Earliest Boucher Beginnings in Southwest Virginia

Earliest Boucher Beginnings in Southwest Virginia

When Augusta County was created from Orange County in 1745, it extended from the Blue Ridge to “the utmost limits of Virginia.” From 1745 to 1770, Augusta was a giant parent county and maintained this territory for such a long time due to the turmoil of the French and Indian War and its retarding effect on settlement. Augusta County is the starting point for records relating to the Boucher family in Virginia. Joshua Boucher was mentioned in an early court case. Joseph Butcher and Elisha Pepper appeared on delinquent tax lists.

These few records place the Boucher men on the Virginia frontier in 1766. Joseph and Joshua Boucher were probably the parents of the next generation of Bouchers living in southwest Virginia. Elisha Pepper was related by marriage, according to tradition. Since they were mentioned in court records in 1766, they were born at least twenty-one years prior to that time. They would have been born before 1745.

Botetourt (pronounced body-tot) County was created from Augusta in 1769. If you were to look at a map for 1770, you would find that Botetourt County extended to the Mississippi River, and included in its borders the westernmost part of Virginia, the southern part of West Virginia, Kentucky, Ohio, Indiana and part of Illinois.

In Virginia, residents were required to pay poll taxes or Tithables. Each year the County Court appointed commissioners to make the lists. The tax was levied on each white male over the age of sixteen, except for certain public officials while in office. The Tithables lists are invaluable as a source since they show who was living in the area at the time. Assignments for each district were outlined in the Botetourt County Court minutes at a court held May 10, 1770:

Ordered that William Christian take the list of Tithables on James River and the pastures from the mouth of Craig’s Creek upwards including Green Brier settlement. William McKee from the County line to Buffaloe Creek from mountain to mountain. Bejamin Estill from the south side of Buffaloe Creek to James River from mountain to mountain. Stephen Trigg on Craig’s Creek Catawba and the waters thereof. Andrew Woods from the waters of Catawba down James River and up the mountain to the Stone House including the Cove and Tinker’s Creek to the head. John Bowman from the Stone House to the Bedford line and between the mountains as high as Fort Lewis. Philip Love from Fort Lewis to the head of the South and North Fork of Roan Oak. William Ingles on New River and the waters thereof on both sides as high as Sayer’s. William Herbert on New River and the east side thereof to the line, also Cripple Creek as high as Hamiltons. Walter Crocket from Sayer’s to the head of Reed Creek. Anthony Bledsoe from Stalnakers to the lower inhabitants Including Clinch Settlement. (Summers, Annals of Southwest Virginia, 82.)

The above assignments give an idea of the different settlements in Botetourt County. It was a huge task to account for each taxpayer in such a large geographical area. The Greenbrier River is a tributary of New River. This area was located along the eastern border of the present state of West Virginia. It is where the Boucher people lived between 1770 and 1775. On August 12, 1771, this note, possibly written by Benjamin Hawkins, whose name appeared at the front of the list said, “The court ordered me to take a list of the Tithables but they never came to my Hands while ten days before our last court was sitting. When attempted to go these but found the rivers and creeks too high besides I was well informed that the inhabitants would not render any lists.” Another note made by Jonathan VanBibber shows the difficulty of the task of locating and collecting from the people who lived on the waterways of the Greenbrier River. He wrote: "Please your worships, I have at two sundry times advertised to the inhabitance of greenbrier to give me in there lists of Tithables and also to the names that was givin in to me I have sent them in this list by Crl. John Robeson, the remainder of which I believe by my calcalation are about three hundred and upwards living on these waters. Given under my hand this 5th day of November 1772, by Jno. VanBibber. At this time I am not able to come to court. (Virginia County Court (Botetourt), Lists of Tithables, 1770-1789. Richmond, Virginia: Virginia State Library, 1973, from Family History Library film 1906467, 44 & 61.)

It appears that the residents of the Greenbrier River area were an elusive bunch. Despite the struggle to find people, lists were made, and Tithables collected. Samuel Boutcher was enumerated on June 1, 1770. Joseph Boucher and Elisha Pepper were on James Trimble’s list in 1771 for the north of Buffalo Creek area. Jonathan Smith’s Company of 1772 showed Joseph and Joshua Boucher with Elisha Pepper. On November 5, 1772, Elisha Peper and Josaph Bucher were on the Greenbrier. Joseph Bucher was on the Greenbrier again in 1773. In 1774, Benjamin Estill took a list that included Joseph Butcher, Thomas Campbell, Elisha Peper and Joshua Butcher. Another list of Tithables on “Indian Creek, Island Creek, Sink Hole Lands, both sides of Greenbrier River from the influx of Muddie Creek” showed Elisha Pepper and Joshua Boucher. On March 7, 1775, the Tithables for Greenbrier listed Jos. Boucher and Elisha Pepper on Muddy Creek.

