•> ■\l}. '^Mil \mti ' .' ' ( / \ / V ■ ;<3ji '<«*; ly.-ft <'/•» iiii ii! I tsliiiliiiiiiii fell f^ ^1 2)!eDii(ra^®iRl9. TO THE MEMORY OF THE BRAVE OLD PIONEERS, KNIGHTS ERRANT OF THE WOOD, ' ' Who gave her Pilgrim Sons a home No Monarch'' s Step profanes ; Free as the chainless Wmds that roam Upon the boundless Plains, ' ' THIS WORK IS ^ftectiauatelHgcdicatccX bijtlxe .l^uthov. H: PREFACE. " When at the first I took my pen in hand Thus for to write, I did not understand That I at all should make a little book In such a mode ; nay, I had undertook To make another, which, when almost done, Before I was aware, I this begun." — John Bunyan. !^HE following History of Henderson County has long been an- V-.y nounced as forthcoming, but interferences I could not control prevented. It was, indeed, commenced several years ago, but its prosecution has been frequently interrupted by other occupations and embarassments, of which it is, perhaps, out of place here to speak. I have been compelled to await the indifferences of people, and, with no one to assist me, have discovered for myself that the compiling of historical matter, in book form, is a task rather to be '^hunned than courted. The labors of this work have been of the sever tand most painful and patient character. Through the pity of some, the derision of many, the rebukes of others, and with the good wishes of a few, I have steadily pursued my course in quiet, to the goal of my ambition, and now return gratitude to God for what success has been achieved- With no guiding light or compass to direct my researches, I have plodded along through a multitude of books and papers, as best I could, in search of I knew not what. I have faced a listless auditory, and, by perseverance, have revived from the wreck of almost destroyed memories, matter that would soon have been lost to the world. Doubtless there are many incidents and many sketches of persons omitted ; but the fault is not with me. I have advised, I have plead, I PREFACE. 5 have done all, and more, too, than I ought to have done, and yet failed. The work is now done, and I have endeavored to execute my task with candor and fidelity, av(^ding all false coloring and exaggeration. In preparing this work, that course best adapted to suit the age, has been pursued. The style of the work is not labored, but brief, plain and simple, as the purpose in writing it required. I hope it is neither barbarous nor ungrammatical, for, though I make no claim to elegance, I have endeavored to be correct, concise and intelligible. It has been my endeavor to present the series of events in a clear and artless form, rejecting whatever was deemed irrelevant, and dwelling chiefly upon those features most important. Considering the long period embraced, the multiplied number of characters and events delineated, the extent of the field covered, the preservation of historical unity has been no easy task. If any deficiences are found, they ought to be referred rather to the judgment than a willingness to spare myself the care and tedium requisite to avoid them. That ill-fed and wounded vanity, small envy, jealousy and self- inflated opinion may instigate hostility to the work, I expect, but to the people of Henderson and Henderson County, the work is submitted with a profound deference, and in the hope that it may meet with that indulgence accorded works whose destiny has been regarded with far less solicitude. In spite of all my efforts to the contrary, some typographical errors remain in the copy, but they are so obvious that anyone can correct them. I have gratefully to acknowledge the assistance of a number persons ; particularly, I must mention Colonel E. W. Worsham, Dr. P. Thompson, Robert A. Holloway, Walter S. Alves, Charles T. Starling, Thos. E. Ward, Larkin White, E. L. Starling, Jr., Ben Harrison, Hon. P. B. Matthews, Dr. H. H. Farmer, Thomas Soaper, John T. Ruby, Jacob F. Mayer, Geo. H. Steele, L. F. Wise, W. S. and C. H. Johnson, Geo. W. Smith, S. A. Young and Hawkins Hart. Respectfully, E. L. STARLING. INTRODUCTORY. ^^ NOTED historian has said that truth comes to us from the past, j^ as gold is washed down the mountains of the Sierra Nevadas, in minute, but precious particles, intermixed with infinite alloy, the debris of centuries. Research teaches that where the suns of many decades have shone upon a spot where events transpired among a few hardy pioneers, who manifested no solicitude about handing their names and deeds down to an admiring posterity, it is a difficult task, indeed, to separate from the infinite alloy of narration and traditionary lore, the minute, but precious particles, which are the quintessence of true history in whatever guise or form it may be given the public. Most of the men and women of pristine days seem to have enter- tained the idea that events of those times were matters of temporary concern, brought about alone for the benefit and amusement of those who witnessed and enjoyed them, and not intended for those who were to follow after. Written evidence of old events, reminiscences of true merit, were not made, or, if made, were not preserved, only so far as actual requirements demanded at the time. Even in records of a public character, the official in charge deemed it incumbent upon himself to write down as few words as possible, and make one sentence supply the demands of three. There were many incidents, doubtless, in the early settlement of this part of Kentucky, which, had they been carefully preserved and handed down from parent to child, would to day be treasured as bits of history beyond pecuniary valuation. Blood curdling adventures of men and women, privations and suffer- ings of the early settlers, who gave their lives that we might enjoy the heritage, come to us patched up by traditionary handling until we scarcely know whether the story has been magnified or deteriorated in its value and truthfulness. INTRODUCTORY. 7 How strange this is, and yet this generation has gone on and on for forty years with the same apparent unconcern. Valuable papers have been stored away in ^me secluded corner, where the light of day has not been permitted to peep in since the barrel or box was tightly closed. Rats and mice have nibbled away valuable matter, which, had it been assorted and compiled with a view to its material and interesting value, would have proved of invaluable interest to many now living, and truly interesting to all persons who love to revel with intelligent antiquarians in reminiscences of the forgotten past. Yes, many of these old papers, which should have been carefully pre served, or better committed on pages, which would have forever pre- cluded the possibility of their destruction, have not only been ne- glected, but actually cast out to be scattered by the winds to the four quarters of the compass. The fiery flames have consumed pages, whose ashes have become a part of the dust of the earth ; and, yet, if these ashes could speak, they could a tale unfold, whose telling would awaken in many a keen interest for a further research into history now blotted out forever. Old people who had a knowledge of incidents historical, and an education equal to the demand, have lived and died without e.ven so much as leaving a line whereby their knowledge might be made per- petual by some one more impressed with their historical value. Whether this can be, and is yet to be, attributed to a lack of interest, want of inclination, or whether the information has failed to make a deserved impression, is not for the wiiter to say. These negligences and ignorances, or whatever they may be called, meet the historian at everv turn of his work, and will have to be overcome as best thev can. Our readers will certainly exercise as much leniency as we have patience in the long, tedious and difficult research, a history of which follows. INDEX TO CONTENTS Abinadab's Letters 172 Aboriginal 23 Act Regulating Taxes 281 Additions to To^v^l 304 Amusements 77 Annus Miribilis 131 Arms, taken possession of 204 Assessment, County and City, 1877 817 Attorney, Commonwealth . . . .' 103 " City Impeached. 310 Audubon's Mill 148 Banks 150,170 " Payments 246 " Charter Wanted 261 " Commonwealth 263 " Deposit 342 " Farmers' . : 221, 224, 31 1, 325, 511 " National. First 513 " " Planters' 513 Barbecue, Gen. Harrison 172 " Madisonville 241 Baptising 182 Battle Year 210 " New Orleans 142 Bell, Station House 354 Bible Society 488 Billiard Tables 312 Blacksmith, First 262 Boat Building 284 Bonds, City 336-.354 Royle, (ieo. A. Ordered away 194 Brass Band, Mechanics 316 Bradley's Tavern 50 Boom, 1st, 2d and 3d 150, 188, 312 Boundary Ohio River 49 Bridge, Commissioners 177 " County 117, 121, 126, 186 Ohio River 350, 370, 505 Buildings, First 26 " Old 139, 261, 262 " Cor. First and Main 349 Calaboose 298-307 Capture Michael Sprinkle and others.. . 27 Cemetery, Fernwood 184, 278, 297, 302 " Old 278,293 " Bodies Removed 328 Census, County 249 Tenth 201 Charter, Amended 292, 313 1854 301 New 315 1867 .329 Cholera 116, 180, 306, 327 Churches, Baptist, First 429 ■* " African 476 " " Fourth Street, Col .. . 476 " Early History 427 " Catholic 472 ** Christian 433 " Christadelphian 471 Episcopal 341,463 " Israelitish 474 " German Evangelical 436 " Methodist 439, 316 " " African 474 " " German 474 " Old Union 282 ■' Presbyterian, First 327, 446 *' " Second 443 •' " Mission 462 " " Sunday School. . 461 " " Cumberland. 278, 297 " Pleasant Hill 187 " St. Barnabas 470 " Sunday School, Prohibited 318 Circus, Stickney's 170 " Floating Palace 306 Coal, Company 323 " Mining 161 " Plague 142 " Scarcity of 242 '' Tipple .342 " Oil 186 Cold Friday 123,213 Cold Winter 159, 182 Comet, Charles Fifth 188 Compromise City, Alves & Hart 267 " Alves and Ci ty 307 •• BuckandCitv 266 " City and Clark 312 " City and Burbank 318 " ■ City and Property Holders. 316 Conscript 219 Contrabanding 20!J Cordelling Boats 127 Corn Crop, Ruined 188 Cotton Grown 130 Courts, County 100, 101, 102, 103 Circuit 140 " Common Pleas 242 " Quarter Sessions 49 Quarterly 248 " Superior 252 " Terms Changed 243 *' Rules 125 " Held in iBaptist'Church.'.'.V.'.*.'.".'.* 79 Court House, First 50 Second 74 INDEX TO CONTENTS. Court House, Third 78 " " How Received 53 . ■ '• " Soldiers Occupy 83 " " IMutilation of 83, 235 Bebuilt r... 84 *' " Dance Hall 80 " " Use Prohibited 81 " " Square 70,107 County. Kentucky Formed 18 " " Divided 21 " Henderson Formed 22 •' " Organized 48 " Hopkins Formed 123 " Union Formed 22 " Webster Formed 22 County OflScials 822 Council, City 302 " Forced to Resign 323 " War Order 306 " New Hall 223, 241, 243 Creeks, Obstruction of 249 Crops Destroyed 248 Crops, Large 187 Currency, Bogus 147 Cut, Money 138 Debt, City Funded 355-356 Deadened Timber 250 Dedicatory 3 Districts, Appellate 182, 243 " Congressional. i59, 168, 174, 210,246, 252 " Election 181 " Judicial 175, 186,256 " School 159, 166 " Senatorial... .123, 137, 169. 176, 242, 248 " Working Road 295 Distilling 342 Ditches 275 Divorce 138 Draft, Military 212 Drouth 817 Duval, Stephen, Whipped 328 Early Settlers ..17, 26, 27 Earthquakes 180 Eastin Survey 299. .301 Eclipse, Sun 186, 341 Educational 409 " Early History 409 " Catholic 425 '• Female Seminary 424 " First School 96 For Boys 425 " German School 3.34 " High School 421 " ' Home School, for Girls",.. 425 " Colored School 425 " Public School 422 " Schoolchildren 344,351,354 " Seminary, " Old " 413 Election, County 218 " For Mayor 301 " Interfered With 212 " Special .323 " Soldier's Appear 235 •' Primitive 108-109 •' Town Trustees 262, 283, 288 Emancipation, Slaves 94 Employes R. R. Arrested 344 Epizootic 349 Explosion. Steamboat 238 " Saw Mill 219 Fair Company 187, 241 Farm, Values 250 Fashion, foolish 189 Fees, cheap 117 Fence Company, " Horse Shoe" 243 «.»' Walnut Bend " 248 Ferries 259 " Mouth Green River 119 " Henderson 119 " Steam 311 Fevers I6O " Yellow, &c — 369 Fire Companies 294, 350. 351, 354, 370 Flag of Truce 219 Fort, "Nigger" 333 Foster, Col, John W 210 " Take Charge 210 War order 306 " and City Council 321 " Council Resigned 323 " Negro Order 211 France Congratulated 296 Freedman's Bureau 238 Friday's ,188 Frontispiece Fruit, Killed I8I Gas Works 313, 324, 330, 333 Gas, price reduced 370 Glass Works 276 Gold Excitement 176 Green, Marshall & Co 327 Green River 124, 131, 135, 156, 244 Guerrillas 214, 225 KillJim Pool 215 " In Hebardsville 216 " In City 215 Rob Esq. McCallister 216 •' Gunboats appear 213 " Stores closed 2I6 Habeas Corpus 125 Hancock House 213. 228, 284, 311 Hard times 162, 261 Hard cases 105, 122 Hardscrabble Addition 304 Harpes. Big and Little 104,623 Harris, Wra. killed 317 Hawkin's, shot 225 Henderson, City of 253 " Col. Rich, purchase 18, 19 " Grant taken in 126 " Laid off 255 " Incorporated 260 Health Reputation 169 High Water 138, 167, 176,209, 248 Hogs and Town pump 291 Horse Disease 349, 350 Hospital, City 296, 350 Hotel, Spidel 284, 287 Hot Weather 315 Hughes & Hovey's Raid 22 Hurricane 138, 248,311, 316 Ice House, Public 316, 343 Insurance I86 Introductory 6 Ionian Society 3(V4 Island, Green River 247 Island, Tow Head 170 Jails 65-76 " Broken 239 " Mobbed 334 Killed by Wolves 138 Knights Templars .369, 491 Knights Pvthias 369, 499 Know Nothing Party 184 Ku-Klux 334-338 Labor meeting 236 Land Dispute, City and County 190 " Located 118,121,123 " Pirates 280 '• Laws(1799) 20 10 INDEX TO CONTENTS. Land Troubles 37 '• Vacant 58 " Valueless 99 Ladies' Complimented 325 Law, Stock 252 Lawyers Licensed 94, 12o Levy, County 94 Lien Law, Mechanics 180, 242 Liquor Selling 116 Mail. Daily 188, 328 Manufactories and other Enterprises- Banks, Farmers' 511 " National. Fi rst 513 Planters 513 Blacksmithing 519 Brickmaking and Tile 522 Bridge, Ohio River 505 Brewery 518 Brooms' and Mattresses 519 Building and Loan Association 520 Buggies and Carriages 519 Coal and Mining Co 510 Same Ice Co 510 Coal Mines, &c 520-521 Coal Agents 520 Coal, St. Bernard Mines 521 Coal, Ohio Valley 521 County Roads. . .". 522 Cotton Mills 509 Distilling, Hill & AVinstead 517 Witliers, Dade & Co 518 Worsham, E. W. & Co 517 Fair Company .• 522 Flour and Grist Mills 519 Foundrv ana Machine Shops 519 Gas Works 507 Hotels 522 Hominy Mills 518 Incorporated Companies 522 Lands, Productive 522 Railroads 514 Ohio Valley 514 " Louisville & Henderson 821 Peoples Homestead and Saving Co 520 Planing Mill 521 River Facilities 515 Saw Mills 527 Telegraph & Telephone 515 Tobacco Manufactories 516 Tobacco Stemmeries 515 Water Work^^ 502 Woolen Mills 507 Marriages, Pioneer 99 Marshal Town, Impeached 303 Mayor Atkinson. Message .352 *'" English. Message 360 " Held, Message 350 Starhng. Message 335, 352 Resigned 303 Manufacturers Tax 349 Measurement, Higli Water 818 Medical Society, State 351 Meteoric Showers 168 Mill Burned, Hatchets 226 Mill Torn down 313 Mill, Audubon, John J 148 Mills 97,107, 122 Milk Sickness 166 Ililitary. Arms stolen 203 " Cavalry and Refugees 206 " Corydon Raid 215 " Ham G. Williams, arrested 227 " Henderson Guards 315, 319 " *' Occupied 208, 210 Militia 161 Murray, Gen. E. H 231 Negro Troops 213. 217, 221 , 224 " Ohio River taken possession of .. 209 " Piper Boys, killed 227 " Police employed 229 " Soldier, hung at Geneva 225 Soldiers, (1812) 260 " S])ottsville taken 221 '* State Guards 202 " Troops to Spottsville 203 Mining Coal Co 368 McClain's Land Sale 243, 246 Mob, First 116 Money, Cut 138 Monument, L. W. Powell 244 Mounds 25 Mound Builders 24 Mozart Society 820 Mule and Cart 326 Musical 820 Murder, Chas. E. Carr 156 Murders 819 Naturalization 156 Negroes, Emancipated 171. 237 " Bought and Sold 195, 196 " Runaway 174 " Preaching 294, 296 Traders 195 Vote 245 Newspapers 172 " Columbian 279 News 214, 216, 219, 234, 242, 821 Reporter 199,201. 218,822 " Journal 821 Nicaragua Expedition 184 Night Walkers 295 Odd Fellows 294, 298 Officials, County 88-289. 822 Officials, City 370,821 Offices Consolidated 297 Opera, "Coopers 315 Ordinances, Transylvania 255 " Penal 280 Printed 292, 342 Outlaws 26 Outlaws ana Captain Young 31 Outlawed 137 Panic, Jay Cook 351 Paragon Morgan, died 191 Paupers, City.. 185, 304 Pa>iie, Sterling, killed 328 Petroleum Company 229, 238 Penitentiary 142 Pioneer Trials 29 Physicians, Pioneer 98, 166 Poor House 184 Post Office 191-192 Ponds 279, 283, 286, 306 Pork House, Inirned 311 Post Masters 819 Powder. Bought and Sold 318-319 Powell, Richard, killed 341 Precincts, County Divided 157 Cairo 377 '♦ Corydon 379 INDEX TO CONTENTS. 11 Precincts, Geneva 382 " Hebardsville 383 '• Henderson 245, 253 •' Niagara 406 " Robards •* . . 389 " Scuffletown . . . .- 166, 396 " Smith's Mills 401 " Spottsville 403 Tillotston's 406 Walnut Bottom 168 " Voting places 110 Preface Press Convention 351 Prisoners Escape 246 Prisoners Rebel 217 Proclamation, Mayor 223, 339 •' Lt. Commander Fitch 214 Public Square . . . .263, 274, 291 , 297, 310, 325, 334 Pullty te 304 Racing Horses 289 Ravnies 275.286,287, 288,305 Record Lost 95 Red Ribbon, orcanized 356 Relief Board, Southern 242 Revenue, U. S 243 Revival, (1794) 34 River Frozen 137,175, 185, 186, 188 Roads, Gravel— " ( 'ounty to issue Bonds 252 " Henderson and Cair.) 252 " *' and Corydon 251 " " and Zioii 251 " Public 168, 169,172 " Clear Creek 56 " Corydon 58 " Diamond Island 58 *' Divided into Precincts 249 *' Evansville 57 " Established .54 " Floyd & Lockett 61-62 " Knoblick 58 •' Morganfleld 58 " Nuisance 63 " Owensboro and Henderson 183 " Plank 183 " Smith's Ferry .54 " Spottsville..*. 57 " State 59 " " To Hopkinsville 60 " Surveyors 63, 107 " Tax.... : 245,247 Railroad 167 Employes Arrested 344 '• Evansville & Jackson 247 " Evansville, Henderson & Nash- ville 330. 342, .348 " Henders(m & Hartford 244 " Evansville, Henderson & Nash- ville 269, 1.39. 300. 302. 308, 314, 316 " Henderson & Paducah 184 " Louisville & Henderson 821 " Right of way. Fourth st 348 " St. Louis & ^Southeastern 241. 344 " Same Consolidated 348 Southern Ky. Narrow Guage 344 " Street Railway 821 River Improvement 285 River Front 294 Running Association 244 Salt Discovered 30 Salt Well 308 Saw Mill 307, 311 Sal • ri s 29o Seminary. Female 370 SemniPS Admir? '. 834 Sheep Dogs 249 Sheriffalty, Farming out 120 Shooting. John N. Wathen 230 Side Walks 298 Sinking Fund. Commissioners 337 Sketches and Recollections 523 Assassination Dr. W. A. Norwood 558 Dog Supper 567 Harpe Tragedy 523 Hanging of Cafr 535 Henderson & Evansville Packet Co 531 Louisville & Henderson Packet Co .530 Military and Quizzicals 561 Shooting Ben O'Neal. &c 544 James E. Rankin 547 Powell and Thompson 549 Tom Forrest and Comrades 541 Sinking Steamboat. Maj. Barbour 532 Belinont... 531 Suicide of Reuben Denton 532 " of J. Elmus Denton 72 " of Misses Mintner 532 of C\Tithia Majors 533 of Dr. A. J. Morrison 533 Skating. Roller 543 Skirmish. King's Mills 232 Slander Suit 156 Slaves 99 279. 289. 290 Small Pox 287 293 294 Snow Storm 245 Social Pastimes 53 Societies Secret- Good Templars 501 Grand Army Republic 501 Harugari 501 Iron Hall 501 Knights of Honor 501 ' of Pythias 499 Templars 491 •' of Labor 501 Masonic, Blue Lodge — 481 " Chapter 488 Commandery : 491 Odd Fellows 249. 294, 494 Encampment 498 r.olored Lodge .502 Soldiers Revolution 162 Steamboats 119 136. 141, 149,167 170- 243 310 350 Stemmery Burned 327 Streets opened and Improved. ..260 283 - 290 295 299 300. .307. 308. 310. 314. 316.- .....317 320. .324. 326 328 333 334 337.342, 354 Supervisors of Tax 364 Supervisors Report Rejected 364 Surrender. Confederates 2.33 Swearing, Profane 105 Taverns Bradley's 50 257 Rates Established 92, 162 Taxes 106, 153, 249, 251, 252. 278, 286 Telegraph. Cable : 187, 243 Theatricals 29, 311. 315 Thespian Society .312 Tobacco as Currency Ill Interest 114 341 ' Inspection 112, 113 ShortCrop 2.34 Stemmeries 149 291 Town Pump and Hogs 291 Towns Establi.'^hed 157, 169. 171 Trees Planted 361 12 INDEX TO CONTENTS, Warehouses, Established 120. 160 •' Inspection 124 War Mexico 175 War. Confederate. .193, 197 201, 234, 237 - _ gjy Q|g Water Works !...!...!...!. .354! 502 Water. High 818 Wathen. John N. murdered 231 Wards City Divided 301 I Weeds Cut down 292 Well, Town filled up 313 Wharf ...279 280, 285, 293. 296 298. 299. 300.- 303 313. 327, 329, 336 Whipping Slaves 279, 290 Wolves : i88 Vaccination. Compulsory 349 -.oe>§^ General Index- Abbott, William 172 Adams, George .'."*" . ' Adams, Joseph .247, 323 Agnew, Smith Agnew. R. W Allen, William Allen. J. C *.V.V 216, Allen Captain Sam 227* Alien. Rev. Wm. G Alexander Mark Alves, Walter 146 Alves, James ". . 169, 266," 288! Alves, R. H Alves, S. J Alves, G M V..;344V35i; 502, Alves, Wm. J Alves Bobt.H....: ... .." Allison, Will. D.. 78 82, 278, 283'235V288.- 299 316 Allison Young E . . 69.' TO. 82," 84," 190, 213 - ^ ,V V • •;, 227, 301, 302, Allison Sam'l 175 Anderson, John D 78,'l69, 286! Anderson A. J 186 Artis, C. F 191* Anthony Jonathan . . .".'.'.".'.".' ". '66 119' Anthony, Jas. W ■ ". Atkinson, George 169, 283 29l,'299 Atknison. Hon. John C 202. 352, Atkinson, Edward 500 Audubon, John J. ...123, 148, i59, 259, 261,' Bach, Prof. J. M 756 Bacon, James 79 Baily . Cornelius 71 373 423 Ball Hon. C.C ." ":. '..i, 3?2 Banks, David 214, 217, 223, 232, 243, 323 Banks, David, Jr 513 Barbour, Ambrose 68, 74," 105, 108 Barbour, Philip 74,120 127 Barbour, Hal 191 Barbour, James 260 Barret, Alex. B....150, 161, 183, 195,'86.V ....... -...;. 291,292,293 Barret, John H 236, 331, 766 Barret, John H. Jr 304, 341 Barret, James R 304 341 Barret, Wm. T ' 3IJ Barnard, N. H 348 Barnett, Jacob ' .' 66 114 Basket, Jesse ' 71 Bftum, B .".".V.".'.V.*.".'.'.".".*.".".*.".'.".* 216 351 108 650 169 783 137 323 228 243 99 266 801 229 236 506 266 307 613 818 568 776 330 802 259 311 612 356 512 793 Beatty, Gawin I Bell, James Bell, George E Bennett, Wm. E .' ". 190' Bennett, Jake "" ' Bennett, Judge C '. ',.' 218 Beverley, Robt. G 2U,'29G, 305,' Beverly, Wm. P » . . Bierschenk, William Blbo, Barnard Black well, P. A 70, 323', "342,' Blackwell, W. W 359 Blackburn, Wm. B Borum. Joseph •.!.' Bowen, Wm. R Bowling Family Boyle, Gen. J. T 209' Bradshaw, Robt. A ' Bratton^ Andrew Brewster, Dr. Wm ^(^"i' Broadnax, Judge Henry P 120, 122' Brashear. Barak 67 70 83 Bristow, Gen. B. H ' ' Brown, Hon. Jno. Y 234*236 Bryce, P. B ' Bunch, Hon. Jno. T..*.,', *. 82 Buck, Charles ' Bullitt Family Burbank, D R 29i , SOS," sii", "341, Butler, Harbison , lee, Cabell Family 675 Cabell, Dr. William 575 Cabell, Robt 323 Callender, A. T 724 Carr. Charles E ;. . ;;;;;.i56; 536 Catlm, W. W 199 Cheaney, Josephus '."is9 304 Cheaney, Thomas F 237 Cheatham. Edward \aa Churchill, W. P ^ cisseii Ben.p '...'.'. ::.':::. 236, 334 Clark. Robert 299 Clark, David '. .' 351 Clay, James W V. 30l", '303, 316 Clay, James F 304, 348, 798 Clore,Joseph 521 758 Clore, W. H '758 Clore, L, F 758 Clore, J. O '....'..". ".". '.'.'.' '356, "ess. 758 Coleman, Robert 108 Collins & O 'Byrne ". 333' 338 202 76 688 722 225 ,242 323 814 330 224 664 778 103 103 68 576 330 815 116 307 130 301 206 243 330 198 264 576 804 172 14 GENERAL INDEX. 260 369 71 82 95 286 323 329 316 296 342 667 Comfort, Rev. Daniel Cook, Dr. Jno. L Cooper, Win. T Cottingham, Ishain Courteis, Vienginand Cowan, Joseph Cromwell, F. B Crosby, F. H Crockett, John W.. .83. 190, 198, 236. 238, Cunningham, F 236, Cnnningam, 11. H Cumnock. W. W Dallam, F. H 83, 191, 198, 236, 328, 792 Dallam, L. C 356 Danforth. L. F 301 Danforth, L W 302 Davies, Rev. D. O 720 Davis. Chas 9i Deacon, Rev. D. H 417, 467, 597 Delano, Ira 19S Denton. J. Elmns <2 uezarno. John Baptist 131 Dickens, Charles 174 Digman.R. H 343. 761 Dixon, Gov. Archibald... 176. 181, 191, 198,- 200, 204, 217, 236, 3.34, 348, 575 DixonV Payne 139, 145, 172 Dixon, Hon. H. C 588 Dixon, Dr. Archibald 588 Dixon, Joe C 229, 590 Dixon, Capt. Hal : 608 Dixon, Robert 341, 343. 6 Dixon, Robert, Jr 679 Dixon, Geo. L 222 Dixon, Wynn G 725 Dodd, J. M 211 Dorsey,Dr.J. N 7*7 Dunn, Capt. John 27,95,96,255 Dunn. Mrs. Hannah 97,107,254 Dunn', Isaac . . 93 Duncan, Marion 675 Duncan, Capt. Joe A 800 Fades, C.C 84. 85 Eakin's Family 680 Eakins, Felix 681 EaKins, William 684 Eastin, Henry J 183 Eas tin, Robert 306 Eastin, R. Scroggin 753 Eaves, Charles 347 Eiam,W.S 191,202,243,341 Elam, Sam'l 205 Evans, Rev. Thomas 289 Fallen George W. 343 Farmer, Dr. H. H 781 Featherston, Win 122 Figis, Konrad 95 Fisher, Meridith 120, 124 Fisher, W. P 202 Fisher, Renz 391 Fletcher, Thomas 116 Foard, M. D «. 176 Foster, Col. John W 210, 213, 320 Fowler, Judge W. P 218 Fulwiler, Jacob H 301 Funk, John 183, 241 Gayle, George 169 Gay le , Isaac 292 Geibel. Konrad 691 Geibel, John 693 Gilmour, Allan..., 341 Gibson, B. F...^t|7. .^I.. 185 Givens, C . C 671 Glass, Dr. Owen 283, 315 Glass, Robt. T 199, 202, 235, 236, 243, 244 Glenn,Col. Jno 227, 230 Gobin, Joe. D 293, 296 Grady, Sam'l William 725 Grant, J' seph 316 Graves J ames 149 Grayson, Wm. P 172, 195, a§8- '^'^'B Green, Grant.. .190, 191, 222, 224, 243, 326,- 327, 333, 606, 610 Green John 286 Grimes, Stephen E 156, 535 Gwatkin, Elizabeth D 171 Haflev, John 329, 335. 338, 354 Hall, E. G 202. 316, 321 Hainmill, Francis 68 Hamilton, Jas. M 74, 259, 262 Hamilton Robert 94 Hanna, Dr. Wm 653 Hancock. M. S 185, 186, 284, 287 Ha nes. Big and Little 523 Harrison, Ben... 232,234,342, 348 Hart, Richard J 266 Hart, David - 176 Ha ' t Family 575 Hatchitt. James D 183, 216, 236 Hatchitt, William 412 Hatchitt. Rev. A 737 Hazelwood, E. T 82, 190 Haussman, John 27, 50, 94 Held , Hon. Jacob 243, 323, 303, 805 Henderson, Richard 99^788 -' Henderson, Archibald 99 Henderson , Old Dick 819 Herndon, David 176 Herndon, Thos. H 279 Hicks, Wm. S 184, 190, 218 Hicks, 8. S 205 Hillyer, James 563 Hillyer, P. H 186, 263, 283, 299, 323 Hodge, Dr. J. A 224,225, 721 Hodge, Thomas 516 Hoffman, P.... 334 Holloway, John 68, 114 Holloway, John G 78,183,186,309, 740 Holloway. Jas. H 202, 207, 229. 742 Holloway, John (i. Jr... 210 Holloway, W. S.... 216, 232, 243, 261,311, 323 Holloway, Geoije 254 Hopkins, Saml 45, 51,65, 76, 259, 260 V Hopkins. Saml. Jr 74 Hopkins, Edm'dH.78, 79, 117,285,286,292, 297 Hopkins, F 229 Hopkins, W. A 229,247, 330 Hopkins, Gen, Sam'l.. 99, 103, 106,114,119, 796 Husbands, John 29, 49, 51, 65, 94, 106, 107 Husbands, Polly 106. 281 Husbands, John, Jr 108 Hutchen, C. W 70, 84, 198, 219 Ingram, Wiatt 169, 261, 283, 284, 297, 677 Ingram, Mrs. Jane 308 Jenkins, T. M 333, 348 Jenkins, Dr. Anion 808 Johnson, Charles W 791 Johnson, Isoni 71, 184, 236 Johnson, J. M 71 Johnson, Elliott Johnson, Gen. Adam R 218, 713 Johnson, Wm. S 202, 304, 348 Johnson, Col. Sam 234, 235 Johnson, Dr. Thos. J 166 Johnson, C. H 657 Johnson, Jas. H 330 Johnson, Pirant P 754 Johnston, Eugene 811 Johnston, Joe. B 807, 811 Johnston , Philip Ludson 810 Jones, Fielding 124 Jones, Dr. Levi 278 GENERAL INDEX. 15 Keach, Richard 84 Kennedy, A. F 363 Kerr, Henry 218 Kerr, Hugh 291 King, Sam'lE 735 King, Geo. W ^72 King, John 260 King, P.H -. 348 Kitchen, Dr. N. A 670 Kleiderer, Fred 356, 695 Knightj Tlios. S 330 Knox, Hugh 96, 97, 103, 114, 122, 123, 166 Kreipke, Fred 356 Kriss, J. J 83 Kossuth, Louis 182 Kuykendall, John 27 Kuylcendall, Abner 116 Kuykendall, Amos 116 Kyie, Peter 727 Labrey,Wm. E 726 Ladd, W. H ...323 Lame, Jesse 85 Lambert, Joel.. 122, 143, 223, 281, 283, 297, 797 Lambert, John H 69,298, 301 Lambert, W.E 190 Langley, Sam'l W 296 Landers, Abraham 65, los Lancaster, Wm. L 202 Lewis, W. H 3f.5 Lewis, H. E 660 Leslie, A. T 334 Letcher, Dr. Ben 221 Lockett,W. M 24i Lockett, P. H 70, 8i Lockett, Judge J. F 68". Lockett , D. P 17() Lyne, Jas. B 70, 229 Lyne, H. James 107, 278 Lyne, Leonard 162, lej Lyne, James, Jr 176 Lyne, L. H 202, 222, 247, 356, 443. 512 Lyne, George 640 Lyne, Henry 301, 511 Lyne,W. S 640 Manion, Edward 690 Marrs, Paul J 233, 64G Marshall, W. J 632 Martin, Leroy 337 MariinB. F 82, 736 May, Samuel 21, 26 Mayer, V. M 205. 501, 807 Mayer, G. A 275, 806 Mayer, J. F 422, 505, 807 Mathews, Hon. P. B 35, 323,329, 372. 655 McBee, Squire 116 McBride, Capt. Ed 70, 262, 298 McBride, Daniel 74 McCormick, Jno. S 241 McCullogh, John 173, 412 McClain, Jas. A .. 212 McClain, Jackson 71, 813 McClain, James 166 McCallister, Aeneas.... 27, 30, 49, 51, 106, 133 McCaUister, JohnE 215, 334, 356, 617 McClure, George W 730 McFarland, Thomas 385 McLean, Alney 159 McGary, Robert 116 McGary, William 116 McGary, Hugh, Jr 116 McGary, Hugh 1 16 McGready, Rev. James 34, 105 McMullin, John 169 Merritt, Hon. M 656 Mitchuson, Ning 694 Mitchuson, Charles 695 Morris, George 281 Morrison, Dr. A. J 315, 533 Moss, Hugh .' 190 Mullin , Joshua 173, 287 Murrell, Jno. A 26 Murray, Gen. Eli H 231 Nesler, Solomon 116, 301, 303 Newman, Jacob 94 Norris, John S 205 Norwood, Dr. W. A 558 O'Byrn, John 348, 363, 739 Orr, Samuel 277 0-good,Rev. Nathan 166 Outlawry 818 Owen, Hon. J. V... I 739 Parker, A. F 71 Pennell,C. M 212, 279, 297, 316 Perkins, Capt. C. G 216,218,219,247, 749 Pernet , John 350 Peter, Hon. Jacob 755 Pierman , G. L 199 Pitcairne, Huirh 345 Point, J. B ...166 Posey, Gen. Thomas 648 Posey. Fayette 68 Powell, James 78 Powell, Gov. L. W..82, 172, 181, 186, 204,- 244,290,297, 591 Powell, Dr. J. N 730 Powell, Herbert A 190 Powell, Col. E. D 763 Powell, J. Henry 304, 765 Porter, J. W 782 Prentice, Geo. D 188 Priest G. M...184, 186, 222,236.240,244,- 247, 301,330, 333, 342 Priest, W. C ... 216 Priest, J. A 71 Pritchett, Green W 71, 780 Purviance, Henry 99 Racing Horses 130 Ratinsque, Constantine S 156 Rankin, Dr. Adam.. 26, 66, 114, 117, 120,- 146, 259, 789 Rankin, William. 78, 297 Rankin, Adam , 84 Rankm, Sam. W 202 Rankin, James E 216, 219,288, 301, 547 Reutlinger Wm 337, 3.^ Reeve, Mai. Jno. J 654 Rice, J. Willy 274 Ricketts, James E 176 Rice, Dai» (clown) 274 Robaids, J. D 759 Robertson, Edmund 183 Robinson, Jesse 222 Ross, Moses 300 Rouse, R.G.Jr 310 Rouse, H.E 332 Rouse, James 79, 169, 280, 286, 298, 301 Ro wdin , A. J 202 Rowan, Andrew .- 49, 106, 107 Royster, Wilkins N 737 Royster,C. S 71,84, 186 Ruby,J.r 687 Rucker, M. P 793 Rudy John 241 Rudy. C. A 224 Ruggles, N. F 278, 282 Sandefur, C. T 222 Sandefur, W. H 323, 356 Sandefur, W. A XiO Schlesinger, H 216 Schlamp, Martin 356 Sechtig, Chris 221 Semonin, Peter 186, 323 Semonin, Paul F 310 16 GENERAL INDEX. Shelby, Moses 96 Shelby, William W 71, 84, 733 Shingler, Jack 201, 296 Shackelford, Gen, J. M 306 Shook, Major 213 Simpson, Robert 96 Smith, Col. Robert 143, 260, 672 Smith, A. L 412 Sneed,S.K 304, 356 Soaper, William 299. 770 Soaper, Richard H 771 Soaper, Thomas 334, a51, 773 Soaper, William, Jr 774 Soaper, Harry 775 Soaper, Robert 771 Spalding, Sam. P 186 Spidel, John 263, 287 Sprinkle. Michael 27, 259, 313 Sprinkle, Jacob 27, 124 Sprinkle John 66 Staples, J. G 757 Stapp, Jno. C 316,330, 342 Standley, John 66, 139 Starling, Edmund L 243, 287, 636 Starling, Chas. T 202, 303, 640 Starling, E. L....202, 203,204, 247, 337 ,341, 351 Starling, E. L. Jr 643 Starling, Stewart 644 Starling, Lyne 640 Steele, Wm 229, 238 Steele, Cjtus 210 Steele, George 356 Steele, Capt. O. B 210, 225, 228,* 332, 703 Stegall, Moses 512 Stites, Sam'l 276,278,297, 801 Stewart, Thos. J 643 Stites, Richard 372 Stewart, John H 799 Stone James M 71. 184 Sublett, John A 278 Sugg, Calvin 282 Sugg, Willie 79. 183 Swigert, Jacob 641 Talbott, A. H 310, 334,372. 422 Talbott, Edmund 50 Taylor, Brookin • . . 107 Taylor, Maj. Walker 216, 227 Taylor L. D 287 Taylor, Jas. M /: 327 Taylor, James (Two Horse) 297 Taylor, Col. Chas. M 786 Terry, N. D 189 Tillotson, James 192 Thespians Theatrical 312 Tliompson, Dr. P , 334, 361.718 Thornberry, R. R 184 lowles, Thos. Jr 288 Towles, Judge Thomas,.. 78, 120,147,261,- 266, 287, 781 Tramp, First 131 Trafton, L. W 191, 204,304, 380, 751 Toy, J. F 71,80, 84 Tunstall, H. R 326, 371 Turner, Hiram 71 Turner, Hon. H. F. . . .83, 84, 85, 230, 236, . 241, 330, 348, 732 Unselt, David H 301 Upp, John 27, 206 Urso, Camille 311 VanBussum, Philip 80, 384 Vance, S. B... 198,236, 345 Vandzandt, W. B 298, 299. 305 Walden, D. N 184,190, 219 Walker. F.E 70,84, 85 Walker, Thos. G 122 Walker, Cora 818 Ward,Thos.E 784 Ward, Judge E. C 412,374, 668 Wathen, John N 230 Watson, Thos. P 219 Weaver, Littleberry 80 Webster, W.H 675 Williams, Jenks W 223, 3:«, 334, 809 White, Larkiu 79, 738 White, John L 205 White, George 205 Wigal, James P 789 Wilhams, John 99 Wise, D. F 723 Woodruff, W. B 217, 342, 343 Worsham, E. W 247, 301, 330. 342, 623 Worsham, Andrew J 626 Worsham, Ludson 628 Worsham, D. W\ C 630 Worsham, William 631 Wright, Captain 232 Woodbridge, Rev. Jahleel 598 Yarber, Lieutenant 213 Yates, Capt. Dick 215, 219 Yeaman, Harvy 198, 202, 236, 247, 347 Yeaman, Malcolm 349, 356, 644 Young, Judge Milton 210 Young, S. A 3 Young, Milton 697 HISTORY OP HENDERSON AND HENDERSON COUNTY, KY. CHAPTER I. EARLY EXPLORERS AND SETTLERS. ©R. COLLINS says the first white person history tells of having discovered the Ohio River as low down as Henderson, was Col- onel George Croghan, who, in 1765, passed down the Ohio to the mouth of the Wabash. Captain Harry Gordan, in 1776, surveyed in some crude way the entire length of the Ohio. The land warrants or bounty in lands given to the Virginia soldiers, who had served in the old French War, were to be located on the " Western Waters," hence the military survey so often referred to in title deeds recorded in the Henderson County Clerk's Office. In the summer of 1774 parties of surveyors led by Colonel John Floyd, Hancock Taylor, James Douglas, and two parties of hunters and explorers under Captain James Harrod and Isaac Hite, came into Kentucky. The town of Harrodstown (now Harrodsburg) was laid off, and the settlement of Kentucky began. On Thursday, June 16, 1774, Daniel Boone, himself being present and assisting, four or five log cabins were built, and immediately and permanently occupied. 2 18 • HISTORY OF HENDERSON COUNTY, KY. COLONEL RICHARD HENDERSON'S PURCHASE. On March 17, 1775, Colonel Richard Henderson (for whom this county and city were called) and others, purchased from the Cherokee Indians the whole of that territory lying between the Cumberland and Kentucky Rivers, amounting to over 17,000,000 acres of land, upon which it was evidently his purpose to found a little empire of his own; but his object was frustrated by an act of the Virginia Legis- lature, which made void the purchase, claiming the sole right to pur- chase land from the Indians within the bounds of the Royal Charter. The great activity displayed by Colonel Henderson and his co-operators in taking possession of the Cherokee Purchase and granting land to new settlers, was — as we shall soon see — all set at naught. Daniel Boone was employed by Colonel Henderson to survey the country and select favorable positions, and early in the spring of 1775 the founda- tion of Boonesborough was laid under the title name of Henderson. The present State of Kentucky was, prior to December 31, 1776, a part of the County of Fincastle, State of Virginia. By an act of the Virginia Legislature, from and after that day Fincastle County was divided into three counties, Kentucky County being one of the three. Kentucky having thus been formed into a separate county, she there- fore became entitled to a separate County Court, two Justices of the Peace, a Sheriff, Constable, Coroner and militia officers. Law, with its imposing paraphernalia, for the first time reared its head in the forests of Kentucky. In the spring of 1777 the Court of Quarter Sessions held its first sitting at Harrodsburg, attended by the Sheriff of the county and its clerk, Levi Todd. The first court of Kentucky was composed of John Todd, John Floyd, Benjamin Logan, John Bowman and Richard Cal^ loway. They had hardly adjourned when the infant Republic was rocked to its center by an Indian invasion. The hunters and survey, ors were driven in from the woods and compelled to take refuge within the forts. Much injury was done, but the forts withstood their utmost efforts; and, after sweeping through Kentucky like a torrent for several weeks, the savages slowly retreated back to the North, leaving the agitated settlers to repair their loss as best they could. Virginia's grant to colonel henderson. On Wednesday, November 4, 1778, the Virginia House of Dele- gates — Resolved^ "That all purchases of lands made or to be made of the Indians within the chartered bounds of this Commonwealth, as described by the con- HISTORY OF HENDERSON COUNTY, KY. 19 stitution or form of Government, by any private persons not authorized by pub- lic authority, are void. Resolved, " That the purchase heretofore made by Colonel Henderson & Co., of the Cherokee Indians is void. *'But as said Richard Henderson & Company have been at very great expense in making the said purchase, and in settling the said lands, by which this Commonwealth is likely to receive great advantage by increasing its inhabitants, and establishing a barrier against the Indians, it is just and reas- onable to allow the said Richard Henderson & Co. a compensation for their trouble and expense." On Tuesday, November 17th, these resolutions of the House were agreed to by the Senate and a few weeks afterwards — It was enacted by the General Assembly of Virginia, "That all that tract of land situate, lying and being on the waters of the Ohio and Green Rivers, and bounded as follows, to wit : "Beginning at the mouth of Green River, thence running up the same twelve and one-half miles, when reduced to a straight line, thence mnning at right angles with the said reduced lines, twelve and one half miles each side of the river, thence running lines from the termination of the line extended on each side of Green River, at right angles with the same, till the said lines intersect the Oliio, which said river Ohio shall be the western boundary of the said tract, be, and the same is hereby granted the said Richard Henderson & Co., and their heirs as tenants in common, subject to the payment of the same taxes as other lands in the Commonwealth are, but under such limitations of time as to the settling of the lands as shall hereafter be directed by the General Assembly ; but this grant shall, and it is hereby declared, to be in full com- pensation to the said Richard Henderson & Co., and their heirs for the charge and trouble, and all advantage accruing therefrom to this Commonwealth, and that they are hereby excluded from anj^ further claim to lands on account of any settlement or improvements heretofore made by them, or any of them, on the lands so as aforesaid purchased from the Cherokee Indians." Thus by one sweeping act of the Virginia Legislature the pur- chase of one million, seven hundred thousand acres of land, from the Cherokee Nation, and the great proprietary Government organized for its better regulation, was declared null and void, the government of Boonesborough wiped out, and the Transylvania" landed estate reduced to what was estimated to be two hundred thousand acres. This was called the Henderson & Co. Grant. Subsequently this grant was discovered to contain only one hundred and sixty thousand acres, when in order to gain possession of the full amount, the lines were extended a few poles on the three sides. The whole of this grant of land is included in the present boundary of Henderson County. 20 HISTORY OF HENDERSON COUNTY, KY. LAND LAWS OF 1799. The Legislative acts of 1799 were marked by the passage, by the Virginia Legislature, of the celebrated " Land Law of Kentucky," a historical analysis of which would have but little bearing upon the object in view in this publication. It is enough to say it was well intended and the settlement and pre-emption features were just and liberal. The radical and incurable defect of the law, however, was the neglect of Virginia to provide for the general survey of the coun- try at the expense of the Government, and its sub-division into whole, half and quarter sections, as has been done by the United States. Instead of this each possessor of a warrant was allowed to locate the same where he pleased, and was required to survey it at his own cost; but his entry was required to be so specific and precise that each sub- sequent locator might recognize the land taken up, and make his entry elsewhere, required a precision and accuracy of description, which such men as the surveyors of that day could not be expected to pos- sess, and all vague entries were declared null and void. Unnum- bered sorrows, law suits, and heart rending vexations were . the con- sequence of this unhappy law. In the unskillful hand of the hunters and pioneers of Kentucky, entries, surveys and patents were piled upon each other, overlapping and overcropping in endless perplexity. The full fruits of this were not reaped until the country became more thickly settled. The effects of this old law can be seen by reference to old land suits, and accom- panying depositions filed away in the Kentucky courts, perhaps as much for relics of primitive days, as for evidences of titles long ago settled and recognized as facts beyond further dispute. The imme- diate consequence of this law, however, was a flood of immigration. The hunters of the elk and buffalo were now succeeded by the more ravenous hunters of lands, in the pursuit of which they fearlessly braved the hatchet of the Indian and the privations of the forests, The surveyor's chain and compass were seen in the woods as frequently as the rifle, and during the years 1778, '80 and '81, the great and all- absorbing object was to enter, survey and obtain a patent for the rich- est sections of land. Indian hostilities were rife during this period, but these only formed episodes in the great drama. The year 1780 was distinguished by the vast number of immigrants who crowded to Kentucky for the purpose of locating land warrants. HISTORY OF HENDERSON COUNTY, KY. 21 In November, of 1780, the County of Kentucky was divided into THREE COUNTIES, namely: Fayette, Lincoln and Jefferson. They had now three Quar- terly Courts, holding monthly sessions, three Courts of Common Law and Chancery Jurisdiction, setting quarter yearly, and a host of Mag- istrates and Constables. No court capable for trying for capital offenses existed in the country nearer than Richmond, the capital of Virginia. The Court of Quarter Sessions could take notice only of misdemeanors. The year 1781 was distinguished by a still larger immigration to the new country. Kentucky being now divided into three counties, Fayette, Jefferson anc^ Lincoln, the now County of Henderson formed a part of Lincoln In the year 1789 the "people had become anxious to have a separate and independent State Government, so, in the month of May of that year, they elected delegates to the Convention as prescribed in the third Act of Separation from Virginia, and in July of the same year the delegates met in the town of Danville, now the county seat of Boyle County. Their first act on assembling was to draw up a respectful memor- ial to the Legislature of Virginia, remonstrating against the new con- ditions of separation, which was promptly attended to by that State, and the obnoxious conditions repealed by a new act, which necessi- tated another Convention to assemble in 1790. In the meantime the new National Government had gone into operation. General Washington was elected President, and the Con- vention was informed by the executive of Virginia that the General Government would lose no time in or^anizins; such a regular force as would effectually protect Kentucky from Indian incursions. This had become a matter of pressing necessity, for Indian murders had become so frequent that no part of the country was safe. In July, 1790, the Eighth Convention assembled and formally accepted the Vir- ginia Act of Separation, which thus became a compact between Ken- tucky and Virginia. A memorial to the President of the United States and to Congress was adopted, and an address to Virginiaj again praying the good offices of the parent State, in procuring their admission into the Union. Provisions were then made for the elec- tion of a Ninth Convention to assemble in April, 1791, to form a State Constitution. The Convention then adjourned. In December, 1790, President Washington strongly recommend- ed to Congress the propriety of admitting Kentucky into the Union, ii2 HISTORY OF HENDERSON COUNTY, KY. and on the 4th day of Februar}^, 1791, an act for that purpose passed both houses, and received the signature of the President. Logan County, of which Henderson was a part, was one of the first seven counties organized immediately after the admission of Kentucky into the Federal Union as a State, and in the same year, 1792, was the thirteenth in order of formation, made from a part of Lincoln County, and embraced all of the States lying south of Green River. In the year 1796 Christian County was taken from Logan and made a separate and independent county. It was the twenty-first county established, and comprised all of that territory now claimed by Henderson, Hop- kins, Webster, Livingston, Union, Caldwell, Trigg, Hickman, Calloway, Graves, McCracken, Crittenden, Marshall, Ballard, Fulton, Lyon, a part of Todd and Muhlenberg, and the present County of Christian. HENDERSON COUNTY FORMED. Seven years after the admission of Kentucky into the Federal Union, Henderson County was formed of a part of Christian County, and was the thirty-eighth county organized in the State, and named in honor of Colonel Richard Henderson. Henderson County, at the time of its formation, embraced all of that territory now embraced in Hender- son, Hopkins, Union and Webster Counties; Hopkins was taken from Henderson in 1806, Union County in 1811, and Webster was formed in 1860, of parts of Henderson, Hopkins and Union. CHAPTER II. ABORIGINAL. TF Mr. Collins is correct in his excellent History of Kentucky, mod- ^ ern Indians never inhabited Henderson County; yet, all along the river front, and in many other interior localities of this county, the remains of some race of people are found in great numbers. The en- tire river front from First Street up five or six squares, seems to have been one vast burial ground, as hundreds of skeletons, bones and relics have been taken therefrom by excavators in the employ of the city. It is generally conceded, however, that the Indians were not the aborigines of Kentucky, but that there was, prior to their com- ing, a class of white people known as " Mound Builders," who inhab- ited the country lying between the Alleghany and Mississippi Rivers. Historians and learned antiquaries have proved, so far as tradition- ary and scientific evidence is to be taken, that before the Indians were those strange, mysterious people of the mounds, who left no literature and no monuments except forest-covered earth and stone works. As a race they have vanished utterly in the past, but the comparatively slight traces they have left behind tend to conclusions of deep interest and importance, not only highly probable, but rapidly approaching cer- tainty. Correspondences in the manufacture of pottery, and in the rude sculptures found ; the use of the serpent symbol ; the likelihood that they were all sun-worshipers and practiced the rite of human sacrifice ; and the tokens of commercial intercourse manifested by the presence of Mexican porphyry and obsidian in the Ohio Valley mounds, satis- f actorially demonstrate in the minds of antiquaries the racial alliance, if not the identity of our Mound Builders, with the ancient Mexicans. 