James Wood Founder of Winchester VA
JAMES WOOD’S ONLY ELECTION
researched, compiled by Jim Moyer 9/18/2015, revised 9/25/2015, 11/24/2018
.
.
This is not about “James Woods” the actor. We have no picture of the man we are discussing.
.
.
This is about the senior James Wood, founder of Winchester VA (born 1707 ?- died 6 Nov 1759) and NOT his son of the same name who later became Governor of Virginia.
.
James Wood was appointed the first Clerk of Court November 14, 1743 of Frederick County, which had been created in 1738 out of Orange County.
.
He had already been appointed as Surveyor of Orange County 1734 and petitioned for a road in Orange County working with Abraham Hollingsworth (of the same Abram's Delight, possibly the oldest existing home in Winchester VA).
.
Ctrl F to find James Wood in the link regarding James Wood's petition for a road in working with Abraham Hollingsworth.
.
James Wood is also credited for designing both Richmond 1737 and Winchester Virginia 1744, chartered 1752.
.
.
.
But the story here? An election.
.
The only one he ever ran for. Our senior James Wood, was one of 7 candidates for Burgess in Orange County, 20 November 1741.
.
Polling started at noon and a whole day of drunken chaos ensued into this November night, at this location - see map.
.
Want to read the details ?
.
It appears legal writers of old did not favor punctuation known as a period.
.
Believe it or not the report below, found in the record of the House of Burgesses, is one long sentence.
.
For easier reading, this one very long sentence is broken up in to sections for the modern reader to digest.
.
.
So, back to 20 November 1741 . . .
.
PART 1 — MAYHEM at this election.
PART 2 — House of Burgesses expels Slaughter.
PART 3 — House of Burgesses expels Downs.
PART 4 — Courthouse location where riot occurred.
PART 5 — Frederick and Augusta County’s first representatives.
.
.
Part I — MAYHEM at this election
20 November 1741
.
THIS REPORT
about that 20 November 1741 election incident
was given to the Friday, June 4, 1742 session of the House of Burgesses of Virginia.
.
“Mr Conway, from the Committee of Privileges and Elections, reported, That the Committee had had under their Consideration, the Petition of Mr Thomas-Wright Belfield, to them referred; complaining of an undue Election and Return of Mr Robert Slaughter, a Sitting Member, and Mr Henry Downs, lately expelled this House, to serve as Burgesses, in this present General Assembly, for the County of Orange; and the Depositions of divers Witnesses, as to the subject Matter of the Petition, taken and returned, pursuant to the Resolution of this House; and have agreed to a Report,
.
THE CANDIDATES
That it appeared to the Committee, from the said Depositions, That
Mr Thomas Chew,
Mr Zachariah Taylor,
Mr William Russell,
and Mr James Wood,
stood Candidates for the Election;
.
and that the Poll was opened on Friday the Twentieth Day of November last, about Twelve of the Clock,
.
THE FIRST MOBBING
.
That as soon as the Poll was opened, John MacCoy, Honorius Powell, John Snow, and Timothy Terrill, and several others, throng’d into the Court-house in a riotous Manner, and made such a Disturbance, that the Sheriff and Candidates were bliged to go out of the Courthouse, ’til the House was clear’d, and the People appeas’d:
.
MR CHEW – A DRUNK CANDIDATE
.
And that the said Mr Chew, whilst he was on the Bench, called for a Bowl of Punch, and had it brought to him; upon which, the Sheriff stay’d the Poll, and said he would not have any Punch drank on the Bench, but wou’d have a fair Election; to which Mr Chew replied, he would have Punch, and drink it, and that the Sheriff should not hinder him.
.
SWORDS GUARD THE DOORS
.
[Picture by Kevin O'Malley]
.
That as soon as the Tumults were appeas’d, the Candidates and Sheriff return’d into the Court-house, and proceeded in taking the Poll; Mr Jonathan Gibson, and John Newport, the Under-Sheriff, at their Desire and Permission, standing at each of the Court-house Doors, with drawn Swords across the Doors, in order to let the Voters pass in and out quietly and regularly in their Polling.