Since the records are old, they are difficult to read. Some are dated and some are not. What they show, is a picture of Joseph and Joshua Boucher traveling in company with Elisha Pepper, Thomas Campbell and others whose relationships to them are not yet identified. Names frequently associated with the Boucher family are among those listed on the Tithables. Some of these are Hoskins, Campbell, English, Farris, McClanahan, Pepper, Porter, Gray, Burns, Hawkins, and Cocke; all constituting a community of heritage.

The American Revolution interrupted daily life in Virginia. Because of the war, there were no land grants between 1775 and 1779, when an act establishing the Land Office was enacted. A register, elected by the General Assembly, was to administer the distribution of Virginia's waste and unappropriated lands. Under the act, any person could purchase as much land as desired for forty pounds per one hundred acres, paid to the Treasurer. The purchaser received a receipt to take to the Auditor of Public Accounts, who issued a certificate noting the amount of land to which the person was entitled. The certificate was then taken to the Land Office where the Register entered a warrant authorizing a surveyor to lay off, or set aside the land. The warrantee entered a claim to the land by depositing the warrant with the surveyor of the county in which the land was located. Military warrants were given for service in the French and Indian War.

There were also Certificates of Settlement and Preemption. Anyone who had made an improvement and planted a crop prior to January 1, 1778, was entitled to a 400-acre Certificate of Settlement. The process was the same. The Warrant was presented to the county surveyor at the land office. He made a written description of the land and recorded it in the Entry Book. Once a survey was completed, it and the warrant on which it was based, were returned to the warrantee whose responsibility it was to deliver the papers to the Land Office. The Register examined the documents, and, if correctly executed, they were filed for a period of not less than six months. If, within that time, no caveat was entered on the survey, the plat and certificate of survey were recorded and the Register issued the grant. Once written, grant was signed by the governor, sealed, recorded, and delivered to the grantee.

An additional 1000 acres, adjacent to the Certificate of Settlement land, could be purchased through a Preemption Warrant. There were different rights relating to these lands. The preemption warrant gave a man the right to purchase land adjoining his before anyone else, including military claims. The privilege to do so was contingent upon certain requirements called corn rights, or that settlers had to have made a crop of corn or resided on the land at least one year from the time of their settlement. Improvement rights applied to those who had built any house or hut or made an improvement. When an assignee received a warrant from someone else, he had the same rights as the previous owner.

In Greenbrier County, formed on March 1, 1778, Robert Carber received 400 acres by settlement before the first day of January 1778 as assignee of Joshua Boucher, who was assignee of William Griffin, on January 19, 1780. William Shanks was entitled to 400 acres as assignee of Elisha Pepper, including a “survey made for said Pepper in the year 1774” in Greenbrier County. It was dated January 15, 1780. While the Bouchers and related families had already moved south into Washington County, Virginia, these two entries show their presence in the Greenbrier area as they registered and disposed of their Greenbrier lands.

The Wilderness Road extended from the Greenbrier area south to Powell’s Valley, located in southwest Virginia. The valley is long and narrow, about one hundred miles in length and about fifteen miles wide. The valley lies between Cumberland Mountain to the north, and Powell’s Mountain and Newman’s Ridge on the south. Running through it, is Powell’s River. North Fork enters the river near Pennington Gap near a well-known rock formation called Old Stoneface. To the south, between Powell’s Mountain and Wallen’s Ridge, Wallen’s Creek flows for twenty-five miles, beginning near Kane’s Gap on the mountain, and merging with Powell’s River after breaking through Wallen’s Ridge. The valley opens into a gap east of the Cumberland Gap. This is where the famous Wilderness Trail passed into Poor Valley Ridge before its ascent of Cumberland Mountain. Most early settlers to this area were on their lands by 1775, as were the Bouchers. They dealt with the Indian dangers, and participated in defending their property and families, as well as supporting the American Revolution through the fort system. Many of the men who lived around them had also lived with them on the Greenbrier.