24 HISTORY OF HENDERSON COUNTY, KY, Their wars were fierce and doubtless long and bloody. They met the savages with a determined and skilled resistance, but the attacks of their ferocious enemies continued, perhaps throughout centuries, at last expelling the more civilized, and the Mound Builders vanished from this part of the great country. Often, especially for the works devoted to religious purposes, the earth has not been taken from the surrounding soil, but has been transported from a distance. The civilization of the Mound Builders, as a theme, has furnished a vast field for speculation, and theorists have pushed into a wilderness of visionary conjectures. It is gener- ally agreed by learned theorists that Prof. Short's conclusions may be safely accepted — that they came into the country in comparatively small numbers at first, and during their residence in the territory oc- cupied, became extremely populous. They mined copper, which they wrought into implements of war, also into ornaments and articles of domestic use. They quarried mica for mirrors and worked flint and salt mines. Their trade extended from the Lakes to the Gulf. Among all nations, in a simple and rude state, s'tories will be found current which pass from mouth to mouth without the least sus- picion that they are not absolutely true. They are not written, be- cause thfey date from a time when writing was unknown, and the mere fact of their being repeated by word of mouth causes a perpetual vari- ation in the narratives. In this, however, traditionary evidence respect- ing the aborigines of Kentucky, is so well founded in fact, and so well corroborated by historical evidence of a scientific nature, as to preclude the indulgence of historical skepticism. MOUND BUILDERS. It is undoubtedly true that the Mound Builders at one time inhab- ited Henderson County. Dr. Stinson, an old resident of this county, and one who has devoted a great part of his life to the study of archaeology and archaeological investigations, in a letter written in 1 876, says : '* Having examined the camping grounds and graves of the Mound Builders of Posey and Vanderburgh Counties in Indiana, and learn- ing the peculiarities of burying their dead and disposing of their estates, etc., I became anxious to learn whether or not the aborigines of Hen- derson were of the same tribe and habits of those of the above-named counties across the river. Therefore I came into Henderson County and have examined the southwestern portion of it with the following results : I find that their mounds are similar, the mode of depositing or burying their dead do not differ materially. I visited twenty mounds, HISTORY OF HENDERSON COUNTY, KY. 25 some of which I dug inlo, where I found some fine relics, and got in possession of some excellent historical facts." The beautiful niound upon^which is situated Henderson's Tem- ple of Justice, has been the subject of debate for man}' years, a num- ber claiming that it is a natural mound, while many others claim it to be the work of the Mound Builders Tradition has it that this hill or mound in its originality was perfectly shaped, gently and gracefully slopmg from its apex to its base, but that the rude hand of the con- tractor, under the supervision of cruelly tasteless engineers, caused its symmetry to be butchered on two sides. This mound at one time, undoubtedly, sloped in every direction from its summit, as it does now in the direction of Main Street. It is well known, also, that there were a great number of ponds in close proximity to this place, as well as in other parts of the town. Couple this, then, with the historical fact that the Mound Builders did not confine themselves to the taking of dirt from the surrounding soil, but in the building of what they termed their sacred mounds, transported the soil from a long distance, one must at least become reasonably impressed with the belief that this most beautiful spot was the handiwork of that strange people, who have long since lost their identity, and not the work of Noah's waters, or any subsequent upheaving of the elements. It is, perhaps, quite true that our " Justice Hall " stands upon ground once conse- crated to the peculiar worship of the aborigines. HENDERSON COUNTY MOUNDS. There are other mounds in the county and from them have been gathered many interesting relics of antiquity. Upon the lands of the late Colonel A. H. Major, several miles above the city, is a mound of which the following notice was made several years ago. "In digging upon these lands numerous skeletons, supposed to have been aborigines, were found. Colonel Major and D. R. Burbank, conducting the search, are quite of the opinion that this was never an Indian burial ground, but ofa people who inhabited the country prior to the coining of the Indians. Manv articles of peculiar beautv and marked curiosity have been found, among the number pipes, bowls, cooking utensils, weapons of war, and evidences of military and official rank. In one grave was found three skeletons, the two smaller ones, supposed to have been femaies, sitting upon the larger one, supposed to have been a male, and in the mouth of each was found a pipe. This place must have been the burial ground ofa populous race of people, for the quantity of teeth found has never before been equaled," On the farm of A. J. Anderson, in Diamond Island Bend, are many mounds, four of which stood above the high water of 1883, the highest ever known. The ground upon which his house stands is a 26 HISTORY OF HENDERSON. COUNTY, KY. mound, and in 1854, when digging for clay for the purpose of making brick, thousands of bones were found and many remarkable relics, in- cluding glass trinkets handsomely carved. In addition to this, a lump of lead three inches square was found. Mr. Anderson is satisfied in his own mind that his place was never an Indian burial ground, but that the bones and relics belonged to a race of people living here long before the Indians. EARLY OUTLAWS. The first white people of whose history anything is known, con- nected with the prestine settlement of Henderson County, were a set of graceless outlaws noted for their wicked deeds and incomparable attrocities. It cannot be said that they claimed the " Red Banks " as a permanent home, for their lives were devoted to wild adventure, thievery and murder in all their manifold sins and wickedness. These men were the Mays, Masons and Wilsons, headed by the notorious John A. Murrell and Samuel May. Their rendezvous was on the bank of the river, and while here made it their business to rob boats floating upon the river, and, frequently, murdering the crews. This was their headquarters, and robbing boats their occupation up to the time Captain Young and his company (who had organized for the pur- pose of driving them out of the country) appeared in the neighborhood. For a number of years John A. Murrell camped at times upon the iden- tical spot where the residence of A. J. Anderson now stands, opposite Diamond Island, and gave to that place the poetic name it yet retains — " Forest Home." After the appearance of Captain Young, the clan then located at or near Cave-in-Rock, 111., where they continued to pursue their nefarious avocation. EARLY SETTLERS. Prior to the formation of Henderson as the thirty-eighth county in 1798, there were but few settlers south of Green River. The first permanent settlement, of which any knowledge is had, was made above the Red Banks — now Henderson — on Richard Henderson & Co.'s land in the year 1791. These setclers, or a majority of them, were Germans, therefore to that people may be accorded the credit of the beginning of Henderson. During the fall of 1791 two or three fam- ilies located above the now City of Henderson, on the ground which has borne for years the historic name of Hughes' Field. Finding this ground to be low and marshy, they packed up and removed here as a better site for building a village. Immediately after landing they com- menced, with what tools were then at their command, chopping from •the immediate forests surrounding the river bank, logs suitable for building such huts as would protect them from weather and make HISTORY OF HENDERSON COUNTY, KY. 27 them comfortable. When a sufficient number of logs had been gotten together, they commenced the building of a row of block-houses, or cabins, after the primitive stylefon the river bank, extending from the present site of Clore's Mill, at the foot of Sixth Street, down to the resi- dence of Dr. A. Dixon, at the foot of Powell Street. At that time there was a strip of territory one hundred and fifty feet in width lying beyond the present northwestern boundary of Water Street, and on this ground is where the first buildings in Henderson were located. From the gradual washing of the river most of that territory has dis- appeared. That part of it between Second and Third Streets was removed in building the present wharf. THE FIRST SETTLERS here were Michael Sprinkle, John Upp, William Smith, father of William Finely Smith, John Husbands, John Haussman, Jacob Sprinkle, John Kurkendall, Eneas McCallister and John Dunn. During the year 1792 Captain John Dunn was appointed Constable for this territory. Eneas McCallister, grandfather of the late John E. McCallister, was detained here with his family by the ice, while enroute from the Cumberland River country to Pittsburgh, Penn. There were not more than half a dozen little log cabins on the bank, and two of these found vacant by Mr. McCallister were taken pos- session of and occupied by him and his family. There were no Indians at that time to be seen on this side of the Ohio, but on the Indiana side were to be found several tribes, among the number were the Shawnees, from whom Shawneetown derived its name. . They were very troublesome at times, and as heartless as troublesome. A party of young boys, of whom were Michael and Jake Sprinkle and John Upp, armed for the purpose of hunting, crossed the river in canoes, never once suspecting that Indians were in that vicinity, and upon landing were surprised by a party in am- bush, two of them captured, one shot down, the fourth being an expert swimmer, and under providential favors, made his escape back to Kentucky. The two captives were tortured in many ways — they were made to walk forced marches, then beaten with many stripes, and finally, after having undergone a terrible journey, bare-footed and almost naked, marched into Sandusky, on Lake Erie, from whence, after having lived a most frightful life, they escaped, and some time afterward arrived at the Red Banks, to the joy of their kin and comrades. FACE OF THE COUNTRY. Among the traditions of the country we are told that many years anterior to the advent of the surveyors employed by Richard Hen- derson & Co., and even until the cessation of the annual fires, which 28 HISTORY OF HENDERSON COUNTY, KY. used to sweep the earth fore and aft, this country, from the begin- ning of the low lands which encircle the city, was a vast prairie or barren, extending as far as the eye could reach. Indeed, many set- tlers now living, who came to this county long since the advent of the present century, remember when the greater part of the county was a barren territory. There was no timber only along the creeks, water courses and marshy places. This continued for many years until a swamp of scrubby oak took possession of the land, and from this beginning a magnificent growth of timber, including the hickory, ash, gum, elm, maple, poplar, sugar, sugar maple, oak, catalpa, wal- nut and sycamore grew up luxuriantly over the entire country. During these early times the whole face of the country was covered with hazelnut bushes, pea-vines, wild strawberries, blackberries, and a variety of other kinds of wild fruits. Above and below the then villiage of Henderson, the country was one dense cane-brake, afford- ing an abundance of the best food for cattle, which were driven on m large numbers. There were no Indians to be seen except a few friendly ones passing through. WILD GAME, BIRDS AND ANIMALS. The hillsides and valleys were thickly populated with wild ani- mals, such as wolves, wild cats, panthers, deer, and very frequently a large bear would be seen. Turkeys, geese, ducks, pheasants, squirrels, rabbits and other wild game of the smaller species were here in seemingly inexhaustible numbers. Vlr. Payne Dixon, who came to Kentucky and located near Henderson in 1805, in a most interesting conversation with the writer, indirectly mentioned the fact of having seen, a short time after his arrival, a set of elk horns remarkable for their size and length. These horns, when placed with their tip ends down, would admit a man five feet in height walking between the prongs and underneath the skull, without touch- ing it or bending his body. Among the winged birds, found at that time in great numbers, were those which are at this time total strang- ers to his country. They were the paroquet, a species of parrot, but of much handsomer plumage, the raven, a bird made famous by Edgar A. Poe, and many others, noted for the peculiarities of their plumage. As the country gradually developed and became populated the birds migrated to wilder lands. In those days game was very plentiful, a large buck of fine flesh could be purchased for the small sum of fifty cents, while turkeys were given away. No apprehension was felt concerning a knawing stomach, for the abundance of wild game insured a week's supply at any time in a half hour's walk from the door of the cabin home. As long as there was powder in the house and lead in the pouch, the pioneer little worried or thought of hunger ever staring him in the face, but kept his shanty stocked with meats which now command fabulous prices. CHAPTER III. SECOND COLONY. TRIALS OF THE PIONEERS THE OUTLAWS DRIVEN OUT — GREAT RELIG- IOUS REVIVAL. ^;* HE few pioneers who had settled here were, a few years afterwards, ^^ reinforced by the incoming of the ancestors of many of the best families now living, among whom were the Hopkins, headed by General Samuel Hopkins, agent and attorney, in fact for Richard Henderson & Co., the Bells, Andersons, Holloways, Talbotts, New- mans, Barnetts, Ashbys, McBrides, Fuquays, Rankins, Hamiltons and others. About this time all of this section of the country, to the Ten- nessee line ^nd including a great portion of the territory north of Green River, was infested and completely overrun by a band of noto- rious murderers and thieves, who proved a terror to the better class of people. Among this class of outlaws were the Harpes, the Masons, the Wilsons, the Mays, of whom mention has been made, and many others, who were not the avowed, but were the secret friends and abettors of the outlaws. These fiends incarnate, thirsted for blood ; they rode the forests through and through, fearing neither the power of God, nor the defense of the settlers. At that time cabins were far apart, and they connected only by paths and trails. For the settler to attempt a defense by the use of fire-arms, was but an invitation to murder, and to undertake a union of forces at any time for the purpose of combining against the outlaws, was as useless as it was next to impossible. Therefore, many men, solely, for self-preservation, were forced to become apparent friends of these people. Outlawry was at high tide, and deeds of violence, shocking to civilization, were perpe- 30 HISTORY OF HENDERSON COUNTY, KY. trated with as little concern as though regulated by law, and carried out by authority of the courts. A half hour's ride in any direction would place the highwayman out of the range of primitive danger, and safely away in a territory where they could not be found with a double microscopic search warrant. For this reason, then, they were to be, and were greatly feared by all honest men. The better class in those days were in the minority and had to content themselves and keep absolutely quiet in the enjoyment of their possessions, and in the occu- pancy of a purely neutral position. SALT. One of the greatest privations the early settlers had to contend with was the great lack of salt. For months they were compelled to do their cooking without this necessity, and oftentimes forced to ride hundreds of miles over a wild and untraveled country to obtain a small sack, for which a fabulous price was charged. Accounts now in possession of the writer furnish conclusive evidence of this import- ant fact. Ten dollars per bushel was often paid, to which had to be added the loss of time and the long and dangerous journey made to secure a small supply. From old records it would seem that this commodity passed current between men, and in very many instances was taken in exchange for land and stock. It was also frequently given in exchange for labor and merchant accounts. In 1794, exter- nal evidences suggested beyond question, the existence of salt water in many parts of the county, and the feasibility of utilizing it so as to supply the wants of the settlers. Hunters and surveyors traversing the woods and barrens in search of game and boundary lines chanced upon buffalo trails and narrow paths, beaten by the hoofs of deer, and following them discovered what was known as "licks." These licks were frequented by large numbers of wild animals, and as an indis- putable evidence, hillsides were found to be undermined by the lick of wild tongues, and numerous holes yet moist were found there to attest the presence of a briny substance. Upon closer and more accurate examination, the clay was found to consist of a strong part salt, and this determined some of the more enterprising settlers to venture an enterprise which subsequently resulted in one of the great- est blessings to the new country. Eneas McCallister, grandfather of the late John E. McCallister, Esq., having discovered one of these licks on Highland Creek, about twenty miles from the Red Banks — now Henderson — much frequented by buffalo and deer, conceived the idea of boring for salt water. He at once proceeded to sink a well, and at a short distance found water . HISTORY OF HENDERSON COUNTY, KY. 31 of very great strength in abundance. He erected here salt works, and in a short time was able to supply all those living at the Red Banks, the adjoining neighborhood, and^-for many miles surrounding. He continued to manufacture salt at this point for the term of three or four years, at the end of which time parties from Virginia appeared upon the ground, not only asserting, but proving a better title to the land under the laws as then understood. With these undisputable evidences staring him in the face, Mr. McCallister immediately dis- possessed himself and soon after located other wells three miles east on Highland Creek, at a point then and yet known as the "Knob Lick." This soon became a noted locality, so much so that the most important public road running south of west from the Yellow Banks, now Owensboro, was directed to that point. In the formation of Webster County in 1860, this spot was included within the boundaries of that county, and can be found three or four miles to the right of Sebree City. At the Knob Lick, Mr. McCallister found a stream of water equally as strong as the one he had left at Highland Lick, and here salt was made as well as at Highland until the year 1827, when both wells, from some unaccountable reason, ceased to flow, and the works were abandoned. Simultaneously with the enterprise of Mr. McCallister, salt was made in large quantities at the Saline Wells in the Illinois Territory by Captain James Barbour, of Henderson. Much of the salt used by the early settlers of Henderson County was obtained from these works, they going and returning on horseback, with two bushels or less. CAPTAIN YOUNG AND THE OUTLAWS. During the year 1799, the outlaws, of whom mention has before been made, had increased in numbers, daring and villiany. They rode over a large territory of country, embracing the entire Green River section, extending as far northeast as Mercer County, and met with no resistance adequate even to their discomforture. They were guilty of hell-born iniquities, which would put to blush the demoniacal deeds of all ignorance and vice which had preceded their adventure into the new country. They were the terror of terrors, and so much to be dreaded, that Captain Young, a dashing commander, with a number of equally brave men of Mercer County, armed themselves and determined at all hazards, to drive the villains from the country. Mounted upon fiery chargers of blood and metal, and armed with the 32 HISTORY OF HENDERSON COUNTY, KY. best weapons the country afforded, this body of liberty-loving, impet- uous troopers, rushed to the deliverance of their country and friends from this organized clan, not actuated by any lion-like temptation to spring upon their victim or to satiate a long settled and deadly hate, but a clan organized to glut a savage vengeance unknown to the most heartless red man. The life they led, was one of hire and salary, not revenge — it was the counting of money against human life. It was not only the counting of so many pieces of silver, against so many ounces of blood, but it was a life of inhuman nature, enveloped in depravity, intensified in all of its paroxysms of crime. Murder, coupled with robbery, or murder alone seemed to have been the actuating impulse of this Godless clan. The innocent, the weak and harmless, the sil- ^very locks of decrepit old age, the golden tresses of sweet infancy and purity of charming maidenhood, served as no paliating medium, but these met the same fate as did hardy manhood. All, all, who fell in the way of these highwaymen were sacrificed to satisfy their thirst for blood, and died examples of the barbarity of incontinent brutes and fiends. To capture or slay these, was the ultima-thule of Captain Young, and his men, and nothing short of a sad and ser- ious reverse, a grand and overwhelming victory for the outlaws, could check them in their most holy, lawful and natural expedition. A bright sun shone upon their departure, the blessings of the peo- ple followed them, the sweetest smiles and cheering words of female beauty greeted them and bade them God speed. The eolian whis- perings of the winds cheered them on, the forests echoed, clear con- sciences and a firm faith in the right and their ultimate triumph, strengthened them. In all of their adventurous plans and perilous surroundings, they recognized the coadjutant power of the Almighty, in whose good will they most implicitly relied. Captain Young and his men recognized the perils of their undertaking ; they understood the wily machinations of the enemy, and with blood for blood emblaz- ened upon their banner, started upon their mission of capture or death, utterly regardless of their own personal comforts or the hard- ships attending a campaign in such a wild and comparatively un- marked country. Exasperated by new stories told them as they passed on in search of the outlaws, the feelings of the patriots became more and more in- tense, and to slay an outlaw was an act commending the slayer to pro- motion. None of the sympathetic cords were to be touched, no re- pentance or contrition, no changing of minds firmly purposed, but the keenest ambition was to come in rifle range and then to unhorse the HISTORY OF HENDERSON COUNTY, KY. 33 fleeing malefactor. To apply the knife to the throat of one of these was to be a favor graciously embraced by any one of the command. So determined was Captain Young and his men, Mercer County was soon delivered, and the outlaws fleeing for the south side of Green River, many of them, however, were killed before reaching Green River. Captain Young was not satisfied with the great and good work that had been done, but determined to pursue the villains until the last one of them was made to bite the dust, or flee for safety to some other more congenial territory. To this end, therefore, he crossed Green River into what was then Henderson County, and it is asserted as a positive fact that twelve or thirteen outlaws were killed in this county. The citizens who had been so long under the terrible voke, gave him all the aid possible and Henderson County was soon free. The mission of this God-serving band of brave and true men was ex- tended through Henderson on down as low as what was known as '* Flin's Ferry'- and " Cave-in-rock," on the Illinois side of the Ohio River. This place, it was said, and most generally known, was the headquarters of a numerous gang of Jack Shepard cut-throats, who had appointed it as a place of rendezvous, where they kept supplies for flatboats descending the Ohio. Here they held high carnival, engaged in their debauches and planned raids upon the surrounding country It was a secret hiding place, wild and frightful and danger- ous to attack. When rendezvous in sufficient numbers they frequently attacked flatboats, murdered the crews and floated the boat on to New Orleans on their own account. This raid of Captain Young was the first check ever given the outlaws, and for a time broke them up almost entirely. It was soon followed by the killing of the notorious Uriah, or Big Harpe, and the flight of Little Harpe, Mason and others, to the territory of Mississ- ippi, where they and their co-operators were killed by each other, or captured and hanged by the law. Captain Young and his men re- turned to Mercer, receiving the plaudits of the people, and were ever afterward remembered in the prayers of those few settlers who had lived in indescribable suspense. The country, though thinly settled, was now brought to a state of quiet security, every face beamed in the hallowed evidence of liberty and freedom of speech, which had so long been denied them, and honest men soon became outspoken while the over-timid and secret abettors of the outlaws couched lances with them in heralding the good name and daring deeds of 3 34 HISTORY OF HENDERSON COUNTY, KY. Captain Young and his glorious little squad. The outlaws had no friends now. GREAT REVIVAL OF 1797. It seemed as if by special divine will, that a yet greater check was to be given any future life of theirs in the Green River country^ This came in the shape of a great religious revival, certainly the most wonderful and remarkable ever known prior to that time, and per- haps ever known since. Religious interest manifested itself in a most magical way, sweeping* like a prairie flame, and extending its in- fluence in every direction. The entire Green River country, beginning with Warren County, was affected with this wonderful contagion. In those days there were very few, if any church buildings, and the pop- ulation small and very much scattered. No matter, this excitement seized the entire population, permeating every nook and corner of the counties, flying here and there with all the indications of an incom- prehensible outbreak. These were the days of the great divine, Rev. Jas. McGready, whose strong preaching drew hundreds around him, and engaged their earnest work in behalf of the Master and His Kingdom on earth. Camp meetings became the order of the day, often continuing for a month or more. These meetings were attended - by people who had come from fifty to one hundred miles away — not curious amusement seekers, but men and women who had heard and had come to be taught and learn. They were bent upon more light and grace spiritually, than they had ever been enabled to gather from the solitude of a wilderness life. When assembled the body was a large one, a grand one, and great numbers, indeed a very great ma- jority, connected themselves with the church. Among that astonish- ing number of converts were many who had been suspected of being the secret abettors of the outlaws, but, notwithstanding the repulsive taint attaching to their moral character, they were welcomed into the church and did afterwards become respectable and useful citizens. These meetings were conducted by eminent divines, the most noted of whom was the Rev. James McGready, then came Revs. Ran- kin Hodge and William McGee, Presbyterian preachers, and John McGee, a brother of the last named gentleman, who was a Methodist preacher. In addition to these the Rev. William Barnett, of that part of the country, now known as Caldwell County, frequently officiated. Mr. Barnett was a remarkable man, and in addition to his wonderful pulpit and revival powers, is said possessed a voice absolutely sur- passing belief. HISTORY OF HENDERSON COUNTY, KY. 35 Hon. Philip B. Matthews, to whom I am indebted for much of the foregoing interesting recollections of early times, affirms that he could be heard and understood at a distance of one mile- It was at these revivals a disease — if it may be so called — farsical in its intervention and never before known, manifested itself. This anomalous evidence of regeneration — a sample of faith never before witnessed, a disease pedantic in its form — partook of an impassioned restlessness, then the tremors, then the wriggles, then the shakes, then the flounders, then the staggers, and then the whole epileptic catalogue of nervous jerks, seized the victims, while the victims seized the nearest saplings and exerted herculean powers seemingly to un- hinge themselves. This very remarkable outcropping of religious fanaticism permeated the entire camp, creating among many a con- siderable deo^ree of alarm. The whole country became christianized, and. society, law and order became the gainers thereby. At this time and a little after, there was an influx of most desir- kble immigrants from other States. The Dixons, Alves, Harts, Cow- ans, Hillyers and others, from North Carolina; the Towles, Cabells, Subletts, Townes, Terrys, Wilsons and Atkinsons, from Virginia ; John J. Audubon, from Louisiana, and the Ingrams, Herndons and others, from Central Kentucky. The population had not only in- creased greatly in numbers, but the improvement in morals and in- telligence became very noticable. Henderson society, at that early day, would compare favorably with any in the West, and the deeds of violence which had been so frequently committed in the still earlier settlement of the county were of rare occurrence. CHAPTER IV. PIONEER TRIALS. TN addition to the activity of General Samuel Hopkins in disposing -*- of the lots and lands of the proprietors and inducing immigra- tion, it must be said that the representatives of the young State were awake to the importance of the times, and if Kentucky lagged, no fault could be laid at the door of the capital. Numerous difficulties, however, pressed hard around the faithful pioneers — ignorance of the country, of the laws, and, above all, a lack of education. The great difficulty of communicating with the seat of Government, and the fact of being shut out from the few news centers of the world, were obsta- cles which our forefathers were compelled to contend with. In the settlement of disputed land claims, to bring order out of con- fusion, rightful owners of lands located and improved were oftentimes dislodged by the projected intrigues of designing sharpers. Survey- ors were not so expert in those days, nor were the instruments used so faltless in design and manufacture as at this day. Erom these, and other causes, many of the early settlers became disheartened and re- turned to their former homes, or else emigrated to other parts of the country. Notwithstanding these drawbacks and innumerable uncer- tainties of breaking up homes in a settled State and removing with the winds, to one wild and comparatively unknown ; notwithstanding the trials and perplexities to be surmounted in traveling over the wild and yet uninhabited territory, the population continued to increase. Glorious stories of the flower-land were carried back to the At- lantic States, until many of the inhabitants, impressed with the im- portance of the new territory and the abundance in store for those 38 HISTORY OF HENDERSON COUNTY, KY. who would seek it, determined one with another to emigrate and share with those who had preceded them, the riches of that charming land. With a horse and wagon, a buggy perhaps, a faithful wife and children, a dog and a gun, many ventured to leave their Eastern homes in search of this new land upon which it was said nature had lavishly showered its richest blessings. Young men, and old ones — who had but a few years at best to live — plodded along over mountains and through valleys, through forests and cane-brakes, unmindful of the dangers attending their every step. The women, undaunted, but as brave and fearless as the men, trudged their way, sharing those trials and dangers incident to the pilgrims' progress — in many in- stances of State history — exhibiting such marked courage and disre- gard of self-comfort and safety, in the face of dangers, as to nerve and strengthen their male protectors who were leading them to this great land of promise. LAND TROUBLES. New difficulties gathered around the settlers as the population increased. Every fellow of them had come for land, and land he would have, no matter how it was to be gotten. Of course there were those among the number punctilliously honest, yet there were in those days, as there are now, '^ man sharks,'^ keen-witted, and un- scrupulous men, who, regardless of the rights of the weak and igno- rant, and impressed solely and alone with the one aim of feathering their own nests, resorted to all manner of legal and social technicali- ties, to possess themselves of what was not their own, and to dispos- sess those of weak and unguarded business capacity of what properly belonged to them. Squatters, the pests of all early settlements, be- came abundant, and to this day their impudent but successful chican- ery is felt by the descendants of many of the early settlers. In many — very many — instances, rightful owners of lands were non-residents, and their agents were either self-interested and unscrupulous, or else neglected the important trusts committed to their keeping. Settle- ments were permitted to go by default, squatters were permitted to locate second warrants, and so on until lands were cut up into serpen- tine shape, while title boundaries became outrageously entangled. To straighten these rascally-worked boundaries, in order to allot, to the honest settler what • was due him, necessarily entailed an ex- pense perhaps greater than the value of the land in controversy. None of this was the fault of the law, although it has been frequently charged. From 1792 to 1831 the Legislature of Kentucky, by the- passage of many acts encouraging and granting relief to settlers, not only HISTORY OF HENDERSON COUNTY, KY. 39 evinced a marked interest in the population of this section, but did all, and more too,than they ought to have done to aid and encourage immiga- tion. Every inducement, both hl^eral and explanatory, was freely offered, and the settler who- moved in the dark owed his ultimate misfortune to his own ignorance, loseness, or over-confidence in his better posted, and, perhaps, perfidious neighbor. Thus, as a result, land suits multiplied and misery and untold disappointments were piled upon many who had surrendered comfortable homes to come to this new paradise. No one can but feel for these hardy old pioneers, who sacrificed upon the altar of ignorance and misguided confidence, all they possessed of an earthly competence, to assist in clearing up and opening to the world this now productive and wide-awake country. These men faced dan- ger in all of its manifold forms ; they suffered privations untold, that their descendants might inherit the richness of their labors, and yet these " man sharks,'" backed by this same law, intended to pro- tect the weak as well as the strong, swallowed up the loose and unsus- pecting with a keen relish. Tradionary and documentary evidences tell the story of many lords of the land, who moved in disingenious shabbiness, and w^hose intemperance and sensuality were not more reprehensible than their grasping greed for things not their own. As before stated, the Legis- lature had passed, and continued to pass, act upon act, many of them acts explanatory of acts and intended to aid the settler : acts for the extension of time, for locating surveys, for filing necessary papers, for the payment of fees, and for relief in many other ways, were passed at every session of the General Assembly. The laws were as plain as laws could be made; the system laid down was as beautiful in sim- plicity as it was simple in every feature, and had the people followed as directed, there never could have been any reason for a single dis- pute or land suit It is said the primitive- settlers — the very first who came to this section of Kentucky, were men of some education and some means ;. most of them were in the decline of life however. The second gen- eration, owing to the unsettled condition, and the positive want of in- struction, even in the primary branches of education, grew up as the cane, and from this ignorance arose the troubles of various complex- ions, including vice and immoralities, which proved to be a draw-back to the rapid development and growth of the section. The surveyors and others appointed to aid the settlers in locating land surveys granted them, were ignorant men. Upon a close study of the laws from the time of the separation from Virginia to the time all needful 40 HISTORY OF HENDERSON COUNTY, KY. laws, having for their object the untangling of bungling misapprehen- sions, and establishing a simple and harmonious system in the future, had been enacted, we are satisfied that it will be agreed that the Leg- islature did all that it could do under the circumstances to aid and enlighten the settlers. Beginning with the year 1779, it will be seen that all of the land lying between the Green and Tennessee Rivers, from the Alleghany Mountains to the Ohio River, except the tract of two hundred thou- sand acres granted to Richard Henderson & Co., had been reserved by the State of Virginia for tlie officers and soldiers of the Virginia State line, or continental and State establishment, to give them choice of good lands, not only for the public bounty due to them for military service, but also in their private adventures as citizens. No persons were allowed by law to enter any part of the said lands until they — the officers and soldiers, had first been satisfied. -Notwithstanding this reserve, guarded as it was by authority of enactment, many per- sons in their hurry to squat upon some of this land of promise, actu- ally settled upon this reservation, thereby jeopardizing the preference and benefit intended by the State of Virginia and concurred in by Kentucky. Therefore, as a consistant remedy, in October, 1779, the General Assembly of Virginia enacted an ultimatum seemingly hard upon the pioneers between the two rivers, yet in strict conformity with other acts passed prior to that time. By this law, all persons settling after that date upon the lands reserved for the officers and soldiers, or those who having already settled thereon, who failed to remove from the said reservation within six months from next after the end of that session of the Assembly, should forfeit all his or her goods and chattels to the Commonwealth, and for the recovery of which, the Attorney for Virginia, in the County of Kentucky, for the time being was required to immediately after the expiration of said term, to enter prosecution, by way of information in the courts of said county, on be- half 01 the Commonwealth, and on judgment being obtained, imme- diately to issue execution and proceed to the sale of such goods and chattels ; and then, if such person or persons so prosecuted, should not remove in three months, the Attorney was required to certify to the Governor the name or names of the person or persons so re- fusing, who was required to issue orders to the commanding officer of the said county, or to any officer in the pay of the State, to remove such person or persons, or any others who might settle thereon, by force of arms, except such persons as had actually settled, prior to the first day of January, 1778. HISTORY OF HENDERSON COUNTY, KY. 41 • B}^ the terms of the compact with Virginia, passed December 18, 1779, it was agreed that no grant of land or land warrant to be issued by Kentucky, the then propose^ State, should interfere with any war- rant issued