Justice Center (new Orange County courthouse) Site 31Or576
	Legacy Research Associates conducted an archaeological survey for the future Justice Center (courthouse) in downtown Hillsborough, Orange County, North Carolina. This work was conducted for the Orange County Environment & Resource Conservation Department (ERCD) of Hillsborough, North Carolina. The purpose of the archaeological survey was to locate, document, and conduct National Register of Historic Places (NRHP)-eligibility evaluations for archaeological resources located within three areas that may be affected by the construction of the new courthouse and associated parking areas. The tract is located in downtown Hillsborough and is bounded to the north by East Margaret Lane, the circa 1953 courthouse and South Churton Street to the west, South Cameron Street to the east, and a paved parking lot to the south. The archaeological inspection area was the grassy area between East Margaret Lane and the existing paved parking lot associated with the courthouse and the existing paved parking lot. This work complies with the National Historic Preservation Act of 1966 (as amended), the Archaeological and Historical Preservation Act of 1974, Executive Order 11593, and 36 CFR Parts 60-66 and 800 (as appropriate). It meets the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (Federal Register 48). All information submitted in this report is factual and sufficiently complete to enable the North Carolina State Historic Preservation Office (SHPO) to perform the necessary reviews.

Background research found that the land selected for the Justice Center Expansion had been actively used during the historic era since at least 1754 when the town was platted by William Churton. Churton surveyed 400 acres of his own land, including the site where the Trading Path crossed the Eno River, for the town. This location was also near the site of a Protohistoric Occaneechi (Acconeechy) village, possibly visited by John Lawson in 1701. A 1768 of Hillsborough by Claude J. Sauthier shows several structures and outbuildings located within the archaeological investigation area. Two structures appear to be associated with the town spring located on a fork of Stillhouse Branch that flows into the Eno River. This fork is no longer in existence; it most likely was filled in around 1953 when the courthouse and associated parking lots were constructed. The 1768 Sauthier map depicts Hillsborough as being well-settled. Seven roads converge in Hillsborough, attesting to its regional and state importance as a commercial and political center; these roads led to Virginia, Halifax, New Bern and Cape Fear, the Haw field (Hawfields), Cross Creek (present-day Fayetteville), the Quaker Settlement (Snow Camp area), and Salisbury. A contemporaneous description of Hillsborough lists 30 to 40 inhabitants and several stores and taverns, a courthouse, jail, and church. In 1759, Hillsborough established a commission government and appointed five trustees: Daniel Cane, William Churton, William Nunn, William Reed, and James Watson. The trustees established public lots, streets, residential sections, and a commons; Lot 1 was to be used for a market-house, courthouse, prison, pillory, and stocks. Other lots were set aside for a church, school, and public spring, and 200 acres were set aside for the Town Commons. Later laws allowed the commissioners to rent or sell part or all of these areas. The town trustees levied taxes, passed ordinances, regulated trade, and likely established and managed the public spring. Hillsborough’s trustee system continued through the nineteenth century; in 1861 town commissioners governed within four committees, one was the pump and spring committee. It is assumed that the public spring was used in Hillsborough until a public well and pump was established in the middle of Churton Street during the late-nineteenth century. Early owners of town lots were required to build a brick, stone, or frame house within two years. At a minimum, the house had to measure 20 feet in length, 16 feet in width, and 9 feet in height, and it had to have a proportionate brick or stone chimney. Owners who did not meet these requirements had their property resold at public auction. Beginning in 1792, the building requirement was revised from two years to three years. However, these regulations weren’t necessarily followed or enforced. The background research revealed that the Justice Center Expansion land encompasses portions of two original town property lots, Lot 0 (zero) and Lot 41.

The history of Lot 0 Hillsborough’s Lot 0, known as the “Public Spring Lot,” was one of six public lots that were established in 1754; other public lots included the courthouse, jail, market house, graveyard, and church. The 1869 County Commissioners minutes reported that “the lot known as the Public Spring Lot” and the gates and “convenient pathways” to the spring were maintained. On 20 January 1869, Lot 0 was “leased to John Laws for the term of five years… at the price of five dollars per year.” As a condition of the lease, Laws could not exclude anyone from getting water from the spring. In a deed dated 19 July 1888, the town commissioners sold Lot 0 to John Laws. The deed describes Lot 0 as “…a certain lot in said town of Hillsboro lying on the south side of Margaret Lane, and known as the Public Spring lot bounded on the North by Margaret Lane, on the west by lots of Harvey Clark, James Webb Jr., and Samuel Hinton (col.) on the south by Mrs. Amada Haughawout (known as the Handcock [Samuel Hancock] Lot), and on the east by John Laws and containing one acre more or less…”. By 1888, Hillsborough had established a town well located in the middle of Churton Street, north of its intersection with King Street. It is assumed that by this time the spring on Lot 0 was no longer being used by the public and was superseded by the town well and pump on Churton Street.

