sheriff of Fayette county, or his deputies, to meet the respective sheriffs at the courthouse of Kanawha, Logan, Greenbrier and Nicholas, to compare polls of the said several election districts, and certify the elections as required by law.

In lieu of the foregoing unsatisfactory proposals the follow was inserted: "One delegate shall be elected for and by the said counties of Logan and Fayette to represent the same in the General Assembly; and the said county of Fayette shall be attached to the Senatorial District composed of the counties of Kanawha, Cabell, Logan and Nicholas; and it shall be attached to the same district with Logan for the choice of Electors of President and Vice President of the United States."

The question being put thereupon, it was agreed to by the Senate - Ayes, 16; Noes, 14. The ayes and noes on that question being required by George C. Dromgoole of Brunswick were as follows: Ayes - Messrs. William C. Holt (Speaker), John Y. Mason, George C. Dromgoole, Nathaniel Alexander, George Booker, William Campbell, John G. Joynes, William Armistead, John H. Bernard, Charles Cocke, Horatio G. Winston, Joseph W. Chinn, John Gibson, Jr., Joel Pennyhacker, Elisha Boyd and Charles S. Morgan - 16. Noes - Messrs. Joseph Wyatt, Benjamin W. S. Cabell, William M'Carty, Jacqueline B. Harvie, Lawrence T. Dade, Charles Beale, Joseph Cravens, Hierome L. Opie, George Cowan, David McComas, Jesse Edgington, John M'Whorter, Andrew Bierne (representing the district composed of Greenbrier, Giles and Montgomery), and William McComas (representing the district composed of Kanawha, Mason, Cabell, Logan and Nicholas) - 14.

Two days later, February 23rd, on motion of David McComas of Wythe, the bill as amended was taken up and passed by the Senate. The clerk was ordered to inform the House of Delegates and request their concurrence in the amendment.

The following day the said bill and amendment was received in the House and referred to the committee of General Laws.

Two days later, Philip Williams of Shenandoah, from the committee of General Laws, reported that they had taken into consideration the amendments proposed by the Senate to the bill, and recommended a concurrence therein, with an amendment proposed

thereto by the said committee. The said amendment, proposed by the committee to the Senate's amendment, was agreed to by the House; and the said amendment, as amended were in like manner agreed to. The Clerk was then ordered to inform the Senate and request their concurrence in the said amendment to their amendment.

On Monday, February 28th, upon motion of Philip Williams of Shenandoah, on of the rules of House was suspended for the purpose of re-considering the vote concurring with the Senate in their amendment to the said bill. This said amendment being further amended, on his motion, the same as amended was agreed

to by the House. The Clerk was then ordered to request the concurrence of the Senate in the said amendment.

The same day, the communications from the House were received in the Senate, and the amendments proposed by the House of Delegates to the Senate's amendments to the bill, being twice read, on the questions severally put thereon, were agreed to by the Senate, and the Clerk was ordered to inform the House of Delegates thereof.

On Tuesday, March 1st, 1831, the following communication was received by the House of Delegates: "The Senate agree to the amendments proposed by the House of Delegates to their amendments to the bill, entitled, "An act forming a new county out of parts of the counties of Logan, Greenbrier, Nicholas and Kanawha."

Such is the history of the bill passed by the General Assembly during the session of 1830-31 forming the new county of Fayette.

COPY OF THE ACT OF THE GENERAL ASSEMBLY OF VIRGINIA
FORMING THE NEW COUNTY OF FAYETTE

Chapter 70. - An Act forming a new county out of parts of the counties of Logan, Greenbrier, Nicholas and Kanawha.

Passed February 28, 1831

1. Be it enacted by the General Assembly, That all that part of the counties of Logan, Greenbrier, Nicholas and Kanawha, contained within the following boundaries, to wit: Beginning on New river where the lines of Giles and Logan counties strike the same, thence down said river to the mouth of Lick creek, thence a straight line to the top of Little Sewell mountain, where the Kanawha turnpike crosses the same, so as to embrace the dwelling-house of J. P. Thomasson, thence a straight line to Meadow river at the mouth of Mill creek, thence down said river to its mouth, thence down Gauley river to the mouth of Twenty mile creek, thence up twenty mile creek to the mouth of Bell creek, thence up Bell creek to James Nicholas's, thence a straight line to Rock camp, on the present line of Nicholas and Kanawha counties, thence a straight line to Kanawha river, at the mouth of Smithers creek, thence a straight line crossing Kanawha river, and some of the waters of Paint creek, Cabin creek, and North-east fork of Cole river and west fork of same, to the intersection of the lies of Kanawha and Logan counties, at the end of the Great Cherry Pond mountain, thence with the dividing ground dividing the waters that flow into the Marsh

[Pg 148]

fork of the Cole and New rivers, on the one side, and the Little Cole river, and the waters of Guyandotte river on the other side, to the present line of Logan and Giles counties, thence with said line, to New river, the beginning, shall form one distinct and new county, and shall be called and known by the name of Fayette county.