prior to -that time from the land office of Virginia, on or before the first day of September, 1791. That the unlocated lands of this district, which stood appropriated to individual, or discription of individuals, by the laws of Virginia for military or other services, should be exempted from the disposition of the proposed State of Kentucky, and should remain to be disposed of by the Commonwealth of Virginia, according to such appropriation, until the first day of May, 1792, and no longer, and thereafter the residue oi all lands re- maining ii) the military reservation, should be subject to the disposi- tion of Kentucky. By an act of the Assembly of Kentucky, passed December 21, 1795, about three years and a half after the expiration of the time stip- ulated in the compact with Virginia, concerning the appropriation of these reserved military lands had expired, it was discovered that a number of people had settled on the vacant lands south of Green River, under a belief that they were no longer to be taken by military warrants, and that the Legislature would grant them settlements there- for, upon their paying a moderate price for the same. The Legislature, by right of vested interest, ordained that every housekeeper or free person above the age of twenty-one years, who had actually settled on any land within that boundary, set apart for the said officers and soldiers on the south side of Green River, which had not previously been taken by a military warrant, on or be- fore the first day of January next following, and should actually reside thereon at the time, should be entitled to any quanity of land not ex- ceeding two hundred acres, including such settlement, provided the settlement did not include any salt lick, or any body of ore. For the pur- pose of ascertaining who should be the rightful owner of the land, it was further enacted that three persons should be appointed with power and authority to hear and determine the right of settlement at a court to be held in Logan County, of which county Henderson was then a part. This court was invested with full power to hear and de- termine all disputes between settlers, and their decision was to be final and without appeal. In case of a contest respecting the right of settlers, the person who made the first improvement should be pre- ferred, that the lands located by virtue of this act should be surveyed within six months, and a plat and certificate lodged in the Register's office within six months from the time of the survey, upon which the 42 HISTORY OF HENDERSON COUNTY, KY. • Register should issue a grant. All fixed fees were required to be paid, and for a failure on the part of the settler to comply with the law, then the survey was to revert back to the State. It was further enacted, that no person should settle on any vacant or unappropriated land within the State in future, with the expectation of being granted the preference of settlement. Subsequently an act, entitled an act, for encouraging and grant- ing relief to settlers, approved March 1, 1797, was amended and re- vised by an act approved February 10, 1798. The act of 1797, which was an amendment to the act of 1795, having been found defective, it was enacted by way of amendment and revision, that any widow or free male person above the age of eighteen years, and every other free person, having a family, who should have or might actually settle himself or herself on any vacant or unappropriated land on the south side of Green River, on or before the first day of July next. following, clear and fence two acres, and tend the same in corn, should be en- titled to two and not less than one hundred acres of land, to include his or her settlement in any part of the survey, which he or she should express in his or her entry ; provided a certificate of a settlement sh5uld not be laid on the lands set apart for any salt lick or spring, with one thousand acres around the same, or for seminary purposes. Every person entitled to a settlement by virtue of this act, was re- quired to lay in his or her claim before a board of three Commission- ers appointed by the Governor, when setting for that purpose, describ- ing the bounds of his or her lands, and furnishing proof of his or her rights of settlement. Each person to whom a settlement was granted agreeably to this act, was required to pay into the Treasury of the State for each one hundred acres of first-rate land, sixtv dollars, and for all lands of inferior quality, fifty dollars, and for a failure to pay the amount and to obtain the Auditor's quietus according to law for the same, within twelve months from the time of granting such certifi- cate, the land was to be forfeited to the State. In addition to this, each settler obtaining a certificate agreeably to this act, was required to enier the same with the Surveyor of the county in which the land should lie, and the same surveyed as nearly in a square as the inter- vening claims would admit of, and to return a plat and certificate of survey, accompanied by the Commissioners' certificate, to the Regis- ter's office of the State, within twelve months from the time of obtaining such certificate, and upon the payment of the usual fees the Register was required to issue a grant. For the purpose of determining who were entitled to a settlement under the provisions of this act, the HISTORY OF HENDERSON COUNTY, KY. 43 Commissioners' appointed by the Governor were empowered to hear and determine the right of settlement, and the class to which said land belonged. The Commissio^iers' were directed to meet at the Court House in Christian County, to which Henderson then belonged, on the third Monday in October, and to continue by adjournment until the business brought before them should be completed. In all dis- putes between settlers, the priority of settlement, the oldest improve- ment made after the first day of March, 1797, was to have preference, and no person was to obtain a certificate for more than one settle- ment ; provided any person who had actually settled him or herself on any vacant land prior to March 1, 1797, and complied with the re- quisition of this act, and resided thereon at the time of the meeting of the Commissioners, and who had not obtained a certificate from the former Commissioners, should be considered the oldest improved, but in a dispute between settlers concerning the priority of improvement under this act, no improvement was to be considered as sufficient, unless the person having made the same should have actually settled thereon within four months from the time of improving. It was fur- ther enacted that any person who should obtain a settlement by virtue of this act. and not reside thereon, either by himself or his or her representative, a": least one year next succeeding the date of his or her certificate, should forfeit all right, title and interest and claim to, or in such settlement, and the same was to revert to the State, Any person who had obtained a certificate for a settlement under the act of 1795, heretofore recited, and had failed to pay as required, were given the further time of nine months to pay the same, without any forfeiture, by paying six per cent, interest per annum, and if the prin- cipal and interest was not paid within the nine months from the date of the act, the lands not paid for should be at the disposition of the Legislatiiie until the whole amount due thereon was paid ; anv person who had obtained a certificate of settlement and neglected to enter the same within the time limited by law with the surveyor, was granted six months further time to do so ; any person, who by a mistake may have settled on a military claim and obtained a certificate from the Commissioners in conformity to the act of 1795, was given by this act twelve months time to remove from the same and settle himself or herself on any vacant and improved land on the south side of Green River. On February 12, 1798, an act to prevent illegal surveys on the south side of Green River w^as approved and a heavy penaltv fixed for a violation thereof. On the twenty-second day of Decem- ber, 1798, another act allowing? the settlers south of Green River to 44 HISTORY OF HENDERSON COUNTY, KY. pay the money due the State in equal instaHments and for other pur- poses, was passed. This act, after reciting the fact that the settlers on the south side of Green River labored under great inconveniences from the scarcity of money, and to remedy the same, it was enacted that all persons who had obtained certificates under this act, passed at the last session — *' Entitled an Act to Amend and Revise the Act, Entitled an Act for Encouragin.^ and Granting Relief to Settlers on the south side of Green River, should be allowed to pay the same by equal annual installments, of one-fourth part of the purchase money, together with lawful interest annually due on the same, the first annual payment to be made on or before the 15th of the follow- ino- November, That all claimants under any former acts passed previous to the year 1795, for the encouragement and granting relief to settlers, should have the further time of six months to pay into the Treasury the several sums due from them, and during the time no forfeitures should accrue for any failure of pavment, according to the provisions of any former law." On December 10, 1799, one year afterwards, another act was passed granting to settlers prior to the year 1797, who had not paid the sums due from them, the further time of ten months to pay the same. This same extension was granted to all persons who had ob- tained certificates under the act of February 10, 1798. This act also gave to settlers who, through mistake, had obtained a certificate on a military or for prior claim, the still further time of eighth months to remove and locate the same on any other land on the south side of Green River not at that time legally appropriated. The further time of eight months was given all persons who had obtained a certificate under any of the before-recited acts to survey the land to which they may have been severally entitled by this or any former act. On De- cember 11, 1800, one year after, an act was passed granting further relief to settlers on the south side of Green River. In this act the Legislature directed that all monies due at that time and to become due for lands 2:ranted bv the Commonwealth to settlers south of Green River, shall be paid in nine annual installments, to be paid on the first day of December in each year thereafter, until the whole amount be paid, with five per cent, interest. Again by this act the further time of twelve months was allowed to all persons, who, through mistake, had obtained certificates for settlements formed on military claims, to re-locate the same on any land on the south side of Green River, not at the time legally appropriated, or entered for by any other person. The still further time of two years was given to all persons who had obtained certificates on the south side of Green River, to enter and survey the same ; nor was this the end, nor were settlements made at HISTORY OF HENDERSON COUNTY, KY. 45 the expiration of the time ; on the contrary, settlers continued to im- portune indulgencies, and the Legislature continued to grant them. An act, entitled, " An Act to Reciuce the Price of Head-right Lands on the South Side of Green River, Approved December 13, 1831," after going on to recite that it had been represented that the lands to be paid for to the Commonwealth, derived under Commissioners', County and Circuit Court certificates, to settlers south of Green River, were generally poor and of little value and owned and settled by poor persons, actually ordained that the owner or owners of any such claim or claims should be permitted to pay for them at the rate of five dol- lars per hundred acres, and at that rate for a greater or smaller quan- tity at any time within twelve months from and after the first day of January, 1831, an act to repeal the law then in existence in relation to head-right settlers, and to dispose of the balance of the debt due the Commonwealth on Commissioners', County and Circuit Court certificates south of Green River, should be filed in the office of the County Court of the county wherein the party resided, subject to the order of the County Court, which was directed after the first day of the following November, to be determined on what public highway or highways within their counties the money or labor arising or due from said head-right debtors should be appropriated. The court was directed to appoint an overseer to lay out the said money or labor upon any road in whatever manner the Court might direct. The overseer was directed to collect the amounts due the Commonwealth, either in money or labor, as the debtor might elect, and the overseers' receipt acted as a quietus to the land claim, so far as the State was interested. So much of the act in force at that time as authorized the owners of head-right certificates to have them surveyed and patented, was continued in force for two years longer ; but all claims not sur- veyed and returned to the Register's office before the end of the above- named time, were to be forfeited to the State, and might be taken up and surveyed by any person in the same manner as other vacant lands belonging to the State. It was further enacted that each of the County Courts of the Commonwealth should have full power and authority, in their discre- tion, to surrender up to any widow, or poor persons, who might be unable to pay, and who had been a settler on the land, any balance due from him, her or them, and, without payment, grant a certificate to the Auditor in like form, as if the payment had been made in money or labor. Again on the seventh day of February, 1834, an act to amend an act concerning head-right certificates, was approved. In 46 HISTORY OF HENDERSON COUNTY, KY. this the owners of head-right certificates were given an additional twelve months, to file in the office of the County Clerk, their certifi- cate as required by the act of 1833. An act entitled an act to reduce the price of head-right lands on the south side of Green River, ap- proved December 13, 1831, was continued in force until the first day of January, 1835. From the foregoing acts of the Kentucky Legisla- ture, concerning the early settlement of the territory south of Green River, it will be seen that body was not alone active in the interest of the new comer, but solicitous that he should choose a safe beginning, and in choosing it, make sure of a prosperous future. No petition of the people went unheeded, and it is quite probable, through the liber- ality of the Representatives, they were often imposed upon and se- duced into doing things, which in their results, culminated in injury rather than good to the people. In this chapter I have endeavored to give a brief history of the early laws, as applied to settlers, and from it may be gained a lesson of the trials and tribulations of our ancestors. They were poor and ignorant and thus necessarily, from surrounding inconveniences, fell heir to great anxiety of mind and body. We now, in this enlightened age, can but poorly estimate what was done by them for us. CHAPTER V. ESTABLISHMENT AND ORGANIZATION OF HENDER- SON COUNTY. IN the earl}' days of Henderson, when settlements were very few and far between, the country wild, no roads, no conveniencies, no n:iode of travel, save upon the back of a horse, or on foot, the means of obtaining information from other parts of the country were poor indeed. There were no mail facilities, no way of getting the news, only through the medium of one to another, who happened to be traveling from place to place. It is not strange, therefore, that the acts of the Legistature were a long time finding their way to the peo- ple, and the people then a long time complying with the law. Offi- cers of the law were distressingly few, and to institute legal proceedings to settle land rights, was an undertaking most of the settlers rather shrank from, than wished to undertake. The nearest courts were one hundred to two hundred miles away, with no roads or bridges. A nar- row passageway or trail beaten by wild animals meandering through the cane, pea-vine, prairie grass and forest undergrowth, offered the only highway, and to make this- journey was both difficult and dangerous. For this reason, perhaps more than any other, many people failed to comply with the law, and what they had earned by honest hard toil was taken away by the more active settler of a speculative and unscrup- ulous turn of mind. There were few men in those days to counsel with, and matters could not be brought from shapeless confusion, with such comparative ease and reasonable expense as they were when the county became mpre thickly populated. During the nine- ties, settlements were made in the county and town until it was deemed A -^4 HISTORY OF HENDERSON COUNTY, KY. advisable to establish another county ; therefore to aid in the more rapid developement of the Green Ri^^er country, on the 21st day of December, 1798, the General Assembly of the State passed the fol- lowing act : •' Section i. Be it enacted^ ^c.. That all of that part of the Count}- of Christian, from and after the 15th day of May next, included in the following lands to-wit : Beginning on Trade Water, opposite the mouth of Montgomer- ies, thence to the head of Drake's Creek, thence down Drake's Creek to Pond River and down the same to Green River, and down the same to the Ohio River, and down the same to the mouth of Trade Water, and up the same to the beginning, shall be one distinct county, and called and known by the name of Henderson. But the County of Henderson shall not be entitled to a separ- ate Representative until the number of free male inhabitants therein contained, above the age of twenty-one years, shall entitle them to one representation, agreeable to the ratio that shall hereafter be established by law. "Sec. 2. The Qiiarter Sessions Court for the County of Henderson shall be held annually on the first Tuesday in the months of March, May, July and October, and the County Courts tor said county shall sit the same day in every other month, in which the Courts of Qiiarter Sessions are not herein directed to be held, in such manner, as is provided by law in respect to other counties within this State. "Sec 3. The Justices of the Court of Qiiarter Sessions and County Courts named in the Commissions for said county, shall meet at Samuel Bradley's Tavern, in the Town of Henderson, in the said county, on the first court day after said division takes place, and having taken the oath prescribed by law, and a Sheriff being qualified to act, the Justices of the said courts shall proceed to appoint a clerk, separately to their respective courts, as they may severally choose to do, and to fix on a place to erect the public buildings in said county where the courts for said county thereafter shall be held." This act made it lawful for the Sheriff of Christian County to make distress fot any public dues or officers' fees unpaid by citizens, within the bounds of the new county at the time the division should take place ; also, that the Courts of Christian County should have jurisdiction in all actions and suits depending therein at the time of said division, and should try and determine the same, issue process, and award execution. This act took effect May 15, 1799. Hender- son was now a full-fledged county, with established boundaries, includ- ing ample territory, one would think, for all practical and reasonable purposes, yet there was a disposition to claim the peninsula north- west of the Ohio River, and now known as the bayou in Union Town- ship, Indiana. Title Papers calling for lines in that territory which was claimed as a part of Christian County, are of record in the County Clerk's office at this time. For a long time this disputed question remained unsettled. On the 27th day of January, 1810, the Legisla- PIRST COURT HOUSE. HISTORY OF HENDERSON COUNTY, KY. 49 ture of Kentucky settled the question, by the passage of the following preamble and enactment : "Whereas, Doubts are suggested whether the counties calHng for the Ohio River in the boundary line extend to the State Hne on the northwest side of said river, or whether the margin of the southeast side is the limit of the county— to explain which-.5^ it enacted, &-c.. That each County of this Commonwealth calling for the river Ohio, as the boundary line, shall be con- sidered as bounded in that particular by the State line, on the northwest side of said river, and the bed of the river and the Islands thereof, shall be in their respective counties holding the main land opposite thereto within this State, and the several county tribunals shall hold jurisdiction accordingly." Subsequent to this in a suit of Handley's lessee, versus Anthony, concerning Kentucky's jurisdiction over the peninsula in Indiana' opposite the Town of Henderson, the Court of Appeals of Kentucky decided among other things — '-That the boundary of the State of Kentucky extends only to low water mark on the western or northwestern side of the river Ohio, and doesnotin- clude a peninsula or island on the western or northwestern bank, separated from the main land by a channel or bayou, which is filled with water, only when the river rises above its banks, and is at other times dry." This decision has forever settled the boundary line of Henderson County, so far as her northwestern line is concerned. In pursuance of the act heretofore recited, creating the County of Henderson, the five Justices of the County Court and the three of the Court of Quar- ter Sessions, commissioned by his excellency, the Governor, met for the first time at Bradley Tavern, in the Town of Henderson, on the fourth day of June, 1799, and organized their courts according to law. The first record says : " This being the day directed by an. act of the General Assembly, for the meeting of the Courts of Justices thereof aforesaid, for the purposes therein expressed, the said officer*- met as aforesaid, and constituted their courts in manner and form following: Present, Samuel Hopkins, Abraham Landers, and Hugh Knox, Gentlemen Justices of the Court of Quarter Sessions of Hen- derson County. Present, Charles Davis, Jacob Barnett, Daniel Ashby, John Husbands, Eneas McCallister and Jacob Newman, Gentlemen Justices of the Peace and County Court, for Henderson County. A commission from his excellency, the Governor of the State, bearing date December 22, 179S, di- rected to Charles Davis, Jacob Barnett, Daniel Ashby, John Husbands, Eneas McCallister and Jacob Newman, Esq's., appointing them Justices of the Pea „ in this county, was produced and read, whereupon the said gentle- men took the oath prescribed by the Constitution, and were qualified a^'ccord- ingly , ^ commission from his excellency, the Governor, bearing date Decem- ber 22, 1798, directed to Andrew Rowan. Esq., appointing him Sherift'of the County, was produced and read, whereupon the said Andrew Rowan took the 4 50 HISTORY OF HENDERSON COUNTY, KY. oath prescribed bv the Constitution, and with Daniel Ashby and Jacob New- man, his sureties entered into, and acknowledged their bond in the penalty of one thousand dollars for the said Rowan's duly and faithfully performing the said office of Sherift" according to law " The Court of Quarter Sessions then proceeded to appoint a clerk and John David Haussman was appointed, whereupon the said Hauss- man took the oath, &c., and entered into bond, with General Samuel Hopkins his surety. The County Court proceeded to appoint a clerk, and John David Haussman was appointed, and with General Samuel Hopkins, his surety, entered into bond, &c. Edward Talbott produced a commission from the Governor, appointing him Surveyor of the county, whereupon he, with Isham Talbott, his surety, entered into bond in the penalty of one thousand pounds for the faithful perform- ance of his duties. The Justices of the Court of Quarter Sessions, and the Justices of the County Court consociated, proceeded to consider and fix upon a place for the seat of Justice of Henderson County, and having con- sulted together, ordered and determined that the public buildings be erected on the Public Square in the Town of Henderson, and that the courts for the county be held in the said Town. The Justices having determined on such matters as were confided to them conjointly by law, dissolved their sitting. The County Court continued in session, all of the qualified Justices being present. The first business pre- sented to the court, was an indenture of bargains and sale from Henry Purviance for himself, and as an attorney in fact for others, the same was acknowledged and ordered to be recorded. The court then adjourned to the school house. RATHER INDEFINITE. The foregoing copy of the record is about as clear and compre- hensive as most of the orders to be found during the official term of Mr. Haussman ; evidently that gentleman never expected a history of the county from its beginning to be written, and had he kept his books with the view of furnishing as little information to the historian as possible, he could hardly have succeeded more thoroughly than he has done. It would be a hard matter at this time to tell from Mr. Haussman's books and papers where Bradley's Tavern and the school house stood at the time he was clerk. It would have been an easy matter, had he simply added the number of the lot or lots. After an extended research through the old records, and repeated conversa- tions with many of the oldest inhabitants, it is pretty generally settled that Bradley's Tavern stood on the east side of Main between First HISTORY OF HENDERSON COUNTY, KY. 51 and Second Streets, and the school house stood in the site now occu- pied by the store house of Thomas Evans, on the northeast corner of Mam and Second Streets. Th?se houses were built after the primi- tive style, unhewn logs being used for walls arid logs hewn on one side for joists. The school house was a small affair, perhaps not exceed- ing fourteen feet square in the clear. To continue with the records of the first County Court, we find that the non-cupative will of Joseph Mason, deceased, was produced in court, proved by the oath of Rachel Thompson, and ordered recorded. In this will a portion of the peninsula lying on the Indiana side, of which we have spoken, was devised and the same mentioned as being a part of Christian County, lying in the northwestern part. The county being without a prison house, it was ordered that^Samuel Hopkins, Eneas McCal- hster and John Husband, or any two of them, report to the next August meeting a plan whereon to erect a public jail, likewise what addition ought to be made to the present school house to make it more convenient for holding courts. Jonathan Anthom was appointed the first constable, executing bond and taking the oath prescribed by law. Court then adjourned ; signed, Charles Davis. CHAPTER VI. THE FIRST COUNTY COURT — HUMOR OF THE PEOPLE— SURVEYING AND OPENING THE ROADS. y^HE meeting of the first court of Henderson County was the occa- ^^ sion of much rejoicing. The Justices and under officers imme- diately became sovereign lords, and were gazed at, upon the adjourn- ment of that imposing body, as though they were of shape curious, or had mysteriously inherited the power of relieving all ills. They were courted and feasted, and button-holed, as though they were new- comers, with all authority and power. In those early days the honor attaching to a commission signed and sealed by the Governor was as highly prized as though it was one of our modern papers, ornamented with variagated sealing wax, pink ribbons, or red tape, bearing upon its face the authority to draw upon Uncle Sam for six thousand or more dollars per annum. It was fortunate that there was but little use for money, as there was but little of it to be had. There were no expen- sive amusements, no extravagant social pastime, no glittering extrava- gancies, or cultured professionals, to draw from the buckskin wallet shining values for an hour's season with the great masters. But there was an abundance of good cheer; — there was the rude, untutored, uncultured swing, of the wild woods fiddler, as he made the welkin. ring, tickling the souls of unblacked brogans with the inspiring har- monies of " Leather Breeches," " Molly Put the Kettle On," or " Buf- falo Gals." Little did those people know of your operas, grand recep- tions, or swell occasion. A puncheon floor, splintery and unadzed, wheron to dance ; a puncheon table, whereon to place their earthern or wooden tableware, a log-heap, sending its sparks up to the clouds, 54 HISTORY OF HENDERSON COUNTY, KY. whereon to broil the richest of meats, and then to swing corners with the rosy cheeked lasses of the wild West, was fashion and glory enough for them. They had their pleasures, and snuffed freedom from every breeze. The woods, barrens and the water courses were theirs ; all descriptions of wild game were in gun shot of their cabin doors. The land was susceptible of the highest culture, and thus the forefathers of many of us stood monarchs over wants, rejoicing, as they had a right to, in a promise of a bountiful plenty showered upon them with an unmeasured hand. To open up the country to travel, to clear out the undergrowth, to settle down to the realities of life, and to regulate the settlement according to the forms of progress and law, became the most important question. The State had been admitted into the Union of States, the county had been recognized by the State, and up to this time the strong arm of the law had seldem ever brought its protecting fold around the few hardy pioneers of the " Red Banks." "but the DAY HAD COME." The settlement of the county was on the increase, and to keep step with their more advanced neighbors, was one of the determina- tions formerly fixed Backed by the authority of the young Common- wealth, they began in earnest to open up lands to bring an uninhab- ited wilderness from its rude originality to green fields of growing grain ; to substitute in place of wolves, herds of cattle and sheep, graz- ing upon a thousand hills; to bring civilization from a comparatively wild state of individual laxity, by organizing courts, building rude temples of justice, and prison houses — such as their limited means would allow — substituting public roads for the trails of wild animals, clearing up the land for cultivation, and such other things contem- plated by law, and the progress of the times in other parts of this great country. The second meeting of the County Court was held in the old log school house on the first Tuesday in August, 1799. The first business coming before the court was the proposition to establish pub- lic roads, whereupon the following order was passed : smith's ferry ROAD. " Ordered, that Samuel Hopkins, Jacob Barnett and Thomas Willingham, or any two of them, mark and lay off" a road from the Public Square, in the Town of Henderson, to Smith's Ferry, on Green River, and Samuel Hopkins is appointed surveyor of that road from the Town of Hendersr>n to the main fork of Lick Creek, and Thomas Willingham, from the main fork of Lick Creek to the ferry; and it is further ordered, that the said Samuel Hopkins, with his own hands ; Arend Rutgers, with his hands; Jacob Barnett, with his hands; Russell Hewett, with his hands; Joshua Fleehart, Thomas Smith and Rgl^ert B^ird, open the said road and keep it in repair from the public square HISTORY OF HENDERSON COUNTY, KY. 55 in Henderson to the main fork of Lick Creek, and that John Kilgore, Thomas Freels, John Knight Nerod Franceway, Elijah Griffith, Lawrence Raw- lasson, Jr., William Rawlasson, Isaac Knight, Nathan Young. Jacob Van- kird, Michael Hog, Adam Hay, Alt^ McGlaughlin, Thomas Stoll, Charles Davis and his male laboring tithables, Adam Lawrence, Jr., John Lawrence, Isaac Lusade and Jesse Kimbell, upou the said road and keep it in repair from the main fork of Lick Creek, to Smith's Ferry." This was the first road established in Henderson County. It ran to a point two miles beyond Hebardsville, where it bore to the right, and approached Green River at a point about one, or one and a half miles above the present Henderson and Owensboro Ferry. This was the crossing place for many years, but subsequently changed to Calhoun Ferry, the now crossing place. Under an act concerning public roads passed by the General Assembly, February 25, 1797, this road was surveyed and opened, yet we have no record of viewers even having been appointed. From this it is reasonable to conclude that this route had been opened prior to 1799 and recognized as a public road, considerably traveled. The distance from Henderson to Smith's Ferry was fully twenty miles, and mostly over a hilly, rugged country, hence the difficulties the few men who were required to mark, lay off and keep in repair the said road must have labored under. There were but two surveyors and twenty-eight whites, and four or five colored laboring tithables to do the work required over the whole line of twenty miles, a work which included clearing, grubbing, level- ing, filling and ditching thirty feet wide. From the list of men ap- pointed to do this work, the reader may form an idea of the popoula- tion of the county at that time, remembering, of course, that many of those named lived fully five and some eight miles from the line of the road. Under the law of 1797, all male laboring persons from the age of sixteen years or more, as well as colored male laboring tithables, were appointed by the court, to work upon some public road. This being the first and only public road in the county and only twenty-eight persons to be found within its whole length of twenty miles, it will necessarily be inferred that settlers at that early date were really few and far apart. These few men and boys were required to open and keep this road in repair. The road was to be kept well cleared and smoothed thirty feet wide at least. Bridges and causeways twelve feet wide were to be made and kept in repair, and for a failure to do anv of the work required, the party failing to attend with proper tools for cleaning the road, or refusing to work the same, subjected himself to a fine of seven shillings for every day's offense. To comply with the law, was either an impossibiltity, or else the surveyors were totally 56 HISTORY OF HENDERSON COUNTY, KY. incompetent, for it will be seen as this work progresses with the business of the Court of Quarter Sessions, that it was a certain feature of that court's business, at each session to find bills of indict- ments against a large majority of road surveyors of the county for failure to keep some parts of their road or roads in repair. " CLEAR CREEK ROAD." ""^ At the same County Court when the Smith's Ferry Road had been disposed of, it was ordered that Abraham Landers, John McCombs, John Seeper, William Stewart and John Rover, or any three of them, be appointed to mark out a road from the Public Square, within the Town of Henderson, in the direction of Clear Creek, and report the conveniences and inconveniences. At the September court, the Commissioners reported having performed their duty, and marked a road running through the lands of Dr. Adam Rankin, Captain Ed- mond Hopkins, John Slover, Sr., Isham Sellers, Jacob Newman, near Robinson Lick, John Slover, Jr., on a fork of Trade Water, where it was supposed the road must necessarily divide itself into several forks, viz: to Nashville, Lexington and Christian. They also reported the route nearly a direct south one, and from its direction would tend much to the convenience and utility of the present inhabitants of the county in general. A summons was directed to issue against the land own- ers, to show cause, if any, why the road should not be opened. At the following November meeting of the court, in obedience to sum. mons, the land owners consented to the opening of the road, and thereupon it was — '■ Ordered that the said road from the Town of Henderson to the mouth of Clear Creek he opened, and that Edmund Hopkins he appointed surveyor from the Square in the Town of Henderson to tlie line of the Henderson & Co, Grant, and that he, witli his own male tithables Dr. Adam Rankin. Sher- wood Hicks, James Worthington, Jocob Newman, Abraham Landers, John Landers. William Laurence, Rawland Hughes Josenli Worthington and their male tithable> open the road and keep it in repair. Wjjliam Black was ap- pointid sur\e\'or from the line of the grant to the old trace from Cumberland to Robertson's Lick, and he, witli John Leeper, Jacob Newman Matthew Kenny. John Christian, Matthew Christian. Nevil Lindsay, Philemon Rich ards, James Veach, Isham Sellers, Ephriam Sellers John Slover, Isaac Slover, John Slover, Jr., John McCombs. William McCombs. James Hopkins, Wil- liam M. Fullerton, Henry Smith. Asha Webb. Andrew Black. John Locks, William IJui^hes. David Hughes, Eneas McCallister, Eneas McCallister, Jr., Jesse McCallister. John Hancock, Robert Robertson, John Reyburn, John Reyburn. Jr , Peter Ruby, Joel Sugg, John Suttles, Joshua Kates, Martin Kates, and such male tithabl^? as they may own, open and keep the said road in repair." HISTORY OF HENDERSON COUNTY, KY. 57 Since the establishment of this road, so many alterations have been made, and so many new roads established, that it is impossible to lo- cate it with any degree o£ accur^y. Enough is known, however, to justify the conclusion that that portion of the Knob Lick Road to a point six or seven miles out, was the original Henderson and Clear Creek Road. The same difficulties which attended the opening of the first road established, were found in the opening of this road. Those who now ride over the broad smooth roads of the county little know the trials, troubles and hard work the handful of early settlers had in opening and clearing these long lines of public thoroughfares. It is not the purpose of this work to attempt the history of each road in the county, for that would prove an endless task, and so multiply its pages as to make it not only uninteresting, but cumbersome. We take it that the location of the main roads of the county leading out of the city, and into which all of the other roads of the county run, will be all that is required and all that is necessary. SPOTTSVILLE ROAD. In 1817 the road, which is now known as the Henderson and Spottsville Road, was established twenty-five feet wide from the Town to Race Creek, and from thence to Hopkins' Ferry on Green River. EVANSVILLE ROAD. During the same year Richard Hart, John Weller, Enoch Sevier and John Stayden were appointed to view a road from Henderson to Evansville. In July, 1818, one year after, John Weller, John Upp, Daniel Smith and Samuel Buttler were appointed to view the same route. In 1819, Daniel Smith, Daniel McBride, William Smith, John Williams, and Robert Terry, were appointed for the same pur- pose and every report made by the viewers proved objectionable to the land owners along the line. At the August term, 1822, a writ ad quod damnum issued and was tried by the following jurors : Robert Terry, W. R. Bovven, Walter C. Langley, Joel Lambert, W. H. In- gram, John Weller, Samuel H. Davis, Robert G. Slayden, James H. Lyne, Obediah Smith, Leonard H. Lyne and Thomas Herndon, who returned the following verdict. *' We, of the jury, find that John Smith, one of the contestants, is en- titled to five dollars and seventy-five cents. John Hart, to fifty dollars." An order was then made by the court, establishing this a public road, and the damages awarded by the jury to be paid out of the county levy for that year. 58 HISTORY OF HENDERSON COUNTY, KY. MORGANFIELD ROAD. In 1822 it was— " Ordered by the court that the road leading from the Town of Hender- son to the county line enr6ute to Morganfield, in the direction of Davis Mill, on Highland Creek, be opened twenty feet wide, cleared, smoothed and es- tablished as one of the public roads of this Commonwealth, and that Charles Walden be appointed surveyor, and directed to open the same," Davis' Mill was located about one mile below the present cross- ing on the Smith Mills route. Some time after the location of this road, Clementine Wimsatt and others procured an order changing the crossing from Smith Mills to the Union County line, to the one used at the present time. For several years there was no bridge built across Highland Creek, and during the dry months it was easily forded. In times of high water, and during the winter and spring months, Mr. Wimsatt kept a ferryboat, which was used in crossing by stage and other vehicles. Since that time there have been many changes made in this road. DIAMOND ISLAND AND KNOB LICK ROAD. In 1823, a road from Diamand Island to the Knob Lick Road, fifteen feet wide, was established. This road followed the Ohio River to a point two miles below Alves Bluff, where it diverged at right angles, passing and crossing the Henderson and Morganfield Road at the present site of the Town of Geneva, from thence to Corydon and Cairo, and thence to the Knob Lick Road. CORYDON ROAD. In 1824 an order was passed to view a road fifteen feet wide, from the bridge on the Henderson and Morganfield Road, to intersect the Diamond Island Road beyond Grixon Brown's. This was done and Grixon Brown appointed surveyor. This road is now known as the Corydon Road, and leaves the Henderson and Morganfield Road just below the bridge over Canoe Creek, three miles from the city. VACANT LANDS APPROPRIATED. In the year 1831, an act of the General Assembly of Kentucky was passed appropriating all vacant lands in Henderson County to the improvement of roads. By this act the Register of the land office was directed to issue to Henderson County, free of costs, two hundred and fifty dollars worth of land warrants, containing five hundred acres each, which said warrants the County Courts were authorized to have surveyed upon any vacant or unappropriated land lying in the county, and carry the same into grant, and to then dispose of the same or any part thereof, and apply the proceeds to the improvement of the mail HISTORY OF HENDERSON COUNTY, KY. 59 road, from Smith's Ferry, on Green River, to the Union County line. These lands were designed to be sold agreeably to that act, and for that purpose William D. Allison^, clerk of the County Court, at its January meeting, was' appointed agent for the county to dispose of the land warrants granted to the said court, with full power to locate said warrants, or sell or transfer the same. Subsequent to this act the County Court passed the following order : " Ordered that the land warrants granted to the County of Henderson by the Legislature be appropriated to the road from the Town of Henderson to the Union County line on the road leading to Morganfield, and that Thomas Towles be appointed Superintendent of the works." •'In the year 1834 the road from Henderson to the mouth of Green River was established fifteen feet wide, with John Weller, Sr., surveyor, who was directed to open the same and keep it in repair. In 1835, February 18, the Legislature passed an act, providing that all the lands within the Commonwealth east and north of the Tenn- essee River, vacant and unappropriated on the first day of August, 1835, should be vested in the respective County Court of the counties in which said lands might lie, to be sold at five dollars per one hun- dred acres, and that the proceeds arising therefrom be appropriated to a fund constituted for the improvement of the roads and bridges of the county, and for no other purpose. STATE ROADS. In the same month of the same year another act was passed declaring the Smith's Ferry and Henderson, and Henderson and Mor- ganfield Roads a State road in connection with the road running from the mouth of Salt River to Shawneetown, Illinois. By this -act, the court was directed to lay off the road from Green River to the Union County line, into convenient precincts, and to allot to each Surveyor a sufficient number of hands to keep the road in good repair thirty feet wide and free from stumps. The County Court, under the provision of this act, was not allowed to alter or change this road. It seems the Commissioner of the County Court experienced some diffi- culty in finding vacant lands at that time, for at the October meeting of the Court the following order was passed : " All persons finding and informing the court of this county of any va- cant and unappropriated lands in this county, shall have a pre-emption right of buying the same from the court at ten per cent, less than the assessed value." 