.
.
A VOTER ATTACKS THE UNDER-SHERIFF
.
That after the Under-Sheriff was placed at the Door, one Mr John Rucker came to the Door, and demanded Entrance, which he had; and then the said Rucker threw the Under-Sheriff and another Person headlong out of the Doors;
.
and when the Under-Sheriff recovered his Post, the said Rucker insisted to clear the Doors, so that everyone might have free Entrance, and seized the Under-Sheriff’s Sword with both his Hands, endeavouring to break it, which the Under-Sheriff prevented, by drawing it through his Hands.
.
That then one John Burk came to the said Rucker’s Assistance, and laid violent Hold’on the Under-Sheriff, who was rescued by the By-standers.
.
GUARD AT DOOR LEAVES, MOB ENTERS
.
That towards Night, Mr Gibson quitted his Post at the Door, and immediately the People throng’d into the Court-house in a drunken riotous Manner, one of them jumping upon the Clerk’s Table, and dancing among the Papers, so that the Sheriff was unable to clear the Bar, or the Clerks to take the Poll:
.
SHERIFF WON’T SUSPEND ELECTION, UNLESS . . .
.
Whereupon the Candidates desired the Sheriff to adjourn the Poll ’til Eight of the Clock the next morning;
.
which he refus’d to do, unless the Candidates would give him Bond to indemnify him, saying, that by Law he was oblig’d to compleat the Election on the Day appointed, or to return the two foremost Candidates as Burgesses;
.
and several of the Candidates agreeing to give such Bond, the Under-Sheriff, by Direction of the High-Sheriff, adjourned the Poll ’til Eight of the Clock next Morning; and thereupon a great many of the Freeholders who had not voted, returned home; and Mr Chew and Mr Belfield went to Mr Belfield’s House, near the Courthouse, desiring Mr Russell to see Justice done them in their Absence.
.
That when the Sheriff had prepared a Bond ready for the Candidates signing, Mr Russell carried it to Mr Belfield’s, and offered it to Mr Chew and Mr Belfield to execute, who refused, saying the Poll was adjourn’d, and their Friends gone home.
.
RE-OPENING THE POLLS
.
That when the said Russell returned to the Court-house, and the Sheriff understood that the Candidates would not sign the Bond, he caused Candles to be lighted about Eight of the Clock at Night, and opened the Poll;
.
FRUSTRATED SHERIFF DECLARES 2 WINNERS
.
and thereupon Mr Russell, with several of the Freeholders, went into the Court-house, desiring the Sheriff to clear the Bar, and suffer those Freeholders to be polled; which he refused, and immediately proclaimed Mr Slaughter and Mr Downs duly elected, to serve as Burgesses for Orange County;
.
notwithstanding Mr Russell, in Behalf of himself and Mr Belfield, forbid him so to do. And that a great many of the Freeholders returned the next Morning according to the Adjournment, in order to give their Votes, and were disappointed.
.
VOTER INFLUENCING OTHERS WITH DRINK
.
It also appeared to the Committee, that the said John Rucker did, before and during the Time of the Election, give several large Bowls of Punch amongst the People, crying out for those Persons who intended to vote for Mr Slaughter, to come and drink of his Punch;
.
VOTER PREVENTING OTHERS FROM VOTING
.
and that the said Rucker stood at the Court-house, and kept out those Persons who were Mr Belfield’s Friends; and after the Election was over, confessed he had won several Pistoles, upon Mr Slaughter’s being elected the first Burgess.
.
Ordered, That the House be adjourned ’til To-morrow Morning, Ten o’Clock. Saturday, June 5, 1742. “
.
For above quoted text, see Source 1 below.
.
.
Source:
.
1. Report of the Committee of Privileges and Elections, in H.R. McIlwaine and John P Kennedy. eds.. Journals of the House of Burgesses of Virginia, 13 volumes, (Richmond 1905-1915), 1742-1747, 1748-1749 page 50
.
