History of Western Maryland. J. Thomas Scharf
" Daniel Cresap,
" Benjamin Brookes,
" Commissioners."
At the session of the Legislature in 1789 a petition was presented asking for the erection of a new county, and the following act was passed on the 25th of December of that year:
"An Act for the division of Washington County, and for the erection of a new one by the name of Allegany.
"Whereas, A number of the inhabitants of Washington County, by their petition to the Gener.al Assembly, have prayed that an act may pass for a division of said county by Sideling Hill Creek, and for the erection of a new one out of the western part thereof, and it appearing to this General Assembly that the erecting such a new county will conduce greatly to the due administration of justice and the speedy settling and improving the western part thereof, and the ease and convenience of the inhabitants thereof,
" II. Be it enacted by the General Assembly of Maryland, That all that part of Washington County which lies to the westward of Sideling Hill Creek shall be and is hereby erected into a new county, by the name of Allegany County, and the inhabitants thereof shall have, hold, and enjoy all such rights and privileges as are held and enjoyed by the inhabitants of any other county in this State.
" III. And be it enacted, That the County Court and Orphans' Court for Allegany County shall be held at the town of Cumberland until the voters of said county, by election to be held as hereinafter provided, shall determine on some other place; and until a place may be fixed on by the said election, and a court-house shall be built, the justices of said county may contract and agree at the county charge for a convenient place in the said town to hold their courts, and for a convenient place in the said town for the keeping of their books, papers, and records.
" IV. And be it enacted, That all causes, pleas, processes, and pleadings which now are or shall be depending in Washington County Court before the first Monday in December, 1790, shall and may be prosecuted as effectually in that court as if this act had not been made; and in case any deeds or conveyances of land in that part of Washington County now called Allegany County have been or shall be, before the first Monday in December, 1790, acknowledged according to law, the enrollment or recording thereof in either of the said counties within the time limited by law shall be good and available.
" V. And be it enacted, That the county charge of Washington County heretofore assessed shall be collected and applied as if this act bad not been made.
" VI. And be it enacted, That the County Court and Orphans' Court of Allegany County shall first be held on the first Monday in April, 1791, and the said County Court be afterwards held on the first Monday in April and September, yearly, and the said Orphans' Court shall lie afterwards held on the second Monday in the months of June, August, October, and December, and the same courts shall have the same powers and jurisdiction respectively as other County and Orphans' Courts within this State.
" VII. And be it enacted, That all civil causes to be brought in Allegany County shall be determined within two courts from the Appearance Court, and none shall continue longer, unless, under such circumstances as civil causes in other County Courts may be continued longer than three courts from the Appearance Court.
" VIII. And be it enacted, That the Governor and Council be authorized and required to commission fit and proper persons as justices of the peace, and fit and proper persons as the Orphans' Courts, as also surveyor and other officers, and that a fit and proper person be appointed by the Governor and Council sheriff of Allegany County, and be commissioned and qualified in the usual manner: to continue in office until a new appointment shall take place in the other counties of this State, under an election according to the constitution and form of government.
" IX. And be it enacted. That at the first election to be held in the said county for sheriff, the voters of said county shall and may, by a majority of votes, determine the place at which the courts of the said county shall be held after the said election."
Thus Allegany County was organized. It was created wholly out of the territory of Washington County, the latter parting with more than two-thirds of its superficial area, 672,000 acres, and a population of .5000 inhabitants. The act creating the county made no provision, as will be seen, for a voting-place, but elections were held until 1799 at Cumberland, which had been chosen by the people as the county-seat. Fortunately for the comfort of the citizens there were few officers chosen by ballot in those days, the only county officials being members of the Legislature and sheriff, or the electors would have been subjected to great inconvenience in traveling from Sideling Hill Creek on the one side, and Fairfax Stone on the other, to exercise their right as freemen. Many persons in those days were absolutely debarred from voting by the distance to be traversed, as was the case also in the other counties of Maryland, and in 1799 an act was passed by the General Assembly for the appointment of commissioners in every county of the State to lay off the counties into districts. The commissioners for Allegany were John B. Beall, David Hoffman, Thomas Stewart, William Shaw, George Robinet (of Nathan), and Jesse Tomlinson. Allegany was divided into six election districts, numbered from one to six, which were better known by their local names, as the Glades, Selbysport, Westernport, Musselanes, Cumberland, and Oldtown. The county remained districted as above from 1799 to 1817, in which year the Legislature passed an act for the redivision of the county into eight districts, and appointed the following commissioners for that purpose: Isaac Oyman, William Reid, William McMahon, George Newman (of Butler), and John Simpkins. The commission discharged its duty, and divided the county into the required number of election districts. The division of 1799 was generally adhered to, but a new district was established in the eastern end of the county, then and now known as No. 8, or Little Orleans; and in the west No. 3, or Little Crossings, as it was known till 1850, when the polls were removed from this place to Grantsville by an act of the Legislature. The latter is the largest district in Garrett County, both in point of territory and population, having over four hundred voters, double the number of the district (Selbysport) from which it was taken. A considerable amount of its jurisdiction and population were added to Frostburg in 1856.
The members of the board which made the division are now dead. McMahon was the father of the eminent lawyer John V. L. McMahon. Reed was a prominent man of the county, and died in 18-18. Newman was a " Little Crossing's" man, and has been dead for fifty years. Simpkins lived in Selbysport District.
Since 1817 no general districting of the county has been made. As new districts were from time to time' needed for the convenience of voters, they were authorized by acts of the Legislature, and laid off by three commissioners named in the act, who reported their proceedings to the County Court. By the act of 1835 Ryan's Glades, or No. 10, was established; 1849, Accident, or No. 11; 1852, Nos. 12 and 13; 1852, No. 14, or Song Run. In 1860 Nos. 15 and 16 were " surveyed and laid out." These two districts are now known as Oakland and Lonaconing respectively. In 1872 the 17th District was created for the benefit of the Barton voters.
The county of Allegany displayed a proper spirit of patriotism upon the breaking out of the last war between the United States and Great Britain. Her citizens volunteered promptly, and several large companies marched to Baltimore to defend that city from the threatened attacks of the British forces, The record will be found in the chapter on the war of 1812.
Early Court Proceedings. — The first court in the county met April 25, 1791, at John Graham's house. Andrew Bruce, on producing his commission as associate justice, was sworn in and opened court. The officers were John Beatty, clerk; John Lynn, clerk; and Jeremiah Willison, crier. On the third day, Richard Potts, chief justice, appeared and took his seat, as also did John Simpkins, the second associate judge. The following attorneys having paid the State license of three pounds each were admitted to practice law: William Claggett, John Johnson, Lenox Martin, George Magruder, and Samuel Selby, of whom Mr. Martin was prosecutor for the State, having received his appointment from the attorney-general of Maryland. The court continued in