60 HISTORY OF HENDERSON COUNTY, KY. The revenue accruing to the county from this source, while not large, was nevertheless a considerable help, going towards the object for which it was intended. Aside from this, the court was not punctil- liously particular in appropriating the money arising from the sale of vacant lands, as the Legislature intended, for we find in 1836 the following order passed at the October Court of Claims :" " Ordered that the sum of five hundred dollars heretofore appropriated be placed to the order of the Board of Internal Improvements to be applied, in addition to tl\e sum of one thousand dollars, appropriated by the Legisla- ture at their session of 1835 and '36, for the improvements of the roads of Hen- derson County tolicused for the purpose of building a county poor liouse." However, in 1838, the following appropriations for the improve- ments of roads, were made : Three hundred to improve what was known as Robinson's flat, two and a half miles out on the Knob Lick Road, one hundred dollars to the road to Calhoun's Ferry, on Green River, the ferry having been changed from Smith's, four hundred on the road leading to Madisonville and four hundred on the road lead- ing to Morganfield. For these amounts the Commissioners appointed by the County Court to superintend the work were authorized to draw upon the agent of the Internal Revenue Fund. STATE ROAD TO HOPKINSVILLE. In 1841, an act, entitled an act to establish a State Road from Henderson through Madisonville to Hopkinsville, was approved Jan- uary 26. In obedience to this act, the County Court of Henderson County appointed Willie Sugg and Levin W. Arnett Commissioners for the county, to meet Mark- A. Bone and Frederick Wood, of Hop- kins County, and Reading Barfield, of Christian County, for the pur- pose of viewing the old road. At the October court the Commissioners reported having viewed the route, and at the November court follow- ing, they, together with Samuel Morton, Surveyor ; William H.Thom- asson and William Morton, chain carriers, and James Bishop, marker, were allowed such fees as the law prescribed should be paid. Mr. Morton was allow^ed for three days' work, the time spent by him in sur- veying the route through Henderson County. The report of the Com- missioners was adopted and the road established and recognized as a State road, although a route from Henderson to Madisonville had been established many years prior to that time, yet this was the first impor- tant recognition of the road. HISTORY OF HENDERSON COUNTY, KY. 61 FLOYD AND LOCKETT ROAD. In 1855 application was ma^e by Dr. W. B. Floyd and Thomas J. Lockett, for the opening and location of a public road from Thomas W. Royster's to intersect the Madisonville Road at a point between the old homestead of John T. Hopkins and Canoe Creek. On this application it was ordered by the court, that Enoch Spencer, William G. Denton, Joseph McMullen, and John D. Weller, be appointed viewers ; to this John T. Hopkins and S. J. Hawkins, through a por- tion of whose land it was proposed to locate the road, objected, and on their motion another set of viewers, to-wit : James Alves, Mad- ison M. Denton, John A. Randolph, Wyatt H. Ingram and W. R. Rudy, were appointed to view the road from Thomas W. Royster's to intersect the Madisonville Road at a point two or three miles further on toward Madisonville. The route, as proposed by Floyd and Lockett, began at Thomas W. Royster's and ran thence through the lands of Joseph McMuUin and Thomas Spencer, thence on the lines of Elizabeth Denton, John H. Spencer, Thomas B. Higginson, Samuel D. Denton, William G. Denton and Enoch Spencer, thence over the lands of Madison M. Denton, Thomas D. Talbott, Mary S. Talbott, Thomas J. Lockett, and on to the old Slover Flat Road, thence over the lands of Mrs. Chinoe Smith, to Sugg's corner on Alves' line, thence on this line to his corner, thence on Edgar Sugg's line to the corner of the horse-lot on the Edgar Sugg's farm, now owned by Gabe D. Sugg, thence over the land of S. J. Hawkins to what is known by the name of the Agnew route, thence with said Agnew's route to the Madisonville Road leading to Henderson. On the twenty-fifth day of February, 1856, the viewers reported and summons was directed to issue against the land owners, a writ of ad quod dam?ium was issued and tried as to all except Hopkins, in whose case the jury hung. June, 1856, the apjplicants and J. T. Hopkins entered into agreement that Y. E. Allison, Judge of the County Court, might go upon the land of said Hopkins and assess the damages. This the Judge very sensi- bly declined to do. August, 1856, Hopkins and Hawkins moved to quash the returns. This motion was overruled and the road ordered to be opened and established as a public road thirty feet wide from Thomas W. Royster's to the Henderson and Madisonville Road at John T. Hopkins', and over and along the route reported by the viewers. It was further ordered that the expense of building five bridges reported to be necessary, was too great for the precinct or pre- cincts of the road. To all of this Hopkins and Hawkins objected and prayed an appeal to the Circuit Court, which was granted At the 62 HISTORY OF HENDERSON COUNTY, KY. December term of the Circuit Court, a decree was rendered reversing for sufficient reasons, the proceeding of the County Court, so far as Hopkins and Hawkins were concerned. On the twenty-ninth day of October another writ of ad quod da7}iniim was awarded by the hi^^her court and was tried upon the premises by the following jurors : J. E. Jackson, Larkin White, R. E. Moss, Thomas McFarland, P. D. Neg- ley, VV. S. Pamplin, James S. Hicks, E. T. Cheatham, John Walden, James White, W. B. Smith and J. W. Tapp. This jury returned the following VERDICT : *'John Hopkins, for damages, one thousand and seventj-seven dollars; S, J. Hawkins, for same, two hundred and eighty-one dollars and seventy-five cents." April, 1858, Thomas J. Lockett, Wm. Lockett and Andrew Agnew agreed with the County Court to have three of the five bridges built at no expense to the county, whereupon it was ordered that the road be opened as first directed. This proceeding was still resisted by Hop- kins and Hawkins, but finally compromised. Then the road was established and laid off into one precinct, with Thomas Spencer as overseer. There was never, perhaps, a public county road established which engendered so much bitterness of feeling and had such a bill of costs attaching to it as was the case in this Floyd and Lockett Road. For three years it was fought in the courts, and a host of witnesses summoned to testify. Eminent lawyers were employed on both sides, and every technicality known to the law was taken advantage of by both parties. The road cost the co nty a large amount of money ; nev- ertheless, it has been a blessing greatly enjoyed by the inhabitants of " Frog Island " and others adjacent to the line. A NUISANCE. The old road service, or system, established by law for road-work- ing, was always regarded by most persons as one faulty in the extreme, and not more than one remove from a nuisance. All male laboring persons of the age of sixteen years or more, except such as were mas- ters of two or more male laboring slaves, of the age of sixteen years or more, were appointed by the court to work on some public road. Every person so appointed was required, upon notice of the Surveyor, placed over him, to attend with proper tools for clearing the road, or do such work as might be allotted him, or to find some other person equally able to work in his room. In case of his failure to attend when summoned, he was required to pay the sum of seven shillings, sixpence for every day's offense. If the delinquent was an infant or HISTORY OF HENDERSON COUNTY, KY. 63 minor, the sum was to be paid by his parent, guardian or master, or, if a slave or servant, by his overseer or master. The amount could be recovered by the overseer of the road before any Justice of the Peace within his county, and one-half of the fine was to go to the overseer of the road. For this work the laborers were entitled to credit on their account of good citizenship. This continued until 1821, when payments were then made for the use of teams and implements. DUTY OF ROAD SURVEYORS. The surveyors of roads occupied an unenviable position, for to him, and him alone, did the traveling public look for a good and safe foundation to travel over. It was made his duty to superintend the road in his precinct and to see that the same was cleared and kept in good order and repair, and upon his failure to do this, he was sub- jected to a fine of any sum not exceeding ten dollars, nor less than two dollars and fifty cents, to be recovered by indictment. For years and years, at each term of the Court of Quarter Sessions, and then the Circuit Court, it was the custom, whether from the force of habit, or spite, for at least two-thirds of the road surveyors to be summoned to answer an indictment or indictments found against them, for neg- lecting some part of the road under their charge. Road overseers, as they were called, were subjected to an ordeal in early times that would hardly hold these piping times of limitless civilization. Yet, those people who paved the way to a glorious and un- thought of future, we must bow our heads in humble acknowledgment, that while public matters are at this day more systematically arranged, there is more wealth behind, more of everything conducive to success ; yea, more; that had we to-day, as a people, to undergo what was their lot, we should miserably fail. We must confess that the children and grandchildren have not inherited the hardy, indomitable spirit of pio- neer manhood. CHAPTEPx VII. GETTING READY FOR WORK — PRISON HOUSE TO BE BUILT, ETC. SUICIDE OF J. ELMAS DENTON, JAILER. ^ T the July meeting, 1709, of the County Court, initiatory steps were taken looking to the building of a prison house of suitable size for those times. General Samuel Hopkins and John Husband were appointed a committee to investigate and report a plan for such a building as in their judgment would meet the views of the court. At the August term of the said court, the committee made the follow- ing report. The report is copied verbatim and was evidently written by the learned architect who furnished the plan of the then royal lockup: "The Commissioners appointed to report a plan of a "goal," and the necessary repairs of the school house to make it convenietit for holding the courts therein, reports the plan of the "goal " as follows: the lower room to be twelve feet in the clear, built of square timbers ten inches thick, each wall three double, with the middle timbers standing upright, the floors double ten inches thick crossing each other, the loft in the same manner, the upper room of square logs eight inches thick, both stories eight feet high and clabboard roof, and the necessarv^ grating for the windows and locks for the doors, to be doub- led and fifty dollars to repair the school house. "SAMUEL HOPKINS,^ ''JOHN HUSBAND, " Commissioners . WHEREUPON IT WAS " Ordered, that a jail be built on the Public Square in the Town of Hen- derson. Abraham I^andcrs, Jacob Barnett and John Husband arc appointed Commissioners to let the building and the additions to the school house, to 66 HISTORY OF HENDERSON COUNTY, KY. the lowest undertaker; provided, however, such alterations do not materially exhaust the amount oi funds insight and report." At the September meeting, the Commissioners reported having let the building of the jail to Jonathan Anthony, for the sum of three hundred and thirty-nine dollars, to be built according to the plan and specifications reported. This report was adopted, and the Com- missioners continued with instructions to make further efforts to let the additions to the old school house, to any person who would un- dertake the work, for a sum not exceeding fifty dollars. This, the first public building in Henderson County, was soon begun and completed. VIEWERS APPOINTED. At the February term of the court, and the first court held after the completion of the new jail, the following order passed : " On motion of Jonathan Anthony, it is ordered that Adam Rankin, John Standley and John Sprinkle gentlemen to view the house built by said Anthony, for the public jail of the county, and make report of the repairs to be made to said house in order to make it sufficently strong for the safe keep- ing of prisoners of the court." Agreeably to this order the Committee of the court did view the jail, and returned to the court the following report: viewers' report. " By order of the court we proceeded to view the jail, and find the doors of the lower story to be about three and a half inches thick, not well spiked, and that part of the hinge which goes into the log for the door to hang on, does not go through to clinch, the facings of the doors are not spiked, the sta- ples are not sufficient, some of the logs of the upper floor of the under story are loose and ought to be made fast ; the locks we can't say anything about, as thev are not at the doors, the bars of the window not an inch thick, the door of the upper story not well spiked, nor the facing, which ought to be done; the windows not so large as called for, and the facing not well spiked, some of the logs not squared and not sufficiently close. '• ADAM RANKIN. "JOHN HUSBANDS, '*JOHN SPRINKLE." " A FAULTY GOAL." From this report the court determined that Mr. Anthony, the contractor, had not complied with his contract, but, on the contrary, had failed to convince them that he was a respectable mechanic. However, when the new jail had been completed, it was the pride of the town, not so much owing to its architectural beauty and finish, as to the fact of its being the first public building in the county. It had two stories and two doors, one door opening into the lower story, the other a trap-door opening into the upper story. It had one small HISTORY OF HENDERSON COUNTY, KY. ' 67 window or light-hole in the second story. The lower story was called a dungeon, the upper the debtors' prison, where persons arrested for debt were confined. A comrtfon split ladder furnished the poor debtor a pathway from the dungeon to his abode above. There was no fire-place in the jail, so during cold weather those confined in it were compelled to go to bed, keep up a lively calesthenic drill or freeze. This little log prison house, no better than a majority of the cattle stables of the county at this time, was received in 1800, and re- cognized as headquarters for criminals and debtors, until proving in- sufficient. •' A NEW JAIL." Was ordered to be built in 1807. From accounts on file in the office of the County Clerk, it is safe to say that during each year of its ex- istence more money was paid out by the county for jail guards than the miserable little concern cost originally. This insignificant hut was located on Court Square on the spot where the front gate now stands. This second prison was built in 1808 and was of the follow- ing dimensions : *' The dungeon for criminals sixteen feet square, the sides of hewed logs ten inches in diameter and three logs thick, the floors of the same kind of logs, and two logs thick, laid at right angles to each other, the inner door made ot timber three inches thick spiked with iron spikes three inches apart, hung on strong and sufficient iron hinges with staples and two strong bars to secure the door on the outside ; the outside of the door of the same dimension, and finished in the manner as the inner door, except that it shall be secured with a strong jail lock with a window nine inches wide, and two feet in length, se- cured with a strong iron grate. Hie debtors' apartment immediately above and of the same dimensions as the dungeon, appendant to the dungeon on the side out of which the door may be cut, a room sixteen feet square of hewed oak logs, one story high, with a good plank floor and loft, a brick or stone chinmey in the end, with a door or window in the front of the house, and completely and comfortablv finished for a guard room. It was further ordered that each of the before described looms be covered with good jointed shingles and lastly that the dungeon, debtors' room and room for the guard, be begun and finished in a workman-like manner, on or before the first day of October, 1808. Benja- mine Talbott, having agreed, with the consent of the court, to do the above de- scribed work, and for which he is to give bond with security in the Clerk's office, with covenant, agreeing with the order of the court in this particulai, he is permitted to make use toward completing this work, of such iron taken from the late jail as he may think proper." This jail was used until the year 1820, and during its- twelve years of existence was never regarded as a safe prison, and was a continual expense to the county. Accounts running from fifty to one hundred dollars were presented annually for guard service, and it may be 'f 68 * HISTORY OF HEND*ERSON COUNTY, KY. safely said that five times the cost of the building was paid for guard service alone. These claims continually coming in, awakened the Magistrates to the importance of building a stronger house, so at the October Court of Claims, 1816, five hundred dollars were levied for that purpose. In 1817, '18, '19 and '20, additional levies were made for the same purpose. In the year 1818 Ambrose Barbour, Fayette Posey and John Holloway were appointed commissioners to have built a good and sufficient jail. They presented a plan with specifications, which were approved and adopted. A contract, on the' the twelfth day of June, 1819, was entered into with Francis Ham- mill, the then leading contractor in the town, and for the sum of five hundred dollars, but from some unknown cause was annuled, and another made on the third day of September, with William R. Bowen, at, and for the same price, according to the copy and minute of the court, but for the sum of three thousand five hundred dollars, accord- ing to the contract signed and entered into between the parties. That our readers may know the character of the building which stood on the brow of the Court Hill for forty-three years, the specifications adopted by the Commissioners are here inserted : THE THIRD JAIL. "The house to be of brick, forty feet long, twenty-six feet wide, two stories high, the tower story to be nine feet high between the sleepers and joists or floors, and the upper story to be eight feet high between the floors ; they must be divided in the lower story by a brick partition midway the house. The lower story two and a half bricks thick, the upper story two bricks thick in the walls, and two bricks thick in the partition, the underpinning to be stone to the tables, the upper room to be divided into three rooms or cells, each room to be 11x12 feet in the clear, the outer wall of which to be lined with timbers six inches thick, upright, to be faced crosswise with two-inch oak plank, and at least two inches thick and nailed or spiked to the timbers. The parti- tion walls, of and between each of the upper rooms or cells, to be made with upright timbers, eight inches thick and faced on each side, crossing with two- inch oak plank, as aforesaid. The lower floor to be laid with one and one-halt inch oak plank, with strong sleepers, the plank to be seasoned and jointed, but need not be dressed. The floors to the second story to be laid with timbers, close, ten inches thick and faced with two -inch oak plank, seasoned and joined as aforesaid, above and below the floor. The upper rooms above to be made with ten-inch timbers, as aforesaid, to be taced cross-wise below with two-inch oak plank. There must be a passageway to the upper room, six feet wide, made with ten-inch timbers, and faced with two-inch oak plank, as aforesaid; on each side, the timbers in all cases, must be placed upright and close together, and the oak plank for the facings must be seasoned and joined, but need not be dressed. To the lower rooms there must be an outside door, and window of eighteen lights to each room, opposite to each and midway of each room, HISTORY OF HENDERSON COUNTY, KY. 69 except the room in which the stairway is run up. The stairs to be tour feet wide and the railing strong ; the steps to be made of oak planks one and one- half inches thick, seasoned and joinied. The door to enter the passage above Tnust be a falling or ti'ap-door of two-inch oak plank, seasoned and jointed double, and spiked crosswise together, to be locked below with a double bolted padlock, and strong hinges let into the timber above. The doors to each of the cells above to be made of sheet-iron at least one-eight of an inch thick, faced with a door of two-inch oak plank, spiked with strong iron spikes, and the facing of each door to be of the same material and thickness, fastened to the timbers, and plank facing with strong iron spikes. The locks to each of the cell doors must be locked with large and strong locks outside. There must be an iron netting above each cell door of one inch square, twelve inches hio-h and as wide, as the door. The windows above to be opposite each cell door, of eight lights each, to be gurded with an iron netting one inch square, and the facings must be iron as aforesaid. There must be a chimney at each* end of the jail, with a fire-place in each room below, to be placed outside of the wall above, so as not to weaken the wall to the outside cells. The materials of every kind must be of the best kind, and the whole work must be done in a strong, substantial manner. It is to be, and is understood, that the upright timbers are to be let into the timbers above and below with a tenant or groove of two inches deep in the whole width. The roof to be made in the usual way, for instance, as the Court House, in form and material. The rooms in the first story and partition must be plastered, as the Court Room of the Court House." This building wa.s located on Court Hill in the rear of the Court House, and in 1820, was completed and received from the contrac- tors by the County Court. Outside of necessary repairs, it was never of much expense to the county, and was never broken but twice in its history of forty-three years. During that time many of the hard- est characters known to the law were incarcerated in it. There are incidents connected with this old building interesting and amusing; there are also painful truths, which it is not the purpose of this book to tell about. In 1853 the following order was passed, which will no doubt amuse the reader : ''Ordered that the jailer of Henderson County purchase for W J. PhiHps, a prisoner in the county jail on the charge of felony, one comfort, an i take fire three times a day, in a pan, for him to warm by, and to guard the fire while said Philips is warming." A NEW JAIL TO BE BUILT. For several years prior to 1860, great complaint had been made to the court concerning the county jail, and at the January, 1860, court, *'Itwas ordered that John H. Lambert, William B. Beatty, Barak Bras- hear, Y. E. Allison, and L. W. Brown, be appointed commissioners to exam- ine the jail building of the county, and report whether the same can be heated 70 HISTORY OF HENDERSON COUNTY KY. bv any safe means, and if not, and they think a new jail ought to be built to report a plan and the probable cost of the work " The Commissione'rs returned their report to the March court fol- lowing, and thereupon the Magistrates of the county were summoned to consider the same. In April the Magistrates met, and after hav- ing considered the premises for which they had been summoned, " It was ordered that William B. Beattj, Y. E Allison, F E Walker Barak Brashear. and Mat J. Christopher be appointed commissioners of the county to have made and report a suitable plan and specificaiions for a new jail and dwellin.^^ house for the jail, the cost of the same to be fixed at cash prices. It was further ordered that P. A Blackwell, F, E Walker and P H. Lockett be appointed a committee to ascertain and report what amount of money the county may have to bo.row, and upon what' terms the same can be secured, upon the credit of the county for the purpose aforesaid." The Commissioners appointed to report a plan and specifications, did so, but from some cause the report did not suit the minds of the Magistrates, and thereupon another set of commissioners, to wit • James B. Lyne, Edward D. McBride, and C. W. Hutchen were ap- . pointed to draft a plan of a good and sufficient jail, and report at this court. Five cents on the one hundred dollars was levied, to be col- lected and paid into the jail fund. At the November court, 1862, the Commissioners reported a plan and specifications prepared by F. W Carter, of Louisvil'e, an architect of considerable reputation, and the same were adopted and approved by the court. On motion Mr. Carter was allowed one hundred and fifty dollars for his work. On motion it was "Ordered that C. W. Hutchen, Y. E. Allison, F. E. Walker. E D Mc- Bride, and Jesse Lame be appointed a committee to le^ out the building of the new jail to the lowest and best bidder and superintend the building as it pro- gresses." ® ^ They were also directed and empowered to borrow money on the credit of the county at any rate of interest i^iot exceeding 8 per cent. In 18G4 this jail was completed, and received, and Y. E. Allison ap- pointed and directed to sell the old building. The present residence of the jailer was built at that time, and in its rear stood the prison which was thought to be strong enough for all purposes. Around the prison was a brick wall fifteen or twenty feet high, which was thou-ht to be amply sufficient to prevent the escape of any one who might break jail, but this theory proved to be incorrect, and the jail proved to be more vulnerable than the old one, which had been torn down. After some years it became notorious, and regarded as totally unlit for the purpose for which it was intended. HISTORY OF HENDERSON COUNTY, KY. 71 STILL ANOTHER JAIL. The Magistrates, in commission June, 1871, by order appointed C. Bailey, Isom Johnson, and Jackson McClain commissioners to ex- amine the jail building. They were authorized to employ skilled ad- vice, and if in their opinion the building could be repaired, to report what repairs were necessary, and the probable cost, and if in the event the prison could not be made secure, then to report a plan, specifications and probable cost for a new prison house. The Com- missioners soon determined that the jail standing at that time was worthless, the timbers having rotted, and at no time was it such a house as to command the respect of an expert jail bird. They de- termined that a prison large enough and strong enough should be built, and to better do this, they visited several large cities and made personal examinations of prison houses, built upon the most modern plan, with a view to convenience, strength and security against jail breakers. After thoroughly posting themselves they reported to the August term, 1871, as the result of their labors, a plan and specifica- tions which received the approval of the court. The court in session at that time was composed of the following named Magistrates : G. W. Griffin, J. E. Denton, J. M. Johnson, Jesse Basket, James M. Stone, Asa F. Parker, Ben F. Gibson, J. A. Priest, Green W. Pritchett, C. S. Royster, Hiram Turner, J. F. Toy, William S. Cooper and William W. Shelby. The Commissioners were instructed to advertise for bids and contract for building the new jail, to contain at least sixteen wrought iron cells, and if, in their opinion, the walls standing at that time would not do to be lined with iron, and they should deem it best to build the jail entirely new. This they were authorized to do, hav- ing the walls built of blue limestone, or good hard well burnt brick, and lined with iron as in their opinion would be best for the interest of the county, taking into consideration the cost and durability of the work. At this same term, to wit : August, 1871, bonds of the county, to the amount of twenty-five thousand dollars, w^ere authorized to be issued bearing 10 per cent, interest, payable semi-annually, and re- deemable after five years at the pleasure of the county. November 23, eight thousand dollars additional bonds were directed to be issued. A number of bids were received by the Commissioners, and upon a careful and close investigation the contract for building the jail was awarded to Haugh & Co., of Indianapolis, Indiana. Subsequently the contract was assigned to Norris & Hinckly, who completed the build- ing at and for the sum of thirty-three thousand four hundred dollars, including all alterations and changes. Major J. M. Stone, who was 72 HISTORY OF HENDERSON COUNTY, KY. appointed superintendent of the work, and also a committee to have printed and dispose of the bonds of the county. He did his work well, and paid into the county treasury between sixteen and seventeen hundred dollars premium, received upon the face of the bonds. Major Stone and Asa F. Parker were appointed a committee to. sell and have removed the old jail when it was determined to build the present jail entirely new from the ground up. It was sold to the City of Hender- son for a small price, and all of the material of value used in build- ing the present handsome city building. On November 30, 1872, final payment was made the contractors. This prison when completed was thought to be invulnerable. It was built upon the most approved plans of prison architecture, including strength and durability, and yet it has been broken or cut through as often, or perhaps oftener, than any of its predecessors, showing conclusively that there is nothing that tools will make that tools will not unmake. One of the saddest in- cidents in history is associated with this jail. In December, 1875, dur- ing the official term of J. Elmus Denton, a high-strung, impetuous, honorable gentleman, the inmates of the jail effected their escape. The excitement attending the escapade prayed heavily upon his mind, and completely unnerved and prostrated his sensitive, though fearless spirit. He was not to be intimidated by a hundred men, but the censure of the public was more than he could withstand. He thought of nothing else, he allowed his imagination to run wild, and while his friends were far from censuring him, he yet imagined that they did, and within his mind resolved to take his own life rather than face, as he apprehended, a reproving and complaining public. On the morning of December 18, he walked, as was usual for him, up on Main Street, and while there settled several accounts that he owed. Returning to the jail, and without intimating to a soul on earth, or taking a farewell look or kiss of his devoted wife, went immediately to a room in the second story of the residence, bolted the door, and fired a leaden ball through his brain. He fell upon the floor and ex- pired immediately. His wife hearing the report, rushed to the room door, little anticipating what her eyes would soon behold. Other friends came, and before an entrance could be effected the door had to be broken in. Upon the opening of the door there lay the noble frame of J. E. Denton, enhearscd in death. The scene was a terri- ble one, completely unnerving those present. Major J. M. Stone was potified and immediately caused a jury to be empanneled for the pur- pose of holding an inquest. Upon the body was found the note written a short while before the fatal shot, which settled the question as to the cause. He admitted his weakness, and hoped that his death would atone for the jail escapades. CHAPTER VIII. T HAVE stated in the first chapter, that when the first commis- ^ sioned justices of the County of Henderson met, that meeting was held in Bradley's Tavern in June, 1779. After organizing both the Court of Quarter Sessions and County Court, the respective courts adjourned to meet in the old school house, as it was called, without defining its location. This old hut, as it was nothing more, was leased, or perhaps taken for the use of the two courts. Of this, however, the clerk failed to leave any testimony. Whether it was used as a school house during the interim of the courts, and vacated by the schools at those times, is a fact we shall never know more about than is now known. This house was adjudged inadequate for the purposes of the courts, and a committee was created for the purpose of having such repairs and additions made to it as would make it both comfortable and convenient. The school house, as I am best informed, stood in the woods, corner of Main and Second Streets, on the spot where now stands the two-story brick owned by Joseph Adams' estate, and occu- pied byThos. Evans as a grocery store. The Commissioners appointed to investigate its primitive build and condition, were instructed to bring the cost of improving the house within the limit of a fifty-dollar bill, and by no means to exceed that amount. The means of the infant county at that time, as well- as for many years thereafter, were extremely lim- ited, and to repeat a common expression, " A cut four-pence in the eye of a pioneer was as big as a buffalo." On this account the greatest caution had to be exercised in creating debts, even for necessary im- provements. The people were not taxed heavily, but there was no money of any consequence, and no commercial relations to attract capital. The Commissioners experienced great difficulty in getting the 74 HISTORY OF HENDERSON COUNTY, KY. school house fitted up as the Justices wished, and whatever became of it will never be known, from the fact the records from a few months after this to 1816 are lost, therefore the story of the old school house must come to a sudden and unsatisfactory termination. From old, worn, mutilated papers found tied in a shapeless bundle, with strings which have rotted from absolute old age, I have discovered enough to know that the courts of the county continued to hold their meetings in the old school or some other similar house until the year 1814, when they took possession and were installed, in all of the pomp and ceremony attaching to occasions of that kind, in their new Temple of Justice built on the site now occupied by the present Court House. THE FIRST COURT HOUSE. At the January term of the County Court, held in the year 1813, Daniel McBride, Samuel Hopkins, Jr., James M. Hamilton and Am- brose Barbour were appointed commissioners to inquire into the ex- pediency of building a new Court House, and if expedient, to report a plan and specifications for the information of the court This was soon done, and the plans and specifications drawn and written by Samuel Hopkins, Jr., were adopted, and an order entered, that a Court House be built of brick according to that plan with the varia- tions in the same, that there should be no gallery or jury rooms be- low, and such other changes in the plan of the inside of said build- ing, as the court should think proper. The aforesaid Commissioners were authorized and instructed to contract for said building:, and superintend the work during its progress. On the sixth day of February, 1813, the Commissioners en- tered into contract with Philip Barbour, at and for the sum of five thousand one hundred and forty dollars to build the said Court House and deliver the keys to the Commissioners, as per plans and specifi- cations. The specifications of this house are reproduced, not for their intrinsic worth, but as an architectural literary ponderosity worthy of perusal. It is a settled fact that but few persons will be interested, and perhaps but f6vv will undertake the perusal of this long-winded string of some man's brain, which had b^en neglected for a long time, and was offered this opportunity of unloading. We doubt very much if the specifications furnished for the Capital at Washington consumed more space or were more minute in each and every particular. Here they are : SPECIFICATIONS. " This house to be built of brick made in moulds not above nine inches long, four and three-eighths inches wide, and two and three-quarter inches thick or deep, well and truly made, and burnt and laid in mortar made in the HISTORY OF HENDERSON COUNTY, KY. V5 best manner from cement. The house to be fortj-four feet long, including the walls, and twenty-eight feet wide in the clear — that is inclusive of the walls, from the foundation to the sm-face of the earth of, say one foot at the base, to be three bricks in length thick, from thence to the water table one foot to be two and a half bricks length thick, from ihence to the joists fourteen feet to be two bricks lengths thick, thence to tlie top of the wall eight feet of one and a half brick lengths thick. The gable ends to be one brick length thick, a chimney at the one, and with a fire-place in the upper story of an appropri- ate size, for the room for which it is intended, being twenty-eight feet square. There shall be two doors below in the middle of each side of the house, that is one on each side of equal length with the top of the windows, and made of two folds of panels to each, each fold containing at least four panels, and worked on both sides. The said doors are to be of a thickness suitable to the size thereof, there shall be eight windows in the lower story, four of twenty- four lights each, and four of twenty lights each. The glass of good quality and ten by twelve inches in size, which windows are to be placed, the larger ones in the sides at equal distance from the doors, and ends of the house, and the smaller four in the two ends There shall be ten windows in the upper story of twenty lights each, of the same size glass, to be placed six in the two sides and four in the two ends. The frames for the said doors and windows shah be the most durable timber, especially the doors, with double architraves, worked out of the solid and good stone sills, suitable for the doors, to be worked and prepared and fitted in said doors, in lieu of so much of the frame thereof. The house to be well corniced with a plain cornice, proportioned to the size of the house in heiglith. The rafters to be well framed into the joist, and of suitable size to their length and the magnitude of the building and cov- ered with shingles well nailed on sheathing plank joined together. The shin- gles not to be more than four inches wide eighteen inches long and not less than five-eights of an inch thick at the but, well jointed and rounded, to be made of cypress, catalpa, sassafras or walnut, or some kind of wood equally durable in the opinion of the Commissioners, and shall show only one-third part of their length or less. The inside of the building below siiall be well floored from the Judge's stand so tar forward as to include the lawyers. The bar to be of well quartered plank, made of oak or ash timbers, and the balance of the floor to be well laid -with brick placed edgewise. The Judge's seat to have a good flight of steps to ascend each end, to be ornamented with appropriate hand rails and banisters . the space for said seat shall be feet, well floored as below said seat, with a strong seat quite across, fitted into the Avail with arms raised thereon, imitating chairs, which are to be three in number. The front of said seat shall be ornamented with hand rails and banisters, with boards or tables whereon to write or put papers, etc. The newel posts to be capped otYwith appropriate mouldings, the hand rails and banisters to be ornamented, the first with mouldings and the latter to be turned in a lathe. The jury boxes to be four in number, and the lawyers' bar shall be made, formed and placed according to the directions of the Commissioners. They shall be made and composed of railing and banisters, as above mentioned, and shall have boards or tables whereon to write, put papers, etc., fixed on the front part of the bar, a suitable and convenient stair-case is to be formed with necessary hand-rails, 76 HISTORY OF HENDERSON COUNTY, KY. banisters and ceiling, to ascend the second story, which story shall be di- vided into three rooms, two at the end of the house above the Judge's seat, and one at the other end, of such size as the Commissioners may direct, with a fire- place as aforesaid to the larger room, leaving a passage or entry between the rooms of each end across the width of the liouse, so jilanncd and i^laced and made as the Commissioners may direct. The upper floor, shall as the lower floor, be made of good lieart plank, of quartered oak or ash timber, at least one and one-quarter inch thick, tongued and grooved together, not less than one inch thick, quartered and plained on both sides, except the swinging pe- tition, which is to be ofpanneled work, and one and one-half inches thick, and furnished with bolts for fastenings. The upper doors shall be six pannels each, and well faced, each inside door and one outside door are to have suitable knob locks, proportioned to the size of the door, and the use. of said locks. The other outside door is to be well secured with a crOss-bar. The windows to the lower story shall be furnished with goodpanneled window shutters, at least one and one-quarter inches thick, each window to have two folds of three pan- nels each well hinged with suitable fastenings or hooks and catches on the inside thereof ; there shall be suitable chair-boards and wash-boards, both to the lower and upper rooms with appropriate mouldings. The ends of all the naked flooring shall be arched over on the brick work, so as to put on others hereafter without injuring the walls. Blind arches shall also be turned over the lintels of the doors and windows for the like purpose. The inside walls of the lower and upper rooms shall be plastered with good mortar — that is the work shall be well done, the plastering below shall be painted or stained as the Commissioners may direct, instead of being whitewashed. The joists of the lower and upper rooms shall be ceiled with good plank, not above four teen inches wide, and three-quarters of an inch thick at the best. The roof, windows and all the inside work of timber or plank shall be painted as the Commissioners shall direct. Finally all the timber and material of this build- ing shall be of the best quality, and the work done in the best possible manner. The walls of the house shall be built and the roof put on by the fifteenth day of October. 