.
.
.
2. Outline of Journals of Virginia House of Burgesses
.
.
.
.
PART 2 — House of Burgesses expels Slaughter
.
Those who made mayhem at the event are taken into custody.
.
Saturday June 5 1742
.
Resolved,
That Mr Robert Slaughter, the Sitting Member, is not duly elected and returned a Burgess, to serve in this present General Assembly, for the County of Orange.
.
Resolved,
That Mr Richard Winslow, Sheriff of the County of Orange, John Rucker, John Burk, John MacCoy, Honorius Powell, John Snow, and Timothy Terrill, are guilty of great Misdemeanours, and Breaches of the Privileges of this House.
.
Ordered,
That the said Richard Winslow, John Rucker, John Burk, John MacCoy, Honorius Powell, John Snow, and Timothy Terrill, be sent for, in Custody of the Sergeant at Arms.
.
Ordered,
That an Address be made to the Governor, to order a new Writ to issue, for Electing new Burgesses, to serve in this present General Assembly, for the County of Orange, in the Room of Mr Henry Downs, expelled this House, and Mr Robert Slaughter, who is not duly elected, to serve for the said County.
.
Report of the Committee of Privileges and Elections, in H.R. McIlwaine and John P Kennedy. eds.. Journals of the House of Burgesses of Virginia, 13 volumes, (Richmond 1905-1915), 1742-1747, 1748-1749 page 53
.
.
.
Outline of Journals of Virginia House of Burgessess
.
.
.
.
PART 3 — House of Burgesses expels Downs.
.
Henry Downs stole a sheep. Twenty One years ago. In Maryland. This report is about his confession and the punishment (which is described below and is horrific) given him 21 years ago. The House of Burgesses already having kicked him out for the irregularity of the election of 20 November 1741, used this report of Downs’ past as proof they are right to have kicked him out.
..
Tuesday May 11, 1742
Whereupon it appeared to the Committee, from the Transcript of a Record of the Court of Prince George County, in Maryland, produced to the Committee, duly attested by the Clerk, and certified under the Public Seal of the said County, That at a County Court of the Right Honourable the Lord Proprietary of that Province, held at Marlborough Town, in and for the County aforesaid, on the Twenty Seventh Day of June, One Thousand Seven Hundred and Twenty One, Henry Downs, together with Edward Brown, and James Jones, all of the said County, were indicted of Felony, in stealing one Sheep, of a white Colour, of the Price of Ten Shillings, the property of a certain Person unknown, on the Twenty Ninth Day of August then last past, at a Place called the Chapel, in that County: And that the said Downs, upon his Arraignment, the same Twenty Seventh Day of June aforesaid, did confess himself guilty of the Felony and Theft, so as aforesaid laid to his Charge, and put himself upon the Grace and Mercy of the Court.
.
PUNISHMENT
.
..that the same Henry Downs, by the Sheriff of that County, from the Bar to the Whipping-Post, should be taken; and there being stripped naked, from the Waist upwards, receive on his bare Back Fifteen Lashes well laid on, by the Sheriff aforesaid, so that the Blood appear: And that after the Whipping aforesaid, the said Henry Downs, by the Sheriff aforesaid, be put on the Pillory, for and during the Space of Half an Hour. And afterwards, the said Henry Downs, the same Twenty Seventh Day of June aforesaid, was, with the Consent of one Jacob Henderson, Clerk, (his Master) sold by the Court aforesaid, for One Year and Nine Months, to one John Middleton, Planter, to discharge the Fees of the Conviction aforesaid…
.
Resolved,
That the said Henry Downs, for the Causes aforesaid, be expelled this House.
.
Resolved,
That the said Henry Downs be disabled to Sit and Vote as a Member of this House, during this present General Assembly.
.
Source:
.
Report of the Committee of Privileges and Elections, in H.R. McIlwaine and John P Kennedy. eds.. Journals of the House of Burgesses of Virginia, 13 volumes, (Richmond 1905-1915), volume on 1742-1747, 1748-1749…. page 11
.