The history of Lot 41 Hillsborough’s Lot 41 was very likely owned by Paul Harmon in the early 1760s. Research suggests that Harmon operated a tan yard at that location. The deed conveying Lot 41 to Harmon no longer exists. In August 1764, Harmon likely sold the lot to Edmund Fanning (this deed also no longer exists), and Fanning sold the lot to William Johnston in May 1775. William Johnston settled in Hillsborough around 1767 and owned a store across from the courthouse. Johnston willed his entire estate, including Lot 41, to his only daughter Amelia. Amelia inherited several other tracts in the vicinity including Lots 5, 42, F, G, H, I, and K. In 1806, Walter and Amelia (Johnston) Alves sold Lot 41 to one of their sons, Gavin Alves; he also acquired the other lots listed above that Amelia Alves inherited from her father, William Johnston. In 1833, James Webb, Sr., executor for Gavin Alves, sold two-thirds of Lot 41 to Sally Thompson for 150 dollars. Adjoining landowners mentioned in the deed include: David Yarbrough to the west (other one-third of Lot 41), Josiah Turner to the south (Lot F), and Kirkland and Webb to the east (Lot 42). Sally Thompson sold the two-thirds of Lot 41 to Cadwallader Jones, Jr. in November 1853, for 200 dollars. The deed mentions the adjoining landowners: land formerly owned by David Yarbrough to the west (other one-third of Lot 41); Josiah Turner to the south (Lot F); and John Kirkland to the east (Lot 42) In August 1836, Thomas Flint bought one-third acre of Lot 41 from Stephen Moore. In December of the same year, Flint sold his one-third acre to James C. Turrentin. The deed mentions that the tract is runs “south to a lane near Samuel Hancock’s stable." On 15 November 1850, Levi McCollum sold half of Lot 41 to his son in law, John Laws “for and in consideration of the love and affection which he hath... for his daughter Mary Laws.”. Adjoining landowners at the time of the deed included: Sally Thompson to the east (Lot 42); Isaiah Turner to the south (Lot F); the Public Spring lot to the west (Lot 0); and Margaret Lane to the north. John Laws, born in Hillsborough in 1824, was a merchant and served as the Register of Deeds from 1856 to 1913. In February 1854, John Laws sold part of Lot 41 to A. W. Hedgepeth. The deed describes the lot as “…a certain house and lot in the Town of Hillsborough where the said John Laws now lives known in the Plan of said Town as Lot No. 41 adjoining the Publick Spring lot… .” The deed mentions that the lot was previously “made over” to John Laws by Levi McCollum. In March 1912, John Laws and his wife Margaret sold half of Lot 41 to William Borland for 160 dollars. The deed describes the lot as the “Eastern part of the Holloway Lot.”. In January 1914, John and Margaret Laws sold the east half of Lot 41 to Herman Laws and Lilly Tapp for 250 dollars. John Laws also conveyed his right title and interest in the adjoining half-acre where his house was located. This house is depicted on the 1888-1943 Sanborn Map Company fire insurance maps of Hillsborough. Adjoining land owners at the time of the 1914 deed included: William Borland on the east (Lot 42); Cameron land to the south (Lot F); John Laws to the west (other part of Lot 41); and Margaret Lane to the north. An early-nineteenth-century map of Hillsborough depicts a road or path running south of Lots 3 and 41 and north of Lot 4. This road is described in a May 1822 deed as a “Public passway or Lane” and that Thompson agreed to convey 22 feet between his lots for the path. A later deed describes the path as “the lane which runs east from Churton Street to the public spring Lot”; the road or path later became known as the N-K (for Nash-Kollock) lane. The March 1888 and April 1894 Sanborn maps of Hillsborough show an ice house, dwelling, and outbuildings located within the project tract. The February 1900, January 1905, and March 1911 Sanborn maps show the dwelling and outbuildings, but not the ice house, within the boundaries of the Justice Center Expansion project area. The 1918 soil map of Orange County shows several structures located within and surrounding the project area. The January 1924 through February 1943 Sanborn maps show a dwelling (without several of its outbuildings) and another dwelling within the boundaries of the Justice Center Expansion area. Also, hand-drawn maps collected by Mary Claire Engstrom, noted Orange County historian, show several structures within and adjacent to Lot 41.