1813. The stair-case put up, the rooms of the upper story, the Judge's seat and lawyers' bar finished, and jury boxes made on or before the first day of April, 1814, and the whole work completed on or betore the first day of October, 1S14. The Commissioners reser\'e to themselves the right of directing the dimensions of the frame work and difl'erent timbers for the Court House.". Mr. Barbour, the contractor, accepted the specifications, clearly of the opinion no doubt, that no misunderstanding could arise, if length and silly description in an instrument of writing was to be considered. He entered into bond with James Bell and Samuel Hop- kins, gentlemen, securities. The new temple was completed accord- ing to contract and dedicated to Justice, as perhaps the most magnifi- cent edifice to be found anywhere in the western wilds. It soon be- came the sine qua no7i, and at once most interesting to the inhabitants in general, A two-story brick house with a dwarfish bell on its roof, HISTORY OF HENDERSON COUNTY, KY. 77 encased in a contrivance similar to a pigeon house, was one of those institutions too seldom seen to be hooted at. It was believed Justice came from this new temple m&re evenly balanced than when deliv- ered from the old school house. Attorneys donned new clothes, jurors were required at least to wash their faces before entering its sacred walls, while eloquence grew grand, and was dished out with lavish liberality. Yea, be it known, this costly structure, which came nigh being written to death in the beginning, seated upon a beautiful mound, a mound seemingly built for that purpose, was then the chief among the sights of the town. But the beauty of this new house, looming up in the morning sunshine and decreasing with the early twilight, was impaired by great forest trees in full leaves — old mon- archs, whose sap had left the root for the last time, undergrowth, stumps and other unsightly surroundings. To remedy this, at the November County Court, 1815, the first order concerning the im- provement of the Public Square was passed. It was " ordered that the nnprovement of the Court House square be let to the lowest bid- der. That the trees be topped, the ground grubbed and cleared of the brush, undergrowth, underwood and dead trees, and inclosed with a post and rail fence made of catalpa, sassafras, locust, mulberry or Cyprus timber, and large blocks placed at the four places facing the four sides of the Court House, of size to cross the fence. This work must be done in the best workman-like manner. JVo security will be required^ but the Commissioners will keep the money until the wotk is com- pleted:' DOWN ON AMUSEMENTS. For several years, indeed from its completion, the large room in th^ second story of this Court House was used for all public pur- poses. It was the only hall in the town ; shows, concerts, balls, par- ties, dances and church entertainments were all held in this room. From some cause, which the records failed to explain, the Magis- trates in 1S20 became dissatified with this course,' and by order, placed the property under the control of the jailer, with peremptory instructions to clear the Court House of all incumbrances and en- croachments. The jailer, failing to comprehend the meaning of the court, a subsequent order, explanatory of the first, was passed, to wit : " The order heretofore passed by this court, directing the jailer to take possession of the Court House, and to remove therefrom all in- cumbrances and encroachments, is construed to apply only to play actors, but the house may be used for any decent uses or purposes." 78 HISTORY OF HENDERSON COUNTY, KY. This order was a terrible blow to the few professionals who traveled in those early times, and whether it originated from a reli- gious opposition or dissatisfaction with one or more exhibitions, the record fails to tell. It is sufficient to know that it was a sweeping order, and if for the punishment of one or more troupes, eventuated in shutting out the whole fraternity. The new Court House was used until the year 1S22, without any expense to the county, but at the April County Court the following order was entered of record : " Or- dered that Obediah Brown and Daniel McBride be appointed com- missioners to have the Court House underpinned with brick where decayed, and a brick fioor laid down and the judge's seat underpinned with brick." This building: continued in the service of the courts of the county until 1843. A SECOND COURT HOUSE BUILT. At the x'^pril court, 1840, it was determined that the Court House was insufficient for the purpose of the county, whereupon it was " Or- dered that Thomas Towles, John G. Holloway, William Rankin, George Brown, James Powell and John D. Anderson be and the\- are hereby appointed a committee to inquire into the expediency and propriety of building a new Court House for this county; that they report apian for the same and the probable cost thereof, a majority of all the Justices in commission being present and concurring therein." At the following October court the committee reported. Where- upon it was adjudged both expedient and necessary that a new Court House of sufficient capacity to meet the demands of the times should be built, but the plan and cost reported by the committee was re- jected. Yet the court included in the levy made at that meeting, the sum of thef two thousand seven hundred dollars to be set apart as the Court House fund. AtVhe February term, 1842, Edmund H. Hop- kins, William Rankin and William D. Allison were appointed com- missioners to draft a plan for a Court House and make a report of the probable cost thereof. At the April term the Commissioners re- ported, whereupon it was ordered, " That the said Commissioners, with Thos. Towles, Sr., added, are instructed to reconsider the report just made on the building of a Court House for the county, and so modify the same as in their discretion that the whole cost of the building shall not exceed — HISTORY OF HENDERSON COUNTY, KY. 79 TEN THOUSAND DOLLARS, And that they advertise in someLpuisville and Evansville newspaper ; that the building of -the said Court House will be let to the "^west bidder at next May County Court." At the May court the following order was made: "Ordered that Edmund H. Hopkins, James Rouse, Willie Sugg and Larkin White be appointed commissioners to let the building of a new Court House according to the plan and specifications submitted to the court by Ed- mund H. Hopkins, Thomas Towles and William Rankin, and this day having been duly advertised and made known, as the day for letting the building of said new Court House. It is further ordered that the said Commissioners proceed to let the same forthwith at public auction to the lowest bidder, and take bond with security to be approved by the court." The new plan and specifications were received by the court and adopted, a majority of all the Justices being present and concurring. Littleberry Weaver became the undertaker at and for the sum of nine thousand four hundred dollars. At the same time the following order was passed : " Ordered that the Commissioners heretofore appointed to secure a plan for a nev^? Court House are continued, and hereby empowered, authorized and directed to sell the old Court House at public auction to the highest bidder upon a credit until the first day of March, 1843, taking bond and requiring the purchaser to remove the same by a day to be named and fixed by the court. It is further ordered that Edmund H. Hopkins be and he is appointed a commit- tee to superintend the building of the new Court House, whose duty it shall be to examine all material, inspect and superintend the work as it p/ogresses, and see that the same be done faithfully according to» contract, and for these services and* for drawing the plans and specifi- cations of the house to be built, he is to be allowed the sum of four hundred and twenty-five dollars." In the month of June the old Court House was dismantleed, torn away and work begun on the new house. It became necessary then that some suitable building should be secured for the purposes of the court, and to that end a lease for a time was affected with the Trustees of the Baptist Church, which had been built and completed this same year, to be paid for at the rate of one hundred and fifty dol- lars per year. The church was used until October, 1843, when the keys of the new Court House were turned over by the contractors, and the building received by the county. James Bacon was the contractor 80 HISTORY OF HENDERSON COUNTY, KY. for the wood-work, assisted by Philip Van Bussum. John F. Toy did the painting, A bell costing one hundred and sixty dollars was pur- chased and hung in the cupalo by Philip Van Bussum. That same bell still hangs, and for the last sixteen years has struck the hours to the great comfort and convenience of the population. The speci- fications of this building can not be found, and as for the plan, the building is yet towering in its majesty and is likely to remain tlie recognized temple of justice for many years to come. The original roof was made of slate, but in November, 1849, the Sheriff was directed to pay Barak Brashear and Alfred Oliver the sum of four hundred and fifty dollars for removing the slate from the roof and re-covering the same with shingles. Several changes were made in the original plan, for one of which Mr. Weaver was paid five hundred dollars. From the amount of caution and taste exercised in completing this building, it would seem that this new and handsome edifice would meet all of the demands of the most fastidious, but judging from the following- sarcastic order entered by the Clerk of the County Court at the Octo- ber meeting, 1845 — in some particulars, at least — the reverse seems to have been the case : *' Ordered, That Littleberry Weaver, for cut- ting stone and lumber, and making platform in the Court house, called a bar, but looking more like a bake oven, and then removing the same, it being found useless, inconvenient and exceedingly unsightly, one hundred and twentv dollars and sixtv-four cents." The new Court House was not only large and convenient, but it was most graciously arranged for all the public purposes, particularly so for dancing. The young people of the town was delighted, of course, and as a consequence, social balls and hops were frequently held in the new building Anti-Socialists lived in those days, as well as now, and when their cynical blood became heated from intentional or unintentional slight, they very naturally, intensified their deformities of disposition by a reckless appeal to the pen, which they in all life, have regarded as mightier than the sword. Among the many anony- mous articles addressed to the honorable court concerning the use of the building for dances and such like, the following is, perhaps, the most characteristic. We copy verbatim : ^^ To the Honorable County Court : " Gentlemen — As you are the guardians of the public property of the county, and as it is your duty to see that this property is not de- stroyed or misused, I beg leave to call your attention to the danger to which the Court House is exposed by being used as a datice house. Many of your body perhaps are not aware that the house is used almost every week by a company called a Social Club for the purpose of danc- HISTORY OF HENDERSON COUNTY, KY. 8l ing^ yet such is the fact, for the truth of which I refer you to some of the members of your honorable body, by being thus used. The walls in a short time will become damaged and need repairs. Who will pay for these repairs, the Social Club or the Taxpayers ? The fires, I understand, are left to take care of themselves, no one member of the so-called Social Club taking it upon himself to see to them. Should the house burn down through carelessness, the County Court will find it their business to rebuild it, for the Club will not be apt to do so. On several occasions I understand the use of the house has been asked for for the purpose of holding religious worship. Does preaching the Gospel within the walls do the house any injury ? It was said at the time by those who objected to it, that it was not built for a meeting house. So I think myself, but still I do not think it was built for a Da?ice House. They also said there were plenty of churches in town to preach in. So there is ; and there is also public houses enough in town to dance in. The Court House should not be used for either. Many also objected to its being used for a public exhibition of the scholars connected with one of your schools, a matter of far more im- portance to the public than the drawing of cat gut and the bloivijig of pipes. The house was built for the purpose of holding the courts in it. Let it be so used. It cost about ten thousand dollars, and it should therefore be well taken care of and not used for any other purpose than what it was designed for when built. The whole county is interested in this matter, and not merely a few in town. In conclusion, I ask your honorable body to look well into this matter. You now have timely warning of the danger to which the house is exposed, and in you is vested the remedy. Will you apply it .'* By so doing you will comply with the wishes of more than one. " TAXPAYER. " December, 22, 1845." Taxpayer was no doubt one those easy whittling kind who watched all of the points of public and private interest, except those which most concerned himself. He evidently had been black-balled bv the " Social Club " and was not held in high esteem bv the church. He was a selfish fellow, for he opposed the using of the Court House even for religious purposes ; but then he was a smarter cuss than he would have the world believe in his disguised epistle to the court. His complaint, consistent as it appeared, failed to attract the attention of the court. Flitting feet, inspired by the '' Draiving of Cat Gut^'' and ''^Blowing of Pipes " continued to revel in terpchicorean pleasure, and religious denominations used the house whenever they pleased, to the disgust of this perhaps " Poll Tax " payer. But at the October court, 1852, the following was passed : " Ordered, that the jailer shall not hereafter suffer or permit the Court House or any room thereof to be used for any show or exhibition for a sight of which any 6 82 HISTORY OF HENDERSON COUNTY, KY. money is charged. Nor shall he rent or let said building, or any room or any apartment thereof, to any painter, daguerreotypest, musician necromancer, spiritual rappings, jugglers, rope dancers, slight-of-hand performance, or any other monte bank whatever." At the same court a six-foot gravel walk was ordered to be made around the foot of the incline. This was the first walk of any impor- tance ever ordered by the county around the square. At the October court, 1853, the sweeping order of 1852 was modified by authorizing the jailer to let the building to any religious denomination. This now old building has been the scene, in its time, of social occasions both charming and brilliant. Many persons living can turn over memories' leaves and find recorded some of the happiest hours of life spent within the walls of that old temple, dedicated to Blackstone and other matchless masters. Many young hearts bursting with love have been soothed beneath its roof. Many young student, whose heart tickled his throat, has met his success or re^'-erse there. Political hacks have been hatched in its rostrum, while eloquence and oratory have caused its walls to resound the thundering applause of an excited and gratified multitude. Its bar was the professional battle ground of a host of brilliant men — Towles, Dixon, Powell, Cook, McHenry, the Barbours, Crock- ett, Cissell, Hughes, the Dallams, the Yeamans, Turner, Bunch, Glass, Kinney, Vance and a host of others, while the ermine was graced by ' such shining lights as McLean, Shackelford, Stites, Dabney, Calhoun, Cook, Fowler and others. In 1857, a necessity for the alteration of the interior plan of the house manifested itself so apparently, the court at its September sitting ordered, '* That John T. Bunch, L. W. Brown, W. D. Allison, James H. Priest, L. W. Powell and Henry F. Turner be- appointed commissioners to examine the Court House, and report what alterations and repairs are in their opinion necessary, and a plan of such alterations, and the probable cost of the whole work, and how long it will take to complete the same." At the September court the Commissioners reported a plan not to exceed in cost fifteen hundred dollars. Justices Hiram Turner, B. D. Cheatham, W. H, Cunningham, William E. Bennett, E. F. Hazel- wood and Y. E. Allison, Judge of the County Court, voted for the motion made to adopt the plan and directing said alterations and im- provements to be made. Justices B. T. Martin, Isham Cottingham, H. L. Cheaney and William S. Hicks voted in the negative. The motion prevailed, but upon consultation, it was thought best to defer the whole matter until a fuller court could meet. October following, HISTORY OF HENDERSON COUNTY, KY. 83 the aforesaid Commissioners were removed and the following order passed : " Ordered that John ^. Bunch, Y. E. Allison, William D. Allison, William E. -Lambert and Philip Van Bussum be appointed commissioners to draft and fix upon a plan for the alteration and im- provement of the interior of the Court House, and let the same to the lowest bidder." This motion was concurred in unanimously. From some reason these Commissioners failed to do their duty, as will be seen from the following March court, 1858 : "The Commissioners appointed by the court to draft a plan, and have the interior of the Court House repaired, having failed to act, it is now ordered that the said Committee be removed, and that Barak Brashear, L. W. Brown, H. F. Turner, John W. Crockett, F. H. Dallam and I. G. Livers, be appointed a committee to act in the place of those removed, and they proceeded to act forthwith." At the April court following, the Commissioners reported a plan and specifications made by J. J. Kriss, architect, which were adopted. The contract was awarded L G. Livers, and one thousand dollars ordered to be paid him for mak- ing the improvements. The interior of the building was completely overhauled, and made both comfortable and convenient. The Judge's stand was removed to the center of the rear wall, handsome tables inclosed by a nicely finished iron railing, were placed in front of the Judge for the use of the Clerk, a large space in front and on both sides of the Judge and Clerk was set apart for the use of the bar, this also was inclosed by a handsome iron railing outside of the bar; the entire interior, with the exception of ample passageways, was pro- vided with seats elevated one above another from the floor to the wall. The improvement was a grand one, springing from the old open brick concern, as cold in winter as the north end of an arctic blizzard, to a modernized interior comfortably and conveniently ar- ranged. This, now much to be enjoyed building, was used until the second year of the war, when it was taken by the soldiery and occu- pied as a military headquarters, a prison house, hospital, cook-house and a means defensive against the attacks of the enemy. While many court houses throughout the State and adjoining counties were burned to the ground by one side or the other of the enemy, this old veteran was permitted to stand, presenting at the close of the war, unbroken walls and columns, but an indescribably mutilated interior. Pews and benches, flooring and other necessary appendages had been sacrificed to the flames or whittled into ingenious trinkets. Its ruth- less inmates had laid destroying hands upon evidences of value, torn 84 HISTORY OF HENDERSON COUNTY, KY. from its walls the beauties of architecture, and knifed into shape- less confusion the bench from which justice had been delivered. As a result of this unwarranted deviltry upon the part of those whose duty it was to protect, and not to destroy, the following, which ap- pears of record in the fall 1865, will explain : " His Honor, C. W. Hutchen, Judge of Henderson County, having had the Justices of the county summoned to meet, the following answered to their names : Richard Keach, Hiram Turner, P. H. Lockett, Charles C. Eades, John F. Toy, C. S, Royster, William C. Green, F. E. Walker, and C. C. Ball." Judge Hutchen explained the object of the meeting to be for devising ways and means for repairing and re-organiznig the Court House, which had been rendered worthless from causes growing out of the late war. Thereupon the following order was entered of re- cord : " Ordered, that the sum of five thousand dollars be appro- priated to the remodeling and repairing of the Court House, and that P. H. Lockett, Henry F. Turner and C. W. Hutchen be appointed commissioners to devise plans and have said work done. It is further ordered that the said Commissioners will not begin said work until they have consulted with an advisory board hereby appointed, consist- ing of Richard Keach, C. S. Royster, Thomas B. Long, Hiram Turner, Charles C. Ball, William W. Shelby, Frank E. Walker and John F. Toy. When said advisory board are satisfied that the war is over and that the house will not again be occupied by soldiers and that martial law is repealed, and shall so express themselves to the Com- missioners heretofore appointed, then they are authorized to act. Ordered, that Y. E. Allison, Adam Rankin and William Green be ap- pointed a committee to borrow on the credit of the county the said sum of five thousand dollars, bearing interest not to exceed 8 per cent." This set of Commissioners it seems failed to make a satisfactory report, and at the March term, 1866, the following order was passed : " Ordered, that a committee of three be appointed, whose duty it shall be to employ an architect, who shall draw under the direction of said committee, a plan and specifications, which plan, if adopted by the court, shall be carried into effect, said committee to advertise, let, and have built, the alterations necessary to the improvement, and perfect- ing the Court House in Henderson County. It is further ordered that the sum of twelve thousand dollars be, and is hereby appropri- ated for the purpose of reconstructing and repairing the interior of the building. It is further ordered, that the committee consist of HISTORY OF HENDERSON COUNTY, KY. 85 Henry F. Turner, Jesse Lame and Charles C. Eades, and that they are authorized to borrow that amount on the faith of the county, at a rate of interest not exceeding- 10 per cent, for the purpose afore- said." At the May term, 1865, the committee reported a plan and speci- fications, whereupon the following order was passed : " Ordered, that the report of the building committee this day made, and the plans and specifications of the architects, Mursinna and Boyd, as now shown to the court, be received and adopted, and that the building committee, to-wit : Messrs. Turner, Eads and Lame, be and they are hereby clothed with power to either let the building, repairing and recon- structing of the Court House, at either puplic or private contract, or have the same done under their supervision and control. It is fur- ther ordered that Frank E. Walker be and he is appointed a commit- tee to borrow any sum of money necessary to complete the repairs and reconstructing of the Court House, upon the best terms he can at any rate of interest not exceeding 10 per cent per annum, and pledge the faith of the county for the redemption of the same, and that he pay the same out on the order of the building committee." The internal arrangement of the building was completely revolu- tionized by the architects, the lower story, which had always prior to that time been used as a court room, was now divided into four lart^e rooms, with halls between and the Circuit Court room moved to the second story. The County and Circuit Clerks' offices were left be- low, but moved from two brick rooms forming an ell to the house into the main building. In this change a large vault was built for the pur- pose of preserving the records of the county against fire. The brick work was done by Weaver and Digman, the carpenter work by James H. Johnson. At the December term, 1866, the building committee reported the work completed according to contract, and the same was received in discharge of the original contract. The old temple was once more agreed to be as good as new, and far more convenient and comfortable than ever before. The Circuit Court room, now located in the second story, proves easy of ventilation, the breezes roll, in undisturbed waves, through its large openin^^s dur- ing the heat of summer, and are controlled by ordinary fires durino- the cold months of winter. Located high up above the sins of the world, eloquence towers over the heads of the populace, and the keen call of the Sheriff can be recognized for squares. How long this old 86 HISTORY OF HENDERSON COUNTY, KY. building will serve the people or supply the demands of these times of railroads and electricity, no one can tell ; suffice it to say, before another history is written we shall see a stone structure standing in its place worthy of the great county. CHAPTER IX. COUNTY clerk's OFFICES, ETC. TN the two preceding chapters I have given a complete history of ^ the county jails and court houses, beginning with the rude log hut used in 1799 and ending with the present magnificent building, stand- ing in beautiful prominence on Court Square. Doubtless this has proved uninteresting, and many may say it might have been left out. It is a material part of the county's history, however, and in the judgment of the local historians, if their work is to be accredited, is most worthy of being perpetuated. The county has greatly changed since the lonely debtor sat in gloomy suspense in his prison room, situated in a log cabin, no better, and perhaps not so good as a majority of the stables of the county, brooding over a reckless disregard of credit extended him. Indeed has the county changed. Where wolves and wild animals roamed un- molested, where flocks of wild fowls picked berries from the unculti- vated hillsides and valleys, we now see green fields dotted with im- proved breeds of cattle and sheep. Where by-paths, trails and traces used to guide the hunj:er through the forests, we now see a cleared country, with main roads and cross roads, webbing the county from its extreme northeastern to its extreme southeastern corner. In place of bringing the mails from Hopkinsville on horseback once a week, the iron horse now rushes over his iron roadway, ex- changing the mails as often as once, twice and thrice a day. We might go on and enumerate until wearied and worn, lay down and " nap it " for a new beginning. 88 HISTORY OF HENDERSON COUNTY, KY. The clerks' offices of the county, as yet unassociated with any chapter of this work, are no less important in many respects than those already mentioned. The records kept by the first clerk of the county failed to men- tion his official habitation. Whether he abode his time at Bradley's Tavern or in one secluded corner of the old school house, or carried his office in his coat tail pocket, is a matter of which we shall never know more than we now do, unless some expert spiritualist should hold converse with the spirit of that departed and long ago pulver- ized official. Even then should this cunning manipulator of messages from the spirit world meet the historical grievance, so common to all compilers of ancient records and traditionary testimony, face to face, it is likely that he would soon discover his inability to enlighten his anxious auditory. Old age in human kind is a terrible infirmity and terribly damaging to the faculty of memory. Presuming that old spirits are as averse to the worry of recalling long lost events and as inaccurate in dates and locations as old mortals, we are prone to be- lieve from experience had with the latter class, that the entranced medium would meet with but little headway in his spiritual interview, for the gentleman from whom he could hope to get his information has been dead, lo, these eighty-three years. The question naturally arises, " is the memory of an old spirit brighter than that of an old mortal ?" and this question I decline to entertain, leaving it to our learned theologians, determined at all times to give a hearty amen to what they may say coHcerning it. But about the first clerk's office : it must have been a shabby af- fair, for we learn from the records that Mr. John D. Haussman, the first clerk of the county, presented a bill to the first Court of Claims in November, 1779, amounting to thirteen dollars and eighty-nine cents for office rent and clerk's services, from the time of his ap- pointment in the previous June. Twelve years after this, and some years after the death of Mr. Haussman, Ambrose Barbour, Clerk of the^ Court of Quarter Sessions and County Court, presented a bill to the court, then sitting as a Court of Claims, in November, 1811, which read as follows : Ambrose Barbour vs. County — To ofiice rent since November 1 , 1810, one year $20 00 This account includes house rent and office articles, such as chairs, tables, etc. To paper, ink, quills, etc 17 00 From this it is reasonably safe to conclude that office rents, tables and chairs were cheap in those days, or else paper, ink and quills were reasonably enormous. HISTORY OF HENDERSON COUNTY, KY. 89 In 1813 the first Court House was built, and an order passed some time prior to that eventful year, was enforced — that is, that the office of the clerk of the court Should not be over a square from the court building. Upon the application of Mr. Barbour he was per- mitted to remove his office into the second story of the new Court House. Here he continued until his death in 1822. Harrison H. Grixby succeeded to the office and held this room until his death in 1824. William D. Allison succeeded to the office, and live years afterwards was successful in securing from the County Court an order directing the building of suitable offices for the purpose of the courts of the county. A committee consisting of Wm. D. Allison, Edmunds H. Hopkins and one or two others were appointed to draft a plan and report. This was done, and the plan adopted by the court, with instruc- tions to the committee to receive bids and contract for said work. A short time thereafter the contract was awarded to Mr. James Alves, and the work of building commenced. The building cost nine hundred and fifty dollars, and was completed a few months after it had been contracted for. A large majority of the readers of this book remember it, for it stood as an ell with two rooms extending out from the main building in the direction of the Public Square, and was used and occupied up to the year 1866, the time the Court House now standing was completely remodeled. When this old-time deposi- tory of record evidences was rased to the ground one of the principal land marks of the county was destroyed ; the prestine headquarters of social gatherings, the meeting place of jokers, the auditorium where gathered musicians and mirth-provoking masters, the seclude of con- vival hospitality, all of these and more too,, found a welcome pastime within the walls and beneath the roof of this primitive judicial addi- tament. If bricks could only talk, if they could only be interviewed, what a wealth of wit and humor now lost forever, would be disclosed. Each brick could a tale unfold, whose very telling would revive old memories and cause even the stoic indifferent to loosen the pegs of his boots in convulsive laughter. But it is too late, Old Time has consigned most of these humorous incidents to the tomb of the Capulets, while those yet remembered come in such a questionable shape as to render their accuracy a matter of very great doubt. Hun- dreds of men have gone from their old retreat happier than the sport- ing lamb, bearing with them the legal warrant to blend two souls into 90 HISTORY OF HENDERSON COUNTY, KY. one ; hundreds have gone therefrom confident in the justice of law, while there are others who have left it with broken purses, if not broken hearts. All of the vicissitudes of life have been witnessed there, and it is a pity that those old walls, for old acquaintance sake, might not have been permitted to stand for generations to come. In 1866, when the internal design of the Court House had been completely changed, and the Circuit Court room and jury rooms re- moved into the second story of the building, the Circuit and County Clerks' offices were located in rooms on the first floor. Nine years afterward it was deemed necessary to make a change occasioned by the growing demands of the county, and thereupon, at the August meeting of the County Court, 1875, a committee appointed at a former court to consider the advisability of such change, and a suitable plan, reported. The report of the committee was adopted, and, " upon motion of Thomas Spencer, a sum not exceeding three thousand dol- lars, to be appropriated out of the levy of 1874, was set aside for the purpose of building an addition to the Court House and improve the vaults for the safe-keeping of the records of the county. Judge P. H Lockett and P. B. Tribble were appointed a committee to procure plans and report. Judge P. H. Lockett, J. M. Stone, David Banks, Jr.; J. E. Denton and G. W. Smith were appointed a building com- mittee to contract for and superintend the building of said addition, and authorized to draw orders on the Sheriff of the county for the payment of the same as the work progressed." The contract was let to P. B. Tribble, and a short time thereafter a handsome two-story wing was built, and the lower wing set apart for the office of the Circuit Court Clerk and the records of his office. Adjoining this room was built, at the same time, a large, roomy and conveniently arranged brick vault for the safe-keeping of all the records and papers of the office. This building, a two-story one, planned with an eye to symmetry of architectural design and harmony with the main building, added greatly to the appearance of Court Hill, but rather left it in an unfinished ap- pearance. It was said by many, who professed to possess a knowl- edge of architecture, and a taste for harmony in such matters, to resemble too closely, a cow with one horn. PRESENT BUILDING. This complaint, however, was soon remedied, and all causes for fault-finding was entirely removed. The office of the County Clerk HISTORY OF HENDERSON COUNTY, KY. 91 became cramped, the vault had rapidly filled up and was growing too small day by day; other offices were needed, and above all, a room was badly wanted for the purp-^se of the sessions of the County Court and the semi-annual terms of the grand jury. To this end, therefore, and for the additional purpose of completing the original architectural design of having one handsome and roomy building for all purposes of the county, at the October court, of 1880, the following order was made : " On motion it was ordered that the County Judge appoint a building committee to investigate into the necessity for building a wing to the Court House, for a County Clerk's office and grand jury room, said committee to report at the February term of this court, where- upon the following were appointed such committee : Samuel R. Hop- kins, J. M. Stone and J. W. Eakins. At the March, 1881, term, the committee reported that they considered the building of a clerk's office and grand jury room a necessity." This report was received and approved, and by a unanimous vote of the court then sitting, it was determined to build the same. The following order was then passed : " Ordered, that an addi- tional levy of five cents on the one hundred dollars be made to pay for the addition heretofore ordered, and that Samuel R. Hopkins, J. W. Eakins and J. M. Stone, be appointed a committee to procure a plan and let out the building of said addition. That Judge P. H. Lockett and J. M. Stone be appointed a committee to borrow a suffi- cient sum of money to pay for the same, until the amount levied at this term can be collected by the Sheriff of the county." P. B. Tribble furnished the plan and specifications, and upon ex- amination, the same were adopted by the committee. John Mundo being the lowest bidder, the work of building was awarded to him, and W. H. Sandefur appointed superintendent of the work. This addi- tion cost the county a little over two thousand and two hundred dol- lars, and was completed and occupied by the County Clerk before the fall of 1881. It has been said of the County Clerk's office, that it has adjoining a magnificient fire-proof vault, large enough to accom- modate the business of the county for many years to come. This completes the public buildings of the county, so far as the courts and their necessary adjuncts are concerned, and leaves the county at this time the possessor of an imposing structure, which it is presumed will serve all purposes for years to come. In the one main building and the two wings, are now located the offices of the Circuit and County Court Clerks ; the County Judge, with a fire-proof vault 92 HISTORY OF HENDERSON COUNTY, KY. for all the records of his office ; the Sheriff, County Treasurer, Mas- ter Commissioner, and the two City District Magistrates. In the second story of the west wing is a handsome room fitted up for the use of the meetings of the County Court and grand juries. In the second story of the main building, are the Circuit Court and jury rooms. CHAPTER X COUNTY COURT PROCEEDINGS 1779 — TAVERN RATES FIXED, ETC. — SOMETHING OF THE EARLIEST SETTLERS — FIRST STORES, SCHOOLS, ETC. — THE COURTS. pZ^AVING given a history of the main thoroughfares, Court Houses^ ^ / jails and offices of the county from their beginning in 1799, to the present time, I return to the second meeting of the County Court held in August of that j^ear. Having disposed of all road and public building matters brought before them, the court proceeded to enter- tain such motions of minor interest as any citizen or any member of the court may have thought for the general good, or legally required to come before it. FIRST TAVERN RATES. A motion was made to establish rates for the government of all taverns of the county. The following is a copy of the order: TAVERN RATES AUGUST, 1779. The court fixes the tavern rates in this county as follows : Breakfast and Supper, each is Dinner is 6d Lodging 6d Corn per gallon, or Oats 9d Hay or fodder, per night and stabl cage Is 6d Pastureage 4 d J^s Whiskey per gallon , I2s Drink, per half-pint 2d Brandy per gallon I8s Beer and Cider, per quart is PROCEEDINGS OF THE FIRST COURT. Isaac Dunn, a poor orphan, and represented to be a bad boy, was apprenticed to John Sutton to learn a trade. This young man en- joyed the honor of having been the first person apprenticed in the 94 HISTORY OF HENDERSON COUNTY, KY. county. The first appeal from a Magistrate's Court was that of An. drew Burk, 7^s. Wiley Thornton, made to this term of the court. The first indenture of sale, Samuel Hopkins to John Husbands, was acknowledged in this court. The first record evidence of slaves was made at this court. At the September court, Robert Hamilton produced a license from examiners appointed by law to practice as an attorney in the Courts of the Commonwealth. Mr. Hamilton was the first lawyer licensed to practice in the county. FIRST EMANCIPATION. A certificate of emancipation of a negro woman and a negro man, named respectively, Patience and Scipio, belonging to Joseph Mayes, of Henrico County, Virginia, was filed and ordered to be recorded. The county being without a record book, and also a seal, the follow- ing order was made : " Ordered, that the clerk furnish this county with the necessary record book, likewise procure a seal, with a devise of a man standing with a sickle in his hand, with words ' Henderson County, ' for the circumspection of the court, and a chest to hold the record books and papers belonging to the county." At the November term of the County Court there were present : Charles Davis, John Husbands and Jacob Newman, gentlemen Jus. tices. John D. Haussman, Clerk of the Court of Quarter Sessions for the County, made oath to, and filed an account amounting to two dol- lars and seventy-five cents, of taxes alienations and county sales from the commencement of his office, June, 1799, to the first day of Octo- ber last, which was ordered to be certified to the Auditor. This be- ing the first Court of Claims the court proceeded to lay the county levy and stated the accounts against the county as follows : THE COUNTY. For building the jail «339.00 To the Clerk for his office and services as per account 13.89 To the same for three record books and freight on same from the Falls of the Ohio 30.75 The same for the County seal 8.00 TotheSherifE 30.00 To the same for his services in tlie County Court 25.00 Sherilt commissions for collecting ^499.50, at 6 per cent. 30.00 The County ....$476.64 By 333 tithables at f 1.50 each, levied for the use of the County ^499.86 Ball « 23.22 HISTORY OF HENDERSON COUNTY, KY. 95 *' Ordered^ that the Sheriff of this county collect from each tithable person in this county, one dollar and fifty cents, and therewith discharge the above allowances and account with the coiy;t for the balance." From the foregoing it will be seen that the tax-paying population of the county in November, 1799, was only three hundred and thirty- three, and that the tax levied was one dollar and fifty cents per head. For some time the tax duplicates increased slowly, and the delinquent list was distressingly large. As has been said before, the records of the county from the beginning of the year 1800 to 1816, are lost, so for the time during that break, I have filled the gap as best could' be, from such assistance as was to be obtained from old papers and scraps of evidence found bundled away in the County Clerk's office. VIENGMAND COURTEIS, THE TRADER. In 1792, Viengmand Courteis built him a small log hut on the river bank and traded in hides and skins of all kinds. What he did with them, or where he found a market, we shall never know. He bought mostly bear and otter skins. What he ex- changed for these skins we do not know. In those days French trad- ers occasionally passed down the river and to these perhaps he ex- changed his merchandize for money or other articles of value. In 1796 he was joined by Conrad Figis. At this time Captain Dunn was the only recognized officer of the law known in all of this territory, and owing to the increase of settlers the following order was sent him by the Senior Justice: "Christian County, State of Kentucky. "To Mr. John Dunn : '' Sir— You will raise three men to act under you as a patrol in said county at the Red Banks, to do your duty agreeably to law. September 2o, I796. " Signed, MOSES SHELBY." dunn's store. Captain Dunn was a man of great importance at that time, from the fact of his official position, and also that he was the proprietor of the only store in the Red Banks. His house was located on the cor- ner of Fourth and Main Streets, where the old foundry now stands, and from record evidences it is to be adjudged that he did pretty much all the business at that time. The following is a copy of one of his accounts : '■'■ Jesse Stmmonds, Dr. to John Dunn : "1 lb. powder 7-6 £0 7 « 2 bear skins, loaned in exchange ' " 12 96 HISTORY OF HENDERSON COUNTY, KY. 1 quait cherry bounce, 4-6 ' 0. 4. 6. £1. 4. 