.
.
Outline of Journals of Virginia House of Burgesses
.
.
.
.
PART 4 — Courthouse location where riot occurred.
.
“Near the present Somerville’s Ford, belonging to Hume family”
.
Scroll down in this link until you see map of Somerville’s Ford showing some Civil War placements.
.
Here's where we think one of the early Orange County Courthouses was - see map.
.
July 1738, Ordered that next term would agree to finish building.
.
Henry Willis took out a license for an ordinary there November 1739
.
A History of Orange County, Virginia, from its formation in 1734 (o.s.) to the end of reconstruction in 1870 Page 36
.
.
.
.
Source of map:
.
Atlas of County Boundary Changes in Virginia 1634–1895 (1987) by Michael F. Doran.[119]
.
.
.
.
PART 5 — Frederick and Augusta County’s first representatives.
.
Orange County appears to have no representation until 1747 because of those expulsions.
.
Frederick County and Augusta County in 1738 were both carved out of Orange, but in 1742 Augusta shows no Burgesses, yet Frederick County does: Samuel Earle and [Andrew?] Campbell. for the 1742-1747 House of Burgesses.
.
For the 1748-1749 House of Burgess both Frederick and Augusta counties have full representation, meaning 2 Burgesses from each county.
.
George Fairfax and the colorful Gabriel Jones
represented Frederick County 1748-1749
.
Outline of Journals of Virginia House of Burgesses
.
.
.
.
.
.
.
.
.
.
.
.
.
Some Links
.
We know James Wood dies 6 November 1759 because the date was inscribed on a “mourning ring,” according to Winchester, Virginia And Its Beginnings, 1743-1814 by Katherine Glass Greene, page 111.
.
A history of Orange county, Virginia, from its formation in 1734 (o.s.) to the end of Reconstruction in 1870; compiled mainly from original records, with a brief sketch of the beginnings of Virginia, a summary of local events to 1907, and a map. By W. W. Scott. See two links from this book:
.
1. Appendix, “Commissions” on page 258 shows many Frederick County names of its parent Orange Country
.
2. Members of House of Burgessess from Orange County VA on page 279
.
.
4. New River Website on Orange County history book up above, but this site has a lot in it
.
Shenandoah Valley pioneers and their descendants; a history of Frederick County, Virginia (illustrated) from its formation in 1738 to 1908. Compiled mainly from original records of old Frederick County, now Hampshire, Berkeley, Shenandoah, Jefferson, Hardy, Clarke, Warren, Morgan and Frederick [by] T. K. Cartmell. see link on James Wood, pages 126-127
.
Excellent link to find old books:
.
Excellent link:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
NOTES FOR LATER RESEARCH
.
.
Orange County Road Orders – VDOT pdf link.
.
From above link
25 March 1742, O.S. p. 112
Ordered that Jeremy Smith & Robert Eaton view & lay of the road petitioned for by James Wood
Gent & others from James Codiss to Isaac Perkin.s Mill & that Abraham Hollingsworth & James
Carter view & lay off ye road from the said Mill to Kerseys ferry & make report of their
proceedings to ye next Court.
.
28 May 1742, O.S. p. 157
Abraham Hollingsworth and James Carter having returnd that they had laid of & viewed the road
petitioned for James Wood Gent from James Codys to Isaac Perkins.s Mill and Jeremy Smith
and Robert Heatton that they had marked a road from the said Perkins.s Mill to Kerseys fferry Its
ordered that the said roads be cleared according as the Viewers have laid of the said roads and
that Joseph Edwards and Phillip Babb be hereby appointed Overseers from perkins.s Mill &
George Hogg & Wm Kersey be hereby appointed Overseers from Perkins.s Mill to the sd Kerseys
fferry and that all the tithables/: within four Miles:/ be equally divided between the said
Overseers according to the length of ground to work on ye Same And its further ordered that the
said Overseers with the tithables so divided cause the said roads each Overseer in his precinct to
be cleared & bridges were wanting to be made according to Law.