2. The governor, with the advice of the council of state, shall commission ten persons as justices of the peace in and for the county of Fayette, who shall, before entering upon and executing the said office, take the several oath now required by law, of persons commissioned as justices of the peace; which oaths may be administered by any justice of the peace now in commission for the county of Logan, Greenbrier, Nicholas or Kanawha.

3. A court for the said county of Fayette, shall be held by the justices thereof, on the third Monday in every month, after the same shall have been organized, in like manner as is prescribed by law for other counties, and shall be by their commissions directed.

4. And in order the more impartially and correctly to ascertain the most proper place for holding courts, and erecting the public buildings for the said county of Fayette, Peter H. Steinbergen of Mason, William Buffington of Cabell, Andrew Johnson of Giles Henry Alexander of Monroe, and George I. Williams of Harrison, gentlemen, shall be, and they are hereby appointed commissioners, a majority of whom may act, for the purpose of the aforesaid, whose duty it shall be, after having performed the services hereby required, to make report thereof in writing, to the court of the said county of Fayette; whereupon, they, the said court, shall proceed to erect the necessary public buildings at the places so fixed upon by the said commissioners, or a majority of them, which, when completed, shall be the permanent place for holding courts for the said county of Fayette.

5. The justices of the peace so commissioned and qualified for the said county of Fayette, shall meet at the residence of Miles Manser, in said county, on the third Monday in May next; and a majority of them being present, shall proceed to the appointment of a clerk of the said court; shall nominate to the governor suitable persons to be commissioned as sheriff and corner of the said county, and fix a place for holding the courts of the said county, until the necessary buildings shall be constructed as the place designated by the said commissioners.

6. It shall be lawful for the sheriffs of the counties of Logan, Greenbrier, Nicholas and Kanawha, to collect and make distress for any public dues or officer's fees, which shall remain unpaid by the inhabitants of the county of Fayette, at the time this act shall go into effect, and shall be accountable for the same, in the like manner as if this act had never been made.

7. The courts of the counties of Logan, Greenbrier, Nicholas and Kanawha, shall have jurisdiction of all actions and suits pending before them on the first of March next, and shall try to determine the same, and award execution thereon.

[Pg 149]

8. The said county of Fayette shall be in, and attached to, the same judicial circuit with the county of Greenbrier, and the circuit courts thereof shall be holden on the third Monday after the fourth Monday in April and September in every year, and be of the same brigade district with the county of Kanawha. One delegate shall be elected for and by the said counties of Nicholas and Fayette, to represent the same in the General Assembly; and the said county of Fayette shall be attached to the senatorial district composed of the counties of Kanawha, Cabell, Logan, Mason and Nicholas; and it shall be attached to the same district with Logan, for the choice of electors of president and vice-president of the United States, and of the same district of which the county of Kanawha now forms a part, for the election of a representative in the Congress of the United States.

9. And be it further enacted, That the courts of quarterly sessions for the said county of Fayette, shall be holden in the months of March, June, August and November, in every year; and the said county of Fayette shall belong to the same district, for which a court is by law directed to be holden at Greenbrier court house.

10. It shall be lawful for the county courts of Logan, Greenbrier, Nicholas, Kanawha and Fayette counties, and they are hereby required to appoint commissioners to run and mark lines (or such part thereof as may be thought necessary by the respective county courts), between the aid counties, as designated by this act; which, when run and marked, shall be taken and considered as the dividing lines between the said counties. The commissioners are herby required to make report of their proceedings to the county courts of said counties respectively; which reports hall be recorded in the clerk's office of each of said counties, and in all controversies which may hereafter arise touching said lines, shall be conclusive evidence. The county courts of each of said counties, shall allow the said commissioners a reasonable compensation for their services, to be paid out of the levy of each county in just proportions, according to work required in each county.

11. This act shall commence and be in force from and after the passage thereof.

The foregoing text was taken directly, verbatim, from The History Of Fayette County, West Virginia as it was originally written. This book was written by J. T. Peters and H. B. Carden. It was published in 1926 by the Fayette County Historical Society, Inc., Fayetteville, West Virginia, and printed by Jarrett Printing Company, Charleston, West Virginia. All rights reserved.

[Home]

[ Next | Previous ]

[Table Of Contents]
[ Dedication | Foreword ]
[ 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 ]
[ 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 ]
[ 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 ]

Formation Of Fayette County