Joseph Butcher’s 1000-acre land preemption dated August 14, 1781, was “in Washington County on the South Fork of the River adjoining his improvement.” Another warrant was for 1000 acres on Sinking Creek, dated August 14, 1781, with Robert Preston named as assignee. This warrant shows two spellings for Joseph, one as Butcher and the other as Boucher. On November 12, 1783, Joseph Bucher was assignee of William Howard for 86 acres “on the north side of Powell’s River below the mouth of the north fork.” An early mention of Joshua Boucher is contained in an entry for Samuel Young on May 3, 1787 for “4000 acres in Powell’s Valley on the south side of Joshua Boucher’s land.” At a later date, Joshua Bucker had “970 acres on both sides of Powell’s River above and below the Buffaloe [sic] Ford” dated September 14, 1792.

Thomas Campbell received 1000 acres, dated November 17, 1783, “on both sides of Powell River below the waggon [sic] ford. . . crossing the river corner to William Fork’s land. . . on the north side of Wallin’s Ridge.” An entry for James Thompson adds further detail. It states, “Turkey Cove in Powell’s Valley on both sides of the Wagon Road. . . to Thomas Campbell’s land. . . actual settlement made in 1775.” William Fork received 330 acres “on both sides of Powell’s River between the lines of Thomas Campbell’s and Joseph Boucher’s land.” Another entry for William Fork stated “William Willson. . . 400 acres. . . on the north side of Powell’s River below the Waggon [sic] Ford, includes improvements, actual settlement made in 1775. . . September 6, 1782. . . assigned to William Fork, August 27, 1783.” William Fork also had “330 acres on both sides of Powell’s River between the lines of Thomas Campbell and Joseph Bucker” in Washington County dated July 5, 1785. William Fork is the man who married Susannah Boucher after Indians killed her husband, Joshua, in 1781. While Fork does not appear in the Greenbrier Tithables Lists, he is mentioned in early court records for the Greenbrier area.

An entry referring to all of the Boucher men and others related to them, was for Charles Pryor for 6000 acres, dated July 21, 1783 “in Powell’s Valley on the south side of James Thompson, Thomas Campbell and William Fork’s land. . . beginning corner to Thompson. . . corner to Campbell. . . corner to Fork. . . on the Bucher’s line, April 27, 1786.”

Emory Hamilton provided the following analysis of the Boucher property in his account of the deaths of the two Joshua Bouchers and Elisha Pepper: “In a land lawsuit in the High Court of Chancery of Augusta County, Virginia, Simon Ely vs. James Thompson, one deponent makes this statement: The settlement made by James Arbuckle was 14 or 15 miles down from the head of the valley and Butcher’s settlement was between Arbuckle’s and the head of Powell Valley. Since we know that Arbuckle’s settlement was in Turkey Cove, this places Butcher’s settlement in the valley between the present village of Dryden and the Wise County line. Their lands joined the lands of Thomas Campbell, General Evan Shelby and his son-in-law James Thompson. Neither Shelby nor Thompson ever lived on their lands but pastured cattle in the summertime in Turkey Cove. The land of Campbell and Joshua Butcher were located near the “Wagon Ford” which is probably the same place later known as “Litton’s Ford” of Powell River, near Dryden.” (Hamilton, Mullins, Weaver, Unsettled Settlements, Indian Forays on the Holston and Clinch Rivers, 1773-1794. Clintwood, Virginia: Mullins Printing, 1992)

When Joshua Boucher, Sr., Joshua Boucher, Jr., and Elisha Pepper were killed in 1781, their widows were appointed to administer their estates at the Washington County Court session for August 21, 1782.

“On Motion of Susannah Butcher, Administration is granted her on the Estate of Joshua Butcher Deceased who made Oath thereto and entered into and acknowledged her Bond

in the Sum of 300 pounds with Thomas Campbell and Josiah Payne her Securitys. Ordered that Charles Cox, John Campbell, James Campbell, James Price or any three of them being first sworn appraise the Estate of Joshua Butcher Deceased and make return to the Court.

On Motion of John Campbell, Administration is Granted him on the Estate of Elisha Pepper Deceased who made Oath thereto and entered into and acknowledged their Bond in

the Sum of 200 pounds with Samuel Newell and William Cowan his Securitys. Ordered that Charles Cox, William Blackemore, Josiah Payne and Thomas Campbell or any three of them being first sworn apraise the Estate of Elisha Pepper Deceased and make return to next court.

On Motion of Katherine Butcher, Administration is granted her on the Estate of Joshua Butcher Deceased who made Oath thereto and Entered into and acknowledges her Bond in the Sum of 200 pounds with Samuel Newell and Charles Cox her Securitys. Ordered that William Blackemore, William Cowan, Josiah Payne and Thomas Campbell or any three of them Being first sworn appraise the Estate of Joshua Butcher Sen., Deceased and make return to Court.” (Summers, Annals of Southwest Virginia, 1110-11.)