.
Wood, James, Gent. 67, 70
John 139
Michael 79
Richard 109
Thos., Thomas 43, 125, 139
.
.
.
.
Orange County Microfilm
.
Mary Rutherford and James Wood – genealogy link
.
Stewart Bell Jr. Archives Room, Handley Regional Library, Winchester-Frederick County Historical Society, James Wood Collection
.
Glen Burnie pdf file
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
▼ Henry Downs’ dismissal from the House of Burgesses
Henry Downs served a very brief stint in the House of Burgesses beginning on May 6, 1742 and ending just five days later on May 11th. It seems that just a few days after his appointment that a “youthful indiscretion” came back to haunt Henry Downs, when Thomas Wright Belfield sent a Petition (complaint) “of the undue election of Mr. Henry Downs” to the House of Burgesses.
It seems that several years earlier, in 1721 in Prince George County, Maryland, that Downs and two other men stole a sheep from an un-named neighbor, and were sentenced and punished accordingly. It is assumed that Henry Downs was in his early to mid 20’s during this incident, since most sources list his birthdate between 1694-1698. There may have been some “political motives at play” since there were several “contested and bitter elections” in Orange County for the House of Burgesses in 1741. [1]
This notice was entered into the minutes of the House of Burgesses as follows:
Saturday, May 8, 1742.
The House being informed, that Mr. Henry Downs, a Sitting Member, has been guilty of many scandalous Practices; of which he has been convicted, and thereupon received condign Punishment,
This Petition was referred to the “consideration of the Committee of Priviledges and Elections”, and on the following Tuesday, heard testimony, (including Henry Downs’ denial of being the same person listed in Prince George County, Maryland records) reported the following and voted unanimously to expel Downs from the House:
Tuesday, May 11, 1742.
Mr. Conway, from the Committee of Privileges and Elections, reported,
THAT they had had under their Consideration, the Information against Mr. Henry Downs, a Sitting Member, to them referred; and had examined the Matter thereof, and heard the said Mr Downs; Whereupon it appeared to the Committee, from the Transcript of a Record of the Court of Prince George County, in Maryland, produced to the Committee, duly attested by the Clerk, and certified under the Public Seal of the said County, That at a County Court of the Right Honourable the Lord Proprietary of that Province, held at Marlborough Town, in and for the County aforesaid, on the Twenty Seventh Day of June, One Thousand Seven Hundred and Twenty One, Henry Downs, together with Edward Brown, and James Jones, all of the said County, were indicted of Felony, in stealing one Sheep, of a white Colour, of the Price of Ten Shillings, the property of a certain Person unknown, on the Twenty Ninth Day of August then last past, at a Place called the Chapel, in that County: And that the said Downs, upon his Arraignment, the same Twenty Seventh Day of June aforesaid, did confess himself guilty of the Felony and Theft, so as aforesaid laid to his Charge, and put himself upon the Grace and Mercy of the Court. And thereupon, it was considered by that Court, that the same Henry Downs, by the Sheriff of that County, from the Bar to the Whipping-Post, should be taken; and there being stripped naked, from the Waist upwards, receive on his bare Back Fifteen Lashes well laid on, by the Sheriff aforesaid, so that the Blood appear: And that after the Whipping aforesaid, the said Henry Downs, by the Sheriff aforesaid, be put on the Pillory, for and during the Space of Half an Hour. And afterwards, the said Henry Downs, the same Twenty Seventh Day of June aforesaid, was, with the Consent of one Jacob Henderson, Clerk, (his Master) sold by the Court aforesaid, for One Year and Nine Months, to one John Middleton, Planter, to discharge the Fees of the Conviction aforesaid. But the said Henry Downs, the Sitting Member, denied, before the Committee, that he was the same Henry Downs mentioned in the said Record: But it appeared to the Committee, from the Testimony of several Gentlemen, Members of this House, That the said Henry Downs, the Sitting Member, had lately confessed himself to be the same Henry Downs, mentioned in the Record aforesaid. Therefore, upon “the Whole, the Committee had come to several Resolutions; which he read in his Place, and afterwards delivered in at the Table; where the same was read.