Archaeological investigations for the proposed Justice Facility Expansion project included Phase 1 Survey, Phase 2 Testing, and Phase 3 Construction Mitigation. Phase 1 archaeological survey of the proposed Justice Facility Expansion tract was conducted between the 7th and 26th of July 2006, and consisted of close-interval (5-m/16.4-ft) shovel tests laid out on a grid. Including the datum, a total of 84 shovel test locations were established within the project tract. Of these, 49 shovel tests were excavated; 37 shovel tests contained cultural material. This cultural material was recorded as archaeological site 31OR576. The site generally encompasses the entire project tract and measures approximately 25 m (82 ft) north-south by 60 m (196.9 ft) east-west. Due to finding a buried cultural zone during the archaeological survey and the likelihood of the presence of additional features beneath the fill zone, additional work was recommended for 31OR576, if the site could not be avoided by the proposed construction associated with the Justice Center Expansion. Phase 2 testing at 31OR576 was conducted by Legacy between October 30 and November 1, 2006, and February 5 through 7, 2007. Three contiguous test units (Test Units A, B, and E) measuring 1.5 by 1.5 m (5 by 5 ft) each were established. The testing conducted at 31OR576 determined that significant intact deposits of archaeological material associated with the early settlement of Hillsborough are located in the area identified for the proposed Justice Center Expansion. These significant deposits are buried under approximately 0.46 m (1.5 ft) to 0.76 m (2.5 ft) of fill. This overlying modern fill does not contain important information about the prehistory or history of the region and therefore is not contributing to the significance of the site. If the intact, significant portion of the site (underlying the fill) can not be avoided by the project, then additional archaeological work was recommended to recover significant information that would be destroyed by construction associated with the project. Two meetings were held at the held at the Orange County Purchasing Department on King Street in Hillsborough, North Carolina, to discuss the proposed construction effects associated with the Orange County Justice Center Expansion on 31OR576. The meeting on 7 March 2007 resulted in redesigning the proposed parking area south of 31OR576 so construction would not disturb the site. The second meeting held on 4 April 2007 presented the revised parking area plan. It was noted that the plans showed the expanded driveway encroaching on the eastern edge of the archaeological site. Following discussion of the site encroachment by construction, it was decided that prior to construction archaeological investigations should be conducted within the encroachment area associated with the driveway expansion to identify significant archaeological remains. Phase 3 Construction Mitigation was conducted with the assistance of a backhoe to remove the overlying modern fill, documented by Legacy’s earlier investigations at the site, two backhoe trenches were excavated between the 23rd and 27th of April and the 19th and 22nd of June 2007. One trench was excavated along the encroachment area associated with the driveway expansion, and the other trench was excavated along the encroachment area that is associated with the parking lot expansion south of the archaeological site. Archaeological investigations of site 31OR576 were completed on 27 April 2007.

One feature located during the excavation is possibly associated with the construction (a brick clamp) of a nearby structure on the Sauthier map or with a later (ca. 1750-1820) Newcastle or Cassel-type of pottery kiln. Both kiln types are similar and were used in England (Newcastle) and Germany (Cassel). The Cassel-type kiln was also used by the Moravians in North Carolina during the eighteenth century. These kilns feature a main rectangular chamber with a firebox on one end that could leave an archaeological footprint shaped like the one located during excavation. Another feature represents a nineteenth- to twentieth-century well that is located near the existing paved driveway along the eastern boundary of 31OR576. The well measures approximately three feet in diameter and consists of stone and radial brick. Three brick types were identified in the well lining: rectangular, concave wedge, and pointed wedge. The radial brick were likely left over from the construction of the circa 1845 Hillsborough courthouse that was designed and built by John Berry. The four Doric columns on the north side (front) of the courthouse were built using the same radial brick that were then smoothed-over with plaster. The kiln furniture recovered was discussed with Hal Pugh of the North Carolina Pottery Center and master potter at New Salem Pottery and with Linda Carnes-McNaughton of Fort Bragg Cultural Resources. They verified that the artifacts are related to pottery production. The 1768 Sauthier map of Hillsborough shows a structure at this location, as do the Sanborn Map Company fire insurance maps of Hillsborough from 1888 to 1943. The maps appear to show the same structure, but the earlier structure may have been improved or partially demolished and the foundation rebuilt upon, or an entirely different structure may have been built on the site.