0. "Sir— Please to pay tlic above bill to Robert Simpson, .and this shall be your re- ceipt." "Attest: Ebknkzku Simpson. JOHN DUNN. "June 24, 1794." FIRST SCHOOL. The first school, of which anything is known, was taught some- where in the neighborhood of Diamond Island, and whether this Dia- mond Island was either of the islands near Henderson, or Diamond Island sixteen miles below, no one can speak with any degree of cer- tainty. Captain Dunn was a patron of this school, as the following will show : " Captain John Dunn; * " Sir — Please pay Mr. Russell Hewitt, or order, ten shillings, yourquar- terly subscription to my school, at the Diamond Island, and this shall be yoiu- sufficient receipt. Signed, HENRY PATMERS "October 2G, 1794. Test: John Devritt," In the year 1795 the following curious bill of sale Dassed title in a horse : ♦' Knoii) All Men by these Presents : *'That I, Robert Simpson, do give, grant and sell, and convey to John Dunn, one bay mare, about fourteen hands high, in consideration of twenty pounds paid to me in hand, the same creature I lent to John Patterson to hunt on. I likewise authorize John Dunn to take the same mare wherever he can find her, and at my risque. "ROBERT SIMPSON. "Attest: Uel Lambkin, Daniel Kerr " 29, December, 1795." HUGH KNOX AS A JOKER. In this same year, Hugh Knox, who was appointed the the first Justice of the Court of Quarter Sessions, and a man of strong mind and great will-power, got himself into quite a financial trouble for those times, by indulging his ungovernable disposition for practical jokes. Mr. Knox was a man full of life and fire, and would be considered by the more settled people of this day, what is commonly denominated a "fast man." The following letter addressed to Peter Smith, near Louisville, is reproduced, more on account of its historical connection, than as a literary curiosity. At that time our grand juries met in the town of Russellville, Logan County, in what was called the District Court, and residents of the Red Banks — now Henderson — had to ride through the wild woods, a distance of one hundred miles, when summoned, to attend as parties or witnesses, in criminal or civil actions. From this letter, also, will be seen the difficulties parties had to un- \ COURT HOUSE. HISTORY OF HENDERSON COUNTY, KY. 97 dergo in procuring legal service. This letter was sent to Louisville by hand : COPY "t)F LETTER. *' Dear Sir — I have hitherto neglected informing you what happened me at Logan Cort, in consequence of our Kuyckingdall frolick. The old Jezebel was there and presented me to the grand jury, by little Hugh White, making oath that Michael Sprinkle and I were the men that don the execution, upon which a Cort was Cauled in fiv^e days after, in which time I had to ride sixty miles for a lawyer, to which I had to give a fee oi fifty dollars, and was acquit- ted with honor. With that and the other expenses of witnesses, amounts to ten dollars a man. which they have all agreed to bear an equal part of the bur- den, and the most of them has paid me. If you will be so good as to bear part of the burden with me, I shall be obliged to you. and shall take the amount of the ten dollars in corn or flour at Louisville, at the market price. I shall send an order by Captain John Dunn, which you will discharge at this time, as I stand in great need of bread at the salt works that I am opening. The favor shall be greatly acknowledged by your very humble servant. " Mr. Pete Smith H. KNGX "July 20. 1795." In order to get this ten dollor's worth of corn or flour, Captain Dunn went to Louisville and carried the same back to the salt works, on Highland Creek, for which he only charged the moderate sum of five dollars. FIRST GRIST MILL. The first grist mill of which anything is known, was built by Captain Dunn, in the year 1796, and was operated by him up to his death a few years afterwards. For several years this was the only mill in the settlement, and where it was located, or what character of a mill it was, the records fail to explain. In Captain Dunn's old account book, a little blank paper affair, with a thin, blue paper back, six inches long and four inches wide, is to be found seven accounts against the following persons, respectively : Richard Taylor, John Christian, Andrew Rowen, Walter Thorn, Hugh Knox, Michael Sprin- kle and Peter Thorn — all for grinding and packing. His usual charge for this work was three shillings sixpence per bushel. The charge for " packing " was taking the meal in sacks on horseback from the mill to the home of the purchaser. So, from this, it will be seen that the system of " delivering goods " was adopted at the Red Banks as early as the year 1796. HANNAH DUNN. While Captain Dunn was busy with his mill and official business, Mrs. Hannah Dunn, his efficient helpmate, was occuppied in watching the store and little tavern on the corner of Fourth and Main Streets. 7 98 HISTORY OF HENDERSON COUNTY, KY. She must have been a woman of indominable energy and great mus- cular strength. Oftentimes, in addition to her daily labors, she was known to do a man's work chopping cordwood, heavy lifting, and many other things nowadays men would consider too laborious, to say noth- ing of the women of 1887. She was as fearless as she was energetic, and during her husband's absence would go into the woods, attack bear, and most generally bring one home with her. Nor was this all, she was no more afraid of a man than she was of a bear, and many times she was known to take an overdosed, quarrelsome, wild, wild woodsman by the nap of his neck and lift him from the bar-room out of the tavern. She was boss, and never failed to impress her author- ity whenever occasion demanded it. QUEER RECEIPTS. At that time what is known as Henderson County, was called the '* Big Barrens," from the fact that little timbers grew over the county, save along the water courses. Owing to the scarcity of salt, that necessary commodity sold at an enormously high price, ten dollars per bushel being the regular price, while in many cases as high as fifteen and twenty dollars was paid. People had a curious' way of writing receipts. Here is a speci- men : " Receipt from John McCallister, 8 bu salt on account of John Dunn, I say receipt by me this Jany 7, 1796, ROBERT LANE." Most all receipts at that time were written in the same peculiar phraseology. Much of the country immediately around Henderson was low and marshy, and stagnant water stood in ponds and low places, conse- quently the whole settlement suffered from ague and fever. FIRST PHYSICIANS. At this time there were few physicians, and from what can be learned they were uneducated and really knew but little more than any other observing or experimenting settler. Dr. James Hamilton, a man of fine natural and considerable acquired intelligence, prac- ticed, and was regarded as really the only physician of any respecta- bility, until the coming of Dr. Adam Rankin, in 1800. EARLY MARRIAGES. For sometime prior to the organization of the county, and for many years afterwards, Eneas McCallister, father of the lamented 'Squire John E. McCallister, did the duty of parson on marital oc" HISTORY OF HENDERSON COUNTY, KY. 99 casions. He was one of the first magistrates, and was authorized by the County Court to perform that service. In 1800 he married Cap- tain Daniel McBride and Mary--Bennett, Jacob Sprinkle and Axy Mc- Lean, Moses Stegall (whose first wife was brutally murdered by Big and Little Harpe, and he himself afterwards killed) and Sally Vane. In 1804 he married Dr. Adam Rankin and Haney Gamble. YOUTHFUL WEDLOCKS. In primitive days men and women — if they could be called men and women — inter-married at an earlier period in life than they do now. Oftentimes girls at fourteen and sixteen years of age were given in marriage to youngsters from nineteen to twenty-one, and in some instances to men of mature age. Instances were known, and are known to this day, of girls becoming mothers before arriving at the age of sweet sixteen. It is also a fact that marriages, considering the population, were far more frequent than nowadays. Computing the number of mar- riages in 1797 and 1800, and up even to 1810, with a corresponding regard to numbers, the list of marriages annually at this modern day, to correspond with the list in those years, would reach fully fifteen hundred, if not more, per annum. CHEAP LAND. The finest lands in the county were insignificantly cheap, so that any man of ordinary industry could secure himself a home. For in- stance, in 1798 John Williams, Robert Burton and Archibald Hender- son, surviving executor of Richard Henderson, sold to General Sam- uel Hopkins and Mark Alexander, all of the land on the Ohio near the mouth of Green River, and one hundred acres adjoining the town of Henderson, amounting in the aggregate, to five thousand six hundred and fourteen acres, for the price of seventy-five cents per acre, and that on credit. One year later. General Hopkins sold to Henry Purviance, four lots of one acre each, in the town of Henderson, and lots Nos. 4 and 5, containing ten acres each, for the round sum of one hundred and ninety dollars. SLAVERY. In 1799, settlers began to import slaves to the county. At the October Court of Quarter Sessions General Samuel Hopkins re- ported a bill of sale for record, which conveyed the title from John Hopkins, of Mercer County, to General Hopkins, of this county, in and to seven negro slaves, two men, one woman, one boy and four 100 HISTORY OF HENDERSON COUNTY, KY. small children, two sorrel horses and one black mare, for and in con- sideration of two hundred and forty three pounds, eleven shillings and eight pence. THE COURTS. The courts of Henderson County, as established and authorized by the Act of December 21, 1798, consisted of a County Court and Court of Quarter Sessions. The Court of Quarter Sessions was directed to sit annually on the first Tuesday in the months of March, May, July and October. The County Court the same day in every other month in which the Courts of Quarter Sessions were not directed to be held. The Court of Quarter Sessions was composed of three Justices appointed out of the Justices of the Peace for the county. This court was authorized to sit six judicial days, unless the business be- fore them could be sooner determined. Each Justice was a conserva- tor of the peace, and the Court was clothed with authority and power to hear and determine all cases whatsoever, at the common law, or in chancery, within their respective counties, except such criminal causes where the judgment upon conviction should be for the loss of life or murder, in which causes they had no jurisdiction, except as an examining court. In all causes of less than five pounds, current money, or one thousand pounds tobacco, this court had no jurisdiction. It did have jurisdiction of all matters respecting escheats and forfeiture, arising within the county, to award writs of ne exeat injunctions, and habeas corpus^ and power to empannel grand juries. The County Court was composed of a sufficient number of Justices of the Peace, and was given by law, jurisdiction of all causes respecting wills, let- ters of administration, mills, roads, appointment of guardians, and the settling of their accounts; admitting of deeds and other writings to record, to superintend public inspections, grant ordinary license, to regulate and restrain ordinances and tippling houses, appoint proces- cessioners, to hear and determine by law the complaints of appren- tices and hired servants against their masters and mistresses, or of the master or mistresses against their apprentices, or servants ; to establish ferries, to provide for the poor of the county, to erect nec- essary public buildings and purchase land therefor, and to appoint inspectors, collectors, surveyors of roads, constables and county jail- ers ; and cause a ducking stool to he built in such place as jnight be conve- nient for the punishment of minor offenses. HISTORY OF HENDERSON COUNTY, KY. 101 The Justices of the County Court were conservators of the peace, and were given cognizance of all causes of less value than five pounds, current money, or one thousand" pounds tobacco. An act of 1801, reduced the annual terms of the Court of Quar- ter Sessions from four to three courts, to be held on the second Mon- day in the months of May, August and November. By the terms of the following act, approved December 20, 1802 Circuit Courts were established throughout the State. '* Whereas, The present judiciary system is found to be inconvenient and expensive. *' Be it enacted, etc.. That the present district courts shall be, and are, abol- ished as soon as this act shall take effect. The Circuit Courts shall be and they are herebj^ established that each Circuit Court shall hold three times in every year. " They shall have jurisdiction in all causes, matters and things at laws, and in chancery, within their respective districts, except in cases of less value than five pounds current money, or one thousands pounds of tobacco. "They shall have the same power, authority and jurisdiction given to the District and Quarter Session Courts, and be governed by the same rules," The Circuit Court, as established by this act, was composed of one Judge for the circuit and two assistant Judges, resident in the county. This act abolished the Court of Quarter Sessions and directed the clerk of such courts to deliver all records and papers over to the Clerk of the Circuit Court upon demand. By the term of this act the Judge to be appointed and the two assistant Judges, were made con- servators of the peace. An amendatory act, passed and approved December 13, 1804, with jurisdiction over all causes which may have originated within the bounds of the circuit, was given this court. An act approved February 13, 1816, represented the act creating the office of assistant Judge alone, all the power and authority for the trial of criminal and civil cases, and authority to hold one or more ad- ditional terms for the trial of chancery causes, or for the trial of any person apprehended on a charge of felony. From the organization of the county, in the year 1799 to April, 1805, the Court of Quarter Sessions held its regular terms, being pre- sided over during that time by General Samuel Hopkins, Abraham Landers, Hugh Knox and Dr. Adam Rankin, neither of whom was a lawyer. ^ April 1, 1805, the first Circuit Court for the county commenced its sitting and was presided over by Henry B. Broadnax, of Lebanon, 102 HISTORY OF HENDERSON COUNTY, KY. Judge, and Hugh Knox and Dr. Adam Rankin, assistant Judges. By the terms of the act of December, 1802, establishing Circuit Courts, the Counties of Muhlenburg and Henderson formed one circuit and the courts for the same were directed to be held in the Court House in the County of Muhlenburg. At the February term, 1808, of the General Assembly, to-wit : on the twenty-third day " an act further to amend the act entitled an act establishing Circuit Courts " was approved. This act divided the State i^ito ten districts, and Henderson then became a part of the sixth district, composed of Breckenridge, Ohio Muhlenburg, Henderson and Hopkins Counties. The terms of the courts commenced in Henderson, on the first Mondays in April, July and October, and continued one week. In Hopkins, on the fourth Mondays in March, June and September, and continued one week. The Judges appointed under this act were required to make their allotments by districts, and it was made the duty of each Judge to at- tend the courts of the district to which he was attached. The Hon- orable Henry B. Broadnax, was allotted to this, the Sixth District. CHAPTER XL FIRST CRIMINAL COURT — THE FIRST JAIL —THE HARPES — PROFANE SWEARING — WATER MILLS SUMMARY TREATMENT OF LOAFERS — ELECTIONS. ON Tuesday, the second day of July, 1799, the first Court of Crim- inal Common law and chancery jurisdiction, held its sitting in the village of Henderson, the presiding Justices being General Sam- uel Hopkins, Abraham Landers and Hugh Knox, Esqs. Thus, for the first time. Law with its imposing ceremony asserted its power and authority in this then the extreme western county along the Ohio River. William B. Blackburn and Robert Coleman, Esqs., bearino- with them commissions as attorneys-at-law in the Courts of the Com- monwealth, took the oaths of office and were admitted to practice in the Henderson court. The court then proceeded to appoint a Com- monwealths Attorney for this county. The vote was taken by ballot and William B. Blackburn receiving a majority vote, was declared elected. A grand jury was then empanneled, consisting of the follow- ing names : Andrew Burke, (foreman), Edmond Hopkins, William Lawrence, William Gates, Thomas Housely, David Johnston, John Lawrence, Thomas Smith, John Slover, John McCombs, Isham Sel- lers, Ezra Owens, Jacob Upp, Warner Buck, William Wells, Sher- wood Hicks and Rowlin Hues. These gentlemen being sworn, a grand jury of inquest, for the body of the county, received their charge and retired to consider of their presentments. Where they retired to is not known — more likely than otherwise underneath the shade of some dense foliage tree, for there were no buildings at that time, the court room itself, being a miserable log hut, with only two openings. 104 HISTORY OF HENDERSON COUNTY, KY. a small door, and a very large dirt chimney. However, the jury hav- ing spent sometime in deliberating, returned into court the following report of their labors, *' First. — The grand jury of the body of Henderson County upon their oaths, present Isaac Dunn, a minor, hving in this county, for profane swearing the thirtieth day of June, on liis return from sermon, Jacob Upp, Hving in this Town and Warner Buck, Hving in this Town, both of the grand jury in formers." Five indictments were returned against men and women for liv- ing in adultery, but this must not be taken as an evidence of the wickedness of the times, but attributed rather to ignorance, and a want of legal arrangements, authorizing marriage. These people were living in the wild woods and were perhaps as poor as settlers were ever known. A distance of one hundred miles, attended by great difficulties and dangers, had to be traveled in order to procure a legal warrant or license. Horses were few, and many other almost unsurmountable barriers interposed to force them to violate the law, * therefore there is some apology at least to be made for the course of these ignorant poor people. Jacob Robertson was presented for being a vagrant, and then the first grand jury adjourned. ^ FIRST JAIL. Every indictment was found upon the evidence of the grand jurors, no other witnesses appearing before the jury. The following order was then passed. ' Ordered, that the block house near John Husbands be considered the jail for the county, and that the Sheriff caube a door and lock to be fixed to the hou'^e and charge the same to the county. Whereupon the Sheriff, Andrew Rowan, accepted to the sufficiency of the said jail." The block house mentioned in this ordev was located on the river front near the site of the railroad bridge. It was uninhabited at the time, was a small concern built of rough logs, and not near so comfor- table or strong as an ordinary nowaday stock stable. TRIAL OF THE HARPE WOMEN. Big Harpe, one of the brutal murderers of Mrs. Moses Stegall, her little son and William Love, having been pursued and killed, and the three wives of Big and Little Harpe captured, the three women were brought to Henderson and placed in the county jail. On the fourth day of September, 1799 following, a Court of Quarter Sessions was called and held for the axamination of Susanah and Sally Harpe, and Betty Roberts, wives of Big and Little Harpe, and commuted for being parties to the murder of Mrs, Stegall and others, and the burn^ HISTORY OF HENDERSON COUNTY, KY. 105 ing of the house on the night of the twentieth of August, General Sam uel Hopkins and Abraham Landers, presiding. The prisoners were set to the bar by the Sheriff, aRfl being charged with the following, denied the fact ; witnesses were sworn, and upon the evidence being heard, it was adjudged by the court that the women were guilty and that they ought to be tried before the Judges of the District Court at Russelville. They were remanded to jail and, guards placed over them. John Rieper, Neil Lindsay, Isham Sellers and Mathew Chris- tian were recognized to appear before the district court at its next session. Andrew Rowan, High Sheriff, and Amos Kuykendall, John Standley, Green Massey and Gibson Hardin, guards, were or- dered to proceed with the Harpe women to Russellville, which they did. The wives of Big and Little Harpe were the first prisoners in- carcerated in the first prison house of the county. OLD-TIME HARD CASES. At the October court a grand jury was empanneled, and after de- liberating, returned two indictments, one against Amos Kuykendall and Matthew Christian, quite noted characters at that time; and pos- itively notorious afterwards. These two men were indicted for " pro- fane swearing, and for stripping and ill-treating the company at David Johnston's house-raising," The second indictment was against Amos Kuykendall and William Hunford, for riding through the roads of the town naked. These men were terrible fellows when under the influ- ence of liquor, and no more daring or unsightly scene had ever been witnessed. They were mounted upon spirited horses, unsaddled and at railroad speed dashed up, and down, out and in each of the pub- lic roads of the town. Their imitation of Indian habits, was more than the good people could bear, and as a preventive of future parades, the strong arm of the law was called in to punish this, their first ex- periment. At the March term, 1800, Ambrose Barbour was appointed tempor- ary clerk of the court, and executed bonds in the sum of one thou- sand pounds. PROFANE LANGUAGE. Early in this year Rev. James McGready, a very distinguished divine, in what was called the Green River country, held his great re- vival of religion. The outlaws had been driven out of the^'county, honest men ventured to speak, primitive society settled down to the realities of busy life and religious excitement ran high. 106 HISTORY OF HENDERSON COUNTY, KY. Everybody became enthusiastic, for it was not to be denied that the untiring labors of Mr. McGrjsady, and those who assisted him, had been the means of restoring the country to law and order, and regulating rude ways to a proper observance of moral and true busi- ness principles. That looseness, which had hitherto governed men and women in their character and actions, had given way to the more refined and virtuous teachings of the preachers, and although men profained themselves, they did not justify profanity in others. A grand juror, who half an hour before had secretly taken the name of the Lord in vain, was willing to sign his name to an indictment against his less fortunate neighbor who had done the same thing, but in public. There seemed to be a religious determination to put a stop to pro- fane swearing, and no matter who sinned, if detected, he was sure to be made a victim of the law. At this court, General Samuel Hopkins, Eneas McCallister and Andrew Rowan, the first Chief Justice of the court, under whose authority the grand jury was empanneled, the second Chief Magistrate of the County Court and the third High Sheriff of the county, were each indicted for profane swearing, and like old patriots, confessed the fact and paid their fines without a mur- mur. The annual report of taxes received by John David Haussman, former Clerk of the Court of Quarter Sessions and County Court, pur- suant to an act of the Assembly, approved the twenty-eighth of Febru- ary, 1797, entitled, " An act to amend and reduce into one, the several acts establishing a permanent revenue," was presented, and will give an idea of the littleness of court business in early times : " To tax on 5 original writs 25c. each, ^l 25 " " •' 4 deeds of land 25c. " 1 00 ■ " " " 2countyseals 25c. " 50 $2 75 Commissions, 5 per cent 13.7»^ $2 61.2>/2 John Husbands was directed to let the building of a stray-pen on the Public Square, for the benefit of the county, to be two poles square of posts and rails, with a sufficient gate, fastened with a good pad- lock. This pen ornamented the square up to the year 1822, when Joel Lambert, (who, by the by, married Miss Polly Husbands, the accomplished daughter of John Husbands), was awarded the contract for removing it, and rebuilding a new one at a cost of seventy-four dollars and seventy-five cents. HISTORY OF HENDERSON COUNTY, KY. 107 WATER MILLS. From 1800 to 1813 numerous applications were made to the County Court for the right to dam the several creeks of the county, and erect mills on the sites selected. Between the bridge on the Owensboro Road and the mouth of Big Canoe Creek, opposite the- Lower Island, there were built five mills, all to be operated by water- power, furnished by dams built across the stream. There were several on Sheffer^s Creek, one or more on Strong Water, and half-dozen or more on Highland Creek. There were certain seasons for run- ning these mills — mainly in the fall and spring months. In dry weather thev were useless. Of all these mills, not over three or four of them made much pretentions to grinding. Notably among the num- ber, were the Brookin Taylor Mill, at the crossing on the Madisonvllle Road, and the James Lyne Mill, at the crossing on the Morganfield Road. In order to assist the County Court in the erection of public buildings, General Samuel Hopkins, agent of Richard Henderson & Co., directed George HoUoway to survey and set apart to the county, for public purposes, two acres, to be taken off of the public square. This survey was made, and includes the place where the Court House now stands. At the July term of Court,1810, the High Sheriff, Andrew Rowan, indulged too freely of a mild, spiritual intoxicant, called " bounce," and spoke a profane line or two, contrary to the peace and dignity of the Commonwealth, for which he was " bounced " upon by the grand jury and made to pay a good round sum. The indictment accused him of being drtinl:, and nevertheless it was about time to celebrate the Fourth of July, which fact failed to serve as a vindication or ex- emption. The County Court appointed Abner Kuykendall, William Gates and Humphrey Barnett, commissioners, to view a road from the Town of Henderson to the main fork of Highland Creek. This road crossed Canoe Creek about one hundred yards above the old ford on the trace to Diamond Island. Unruly boys were not tolerated in those days. Isaac Dunn, son of Captain John Dunn, of whom mention has heretofore been made, become a pest to his mother, who was then a widow, and like- wise an eyesore to the comriiunity. He had been apprenticed, but did nothing more than annoy his master. The court took official notice of his behavior, and John Husbands one of the Magistrates, wrote a note to Mrs. Dunn, informing her that the court would not tolerate 108 HISTORY OF HENDERSON COUNTY, KY. him longer, but would proceed to enforce obedience. What the court did is not known. Loafing men and boys received but little encour- agement or countenance from the court. They were apprenticed or proceeded against as vagrants. The second felony case brought to the attention of the Court of Quarter Sessions was that of George Adams, for stabbing John Hus- bands, Jr., a son of the Magistrate, and brother of Mrs. Joel Lambert. Ambrose Barbour, who had been appointed temporary Clerk of the Court of Quarter Sessions and County Court, produced in open court a certificate, signed by two Judges of the Court of Appeals, cer- tifying to his qualifications to do the duties required in the office, and was thereupon appointed Clerk of both Courts, to hold his office during good behavior. ELECTIONS. Under the old constitution elections were not conducted as they now are. A copy of the law, approved December 21, 1799, will suf- fice to explain : Be it enacted, etc.. That the Sheriff of each county within this Com- monwealth, shall, at least one month previous to the first Monday in May, 1800, and at least one month previous to the first Monday in August, in the year 1801, and also previous to the first Monday in August, in every year forever there- after, notify the inhabitants of his county, by advertisement setup at the door of the Court House thereof, of the time and place of holding the election then next ensuing, and what offices are to be fillejd by such election , The Sheriff", or other presiding officers, shall, on the day of every election, open the poll by ten o'clock in the inorning, and continue the same open until at least one hour before sunset each day, Tor three days successively, if necessary, or if any one of the candidates for any of the offices to be filled by such election, shall re- quest it, the Justices of the County Court shall, at their court next preceding the first Monday in May, and at their court next preceding the first Monday in August, J 801, and also at their court next preceding the first Monday in August in every year forever thereafter, appoint two of their own number as judges of the election next ensuing, and also a proper person to act as clerk, who shall continue in office one year. In case the County Court shall fail to make said appointments, or the persons, or any of them fail to attend, the Sheriff shall immediately preceding any election appoint proper persons to act in their stead. Any person, who shall vote tnore than once at any election, shall, upon conviction, forfeit and pay for every such vote, ten dollars, to be re- coverable with costs, before any justice of the Peace, one-half to the use of the county, and the other half to the person suing for the same." Under this act, a voter was allowed to cast his vote in any pre- cinct of the county, but not to vote more than once, under penalty. The Sheriff, or one of his deputies, was required to be in Frankfort on the seventeenth day succeeding the day of the commencement of / HISTORY OF HENDERSON COUNTY, KY. 109 any general election, to assist the Sheriffs of other counties in com- paring the polls taken at the election for Governor and Lieutenant Governor. ^ It was further enacted^ " That this State shall be diveded into two districts — that is to say, all the counties lying on the south side of the Kentucky River shall compose one district, and all the counties on the north side of the said river shall compose another district. The persons qualfied to vote by law for members to Congress, to the House of Representatives, shall assemble at their respective Court Houses on the first Monday in August, in the year 1801, and on the same day every two years thereafter, and then and there vote for some proper and discreet person, being an inhabitant of this State, who shall have attained the age of twenty -five years, and have been seven years a citizen of the United States, as a member of the House of Representatives of the United States for the term of two years. Immediately after the poll is closed, the Sheriff, Judges and Clerk shall proceed to examine the vote, and after truly ascertaining the same, shall proceed to make return, which shall be delivered to the Sheriff holding such election, which return shall be taken by the Sherifis in the Southern Districts to the Court House of the County of Mercer, and there compare and certify the election. For this service the Sherifts shall re- ceive for their trouble and expense, the sum of one dollar per day ferriage, and three cents per mile for traveling to and returning from the county in which they are required to meet. And he it further enacted. That for the purpose of choosing four electors in behalf of this State, to vote for a President and Vice President, the several counties in this Commonwealth shall be allotted into four districts in the fol- lowing manner, to- wit: The counties of Lincoln, Mercer, Garrard, Madison, Pulaski, Logan, Warren* Barren, Christian, Livingston, Henderson, Muhl- lenburg and Ohio shall compose the Second District. JThat the persons quali- fied by law to vote for members to the General Assembly in each county com- posing a district, shall assemble in their Court Houses on the second Tuesday in November, in the year 1800, and on the same day in every fourth year suc- ceeding, and vote for some discreet and proper person, being an actual resident in such district, lor one year preceding, as an elector for such district, to vote for President of the United States." Under an act for apportioning the representation among the sev- eral counties, and for laying off the State into Senatorial Districts, approved December 19, 1799, the counties of Livingston and Hen- derson were made one representative district, and entitled to one member. The countiesof Livingston, Henderson, Muhlenburg and Ohio, made one senatorial district, and entitled to one member. John Caldwell, of Muhlenburg, was elected first Senator, and General Sam- uel Hopkins, of Henderson, first Representative. Henderson and Livingston Counties continued as one district until, by an act approved December 27, 1803, Henderson was made one district, and given the right to elect one Representative. 110 HISTORY OF HENDERSON COUNTY, KY. I PRECINCTS. From the first election held in 1800, to the last election held in 1804, there was but one voting place established in the county — thit one at the Court House, in the Town of Henderson. On the sixth day of December, 1804, the following act was approved : And he it further enacted, That the County of Henderson shall be divided into two election precincts, by a line beginning at the month of Deer Creek, on Green River, thence up the said creek to the mouth of Black's and Newman's sugar camp branch, thence up the same to the head thereof, thence such a course as -will strike the Crab Orchard lork of Tradewater at the nearest port, thence down said fork to a large lick, about two miles above the mouth of Caney Fork, thence a southwest line to Tradewater." Two years thereafter, to-wit : on the sixth day of December, 1806, an act creating the County of Hopkins, was approved and included in its bounds the greater part of the second election precinct. Prior to that time, however, it will be observed with what difficulties settlers had to contend, in order to exercise the right to elective franchise. For that reason the elections were held three days. Under the old constitution magistrates and sheriffs were appointed by the Governor. Jailors, coroners, constables, collectors, inspectors, processioners, sur- veyors and other minor officers were appointed by the County Court. CHAPTER XII. TOBACCO AS A CURRENCY — TOBACCO INSPECTION RISE OF THE TOBACCO INTEREST PRIMITIVE COURTS— INDICTMENTS, MARRIAGES, BRIDGES, ETC. y^HIS decade opened with all of the machinery of government ^^ running more smoothly and a greater disposition on the part of the people to improve the country, as they had their morals. The laws by which they were to be governed had become pretty generally understood, and a determination to obey and enforce obedience, if necessary, was a settled conviction of a large majority of the settlers. Larger crops ware grown, and the system of cultivating, tobacco particularly, had been adopted. No body of land offered superior quality of soil for the produc- tion of cerials and tobacco. In fact the low lands, as well as a greater part of the hill lands, were found to be superb in producing capacity. TOBACCO AS A CURRENCY. Tobacco, as far back as 1792, was the equal of money in every respect. All officers' fees at that time, fixed by law, were chargeable and receivable in tobacco. By an act of the Assembly, approved June 28 of that year, this law was repealed and all fees made charge- able and receivable in the currency of the State. This act went fur- ther, to wit : '•' And for every pound of tobacco allowed by any ex- isting laws, to any officer, witness, or other person as a compensation for any service, they shall in lieu thereof be entitled to receive one penny current money of Kentucky. That for all forfeitures and fines, in tobacco, in force in this State, suits may be instituted and recov- ered in money at the same rate." 112 HISTORY OF HENDERSON COUNTY, KY. An act approved December 21, 1792, revived the English law of 1745, so far as the same related to sheriffs, and gave them their fees payable in tobacco at one penny, half penny per pound. December 22, 1792, the old act was revived as to coroners, they to be paid their fees in specie, or transfer tobacco, at the rate of one penny, half penny per pound, at the option of the party charged therewith. Even up to 1813 and 1815 the penalty attaching to constables' bonds was made payable in tobacco. TOBACCO INSPECTION. Inspection warehouses having been established in many of the counties of the State, on the tenth day of February a general law was passed, regulating the handling of tobacco. Henderson being the largest tobacco growing county in the State at that time, those interested in the growth of the weed will doubtless be gratified to know something of this law and how it affected their ancestors and predecessors in selling and shipping. Such parts of the law as are deemed material for this purpose are here incorporated : " It was enacted, etc.. That no person shall put on board or receive in any boat or vessel in order to be exported therein, any tobacco not packed in hogsheads or casks, to be in tliat or any other boat or vessel, exported out of this State, before the same shall have been inspected and reviewed, but that all tobacco whatsoever, to be received or taken on board of any boat for ex- portation, shall be received and taken on board at the several warehouses, or some one of them, and no other place whatsoever/' Masters of boats were prohibited from carrying unstamped to- bacco under a penalty of a fine of fifty pounds, while the servants had the following law to guide them : *' And if any servant, or other person, employed in navigating any such boat or other vessel, shall connive at, or conceal the taking or receiving on board, any tobacco in bulk or parcel, he shall pay the sum of five pounds, and if such servant or other person shall be unable to pay the said sum, he or they,' and every slave so employed, shall by order of a magistrate receive on his bareback, thirty -nine lashes, tvell laid on.