And the said Mr. Henry Downs was heard in his Place, and withdrew. Then the Resolutions of the said Committee were again read, and agreed to, by the House, Nemine Contradicente, as follows:
Resolved, That the said Henry Downs having been convicted of Felony and Theft, and punished, as aforesaid, is unworthy to sit as a Member in this House.
Resolved, That the said Henry Downs, for the Causes aforesaid, be expelled this House.
Resolved, That the said Henry Downs be disabled to Sit and Vote as a Member of this House, during this present General Assembly.
[edit]
▼ From Criminal to Sheriff
A few years later, in 1749, a Petition from Henry Downs, then “Sheriff of Augusta County”, was presented to the House of Burgesses for reimbursement for his horse dying while transporting two criminals to the “Public Goal” (Jail). His Petition must have been unimpressive to the Burgesses, since it was summarily rejected:
Wednesday, April 19, 1749.
A Petition of Henry Downs, Gent. late Sherif of Augusta County, was presented to the House; setting forth, That as Sherif of the said County, he was obliged to convey Two Criminals from that County Goal, to the Public Goal: That by the Fatigue of the Journey his Horse died; and praying Relief:
And the Question being put, That the said Petition be received?
It passed in the Negative. Resolved, That the Petition be rejected.
[edit]
▼ Sources
Journals of the House of Burgesses of Virginia, 1742-1747, 1748-1749, The Colonial Press, E. Waddey Co., 1909
http://www.newrivernotes.com/va/vareg1.htm#burgess
.
.
.
. Lyon Gardiner Tyler, ed. 1915. Encyclopedia of Virginia Biography. 5 vols. Lewis Hist. Publ. Co., New York (reprinted 1998 by Genealogical Publ. Co., Baltimore, MD; online at Ancestry.com):
v. 1 p. 324Slaughter, Francis, son of Colonel Robert Slaughter (q.v.), was born in Culpeper, about 1730. Served in the French and Indian wars as lieutenant-colonel of militia, and represented Dunmore county in the house of burgesses in 1772, 1773, 1774, 1775. He married Miss Suggett.Slaughter, Robert, son of Robert Slaughter, born in Essex county 1702. Died in Culpeper county in 1768; commissioned captain of militia on September 2, 1729; later colonel of militia. He was vestryman and churchwarden of St. Marks parish, 1730, member of the house of burgesses 1742; presiding justice for Orange county 1745. He was well known for his fine imported horses. He married, about 1723, Mary Smith, daughter of Augustine Smith, of Essex.
Slaughter, Thomas, son of Robert Slaughter (q.v.), was commissioned in 1756 as lieutenant-colonel of the forces for Culpeper county against the Indians above Winchester. He was burgess for Culpeper in 1756-1758, and though elected to the assembly of
.
http://www.klein-shiflett.com/shifletfamily/PS/1741_Oelec.html
.
(Yet Another) Disputed Election: Orange County, 1741 Submitted by Orange County Historical Society by way of Ruth Porter rsp6212@gmail.com
Originally published in the January/February 2001 issue of the Orange County Historical Society, Inc. Newsletter. Permission to reprint granted Jan. 2001 by the author, Ann Miller
In the wake of the controversy over alleged voting irregularities in the recent presidential election, it’s worthwhile to remember that disputed elections have a long history in America. By now, many of us have heard about the startling similarities between the contentious presidential elections of 2000 and 1876. However, Orange County has its own contribution to the annals of contested elections: the 1741 contest for Orange County Burgess, which occasioned a full-fledged legislative investigation and resulted in both of the county’s Burgesses being unseated and expelled from office. Robert Slaughter was found to have been “not duly elected” as the result of questionable polling practices (including physical assaults and related disruptions perpetrated by his supporters). A separate investigation identified Henry Downs as a former indentured servant and felon who had fled Maryland (where he was “guilty of many scandalous Practices” and had been convicted of “stealing one Sheep, of a white Colour”) before reinventing himself as a member of the Virginia gentry. (See Journals of the House of Burgesses of Virginia, 1742-47, pp. 7, 11, 13, 16, 48, 50-51, 53, 69).