On Captain Alexander Barnett’s Powell Valley Tithables for Washington County, Virginia in 1782, Joseph Bucher and Mrs. Katherine Butcher are listed. Katherine, being the widow of Joshua Boucher, had inherited land from him. Thomas Campbell and Charles Cocke are also listed. With Joshua Boucher, Sr. and Elisha Pepper dead, Joseph Boucher became the only known man of record for his generation in the family.

In Washington County on May 2, 1783, it was “Ordered that James Campbell and his wife give Counter security for the Administration of the Estate of Joseph Butcher Deceased and that they be summoned to appear here at the next court.” ( Summers, Annals of Southwest Virginia, 1152.) This Joseph Boucher could have been an even older family member. He could also be the Joseph who traveled with Joshua Boucher prior to that time. Since James and his wife were administering the estate of Joseph, it is likely that he was her father. The prevalence of Campbell men in these records is an indication they were related to the Boucher family. Thomas Campbell, in particular, had lands adjoining the Bouchers. Since the relationships are unknown, it is impossible to determine this deceased Joseph’s relationship to the Joseph Boucher Sr. who was listed on the tax records with Katherine in 1782.

Elisha Pepper, deceased, had an entry for 100 acres “on Powell’s Valley beginning on the south side of Powell’s River.” The date was June 13, 1793. Another entry for the same date was for “306 acres on both sides of the Roaring Branch the waters of Powell’s River.” On January 28, 1803, Elisha Pepper, the son, who was living in Smith County, Tennessee, sold his one hundred acres to John Hoover for $162. The deed referred back to the land grant on June 13, 1793. Tradition holds that Elisha’s mother was a Boucher who was killed by Indians prior to the death of his father in 1781. A history of McMinnville, Tennessee states, “It is a matter of record that he (Elisha Pepper) was born in Washington County, VA in 1777; that his father died when he was a small child, and that he was raised by his uncle, Joseph Butcher.” (Womack, Walter, McMinnville at a Milestone. McMinnville, Tennessee: Standard Publishing Co., 1960, 121.) Since his mother and his father were deceased, he was fortunate to have a strong family unit to provide a home for him. He would have been about four years old when Indians killed his father, Elisha Pepper. His circumstances indicate the family connection between the Bouchers and the Peppers. His land records show the tendency of the Bouchers to hold their land until after they had established themselves in a new area.

Another place mentioned in early records was Sugar Run, “in Powell’s Valley on both sides of Sugar Run and on the north side of Indian Creek a branch of Powell’s River.” Sugar Run was a branch of Indian Creek, which was a branch of Powell’s River. A Washington County Land Survey Book, dated 14 August 1781 reads, “Commissioners certify that William Bucher, heir at law to Joshua Bucher, deceased, is entitled to 400 acres by settlement made in the year 1775, on the mouth of Sugar Run in Powell’s Valley to include his improvements.” He was also entitled to “354 acres on the head waters of Traiding Creek, branch of Powell’s River. . . beginning at the foot of the Poor Valley Ridge. . . dated November 10, 1783.” William Bucher was assignee of Joseph Bucher for 240 acres on December 12, 1781 “on Sugar Run the waters of Trading Creek, a north branch of Powell’s River. . . to William Bucher’s land, March 25, 1786.” In 1796, William and Margaret Boucher of Madison County, Kentucky, sold 354 acres on Trading Creek to William Neil. The first record identifies William as an heir of Joshua Boucher, who was killed by Indians. It does not show which one, but it is most likely Joshua Sr. The second record establishes his tie to Joseph Boucher, and the third record shows the Lee County, Virginia connection to Madison County, Kentucky, and names William’s wife, Margaret. The name of William’s wife further identifies him and separates him from other men with his same name.

Another man who owned land on “both sides of Sugar Run and on the north side of Indian Creek a branch of Powell’s River” was Joseph Gray. His actual settlement on Sugar Run was in 1775. He was also listed in the Botetourt County Tithable Lists. His migration coincides with the Bouchers. While nothing is known about him, Robert’s Boucher’s son, William, married a Gray.