^^ The owners of tobacco were authorized to break any hogshead for the purpose of repacking or prizing for the convenience of storage, provided the original package had been stamped, and that the -change was made at the warehouse where the same was inspected, weighed, marked and stamped. Owners of tobacco were allowed to carry the same in bulk or parcels on board of any boat to a licensed warehouse, or from one HISTORY OF HENDERSON COUNTY, KY. 113 plantation to another for better handling or managing thereof, or thev were allowed to bring their tobacco by boat to a warehouse to be re- packed, sorted, stemmed or prized, provided it was packed in hogsheads or casks. The warehouse keeper was allowed as rent three shillings for each hogshead of tobacco received, inspected and delivered out of his house. In addition he was allowed on all tobacco remaining in the warehouse over twelve months three pence per month, to be paid by the owner. Inspectors were allowed four shillings and sixpence on each hogs- head. This was their full fee and no salary or other fee was allowed. All tobacco that was brought to a warehouse was required to be in- spected by two licensed inspectors, who were required to reject all to- bacco that was not sound, well conditioned merchantable and free from trash. In case any tobacco was refused by the inspectors, the owner was at liberty to separate the good from the bad, but in case he re- fused or failed for one month to do this, the inspectors were to employ one of the pickers attending the warehouse to pick and separate the same, for which they were paid one-fifth part of the tobacco saved, and the tobacco adjudged unfit to save was placed in a '* funnel " erected by law and burned. If any tobacco packed in any hogshead or cask by any overseer, or the hands under his care, was burned by the inspectors, by reason of its being bad, unsound or in bad condition, the overseer who had the care of making and packing the same, suffered the loss of the to- bacco so burned. All tobacco brought to the warehouse for exporta- tion by the owner was required to be examined and weighed, and if found good to be stamped and the owner given a receipt, stating whether the tobacco so received was sweet scented or Oronocko, stemmed or leaf, and whether tied up in bundles or not. For every hogshead exported by land or water the owner was required to pay seven shil- lings and six pence and find the nails for securing the same, or pay eight pence per hogshead for each hogshead so secured by the inspec- tors. On the twenty-first day of December, 1825, the following act was approved : "That froni and after the passage of this act all purchas- ers of tobacco within this Commonwealth shall be at liberty to export the same without having the same inspected." Tobacco inspection warehouses were established by law in Hen- derson, and from 1801 up to the passage of the act, December 21, 1825, all tobacco was handled by and passed through some legally authorized warehouse. In those days every planter packed his to- 8 114 HISTORY OF HENDERSON COUNTY, KY. bacco into hogsheads and boxes, and such a thing as bringing a crop to market loose was unknown. Subsequent to December, 1825, stem- nieries were erected, and the business of inspecting and handling to- bacco gradually grew less, until the warehouses were finally exter- minated. They continued to do business, however, until 1835. After the establishment of stemmeries, planters ceased, to a very great ex- tent, to pack in hogsheads, but begun the system of delivery of loose tobacco by wagons. RISE OF THE TOBACCO INTEREST. Henderson soon became the first strip market of the country, and those who engaged early in stemming made large fortunes. The Ohio and Mississippi Rivers furnished an outlet for all the produce of the country. Flat boats and barges being used before the intro- duction of steam machinery, many of the earlier citizens of Hender- son engaged in floating merchandise to New Orleans where they, after disposing of their produce, would either sell their boats orelse cordelle them back up the river. It was indeed a very common custom to float down the rivers and return overland on foot. General Samuel Hopkins having resigned his commission as Chief Justice of the Court of Quarter Sessions, Jacob Barnett was ap- pointed by the Governor in his stead, and at the March term, 1801, took his seat upon the bench. Mr. Barnett served but a short time when he died. Abraham Landers resigned and the two vacancies were filled by the appointment of Dr. Adam Rankin and John Holloway in 1802. That court at this time was composed of Hugh Knox, Dr. Rankin and John Holloway. A PRIMITIVE COURT. This primitive court, as is the case with all such, was a sort of free and easy. The ordinary hanger-on considered himself the equal of the Judge, in point of legal intelligence, and reserved to himself the ri<^ht to perpetrate jokes, prop his feet upon the window sill, and even at times to elevate them along side of the Judge on his punch- eon bench, just as the humor moved him. Judge Knox, the Chief Justice, after the death of General Hop- kins, was a man of many good points, an old bachelor, and one given to bachanalian frolics, sometimes social looseness, for which he was frequently indicted by the grand jury. Whenever an indictment was found against him he plead guilty, and was fined without a murmur, and then with commendable promptness would pay his fine. He was never known to ask mercy or favor, but having settled his own little HISTORY OF HENDERSON COUNTY, ICY. Il5 difficulties, would return to the bench and administer similar justice to others who had violated the written law. The two assistant Justices,"Dr. Rankin and John Holloway, were men quite unlike the Chief Justice ; they were thorough business men, of settled habits and fine intelligence. They believed in up- holding society and bringing it under the highest standard of morals, virtue and religious training. If one is to be justified in what he may read in the early records, it is safe to infer that society in the early days of the county was rather below par. It was a very common occurrence for men to sue for debt and fail ingloriously to make out a case, from the fact the debt had been previously paid, and the defendant fortunately for himself, held a re- ceipt. In this case the order of the court would conclude : " It is therefore ordered that the plaintiff take nothing by his bill, but that he be in mercy of the court for his false clamor, etc." A peculiar, and perhaps unheard of proceeding, was had in one of the early courts A grand jury was empanneled composed of the required number of veniremen, who returned to the court several in- dictments, found upon the evidence of members of the jury. The next day when the indictments were called for trial, there were not a sufficient number of legally qualified males in the house, or around the village from which to secure a petit jury, so a part of the jury was made up of the grand jury, who had found the indictments. It is perhaps the only case known where the same man served as grand juror in finding an indictment and petit juror in trying the same. At this term, to wit : May, 1801, Wm. B. Blackburn, who had made an efficient Commonwealth attorney for the county, resigned his office, and James Bell, Esq., was appointed to fill the vacancy. A DRUNK JURY. At the same time there was another rather strange procedure, at least it would be so regarded at this time. In the suit of William Dunn vs. John Lankford, after the jury had been sworn, and the evi- dence heard, and the case argued, it appeared as well to the court as the parties interested, tljat Thomas Houseley, one of the jurors, was very drunk, so much so as to be incapacitated to render any verdict. By consent of the parties and their attorneys and at the command oi the court, Houseley was withdrawn and Jonathan Anthony, a bystander, who had heard the evidence, and the arguments of the attorneys of both parties, was called and his name affixed to the panel. He was 116 HISTORY OF HENDERSON COUNTY, KY. examined, elected, and then sworn to try the issue. After awhile it was discovered that another juryman was too far gone, as to know whether he was sitting in a jury box or in a variety theatre. By this time the court became disgusted and ordered the case to be contin- ued to the next court, not, however, without first placing the two jury- men under a two dollar obligation each, which they were ordered to make good else be locked in the dungeon. FIRST LIQUOR DEALER INDICTED. Mr. Hugh McGary, who figures in several parts of the early his- tory of this work, was indicted for selling liquor without license, and was the first person found guilty of such an offense in the county. SQUIRE m'bEE and MARRIAGE. In 1802, there being so few ministers, old Squire Silas McBee was authorized by the County Court to solemnize the rites of mar- riage, and from what can be learned from him, he was rather given to humor, and indulged the propensity frequently. Ministers were licensed to solemnize marital rites, according to the rules of the church to which they belonged, and required to re- turn the license to the clerk of the County Court with his indorse- ment thereon. Many of these old-time returns are amusing, as much perhaps for their illiterate entierty as their originality. The license sometimes directed the parties to be married according to the rules and rites of some certain church. Esquire McBee happened to be called in on one occasion and was given a license intended to be sol- emnized by a Cumberland Presbyterian. He, in his hurried way, joined the parties in marriage, and returned the license with the fol- lowing- indorsement : '* I jined them according to the rites and cere- monies of the Cumberland Church, to which church, I say now, I don't belong." The old Squire was honest to say the least of it. FIRST MOB. Amos Kuykendall, of bare-back notoriety ; Abner Kuykendall, and James Walton, concluded to take the village, and were arrested by the Sheriff. A short time afterwards, a mob (the first one ever- organized), composed of Robert McGary, William McGary, Hugh McGary, Jr., Andrew Bratton, Thomas Fletcher and Solomon Nesler appeared in the presence of the Sheriff and demanded the surrender of the prisoners. Being overpowered, he had but one alternative left him, and that he exercised. The prisoners were given up. For this, at the May term of the Court of Quarter Sessions, each member of the mob was indicted, for rescuing with force and arms, said prisoners HISTORY OF HENDERSON COUNTY, KY. 117 from the custody of the Sheriff, in the Town of Henderson, on the first day of August. BRIDGES. The County Court, during this year, turned its attention to the propriety of building bridges over several creeks at important fords, but nothing was done in the way of building until the year following, 1803. In this year, Edmund Hopkins and Dr. Adam Rankin were appointed conrmissioners, with power to bridge Canoe Creek, at the crossings on the Owensboro Road, Madisonville Road, and Morganfield Road, as now. This they did, paying tor the bridges the sum of ninety dollars each. No spike nails were to be had at that time, so the poles were pinned down at each end with wooden pins. These were cheap structures, of course, and lasted but a short time ; however, were far better than nothing, and correspondingly appreciated by the people. FIRST FELONY ON DOCKET. On the tw^enty-first day of April, 1803, the little village was com- pletely upset by the arrest of Hugh McGary, charged feloniously steal- ing and carrying away nineteen English guineas, two half-eagles, thirty dollars in silver and six hundred dollars in bank notes, the property of Samuel Baker, a guest of McGary's Tavern and whisky shop. This was, perhaps, a greater bulk of metalic and paper values than McGary had ever seen before, and the temptation to grow rich, even at so great a risk, was more than he could withstand. The District Court met at that time at Russeliville, and what became of the prisoner the writer is unable to say. CHEAP SERVICE. As an evidence of cheap travel and cheap service, the April court, 1804, received and certified to the Auditor of Public Accounts, the ac- count of John Bilbo, acting Sheriff, for the sum of seventeen dollars, for traveling three hundred and sixty miles on horseback, and attend- ing to compare the polls of the election of a Senator of the State As- sembly, and for a Representative in Congress. At this court the first indictments were returned against over- seers of roads, but subsequent to this. time it was a common custom to present at each court a majority, if not everyone of those unfortunate office holders. A TOWN ON PAPER. At the May County Court this year, John Gray and Willis Mor- gan executed bond to the County Court, in the penalty of one thou- sand pounds, for an order granted them for the establishing of a town 118 HISTORY OF HENDERSON COUNTY, KY, on their lands purchased of Thomas B Evans. Where this town was to be located, the writer has been unable to learn from any source, only that it was to be on the Ohio River and in Henderson County. LOCATION OF COLLEGE LANDS. February 10 and December 22, 1798, the Legislature created a .lumber of academies, and for the purpose of encouraging education, authorized and empowered the Board of Trustees, or their agents, to cause to be surveyed, on any vacant or unappropriated land to be found on the south side of Green River, six thousand acres each. Un- der the authority thus given. Bethel Academy, July 20, 1800, by Daniel Ashby, agent, located twenty-nine hundred and fifty acres, on Clear Creek Fork, and three thousand and fifty acres on Caney Fork of Tradewater. Livingston County, on December 20, 1802, by Justinian Cart- wright, agent, located five thousand two hundred and fifty acres on Tradewater River. Pendleton County, on December 22, 1802, by Justinian Cart- wright, located one hundred and ten acres between Pond River and Tradewater. . Livingston Academy, April 10 and July 15; 1802, by Cartwright, agent, located three hundred and fifty and two hundred and fifty acres the North and Clear Creek Forks of Tradewater. Harrodsburgh Seminary, on July 2, 1804, by Peter Casey, agent, located three thousand acres on the North Fork of Tradewater River. This made a total of fifteen thousand seven hundred and sixty acres of Henderson County lands, given by the State, to counties and acad- emies in other parts of the State. In October, 1804, the last Court of Quarter Sessions was held, the same having been abolished, and a Circuit Court substituted in its stead. CHAPTER XIII. ESTABLISHMENT OF FERRIES THE FIRST BOAT — FARMING THE SHER- IFFALITY — MANLY COURSE OF JUGE TOWLES — WHIP-SAWING — COLD FRIDAY — HOPKINS COUNTY FORMED — AUDU- BON WORKING GREEN RIVER, ETC., ETC. /(pwHE year 1800 was ushered in with a greatly increased population and still brighter hopes of the future. A number of families, com- posing the best people of the States, had found their way to the new land, and were actively engaged with the earlier settlers in opening up the wild woods, clearing the barrens and preparing the lands for an intelligent cultivation. FERRIES. Ferries were established at Henderson and several points in the the county along the Ohio and Green Rivers. Roads were opened and bridges built, and while the revenue was yet very small and the delinquent list correspondingly large, still every dollar of the peoples' money was judiciously expended with a view to the ultimate good of the county. General Samuel Hopkins estabUshed the first public ferry at the mouth of Green River, from the Kentucky to the Indiana shore. The first ferry at Henderson was established by Jonathan An- thony in 1802. AN OHIO RIVER SHIP. The first vessel of any magnitude, or even respectability, which passed Henderson en route to the Mississippi, was a ship built at Elizabethtown, Pennsylvania, in May, 1800. She started on her first journey with seven hundred and twenty barrels of flour. At Louis- 120 HISTORY OF HENDERSON COUNTY, KY. ville she was detained on account of low water, till the following Jan- uary, but during that month, while the river was clear of ice, she came sailing on down, passing Henderson two days after leaving Louisville. At Fort Massac, Illinois, she added to her cargo, for the New Orleans market, two thousand bear skins and four thousand deer skins. In the spring of 1805, a beautiful little sailing vessel, of seventy tons burthen, fitly called the " Nonpariel," passed down for New Orleans. In this year two warehouses were established for the inspection of beef, pork, flour, hemp and tobacco. Philip Barbour and Meri- dith Fisher were appointed inspectors. On the first day of April, 1805, the first Circuit Court held its sit- ting, with Judge Henry P. Broadnax upon the bench, assisted by Dr. Adam Rankin and Hugh Knox. William Featherston, Samuel Work, Christopher Tompkins, James Bell and John Daviess were au- thorized and admitted to practice as attorneys in this court. William Featherston was appointed Commonwealth's Attorney for the county. At the July term of this court, John Grey, Alney McLean, Charles Henderson, Henry Delano and John Campbell, were admitted as at- torneys. FARMING THE SHERIFFALITY. The Sheriffs of the county, prior to 1805, and for sometime after- wards, were extremely loose in their mode of doing business, and in more than one instance came to grief from their own negligence and that of their deputies. Under the old constitution, the oldest serving Magistrate was entitled, by rot.ition, to the office of sheriff, and was invariably appointed as such by the Governor, and yet there is not more than one, perhaps two instances, wherein the legally appointed sheriff performed the duties of the office. It was the custom of the Magistrate receiving the appointment, even up to the adoption of the new constitution, to farm out the office — that is to say, sell the office to some one or two parties, and take from them bond to secure him from loss. There was no objection urged to this system until 1835, at which time Judge Thomas Towles was entitled to the office, but waived his right, and consented to remain on the bench. The county then, as now, had its meddlers and office-seekers, and of course there were men to insinuate and complain. Judge Towles at that time failed to be apprised of what was said, but hearing of it afterwards, determined to exhonorate himself from any degree of discredit. At the next meeting of the County Court, he called the attention of the Court to certain objections to his longer serving, and at the same time tendered HISTORY OF HENDERSON COUNTV, KY. 121 his resignation as magistrate. There was a determination not to ac- cept it, but the Judge was positiv^e upon that point, and the court very reluctantly consented to his resignation, not, however, without passing the following order.' " Some years ago the County Court, having failed at the proper court to recommend a sheriff to the Governor, the said Thomas Towles, being the oldest and senior justice of the said county, waived his right to the sheriff ally , and by general consent John Green was appointed sheriff for the term to which said Towles would have been entitled, and the said Towles, by reqiiest, continued in office as a justice, and did not resign until this day, when some objections being made to the practice of justices selling the sheriffalty and holding on to the office of magistrate, he, the said Towles (although urged not to do so), thereupon resigned. The Justices present reposing entire confidence in the integrity, judgment, legal knowledge, skill and ability of the said Thomas Towles, Sr., and believing his assistance as a member of the County Court to be important to the interest of the county, have therefore recommended him to the Governor to fill the vacancy occasioned by his resignation." In a month afterwards Judge^Towles was reappointed and reas- sumed his labors as before, and this forever hushed any complaints. On the twenty-third day of February, 1805, the Harrodsburgh Seminary, by Peter Casey, agent, made another grab of Henderson County land, locating at this time on Highland Creek three thousand acres. BRIDGES. Early in the fall of 1806 the first bridges built commenced giv- ing way, and how to repair them or rebuild them was a question the County Court found considerable difficulty in determining, from the fact of the smallness of the levy and the greatness of the delinquent list. Finally, after considering the matter thoroughly, it was determined to rebuild the bridge leading toTradewater River over Canoe Creek, on the now Madisonville Road, and one over the Town Fork of Canoe lead- ing to Owensboro, by subscription, if possible, if not, to raise by that means as great an amount as possible and to pledge the county for the remainder. A contract was entered into with William Anthony to build a new bridge over the crossing leading to Tradewater at a cost of two hundred and twenty-two dollars, one hundred and thirty- two dollars more than the first bridge cost, and with John Stanley and William Kavanaugh to bridge the crossing leading to Owensboro at a cost of ninety dollars, the same cost as the first bridge. As has been said in a previous chapter, the original bridges were cheap structures, mostly built of poles. To give an idea of the second structures the specifications of the Town Fork bridge are here inserted : " The 122 HISTORY OF HENDERSON COUNTY, KY. ^ bridge is to be twelve feet wide in the clear, with two arches, the first across the stream 27 feet, the second to where -it lands on the west side to be 23 feet, the two t*'ussels to be 3 feet high from the top of the mud sill, the mud sills to be hewn 20 inches by 16, the cap sills 18 by 14, the trussel posts 15 by 12, braces 14 by 6, sleepers 16 by 6, to be laid in sixteen inches of each other, the plank to be sawed a foot or more inches and 3 inches thick." WHIP SAWING. From this the reader would judge that such a thing as a sawmill had been established in the county, but that is a mistake ; there were no sawmills. Planks were ripped from hewn logs by a system denom- inated " whip sawing," an upright saw, working perpendicularly, with one man above the other, to do the work now done by engines and steam. This was a tedious process, yet the weather-boarding and framing timbers for all of the houses built in Henderson prior to 1818, was sawed in this way. There are at the present time, three houses standing in the city with the same weather-boarding which was nailed on at the time of their building, between 1810 and 1818. These buildings will be noticed in their proper order. The April, 1806, Circuit Court came on, and with it that pests of all pests, the grand jury. Judge Knox, one of the Associate Justices, was once again made a victim on account of his passionate indiscre- tions, and with his usual adamantine face and limitless cheek, con- fessed the corn and paid his fine. Henderson County was now eight years old by legislative recog- nition, and yet the morals of the people had not been reduced to that beautiful simplicity and religious standard the punctilious so devoutly wished. Some men would profanely take the name of the Lord in vain and yet punishment was as certain as taxes. The grand jury was no respector of persons, on the contrary they rather took a de- light in making examples of the leading men whenever the opportu- nity presented itself. Henry P. Broadnax, Judge of the Circuit Court, William Featherston, Commonwealth's Attorney, Joel Lambert and Thomas G. Walker were each indicted at this term for profane swear- ing and fined the round sum of five shillings each, which they paid without a wordf It is just to say, however, that the morals of the young county were far better, considering the character of the popu- lation as a whole, than well could be expected of a similar settlement composed of men of these days. There were but few indictments brought in by the grand jury, and they were mostly confined to minor offenses. ■ HISTORY OF HENDERSON COUNTY, KY. 123 SEMINARY LANDS. In the month of April the trustees of the Hartford Academy located on the north fork of Tradewater two hundred and forty- four acres of land. On the twentieth of Semptember Bethel Semin- ary, by David Ashley, a^ent, entered one thousand acres on some small branches emptying into the Ohio River. On the eleventh day of February Henderson and Hopkins Counties were declared by law one Senatorial district, and at the fol- lowing election Daniel Ashby,of Hopkins, was elected. COLD FRIDAY. Nothing particularly interesting occurred during 1807, except the ever •memorable "'Cold Friday," which was the subject of talk for years among those who felt its piercing chills. Mr. Collins says : " On Thursday, February, 1807, the mercury was caused to fall sixty degrees within twelve hours by the cold winds. At nightfall it was mild and cloudy. After night it commenced rain- ing with a high west wind. This rain soon changed to a snow, which continued to fall rapidly to the depth of six inches, but the wind, which moved at the rate of a hurricane, soon lifted and dispersed the clouds, and within the short space of twelve hours from the close of a very mild Thursday, all Ke^ntucky was treated to a gentle rain, a violent snow storm, and a bright sunshine morning, so bitterly cold that by acclamation it was termed ''Cold Friday," On the morning of this day the trees in the forests were cracking like the report of guns, and everything was bound in the fetters of ice." The County of Hopkins was formed during the early part of this year, although the act of the Legislature sub-dividing Henderson County was approved December 9, 1806. The first case under an act to permit debtors to confess judg- ment in a summary way, was heard at the July term of the Circuit Court. Assistant Judge Hugh Knox, who also held the distinguished office of surveyor of one of the roads, was indicted and fined during this court for non-performance of duty. AUDUBON. Mr. Collins, in a short biographical sketch of the life of the re- nowned ornithologist, John J. Audubon, places his arrival in Hender- son during 1807, but Mrs. Audubon, in her book of his life, places it during the year 1812. From the most reliable testimony attainable, 124 HISTORY OF HENDERSON COUNTY, KY. it IS most probable that his arrival dates from 1810 or 1812. On- De- cember 22, 1813, he purchased from General Samuel Hopkins, agent of Richard Henderson & Co., lots Nos. 95 and 96, half of the square lying on the west side of Third Street, between Green and Elm. On the third of September, 1814, he purchased lots Nos. 91 and 92, half of the square lying on the west side of Second Street, between Green and Elm. EARLY HENDERSON STREETS. The first mention of High Street is made in this year, and that in connection with an order from the County Court, appointing Meri- dith Fisher, John Husbands, Joseph Fuquay and Jacob Sprinkle com- missioners to view a roadway from High Street, in the Town of Hen- derson, and such other streets and lots as to them may seem best to intersect the roads leading to Highland a.nd Green River, at the mouth of Lick Creek. From the best information, the present First Street was originally called High Street, as Second Street was origi- nally known as Mill Street. A tobacco, hemp, flour and pork inspection warehouse was es- tablished at Perryville, Henderson County, and one in the Town of Henderson, on the lot of Philip Barbour, to be called and known by the name of Henderson Inspection. Nothing of importance occurred during ttie year 1808 save it be the building of common board warehouses for the reception of to- bacco and articles of general merchandise. It is evidently true, however, that the people were distressed for money during that year, for out of a depositum of ninety-seven dollars and ninety-eight cents, reported by Fielding Jones, acting Sheriff, he also reported a delin- quent list amounting to seventy-five dollars and thirty-seven and one- half cents. " WORKING " GREEN RIVER. On the sixteenth day of February the following act was ap- proved : ''Beit enacted, etc. ^ That it shall and ina\ be lawful for the County Courts of the several counties through or by which so much of Green River may run as is navigable, to cause the same to be cleared out and kept in a sit nation fit for navigation, and for that purpose shall annually in the months of July, August or September, lay off said river into precincts and appoint an over seer to each precinct, and allot a sufficient number of hands of the male titheables of the county to keep the same open for navigation. That it shall be the duty of the overseers respectively, to call on the hands, to each of them alloted' and within one month thereafter, or as soon thereafter as practicable, to pro- ceed with such hands and remove all fish pots and dams of every description, HISTORY OF HENDERSON COUNTY, KY. 125 remove all logs, cut and clear away all timber projecting over said stream, shrub all points of islands, and remove such other obstructions in the channel as may impede the navigation of said river. Any overseer failing to do his duty shall be subject to the same penalties as are provided against overseers of roads, and every titheable failing when called on, shall forfeit and pay the sum of seventy-five cents for each day. All titheables working on the river shall be exempt from working on any of the public roads, and the number of days he shall be required to work on the river shall not exceed three in any one year." For many years men were appointed to work Green River as regularly as they were appointed to work the roads of the county. FIRST HABEAS CORPUS. The first writ of habeas corpus was granted at the April term of the Circuit Court, 1809, to Joseph and Sarah Wendell, and they were discharged from the custody of the jailer. CIRCUIT COURT RULES. The first Circuit Court rules were read, recorded aud established at the July meeting, and are as follows . ''First. — There shall not more than two lawyers appear in any civil suit or motion, nor shall any lawyer speak more than once, unless where he appears alone for the plaintiff, or by leave of the court. " Second. — The counsel for the defendant shall a Iways have his pleas ready when his suit shall be called, if not, the writ of inquiry shall forthwith be exe- cuted. " Third.— The plaintiff shall not put his suit at the end of the docket, until he has first shown by legal grounds for a continuance, then the clerk shall put it at the end of the docket. •' Fourth. — A party obtaining a leave to amend (if any amendment operates as a continuance) shall pay the whole cost of the term, " Fifth. — On motion for a new trial, the grounds upon which such motion shall be made, shall be stated in writing, and affidavit filed where proof is nec- essary. *' Sixth. — No motion shall be made for a continuance until an affidavit is filed, stating the grounds for such continuance ; and where a witness lives out of the State, or a second motion is made on account of the absence of the same witness, the affidavit must state what the witness will swear. "Seventh.— Whenever any suit shall be laid over by consent, it shall be put at the end of the docket. *' Eighth, — No motion will be heard after the business of the day is taken up." At this time, and prior to this time, it was frequently the case to render judgment — especially in cases where the pla intiff was non- suited—payable in tobacco, one hundred and fifty pounds or more. % 126 HISTORY OF HENDERSON COUNTY, KY. At this term of the court William B. Smith was indicted and fined one hundred dollars for assaulting Uriah Blue, High Sheriff. DANGEROUS WOMEN OR A COWARDLY MAN. There were dangerous women in those good old days, or else there was one great coward. Joseph Wendell, a hard character, who had, with his wife been confined in jail and released under a writ of habeas corpus, came into court and made affidavit that he feared great bodily harm would be done him by Lydia Johnson, Mary Ann and Sarah Horton, and prayed that they be recognized to keep the peace. This was done, and General Sam'l G. Hopkins, to give emphasis to his extreme disgust, or to show his keen appreciation of the female sex, volunteered security, which was accepted. Immediately there- after at the instance of Mrs. Wendall, the aforesaid Joseph was placed under similar bond, but there was no General Hopkins to volunteer security, and Joseph was once again placed behind the bars. The County Court contracted with John Williams to bridge Lick Creek at the Owensboro crossing, and at that time the floor sills were only required to be twenty-four feet long. The depositum reported by the Sheriff for this year, was two hundred and thirty-eight dollars and twenty cent. The delinquent list thirty-three dollars. By an act of the General Assembly the whole of Richard Hen- derson & Co.'s grant of land was taken into Henderson County. This was done by an act entitled, '* An act to add part of Ohio County to the County of Henderson^^ approved January, 1809, and is as follows : '*5e it enacted, etc., That from and after the first day of April next, all that part of Ohio County comprised within the following bounds, shall be added to, and considered a partot tiie County of Henderson, to wit : beginning on the Ohio at the mouth of Green River and running up the Ohio to where the line ot Henderson & Co.'s grant strikes the same, thence with said line to Green River, thence down the same to the beginning." By this act, what is now known as the Point Precinct, was added to Henderson County. During this year, Mr. Phillip Barbour was largely interested in the manufacture of salt, at the United States Saline Territory, of Illi- nois, and while that necessity was not so unreasonably high in price as it was a few years prior to that time, it was yet too high for the con- venience of the ordinary pocket-book. It was now manufactured in greater quanities, from the fact, with the opening up of the country, larger supplies of water had been discovered, and greater convenience HISTORY OF HENDERSON COUNTY, KY. 127 secured for boiling and evaporating. From an old letter found, the following is taken, to give a limited idea of the salt trade, and how it was carried on from this section;,at that time. Only a few years be- fore, it was a difficult matter to supply Henderson and the surround- ing country, but the jdiscovery of the Saline Wells overstocked this market, and directed the attention of dealers to other and more populous markets. On July 25, 1809, Stephen Cantrell, Jr., & Co., Nashville, Tenn., wrote Mr. Barbour, acknowledging the receipt of a quantity of salt, and stating that the general price of salt in that town had been for some weeks past, steady at two dollars per bushel, but in order to effect a ready sale of his shipment, they had disposed of the entire lot at one dollar and seventy-five cents per bushel ; further, that the price would likely fall the approaching season, owing to the exportation of large quantities looked for. In this letter was an account of sales in which they charge up 5 per cent, commissions for handling and sell- ing. In Mr. Barbour's old papers, the following bills of lading were found : " Shipped in good order and well condition, in and upon the good boat called, the ' Nancy.' 31 bbls. salt, for account James Wilson, bound to Nash- ville, Tennessee, Charles Stewart, Master." *' AprillO, 1809. Shipped in good order, bv Philip Barbour, in and upon the good boat called, the "Ohio Packet,' James Barbour, Master, bound for Louisville, eighty-four bbls. salt; freight to be paid at the rate of sixty-six cents per hundred weight " CORBELLING. The " Nancy " and " Ohio Packet," were keelboats or barges, propelled by hand, for it is well known that there were no steamboats at that time. These were drawn up stream by ropes in the hands of men trudging on shore by the water's edge. The immensity of this undertaking can hardly be realized at this time, for it is something fearful nowadays to move an empty barge a few hundred yards up- stream, but in early days, before the introduction of steam, men cor- delled heavily ladened barges, unconscious of the enormity of the un- dertaking, and plodded along in quite as good humor, as will usually be found displayed by the crew of one of the largest and finest Ohio River steamers. CHAPTER XIV. MISTAKE IN THE CENSUS — COTTON CULTURE — CONTEMPT OF COURT — HORSE RACING WORKING GREEN RIVER — THE EARTHQUAKES — THE FIRST STEAMBOAT— FLOOD OF 1812— CUT MONEY — HURRICANE, ETC. ^^HE year 1810 found the village of Henderson with a much V-y smaller population than it was reported to have had in 1800. The census return for 1800 gave Henderson a population numbering two hundred and five souls; tlie census return for 1810 gave a population of one hundred and fifty-nine souls. There was evidently a mistake in the first enumeration, and this is to be accounted for on the ground of ignorance on the part of those employed to take the list. It is highly probable, and no doubt the fact, that the population of a greater part, if not the entire surrounding country, was accredited to the town in the census of 1800 ; certainly there was no falling off in the population from 1800 to 1810. The census return for 1800 gave Henderson County a population of one thousand four hundred and sixty-eight souls, and Henderson County at that time embraced all of the territory now embraced in the four Counties of Henderson, Hop- kins, Union and Webster. The return for 1810 places the population at four thousand seven hundred and three souls, an increase of three thousand two hundred ^nd thirty-five, and yet Hopkins County em- bracing a territory forty miles in length and twenty six in breadth had been taken from Henderson. It maybe taken as a settled fact, there- fore, that there is an important inaccuracy somewhere, and most posi- tively certain that the village of Henderson did not contain a popula- tion of two hundred and five souls actual residejits during^ the year 1800. 130 HISTORY OF HENDERSON COUNTY, KY. It is very much to be doubted if the village of Henderson con- tained a legitimate population of one hundred and fifty-nine souls in 1810, for, by reference to the poll books of an election held on the first day of May, 1819, for the purpose of choosing five trustees of the village, only twenty-one votes were recorded. Estimating the pop- ulation at seven to the voter, and assuming that the vote owing to its importance was pretty near a full one, the population of the place at that time would have been only one hundred and forty-seven. HEMP AND COTTON CULTURE. Hemp and cotton were both grown in the county this year, but with what success it is unknown. G. W. Warde, living on the Ohio River between Evansville and its mouth, cultivated both, and at the December term of the County Court, made application for the estab- lishing of an inspection warehouse. CONTEMPT OF COURT. At the July term of the Circuit Court Judge Broadnax had his temper and judicial courage thoroughly tested by Edward Cheatham, one of the venirmen, who was a man of some importance at that time. Mr. Cheatham engaged in conversation, and being rather strong of lung, inteirupted the business of the court. He was admonished by the Judge and yet persisted. He was fined six dollars, and this seemed to incense him ; he was fined ten dollars once, twice, and yet he refused to be quiet ; he was fined thirty dollars, once, twice and three times, and still he defied his Honor, the Judge. Finally he was ordered to prison in the custody of the jailer, there to remain until his several fines, aggregating one hundred and sixteen dollars, were paid, or secured to the Commonwealth. He ranted and raved, as he journeyed on to the house of correction, and not until having slept one night a prisoner, and calculating the cost, did he come to a proper understanding of how foolishly he had acted, and the extent of his beligerency. He succumbed to the magesty of the law, and prayed pardon, which was granted next day. This determined course of Judge Broadnax ever afterwards secured him the respect due his position, and no more self-important men tempted his authority. HORSE RACING. Horse racing was extremely fashionable in 1810, and perhaps more than half a dozen tracks were located at different points in the county, where men would congregate and bet from a gill of cider to twenty-five, and even fifty dollars lawful money. Those men who* fre- quented such places were, as a general rule, wild fellows, given to frolic and recklessness, and caring little for the Sabbath day. HISTORY OF HENDERSON COUNTY, KY. 143 militia was descending the Mississippi River to aid in the defense, .and when it arrived at New Orleans, was almost entirely without arms or ammunition, nor were there-^^-any adequate magazines in the city from which they could be supplied. Several boat loads of arms had been shipped at Pittsburg, and were then struggling through the shoals of the Ohio, and such was Jackson's preparation for defense. General Thomas' Division of Kentucky Militia arrived in the early part of January, but could not at first muster over five hundred mus- kets. Immense exertions were made to arm them, and even on the day of battle, there were six hundred ready and anxious to fight, who could not procure a musket or shotgun, with which to defend their country. HENDERSON SOLDIERS. Early in December, Captain Robert Smith, of Henderson County, and father of the present County Clerk, embarked with his company on board a flatboat en route to join the other Kentuckians, who were moving down the river to reinforce Jackson's little army. Hender- son was represented in this command by Captain Robert Smith ; First Lieutenant, Morton Rucker ; Asa Turner, Ensign ; Thomas Kilgour, Payne Dixon, Joel Lambert, John McGraw, William Lambert, Wil- liam Sandefur, Charles M. Brown, William Arnett, John Mayho, Strother Berry, John Vickers, William Tupin, Dan. Powell, Philip Mc Namar, Thomas Skillet, Eneas Hardin Obediah Keach , John Fu- quay, Jesse Stephens, Samuel Butler, Daniel Bromley, John Slayden, Stephen Rouse, Captain Holmes, Handley Harmon, Captain J. B. Anthony, and many others. In this boat they proceeded as far as Smithland, at the mouth of Cumberland River, where they were transferred to an ordinary horse- boat. This was a miserable, rickety affair, and absolutely filthy, so much so, many of the mfen were taken sick, and seven of them died be- fore reaching Natchez. This sickness and death was attributed to the un- healthy condition of the horse-boat, ^nd upon arriving at Natchez, another boat was provided, and in this they floated to their landing place, at the bank in front of the city, arriving on the evening of the fourth of January, 1815. Thus we find Captain Smith and his little band of patriots landed at the City of New Orleans. They arrived there late in the evening of the fourth, every man eager to be assigned a place directly in front of a Red Coat, or, if needs be, on the picket line. More than one of them had promised friends and relatives, whom they had left behind, a red coat, as a memento of the great battle to 144 HISTORY OF HENDERSON COUNTY, KY. be fought, and actuated more by this, perhaps, than any other incen tive, they were almost uncontrolable. They fumed and fretted, they complained, and yet it seemed as though they were destined to be left behind. The company had no arms, and for a time it looked as though they would never be supplied. This enraged many of them, and all the camp guards and strict military regulations were hardly sufficient to restrain these determined fellows and keep them within bounds. Several of them, disregarding all rules of discipline, secretly abandoned camp, and before morning returned with a gun apiece which they had purchased or purloined. On January 7, their great anxiety was satisfied by the arrival of guns and ammunition, and they, with the other Kentucky troops, were assigned a most important place in the line of battle. THE MORNING OF THE EIGHTH Was cloudy and misty, and about daybreak General Packenham pre- sented his compliments, by the firing of two rockets in the air, which were the signals to move forward. The Kentuckians little dreamed, while floating down the Mississippi unarmed, and suffering the priva- tions incident to those early times, that they were so soon to stand face to face in front of the Duke of Wellington's trained soldiers ; sold- iers who had met and defeated the great Napoleon only a short time previous ; soldiers who had been taught to know no fear, to respect no danger ; but these were the men whom the militia had volunteered to drive from Louisiana soil. About eleven hundred Kentucky militia, and a Tennessee brigade, formed the center of Jackson's army be- hind breast works. The Kentuckians were commanded by General Ad ir, who formed a reserve corps, and were directed to march to the assailed point and strengthen the line there. Lt was well understood that an attack would be made on the eighth, and the Kentucky troops were marched to the lines before daylight, and halted a few yards from the center uotil the grand point of. attack should be disclosed. An em- inent historian says in his story of the battle : •'It was intended that the lines should have a depth of ten files at the point of attack, so that the stream of fire should be incessant Thf front rank alone would fire as fast as the nine ranks behind could pass forward their loaded muskets, receiviiig those discharged in their places, " When the point of attack had been clearly disclosed, the Kentuckians were ordered to close up with the Tennesseans, upon whom it was evident the storm was about to burst. "In three columns the English veterans of six glorious campaigns, cov^ ered with renown as with a garment, and hitherto victorious on every field, HISTORY OF HEND'ERSON COUNTY, KY. 145 rushed against an earthen breastwork, defended by men who had hurried from the plow and the workshop, to meet the invaders of their country. The fog lay thick and heavy upon the ground, but the measured step of the center col- umn was heard long before it became visible, and the artillery opened upon them, directed by the sound of the mighty host, which bore forward as one man to the assault. At the first burst of artillery the fog slowly lifted and dis- closed the center column advancing in deepsilence, but with a swift and stead} pace. •'The field was level as the surface of the calmest lake, and the artillery plowed through the column from front to rear without a moment slacking its pace or disordering the beautiful precisions of its formation. "Its head was pointed against the center of the Kentucky and Tennessee line, whose ten ranks of musketry stood ready to fire, and as soon as it came within one hundred and fifty yards the musketry opened with destructive efl:ect. Then there was a inoment's pause in the fire. The artillery along the whole line discharged showers of grape, the roar of musketry was as one deep uninter- rupted thunder like the roar of one hundred waterfalls, and the central breast- work tor four hundred yards was in a bright and long-continued blaze, which dazzled the eye, yet the heroic British column still bore forward into the very jaws of death. The head of the column actually reached the American ditch, and were there killed or taken. The residue f)aused and seemed be- wildered for a moment, and then retired in disorder under the same extermin- ating torrent of fire, which had greeted their advance. '•Their commander, General Packenham, and Generals Gibbs and Kean, next in command, had fallen. A host of inferior oflicers had shared the same fate, and their organization for the time was destroyed " CAPTAIN PAYNE DIXON, Who fought with undaunted courage throughout the entire battle, de- clared to the writer that at times his gun, from extreme heat produced by rapid firing, became unbearable to the hands. During the greater part of the firing, so dense was the smoke, the enemy could not be seen, and when the firing ceased and the British were found to be in full retreat, several of the Henderson boys mounted the breastworks and were about to rush out upon the field to secure a red coat, when they were peremptorily ordered back. The Henderson company fought on both sides of the Mississippi, having crossed over after the repulse of General Packenham to reinforce General Morgan, who was engaging the enemy with about 1,000 militia. On that side the Americans were repulsed. After the battle the troops went into camp, and remained until April, when the Kentucky boys started on their journey home over- land, on foot. 10 146 HISTORY OF HENDERSON COUNTY, KY. AN OVATION. In passing through New Orleans, the ladies and citizens cheered them lustily, the ladies showering upon them bouquets of beautiful flowers, as an evidence of their high appreciation of the bril- liant and self-sacrificing service rendered in behalf of the safety of their beautiful Southern home. The march from New Orleans to Natchez was a terribly hard one, and by some means the commissary department had been neglected, and the soldiers were actually suffering from the want of something to eat. At Natchez, several of the soldiers traded for and purchased horses, which they ro^e home. ARRIVAL HOME. In the month of May the Henderson soldiers arrived at their home, and were received with shouts of joy by their friends and kins- men. They had performed a noble duty, and won for themselves the gratulations of their countrymen. They had been foremost in the battle, and had been chiefly instrumental in defeating, certainly one of the grandest armies the sun had ever shown upon. FLOOD OF 1815. In April of this year the flood in the Ohio River was higher than ever known since 1793. FIRST COUNTERFEITER. At the March term of the Circuit Court James Davis was in- dicted for felonously counterfeiting money. He was tried, and sent to the State prison for three years. A specimen of his work is on file in the Circuit Court Clerk's office, and is certainly the equal of any engraving done at this day. With the exception of the paper used, the work is very superior. At this term of the court Assistant Judge Knox was again in- dicted for the exercise of one of his youthful indiscretions, which seemed to hang to him in his comparative old age. Walter Alves, who had been commissioned to fill the vacancy occasioned by the resignation of Dr. Adam Rankin, Associate Judge, produced his commission and was qualified at the June term. AN ACT CONCERNING CIRCUIT COURTS. On the third day of February, 1816, the following act " to further regulate Circuit Courts " was approved : *^ Be it enacted, etc., That so much of any and every law, as creates the office of Assistant Judge, shall be, and the same is hereby repealed, and the Cir- HISTORY OF HENDERSON COUNTY, KY. 147 cuit Judge of each Circuit Court shall alone possess all the power and author- ity for the trial of criminal and civil cases as the Circuit Courts heretofore possessed." In obedience ta this act, Assistant Judges Hugh Knox and Wal- ter Alves stepped aside, and left Judge Broad nax alone in his glory for the first time. In the early part of this year Benjamin Stevenson, of the Ter- ritory of Illinois, sold to Samuel Givens, of Union County, four hun- dred and five acres of land for one thousand gallons of whisky, esti- mated to be worth nine shillings per gallon. On the sixteenth day of January THOMAS TOWLES Was appointed and commissioned one of the judges of the Illinois Territory. Upon a superb piece of parchment and written in a bold, legible hand, appears the following : " James Madison, President of the United States of America to all who shall see these j^^'^sen^s greeting. Know ye. that reposing special trust and confidence in the wisdom, uprightness and learning of Thomas Towles, of Kentucky, I have nominated, and by and with the advice of the Senate, do appoint him one ot the judges in and over the Illinois Territory, and do au- thorize and empower him to execute and fulfill the duties of that office according to law, and to have, and to hold the said office with all the powers, privileges and emoluments to the same of right appertaining, during his good behavior or during the existence of the government established by the act of the Congress of the United States, passed the third day of February, 1809, entitled an act for dividing the Indiana Territory into two separate governments, and the or- dinance of Congress passed on the thirteenth day of July, 1787, therein re- ferred to, he to reside in the said Territory. In testimony, " By the President— JAMES MADISON, '•James Monroe, Secretary of State." Subsequent to this, Mr. Towles qualified, as will appear from the following certificate : *' Illinois Territory — '* Personally appeared before me, Ninian Edwards, Governor of the Ter- ritory aforesaid, Thomas Towles, who took the oath of fidelity to the United States, and the oath of office as judge in and over the Territory aforesaid. Given under my hand and seal, this seventh day of March, 1816. NINIAN EDWARDS. "bogus currency." While both population and business were increasing, and the town and county were otherwise steadily growing, great difficulty was experienced in the effort to get a satisfactory medium of exchange. 