After a new election, George Taylor was seated as a Burgess for Orange County; the name of the second new Burgess is not documented. After the 1742-1747 Assembly was dissolved, Taylor and John Spotswood were the winning candidates n the subsequent election, for the 1748-1749 Assembly.
Election disputes due to legal challenges, irregularities at the polls, fraud, and even occasional election day “riots” can be seen in the records of the Virginia Assembly right from the first Assembly in 1619. Below we present the report of the investigation of the 1741 Orange County election as recorded in the proceedings of the House of Burgesses:
(Friday, June 4, 1742) Mr Conway, from the Committee of Privileges and Elections, reported, That the Committee had had under their Consideration, the Petition of Mr. Thomas-Wright Belfield, to them referred; complaining of an undue Election and Return of Mr. Robert Slaughter, sitting Member and Mr Henry Downs, lately expelled from this House to serve as Burgesses, in this present General Assembly for the County of Orange; and the Depositions of divers Witnesses as to the subject Matter of the Petition, taken and returned, pursuant to the Resolution of this House; and have agreed to a Report. That it appeared to the Committee, from the said Depositions, that Mr Robert Slaughter, Mr Henry Downs, Mr Thomas-Wright Belfield, Mr Thomas Chew, Mr Zachariah Taylor, Mr William Russell, and Mr James Wood, stood Candidates for the Election; and that the Poll was opened on Friday the Twentieth Day of November last, about Twelve of the Clock. That as soon as the Poll was opened, John MacCoy, Honorius Powell, John Snow, and Timothy Terrill, and several others, throng’d into the Court-house in a riotous Manner, and made such a Disturbance, that the Sheriff and Candidates were obliged to go out of the Court-house, ’til the House was clear’d, and the people appeas’d: And that the said Mr Chew, whilst he was on the Bench, called for a Bowl of Punch, and had it brought to him; upon which, the Sheriff stay’d the Poll, and said he would not have any Punch drank on the Bench, but wou’d have a fair election; to which Mr Chew replied, he would have Punch, and drink it, and that the Sheriff should not hinder him. That as soon as the Tumults were appeas’d, the Candidates and Sheriff return’d into the Court-house, and proceeded in taking the Poll; Mr Jonathan and John Newport, the Under-Sheriff, at their Desire and Permission, standing at each of the Court-house Doors, with drawn Swords across the Doors, in order to let the Voters pass in and out quietly and regularly in their polling. That after the Under-Sheriff was placed at the Door, one Mr John Rucker came to the Door, and demanded Entrance, which he had; and then the said Rucker threw the Under-Sheriff and another Person headlong out of the Doors; and when the Under Sheriff recovered his Post, the said Rucker insisted to clear the Doors, so that everyone might have free Entrance, and seized the Under-Sheriff’s Sword with both his hands, endeavouring to break it, which the Under-Sheriff prevented, by drawing it through his Hands. That then one John Burk came to the said Rucker’s Assistance, and laid violent Hold on the Under-Sheriff, who was rescued by the By-standers. That towards Night, Mr Gibson quitted his post at the Door, and immediately the people throng’d into the Court-house in a drunken riotous Manner, one of them jumping upon the Clerk’s Table, and dancing among the Papers, so that the Sheriff was unable to clear the Bar, or the Clerks to take the Poll: Whereupon the Candidates desired the Sheriff to adjourn the Poll ’til Eight of the Clock the next morning; which he refus’d to do, unless the Candidates would give him Bond to indemnify him, saying, that by Law he was oblig’d to Compleat the Election on the day appointed, or to return the two foremost Candidates as Burgesses; and several of the Candidates agreeing to give such Bond, the Under-Sheriff, by Direction of the High-Sheriff adjourned the Poll ’til Eight of the Clock next Morning; and thereupon a great many of the Freeholders who had not voted, returned home; and Mr Chew and Mr Belfield went to Mr Belfield’s house, near the Court-house, desiring