The writing of Hampshire County history is not an easy task.
Many of the sources that most people are familiar with are commonly
referred to as "anecdotal" sources. This means that they are based more on
verbal sources (or people's memories) than on contemporary records.
Kercheval's History of the Valley of Virginia and even Maxwell
and Swisher's History of Hampshire County
are based more on oral history than on written records. Over the
years these sources get quoted often, and eventually people believe they
are actual, verifiable facts. The story of Romney's founding suffers from
this shortcoming.
In order to understand the question of what is West
Virginia's oldest town one should go to the source. That source is the
Journals of the Virginia House of Burgesses. The House of Burgesses was
the lower house of the colony 
somewhat comparable to our present House of Delegates or the U.S. House of Representatives.
The upper house was the Council of the Colony. The executive who was the final authority to
sign bills (like our State's Governor or the U.S. President) was the Governor. In 1762 that
office was filled by Francis Fauquier who was lieutenant-governor from 1758 to 1768. He was
actually the representative for John Campbell, Earl of Loudoun, Governor General of the American
Colonies (1756-1763). The office of Governor was an honorary title that allowed its holder to
appoint a lieutenant-governor to actually go to the colony and act for him. Lord Loudoun appointed
Fauquier as his stand-in.
To become a "Town" a community had to petition the
House of Burgesses which would then write a bill. As with other bills, it
might go to a committee for study and then would require three readings in
the House. If passed it would go the Council and then be signed by the
Governor. Until the bill was signed by the Governor (or Lieutenant
Governor) the community was not a Town.
The first town that was
suggested for incorporation in Hampshire County was actually "Tucker's Plantation". The citizens
of Hampshire County petitioned the House on Friday, November 5, 1762 for this to be established
as a town. For some reason the Burgesses eventually rejected this petition. Today it is not clear
exactly where Tucker's Plantation was.
A week later on Friday, November 12, 1762, the
Journal of the House of Burgesses notes "A Petition of sundry Inhabitants
of the County of Hampshire, setting forth that the Right Hon. the Lord
Fairfax has laid 
off 50 Acres of Land at a Place called Pearsall's Level, in the said County, and praying that a Town may be established thereon, and that they may enjoy the usual Privileges with other Towns in this Colony, was presented to the House and read." It was then "Ordered, That a Bill or Bills be brought in pursuant to the said Petition, and it is referred to Mr. Mercer and Mr. Rutherford [the representatives from Hampshire County] to prepare and bring the same." [pp.90-91] However, the Journal notes just before this it was resolved, "That the Petition of sundry Inhabitants in, and adjoining to, a Place called Shepherd's Town, in the County of Frederick, praying that an Act may pass for Establishing a Town at that Place is reasonable." It was "Ordered, That a Bill or Bills be brought in pursuant to the said Resolutions, and it is referred to the Committee of Propositions and Grievances to prepare and bring in the same..." Unfortunately, things get a bit complicated at this point. The record does not again refer to this petition for "Shepherd's Town."
About a week later on Thursday, November 18th, Hampshire County's Burgess,
Mr. Mercer, in response to the petition by the citizens presented a "Bill For establishing the Town
of Romney, in the County of Hampshire; and the same was read the first Time, and ordered to be read
a second Time." [p.100] This was the same day that the initial petition for Turner's Plantation was rejected.
All bills had to be read three times before final action, and on Saturday,
November 20, 1762, "A Bill for establishing the Town of Romney, in the County of Hampshire, was read
a second Time, and committed to Mr. Richard Henry Lee and Mr. Henry Lee..." [p.105] This sending of
the bill to a committee of the Messrs. Lee was apparently prompted by the legislative habit of tacking
amendments onto ordinary bills that are expected to pass. It would be almost three weeks before the
bill reappears in the House.
On the 22nd, two days after
Romney's bill was sent to committee, "Mr. Attorney, from the Committee of Propositions and
Grievances, presented to the House, according to Order... a Bill for establishing the Town of
Mechlenburg, in the County of Frederick." This bill was read the first time, and ordered to be
read a second Time. [p.106] It was read a second time the very next day. [p.110] It is assumed
that this is the same town as the earlier proposed "Shepherd's Town." This bill was read the third
time and passed on November 25th and sent to the Council. On November 30th the Council approved the
Mecklenburg bill. It was now ready for the Governor's consideration. We must note that the town was
not yet legally established.
Finally on Friday, December 10,
"Mr. Richard Henry Lee, from the Committee to whom the Bill For
establishing the Town of Romney, in the County of Hampshire, was referred, reported that the said
Committee had had the said Bill under their Consideration, and had made several Amendments thereto:
which he read in his Place, and then delivered the Bill with the Amendments in at the Table, where
the Amendments were again twice read, and agreed to by the House." It was then "Ordered, That the
said Bill, with the Amendments, be engrossed, and read a third time." [p.144] The third reading
occurred on Dec. 13th when the bill was passed. [p.148] These amendments concerned and addition
to the Town of Williamsburg and some matter regarding the Town of Dumfries.
The Romney bill was sent to the
upper house. On Friday, December 17, the Council notified the House of Burgesses "that it have
agreed to the Bill entitled, An Act for establishing the Town of Romney, in the County of Hampshire,
and for other Purposes therein mentioned." [p.154] It was now ready for the Governor's signature.
Neither Romney nor Mechlenburg/Shepherdstown were legally established at this time.
The final day of this legislative session was Thursday, December 23, 1762.
The House enrolled their bills and resolves [organized and certified them] and, when summoned by the
Council to attend the Lieutenant-Governor, Francis Fauquier, they presented their bills and resolves.
Below are listed in numerical order some of the bills signed by the Governor that day:
- Number 19 "For establishing the Town of
Charlottesville, in the County of Albemarle."
- Number 20 "For establishing the Town of Romney,
in the County of Hampshire, and for other purposes therein mentioned."
- Number 21 "For establishing the Town of
Mecklenburg, in the County of Frederick."
- Number 22 "For establishing the town of Hanover,
in the County of Hanover."
- Number 31 "For dissolving the Vestry of the Parish of Hampshire, in the County of Hampshire,
and electing a new Vestry in said Parish."
The Governor also established several
ferries and ordered two bridges (over a branch of the James River in
Albemarle County and over the Nottoway River). He also settled several
matters of pay by "allowing the several Officers of the Virginia Regiment
6 months pay" and giving specific sums to Major Andrew Lewis, William
Bronaugh, Col. William Peachey and Mr. George Mercer. [pp.164-165]
It was a busy day for the
Governor. However, one should note that although Romney's petition was
originally presented to the Burgesses on November 12th after the one for
"Shepherd's Town", Romney's was signed by the Governor before Mechklenburg's (later changed
to Shepherdstown). This is why Romney claims to be the oldest town in what is now West Virginia;
its bill was signed first. It is indeed the oldest incorporated town. However, one
should note that Shepherdstown is some fifty or more miles east of Romney and located much closer
to the Potomac River. It is logical that it was settled earlier because of it location; however,
there is no known documentation as to its process of settlement. It just depends on what
one means by the term "oldest town;" being "settled" and being legally established are two
different things!