Charles Cocke also started out on the Greenbrier in 1771. He received his 400 acres in Washington County, Virginia on Trading Creek and added another 400 acres as assignee of John Ewing. An entry for Charles Cocke, assignee of Joseph Martin was for 350 acres “below the wagon ford of Powell’s River on both sides of the Road known by the name of Gallip (or Gatliff) place. . . November 15, 1783, Joseph Martin, assignee of William Anderson, 400 acres by settlement made in 1775 in Powell’s Valley known by the name of Big Lick Place, August 11, 1781, assigned to Charles Cocke by purchase on October 8, 1783.” It was signed by Joseph Martin and witnessed by Joseph Boucher. On March 7, 1798, Charles and Eleanor Cocke sold Robert Butcher 182 acres on Trading Creek for $250. Robert went to Kentucky with his family, but returned to Lee County where he made his permanent residence until his death in the 1840’s.

Samuel Butcher’s 1000 acres of land was at Yellow Springs. On August 14, 1781, William Anderson, assignee of Samuel Bucher, for 400 acres by settlement made in 1775 in Powell’s Valley on the river at a place called Yellow Springs, includes improvements.”

Robert Preston and Walter Preston received 1400 acres “on both sides of the middle fork of Powell’s River. . . in a bent of the south fork, up the river, crossing the fork and up the fork, at the forks of the creek, at the foot of Stone Mountain. . . assigned to the Prestons by Joseph Bucher, December 16, 1785.” This record could be the beginning of the Boucher sell-out in Virginia.

One entry for Richard Butcher was for 100 acres “on the south side of Glade Spring branch, an east branch of the Rockhouse Creek, the waters of Powell’s River” on March 27, 1786. Another entry for Charles Carter was dated September 23, 1796 for “214 acres in Powell’s Valley on the north side of Powell’s River adjoining Richard Boucher. Glade Spring is located near Jonesville.

The Russell County, Virginia Court Order Books also provide a bit of information on the Bouchers. In 1786, Joseph Boucher was assigned as overseer of the main road from the Station Camp to Martin’s Station. Joseph Boucher also helped to appraise the estate of William Carr, with a date of February 20, 1787. These entries establish Joseph Boucher’s presence in Russell County as late as 1787.

The Bouchers arrived in Powell’s Valley in about 1775. The 1787 Russell County, Virginia Property Tax List includes Robert Boucher, one tithe, and three males between the ages of 16-21; Joseph Boucher, Sr., and Jr., Richard Boucher, and Susannah Fork (the widow of Joshua Boucher, Jr., who then married William Fork). Unless Susannah owned property separately from her husband, her name on the rolls is an indication William Fork had also died. She is mentioned in Russell County Court records in a suit by John Carter against “Susannah Fork, administrator of Joshua Boucher, deceased, on June 21, 1787.” The suit was dismissed and Susannah was ordered to pay Carter one hundred pounds of tobacco. These are the last entries in Virginia for the Boucher family.

Since the Bouchers appear in court records for Madison County, Kentucky in 1788, we can assume they moved on, having spent ten or fifteen years in Powell’s Valley. From there, they migrated into Kentucky, along with many others. They probably followed the path of the Wilderness Road through the Cumberland Gap. It was the most widely used, but not the only way to move between Virginia and Kentucky. Pennington Gap was another possibility for the men, and would have been a more direct way to get from one side to the other. Pound Gap, just a little farther north, was also a possibility at the time, but was probably too far north. Whichever route they chose, or if they used all three at different times, the Road took them to Kentucky, to the Silver Creek area of Madison County, near Richmond. The advantage of following the Wilderness Road through the Cumberland Gap is obvious, as it passes through Kentucky until it arrives at the Silver Creek area. It would have been an easy route to travel with livestock.

Joseph Boucher, Sr. and Joshua Boucher, Sr., who was deceased, were most likely brothers, and Elisha Pepper’s wife was their sister. There may have been other men and women of that generation. The task is to discover which men of the next generation are descendants of which brother. William, who married Margaret, was a son of Joshua as recorded in land records. Joseph Boucher, Jr., Richard Boucher, and Robert Boucher were sons, but of which man? They were listed near Joseph, Sr. on the 1787 tax list. Was there another Boucher man not listed in the records who could also be a father to these men?

One line written about Edward Pennington, for whom Pennington Gap is named, “With a horse, bridle and flintlock gun he bought a large tract of land from people whose name was Butchers,” may be the only final record of the Bouchers selling their land to move to Kentucky. (Bicentennial Book Committee, Bicentennial History of Lee County, Virginia, 1792-1992. Lee County Historical and Genealogical Society, Inc., and Don Mills, 1992, 4.)