Mr Russell to see Justice done them in their absence. That when the Sheriff had prepared a Bond ready for the Candidates signing, Mr Russell carried it to Mr Belfield’ s, and offered it to Mr Chew and Mr Belfield to execute, who refused, saying the Poll was adjourn’d, and their Friends gone home. That when the said Russell returned to the Court-house, and the Sheriff understood that the Candidates would not sign the Bond, he caused Candles to be lighted about Eight of the Clock at Night, and opened the Poll; and thereupon Mr Russell, with several of the Freeholders, went into the Court-house, desiring the Sheriff to clear the Bar, and suffer those Freeholders to be polled; which he refused, and immediately proclaimed Mr Slaughter and Mr Downs duly elected, to serve as Burgesses for Orange County; notwithstanding Mr Russell, in Behalf of himself and Mr Belfield, forbid him so to do. And that a great many of the Freeholders returned the next Morning according to the Adjournment, in order to give their Votes, and were disappointed. It also appeared to the Committee, that the said John Rucker did, before and during the Time of the Election, give several large Bowls of punch amongst the people, crying out for those Persons who intended to vote for Mr Slaughter to come and drink of his Punch; and that the said Rucker stood at the Court-house, and kept out those who were Mr Belfield ‘s Friends and after the Election was over, confessed he had won several Pistoles upon Mr Slaughter’s being elected the first Burgess. Whereupon, upon the whole Matter, they had come to several Resolutions, which he read in his Place, and afterwards delivered in at the Table.
(Saturday, June 5, 1742) The House proceeded to the Consideration of the Report from the Committee of Privileges and Elections, made yesterday. And the same was read, and with an Amendment, was agreed to, by the House, as follows:
Resolved, that Mr Robert Slaughter, the Sitting Member, is not duly elected and returned a Burgess, to serve in this present General Assembly, for the County of Orange.
Resolved, that Mr Richard Winslow, Sheriff of the County of Orange, John Rucker, John Burk, John MacCoy, Honorius Powell, John Snow, and Timothy Terrill, are guilty of great Misdemeanors, and Breaches of the Privileges of this House.
Ordered, That Mr Richard Winslow, Sheriff of the County of Orange, John Rucker, John Burk, John MacCoy, Honorius Powell, John Snow, and Timothy Terrill, be sent for, in Custody of the Serjeant at Arms.
Ordered, That an Address be made to the Governor, to order a new Writ to Issue, for Electing new Burgesses, to serve in this present General Assembly, for the County of Orange, in the Room of Mr Henry Downs, expelled this House, and Mr Robert Slaughter, who is not duly elected, to serve for the said County. And that Mr Beverley do wait on the Governor, with the said Address.
(Saturday, June 19, 1742) A petition of John Rucker, John MacCoy, Honorius Powell, and Timothy Terrill; setting forth, That they had surrender’d themselves into the Custody of the Serjeant at Arms, pursuant to an Order of this House: And that they were truly sensible of their Offences, and unfeignedly sorry for the same; and promised their Behaviour should be such, for the future, as not to incur the Displeasure of this House; was presented to the House, and read:
Ordered, that the said John Rucker, John MacCoy, Honrius Powell, and Timothy Terrill, be brought to the Bar of the House: And that they receive a Reprimand from the Chair: And that they then be discharged out of Custody, paying Fees.
They were accordingly brought to the Bar; and Mr Speaker spoke, as follows: John Rucker, John MacCoy, Honorius Powell, and Timothy Terrill, This House have Resolv’d That you have been guilty of great Misdemeanors, and Breaches of the Privileges of this House, in obstructing the Orange Election: But in Consideration of your confession and Submission, they have been so favourable to you, as to command me only to reprimand you; and I do reprimand you accordingly: And I am further to acquaint you, That it is their Pleasure, that you be discharged out of Custody, paying Fees. .
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