148 HISTORY OF HENDERSON COUNTY, KY. This was the beginning of the period when the old banking system held sway. Paper money of all kinds and denominations began to flood the country, worthless bank-notes, private bills, and other shin-plas- ters, seemed determined to crowd out the specie currency, that had been common in use. Disaster came upon many of the business men, and a want of confidence limited all kinds of transactions in which money played the greater part. During the year, petitions were circu- lated over the counties of the State, praying for banking facilities. Every county wanted a bank, and Henderson, like the rest, was greatly excited over the proposition. As I go along through the years 1817 and '18, the reader will see what was the effect of this financial craze. AUDUBON'S MILL. On the sixteenth day of March John J. Audubon, who had been a resident of Henderson since 1812, and Thomas W. Bakewell, under the firm name of Audubon & Bakewell, made application to Daniel Comfort, William P. Bowen, Wyatt H. Ingram, Fayette Posey and Bennett Marshall, trustees of the Town of Henderson, to lease for the term of ninety-five years, a portion of the river front, for the purpose of locating and erecting a steam sawmill. The Trustees, after mature deliberation, and fully considering the premises, granted to the petitioners the margin of Water Street, beginning at a post two hundred feet from the upper corner of lot No. 4 on the cross street, (Second Street), thence down Water Street two hundred and twenty feet to a post, thence at right angles from each of said posts to the Ohio River, reserving the free and uninterrupted use of the front for navigation and landing of boats, etc., for, and in consideration of the sum of twenty dollars to be paid annually. During the year the mill was built, and is yet standing to-day, perhaps the strongest frame in the city. It is the second or far section of the David Clark factory, now standing on the corner of Water and Second cross streets, and is the oldest building now standing in Henderson. "a GOOD SCHOOL." Henderson, during 1817, enjoyed, as she had done for several years previous, the privileges of a good school. The Trustees of the old Seminary had in their employ one Elisha N. Plumb, of Philadel- phia, a man of fine training and considerable experience as a teacher. In the Seminary building religious services were held on the Sabbath, and all in all the religious and educational interests of the community were well provided for. HISTORY OF HENDERSON COUNTY, KY. 149 The commercial advantages of the town had become more sisnifi- cant, and as a general thing all branches of trade then established were doing at least a. living business. The crops of the county were larger this year, and indeed, had assumed magnificant proportions. The inspection warehouses during this year handled over fifteen hun- dred hogsheads of tobacco, of this number the Henderson house re- ceived three hundred and eighteen hogsheads, and Ingram nnd Posey six hundred and eighty-four. FIRST STEAMBOAT BUILT AT HENDERSON. The first steamboat built in Kentucky, and the fourteenth boat built on the Western waters was the *'Pike," built by J. Prentiss at Henderson. She was a twenty-five ton boat, and built for the trade from Louisville to St. Louis ; afterwards ran in the Red River trade, and was lost on a sawyer in March 1818. This same year Samuel Bowen and John J. Audubon, built a small steamboat, and a short time after her completion, the officer in command ran her out of the Ohio, and Audubon thinking all was not well, followed on in a skiff, but failed to overtake her until his arrival at New Orleans. Here he seized the boat and rather than suffer fur- ther annoyance, sold the craft at a sacrifice. ITEMS OF 1818. The value of real estate in the growing village had considerably increased, and the future promised great things. Audubon and Bake- well had not only built, and were successfully working a large steam grist mill, but in addition had built and were successfully opera- ting a large sawmill. The old-fashioned whip-saw, with its long and tiresome stroke, had now to succumb to the work of machinery, driven by steam. A bank was promised, and before the end of the year was in full blast ; brick yards had been established, and a strong disposi- tion to build, manifested itself among the inhabitants. The house in which Mr. James Graves and family now reside was built by Harris & Tobin. All of the interior wood work, and most of the weather- boarding, which was made of pine, is still intact, and better to-day than that which has been replaced within the last ten years. All of the brick work done at that time was laid in the Flemish bond, a more expensive, and far more substantial mode than is adopted at this time. Brick work done after the Flemish bond system, in after years be- came, it is said, as solid as stone and almost impossible to be torn to pieces. About midway of the same square, between Main and Elm on Clay, or Lower Third Street, Harris & Tobin built and operated, 150 HISTORY OF HENDERSON COUNTY, KY. for years, the first tobacco stemmery known in this section of the country. This old house stood back from the street line and was only torn down when incapacitated by age, and inferiority of design and capacity to successfully compete with larger, and more conveniently located houses. In this house A. B. Barrett, first commenced the tobacco business, and continued there until he was better suited in another house, higher up-town. A BOOM. About this time there was one of those periodical booms, which Henderson has so often experienced, and by which up to this time she has been so little benefitted. Land and town lots — (to use a common expression), went clear out of sight, and wages out of all reason. The people seemingly went wild, and fully ten or fifteen houses were built durins: the vear. This was one of the years, for which the civil history of Kentucky is memorable, by the dreadful monetary derangement which lead to the passage of the relief laws, and gave rise to the most embittered and violent conflict of parties which has ever occurred in Kentucky. The financial affairs of the civilized world were in a painful state of disorder. The long wars of the French revolution had banished gold and silver from circulation as money, and had substituted an inflated paper currencv, by which nominal prices were immensely enhanced- At the return of peace, a restoration of specie payments, and the re- turn of Europe to industrial pursuits, caused a great fall in the nom- inal value of commodities, accompanied by bankruptcy upon an enor- mous scale. In Kentucky the violence of this crisis was enhanced by the charter of forty Independent banks, with an aggregate capital of nearly ten millions of dollars, which were by law permitted to redeem their notes, with the paper of the bank of Kentucky, instead of specie. These banks were chartered at the Session of 1817-18. Every little town and village in Kentucky wanted a bank, and Henderson was among the foremost. On January 26, 1818, an act to establish inde- pendent banks in this Commonwealth was approved. FIRST BANK. Among the number is the following: " A bank, to be denom- inated the Bank of Henderson, in the Town of Hendersqn, with a capital of one hunded and fifty thousand dollars, to be divided into one thousand five hundred shares of one hundred dollars each, un- der the direction of Samuel A. Bowen, James Wilson, James Hillyer, Walter Alves, Nicholas C. Horseley, Leonard Lyne and Wyatt H. Ingram, or a majority of them, for the sale of stock, and continue HISTORY OF HENDERSON COUNTY, KY. 151 open for sixty days, unless the stock is sooner taken up." The sub- scribers, their successors and assigns were made a corporation and body politic in law, and in fact, b^' the name and style of the President, Directors and Company, of the Bank of Henderson, and were au- thorized to continue until the last day of December, 1837. This bank was given plenary, or full banking powers, and directed, as soon as one-fifth of the capital stock was actually received on ac- count of the subscriptions, to give notice in two newspapers, printed in the State, to notify a time and place in the town, giving at least thirty day's notice for proceeding to the choice of a president and eight directors. The Board of Directors were invested with all power usually given officers of such corporations. The bank notes thrown into circulation, were restricted to three times the amount of capital, over and above the moneys then actually deposited in the bank, and in case of excess, the directors shall be individually liable for the same. Under this act, the Bank of Henderson organized, with what amount of paid up capital, it has been impossible to ascertain. Cap- tain Samuel Anderson was elected the first president, and James Hill- yer the first cashier. Monied transactions were pretty heavy in those days, as is evidenced by old notes appearing here and there, in old- time papers, now worthless. The Bank of Henderson commenced business in a two-story log house, which stood on the southeast corner of Main and Second Streets, and at the same time commenced the building of a brick bank- ing house on Main Street. As a great many corporations have foolishly done before, the directors of this bank concluded to furnish all mate- rials, and pay. for all labor by the day, or by the job, as the case might be. Moses Morgan and John Mason were employed to do the wood- work, and Francis Hammill, the brick-work. The lumber was pur. chased from the " Henderson Steam Mill, " operated by John Audu- bon & Co., and the brick manufactured by the company. As a conse- quence of this plan, the house cost a third more than it ought to have cost, and the building committee engaged in a continued dispute with the workmen. Francis Hammill'sbill was disputed, and by agreement, submitted to John Lewis and Charles Peck, brick masons, who after calmly considering and investigating, gave Hammill more than he claimed. Another trouble, was the delay in getting work done. Most of the directors had a hand in the building, yet everyone of them charged liberally for all he or they did. This building, which is now known as the Kerr, Clark & Co. Counting Room, was begun in May, 1818, and completed the latter part of 1819. The following is the estimate made by Lewis and peck, of the number of brick used : 152 HISTORY OF HENDERSON COUNTY, KY. Amount of brick in the Bank House, Henderson : Basement story 32,410 First story 03,570 Second story 43,580 Parapet walls 10,136 Vault 19,800 Shaft of chimney 1,575 171,071 Deduction for chimney 3,000 168,071 " JOHN LEWIS, " CHARLES PECK." Francis Hammill's bill for brick work, which was allowed by the committee of arbitration, was three dollars per thousand for laying in the wall, twelve arches at three dollars each, and one arch at five dollars. This was the arch over the front door. The following is one of Audubon's bills : " To the President and Directors of the Bank of Henderson, to Henderson Steam Mill. Dr To three pieces of scantling. 56 feet, at 4V but for years after, it was referred to as a warning against emmigra' tion hither. This year, the County Court had new bridges built over Canoe Creek, at the Madisonville and Morganfield crossings. 1823. Several new bridges were built this year, and the county levy was reduced from one dollar and twenty-five cents, to sixty-two and a half ^ HISTORY OF HENDERSON COUNTY, KY. 161 cents. Outside of this, nothing of a public nature worthy of notice appears on the records. J 824. The Commissioners returned forty-eight more tithables this year than Last. This was the year of the Walton murder. This murder of Walton was one of the most heartless, cold-bloo*ded and incarnate specimens of human depravity to be found in the records of any county. It has never really been surpassed in savage lands. 1825. The militia was now in its glory, and all able-bodied men were required to turn out to company, batallion and regimental muster. It was a great bore to all but a few ambitious officers and privates. Thomas K. Newman, and John Newman, as field officers of the forty- first regiment, settled with the paymaster January 31, and then a great jollification was had. An act, approved January 3, changed again the time of holding the Circuit Courts. Under this act, the courts were held on the third Monday in March, June, and September, and were directed to sit twelve juridical days, and where there were five Mondays in the month, to sit eighteen days, if the business of the court required it. 1826. The Commissioners of tax reported this year sixteen hundred ^^nd twenty-fou: tithables, and the court levied eighty seven and one half cents, making a total of fourteen hundred and twenty-one dollars. It was reported to the court, that the jail was uncomfortably cold, and out of the abundance of fellow-feeling, James Rouse jailer, was directed to furnish criminals coal, during the day time, and blankets at night. COAL MINING It may be asked where coal was brought from so early as 1826 ; there were no mines at that time. In the early times there were many places on the Ohio River where coal cropped out of the surface of the bank, or decline, between the bluff bank and the water'.« ?.dge. Notably among those locations was the mouth of Sugar Creek, above the water-works. At this point coal was taken out with- out mining or blasting, dumped into boats, and floated down to the town. This mine furnished the town of Henderson up to 1850 with most of the coal used. Dr. Thomas J. Johnson, even between 1850 and 1860, dug coal at Sugar Creek and boated it down to the town, reserving a year's supply to himself, and selling the remainder at a 11 162 HISTORY OF HENDERSON COUNTY, KY. price about equal to the expense of getting out the whole amount. There were wealthy men in those days as there is now — for instance, Leonard H. Lyne, assessed this year sixty-eight slaves, four hundred and fifty-one acres of farming land, and twenty-eight horses. Congress had passed a law appropriating a certain amount to be paid to surviving soldiers of the Revolutionary War. The County Court of Henderson County received a number of declarations of pensions, and ordered them to be certified to the Secretary of War. The following are of record : Wynn Dixon (father of Governor Archibald Dixon), John Martin, William Brown, Thomas Baker, Joel Gibson, William Frazier, Furna Cannon, Peter L. Matthews, John Ramsey, Isham Sellars, General Thomas Posey, Dr. Joseph Savage, Gabriel Green, and Nathaniel Powell. Fourteen of the old patriots, who fought that America might be free, lived their latter days in this county, and were buried beneath its sod. The gallows, upon which was hung the lifeless body of Calvin Sugg, cost the county the great sum of ten dollars. It was built by James Rouse, and the court, thinking perhaps that it might be needed again, passed in sub- stance the following order. ''James Rouse being regarded as a fit person, it is ordered that he be appointed to take care of the gallows." The County Court deemed it necessary to revise the tavern rates heretofore established, and the following is a copy : TAVERN BATES. Dinner, supper and breakfast, each 25 cts Lodging 12% cts Horse per night 50 cts Horse per feed 12>^ cts Foreign spirits, y^ pint 6Ji cts All to be paid in specie. Foreign liquor was just eight times the price of domestic. 1827. The Commissioners of Tax reported for this year fifteen hundred and sixty-four tithables — sixty less than last year — and laid the levy at 75 cents — 12^ cents less than last year. The effect of the panic and hard times had not worn away. Many men had fled the State, taking with them their slaves to avoid the levy of executions for debt. It is a fact that many slave-holders left the State with their slave property for this very purpose, and afterwards, by permission of the County Court, returned again. This, perhaps, may explain the dis- crepancy so noticeable during the years of hard times, as they were known. Political excitement in Kentucky ran high during this year. HISTORY OF HENDERSON COUNTY, KY. 163 Under the law, passed February 23, 1808, free negroes and mulattos were prevented from migrating to Kentucky, unless allowed to do so by a special act. During this y^-ar a number of free negroes came to the State, and by special act were freed and exempted from the pains and penalties of the law of 1808. Frank Hogg, one among the first, if not the first, was granted the right to remain in the Commonwealth, and authorized to hold real estate. From this beginning quite a col- ony of free negroes migrated to the county, and so far as is known, were orderly, well behaved and industrious people. 1828. The Commissioners of Tax reported this year seventeen hundred and thirty tithables, and the levy was fixed at one dollar twelve and a half cents, making a total of nineteen hundred and forty-six dollars and twenty four ( ents. It will be observed that the number of tith- ables reported this year is one hundred and sixty-six greater than last year, and the tax increased thirty-seven and a half cents. 1829. The tithable population reported this year was seventeen hundred — thirty less than last year - and the levy fixed at 68^ cents —forty- four cents less than last year. CHAPTER XVII. MILK SICKNESS — SCHOOL DISTRICTS — THE CHOLERA EPIDEMIC — MIAS- MATIC PONDS METEORIC SHOW^ERS, ETC., ETC. — 1830. >^HE census for 1830 gave Henderson County a population of six ^y thousand six hundred and fifty-nine souls, an increase of nine hundred and forty-five during the preceding ten years. Seventeen hundred and eighty-seven tithables were reported this year, and the levy fixed at what it was in 1828, one dollar twelve and a half cents. MILK SICKNESS. For some years prior to 1830, the milk sickness had made its ap- pearance in Kentucky, but, during this year, it was unusually annoy- ing and frightful in Henderson County. Particularly along the banks of Green River, it did its work undiscovered. Scientists endeavored to discover the true cause of the disease, but all their efforts failed. January 29, the Legislature of Kentucky offered a reward of six hun- dred dollars for the discovery of the cause, and a specific cure, yet no discovery was ever made. It was only with the clearing up of the woods and timbered lands, that the dread disease disappeared. There has been no cases of milk sickness reported in Henderson County for many years. On the twenty-ninth day of January, an act was approved, incor- porating a company under the name and style of the '* Green River Navigation Company," for the purpose of constructing locks, dams, docks, basins, canals, chutes and slopes upon Green River and its tributary streams. The capital stock of the company was fixed at 166 HISTORY OF HENDERSON COUNTY, KY. sixty thousand dollars, divided into shares of twenty-five dollars each. Books for the subscription of stock were directed to be opened on the fourth day of March, and Leonard H. Lyne and James McLain ap- pointed commissioners for Henderson County. The scheme proved an utter failure. Under and by authority of an act of the Legislature, approved January 29, Henderson County was divided and laid off into public school districts. 183L The Commissioners of Tax reported this year, nineteen hundred and sixty-nine tithables, and the county levy was fixed at sixty-two and a half cents, making a total of one thousand two hundred and thirty dollars and sixty-two and a half cents. From this, it will be seen that the tithable increase from the Court of Claims in October, 1830, to the Court of Claims, 1831, was one hundred and eighty-two, the greatest increase for any one year known up to that time. The population in what is now known as the Point, or Scuffle- town District, had so increased, that on the twenty-first day of Decem- ber, an act of the Legislature was approve'd, establishing it as an election precinct, and fixing the voting place at the house of Doak Prewitt. 1832. Nineteen hundred and sixty-nine tithables were reported this year, and the levy fixed at seventy-five cents. The county had now begun to grow rapidly, and everything assumed a more cheerful as- pect, but during the year the cholera brought grief and gloom, and business stagnation in Henderson, as well as many other points in the Ohio River Valley. This epidemic visitation occurred in the month of October, and absolutely paralyzed the whole comniunity. Business was suspended, and the panic complete. Men were seized with the disease while walking in the streets, and were dead in ten hours. The population of Henderson at that time was about seven hundred, and fully ten per cent, of that number died. The physicians stood manfully at their posts, and administered calomel and opium without limit. The practitioners at that time were Drs. Levi Jones, Thomas J. Johnson, Owen Glass, Henry M. Grant and Horace Gaither. Among those who died, were : Rev. Nathan Osgood, Rector St. Pauls Episcopal Church, and J. B. Pollitt, husband of the first wife of Governor Dixon. Mr, Bqtler, father of Harbison Butler, came into the town one day, HISTORY OF HENDERSON COUNTY, KY. 1 167 transacted his business and returned to his home in the country, and before twelve o'clock that night, died of cholera. The negroes suf ferred more, perhaps, than the v^hites. Henderson, at that time, was a victim of " ponds," those frightful generators of misasma, being located all over the place. At the corner of First and Elm Streets, was one covering as much as one acre of ground. In the center of the intersection of Main and Second Streets, was the public well, and this furnished impure water for the greater part of the citizens. Those who drank water from the river bank, escaped the cholera, while those who drank of the well, were to a great extent victims of the disease. This was also the year of the great flood, when the river rose at Cincinnati to the almost incredible height of sixty-two and a half feet above low water mark. THE FLOOD. The youthful city did not feel the visitation of the flood, but the river bottoms suffered immensely. This great rise commenced on the tenth day of February, and continued until the twenty-first of that month, having risen to the extraordinary height fifty-one feet above low water mark at Louisville. Nearly all of the frame and log build- ings near the river, either floated off or turned over and were de- stroyed. The marks made by the Government engineers, for that purpose, at the head of the Canal and foot of the Falls, at Louisville, showed a maximum height at the head, of forty-six feet above low water, and sixty-nine feet above low water at the foot of the Falls. This was by far the greatest rise ever known in the Ohio at that time. A RALROAD CURIOSITY. As an evidence of the progress of the age, it may be noted that during this year upon a circular track, in George Atkinson's Factory, formerly Audubon's Mill, was exhibited a small locomotive made sev- eral years before at Lexington, by Mr. Thomas H. Barlow. To this locomotive was attached a small car, in which many people took their first railroad ride. This miniature engine ran smoothly, and was a great curiositv. A small amount was charged for riding, which the i)eop1e paid most cheerfully. This was the first railroad or railroad engine and car ever seen by but very few, if any, of the citizens of Henderson. 1833. Twenty-one hundred and fifty-two tithables were reported this year, one hundred and eighty-three more than last year, and the levy fixed at 81 ^ cents. The cholera returned to Kentucky this year, 168 HISTORY OF HENDERSON COUNTY, KY. and raged from about May 30 to August, only two months, but with great virulence and deadly effect. Beginning as high up as Maysville, it soon spread through the State, slaying large numbers in town and country. Within nine days after its appearance at Lexington, fifteen hundred persons were prostrated by it, and fifty deaths occurred in some single days. Many places, altogether spared in 1832, were des- olated this year. In Henderson there were but few cases This was the year also of " METEORIC SHOWERS " It was about two o'clock in the morning when the stars began to shoot, and before daylight such an incessant cross-firing of heavenly bodies had not only never been seen, but had never beea heard of. The heavens presented a most gorgeous picture, and yet many of the superstitious believed it to be the beginning of the end, and that soon the trump of Gabriel's horn would announce the coming of " The New Jerusalem." Everybody was up to see it, and closely they scanned the"firmament until the grand display was shut out by the light of day. January 25 an act was approved establishing a precinct in that part of the county known as the " Big Bend " of the Ohio (now known as Walnut Bend), to be called and known as *' Big Bend " Precinct, and the elections to be held at the residence of William B. Cannon. On the second of February the State was divided into thirteen Congressional districts, elections to be held on the first Monday in August. Henderson County, with Christian, Hopkins, Muhlenberg, Butler, Ohio, Daviess and Hancock, formed the Second District. A levy of $500 was made for the purpose of building a poor house, but the project was abandoned, and, in 1836, this amount was placed to the order of the Board of Internal Improvements, to be applied with the additional sum of $1,000, appropriated by the Legislature at their ses- sion of 1835-36, for the improvement of the roads of the county. 1834. Two thousand one hundred and fifteen tithables were reported this year, and the levy fixed at seventy-five cents. By an act of the Legislature the county was divided into five precincts, one at Hender- son, one at Galloways, now Hebardsville, one at Sellers, now Cairo, and Robard's Station, one at Prewitts, now Scufileton in the point, and one at Wm. B. Cannon's, now Walnut Bottom. 1835. Two thousand two hundred and sixty-eight tithables were re- ported this year, and the levy fixed at fifty cents. HISTORY OF HENDERSON COUNTY, KY. 169 Owing to its terrible surroundings, Henderson was yet as un- healthy as a place well could be, and as an evidence of it, the follow- ing incident related to the write^by Dr. H. H. Farmer, is here inserted : " When a boy i" 1835. I was going to Virginia in company with my uncle and grandmother. We were traveling in a carriage, and when near Crab Orchard Springs I was taken suddenlv ill; my uncle wished to stop at some house on the road, but the people learning we were from Henderson, refused to take us m, fearing some dreadful contageous disease. The very name of Henderson seemed to inspire the mountaineers with terror. My disease was slight, however, aud we suffered no serions inconvenience." Henderson in early times suffered more from malarial disease than for many years past. The disease at that time was more severe, but the great cause of its fatality was ignorance on the part of the physicians of its proper treatment. 1836. Two thousand two hundred and sixty-five tithables were reported this year, and the levy fixed at fifty cents. On the twenty-ninth day of February the State was apportioned into thirty-eight Senatorial Districts, Henderson, with Hopkins and Daviess forming the Fifth District. December 23 the election district formerly known as Sel- lars, was changed to William Buttons. 1837. Two thousand two hundred and eighty-nine tithables were re- ported this year, and the levy fixed at seventy-five cents. February 8 an act was approved incorporating the Henderson & Nashville Railroad. The capital stock fixed at fifteen thousand shares, and Wyatt H. Ingram, George Atkinson, James Rouse, John D. Ander- son, George Gayle, and James Alves were appointed Commissioners to open books for the subscription of stock. February 27 the town of Steamport, on Green River, was in- corporated upon the plan formed and laid down by Isaac Harman. The Trustees appointed in the act were Isaac Harman, Owen Thomas, John McElroy, James M. Edwards, and James Thomas. A DIRT TURNPIKE. . On February 23 an act was approved creating a company for the purpose of building a ''dirt turnpike on the Virginia plan,'' from Henderson to Hopkinsville. Wyatt H. Ingram, George Atkinson, Smith Agnew, and John McMullin were appointed Commissioners for the purpose of carrying out the object of the act. The Commis- sioners were authorized to locate toll-gates, but no two gates were to IVO HISTORY OF HENDERSON COUNTY, KY. be nearer together than ten miles. At the next meeting of the Legis- lature the time for opening stock books was extended twelve months, and finally the plan was abandoned entirely. BANK FAILURES. On the nineteenth day of April a financial cricis came. The banks all over the State suspended specie payment, and closed their doors. The full force of this blow was sadly felt, confidence fled, and every- thing before so radiant with the springtime of hope and promise, was changed to the sad autumn lines of a fruitless year. Petitions were sent to the Governor to convene the Legislature in extra session, but this he declined to do ; but, when that body met in regular session, it legalized the suspension of the banks in the State, and refused either to compel them to resume specie payment, or to forfeit their charters. The people of Henderson County suffered, as did the people all over the State. Times were extremely pinching, and not for twelve months was any relief experienced, and that when the banks ventured to re- sume specie payments. AN ISLAND. It was in the low water of 1837 that the tow-head above the city first made any pretentions to being an island. Prior to that time there had been no island there, and since that time it has become the respect- able body of land it now is. This year, William Wurnell, the notorious murderer of Abner Jones, was captured and confined in the county jail. 1838. Two thousand three hundred and seventy-seven tithables were reported this year, and the levy fixed at one dollar and twenty five cents. A glance at this will show, that, in spite of the commercial dif- ficulties of the previous year, the population increased. During this year the county was re-districted, additional school districts being estab- lished. 1839. Two thousand four hundred and ninety tithables were reported this year, and the levy fixed at one dollar twelve and a half cents. The first iron steamer on a western river or lake, the "Valley Forge," passed Henderson in the month of December. October 16, all of the Kentucky banks again suspended specie payment. This was a great year for old, young and middle-aged people, for the greatest of sights, a circus with an elephant, a trick-mule, and a pony, came to town during the summer. Stickney's Great Circus, with Lou. Lippman and Frank Wilmot, and Ricards, the clown, ex- hibited in the Public Square, and every man, woman and child, who could squeeze inside the tent, was there to witness the show. CHAPTER XVIII. SLAVES EMANCIPATED THE HARRISON CAMPAIGN ABINADAB'S LET- TERS — CHARLES DICKENS — RUNAWAY SLAVES — RIVER CLOSED, ETC., ETC. — 1840. SHE official returns for 1840, place the population of Henderson County at nine thousand five hundred and forty-eight, an in- crease, since the census of 1830, of two thousand eight hundred and eighty-nine souls. Of this number, six thousand one hundred and eighty-one were whites, three thousand three hundred and nineteen were slaves, and forty-eight were free blacks. Two thousand five hundred and ninety-five tithables were reported, and the levy fixed at one dollar and fifty cents. During the year 1825, Elizabeth D. Gwatkin, grandmother of Adam and Gwatkin Rankin, died. By her will, thirty-eight negroes became the property of Horatio D. Gwatkin, for the term of fifteen years, and at the expiration of that time, they were to be given their freedom according to law. At the June term of the County Court this year, the thirty-eight slaves were brought into court, their names entered of record, and they given their freedom. A poor old man, who had fought throughout the War for American Independence, be- came a pauper upon the county. John Ramsay and wife were allowed the round sum of fifty dollars for his annual support. In January the voting place, then known as William Sellar's, was changed to Wesley Norman's. February 17, a town called " LaFayette," was incorporated and 172 HISTORY OF HENDERSON COUNTY, KY. established upon the plan of Geo. W. King, proprietor. The trustees of this town were Geo. W. King, Payne Dixon, William P. Grayson, William Y. Nelson and Harbison Butler. The site of " LaFayette " was on the Ohio River above Evansville. This was the year of the " HARRISON CAMPAIGN," Forever memorable in the history of American politics. The hero of " Tippecanoe and Tyler Too," received a handsome majority in Hen- derson County, for President of the United States. During the sum- mer an immense barbecue was given in a grove which was located on the river above Powell Street, and in front of the gas works. This was a beautiful grove, and was a great trysting place for lovers and those sentimentally inclined. " Lovers' Grove," as it was called, suc- cumbed to the lashing waves of the Ohio many years ago. There is not a vestige of it to be seen at this day. The Harrison barbecue was largely attended, and many eminent speakers addressed the mul- titude that day. The ladies were largely interested, and wore white aprons with log cabins painted' and printed upon them. The long tables were decorated with imitation log cabins built of stick candy. This was a gala day in Henderson. 1841. Two thousand six hundred and thirty-one tithables were reported this year, and the county levy fixed at one dollar and fifty cents. It will be remembered, that in 1837, an act was passed by the Legislature, incorporating the " Henderson & Hopkinsville Dirt Turn- pike Company, on the Virginia plan," and appointing commissioners to open stock books. What the Commissioners did is not known, but it is safe to say nothing was done, for, on the twenty-sixth day of Jan- uary, of this year, Lazarus W. Powell and William Sugg, of Hender- son, and John Ruby and William Bradley, of Hopkins, were ap" pointed commissioners to view and mark out a road to Hopkinsville, to be built as other roads were at that time. This the Commissioners did, and from that time to this, there has been an established road between the two places. " ABINADAB'S LETTERS." • In the spring of this year, William R. Abbott, who had displayed considerable newspaper talent, asked, and was granted the right to build a frame printing office on the Public Square in front of, and to the right of the Court House, and immediately across First Street from James McLaughlin's grocery. In this building Mr. Abbott pub- lished the " Columbian," a file of which would this day command a HISTORY OF HENDERSON COUNTY, KY. 173 handsome sum of money. It was during the days of the " Columbian " that the inimitable '' Abinadab " letters made their appearance. They were written in biblical style, and for caustic wit, have never been sur- passed. Each issue of the paper was as anxiously anticipated as though it was known to contain the only reliable information from the seat of some great battle, in which each inhabitant was personally and deeply interested. " Abinadab " was never known, yet he knew every man in the town, and would select six or more each week, to whom he would address himself in most graceful, but cutting English, to the intense delight of every inhabitant. His pen-pictures of men were so perfect, a mistake in placing the victim was impossible. " Abina- dab " was the delight, as well as the terror of the town. A few years afterwards, Mr. Abbott departed this life, and in dis- posing of his effects. Rev. John McCullagh became the purchaser of the printing office, and had it, removed to his lot, where now stands Miss McCullagh's Female Academy. The building was then used as a school house up to about the year 1850, when Mr. McCullagh gave up teaching. This old literary and educational establishment was permitted to remain until a few years ago, when it was torn down. 1842. Two thousand seven hundred and fifty tithables were reported this year, and one dollar thirty-seven and a half cents fixed as the levy. A toting place was established at Steamport. Joshua Mullin and his wife "OLD MRS. MULLIN," of "ginger cake " notoriety, had come to Henderson and opened a small confectionary and eating house on Mill Street (now Second), in a little frame building, which sat above the street near where M. Laucheim's Grocery now stands. They had taken out what is called a tavern license, or more correctly speaking, a liquor license. During the early part of the year, Mr. Mullin applied to the County Court, then in session, for a renewal of his license, but was refused, as the following amusing order entered of record will show. " This day Jo&hua Mullin came in and moved the court to renew his tavern license, there being ten Justices on the bench, a majority of all those in Commission, and mature deliberation being thereupon had, the vote was taken upon said motion, and the result was as follows: Yeas 2, Nays 8, and there- upon the said Mullen silently withdrew from the presence of the court, and with a countenance bitter with anguish and deep indignation, he rushed from the Hall of Justice." 174 HISTORY OF HENDERSON COUNTY, KY. CHARLES DICKENS. In the early part of this year, Charles Dickens, the renowned novelist, then best known as " Boz," and quite a young man, was a passenger on the steamboat *' Fulton," en route from Louisville to St. Louis. The steamer was detained here, takmg freight, and during a great part of the time Mr. Dickens amused himself walking around the town, and viewing the sights, of which there were none more im- portant than the town pump, which stood in the intersection of Main and Second Streets. 1843. Three thousand and forty-six tithables were reported this year, and the county levy fixed at one dollar and twenty-five cents ; of this number fourteen hundred and seventy-three were whites, and fifteen hundred and seventy-three were blacks. The locks and dam on Green River, at Spottsville, were completed this year, and a toll-gate es- tablished. May 9, an act of the Legislature was approved, re-apportioning the State into Congressional districts. Henderson, with Christian, Muhlenburg, Daviess, Ohio, Butler, Hancock, Breckenridge, Grayson, Edmondson, and Mead, became the Tenth District. Several shocks of earthquake were felt this year. 1844. Three thousand and seventy-three tithables were reported this year, and the county levy fixed at seventy-five cents. Of this number fourteen hundred and forty-nine were whites, and sixteen hundred and twenty-four were blacks. Tobacco inspection warehouses were still in vogue, but doing a comparatively small business to what was done many years prior to that time. 1845. Three thousand one hundred and ninety-seven tithables were re- ported this year, and the county levy fixed at fifty-five cents. Of this number fifteen hundred and eighteen were whites, and sixteen hundred and seventy-nine were blacks. On the tenth day of Febru- ary the voting place was changed from Zachariah Galloway's to the house of Geo. M. Priest, in the village of Hebardsville. RUNAWAY SLAVES. In 1843 began, and in 1844-45 was steadily developing the sys- tematic enticing away, or stealing of slaves from Kentucky, and run- ning them off to Canada by a cordon of posts, or relays, which came HISTORY OF HENDERSON COUNTY, KY. 175 to be known as the underground railroad. Few were stolen at first, and occasionally cases of recapture on Ohio soil, and restoration to owners occurred. In several ^ases, Ohio juries, under the just laws enacted to meet the exigencies, gave judgment for damages, to the reasonable value of the slaves rescued, but in no cases were the judg- ments paid. This semblance of justice continued to grow lax, and men, who, at first, were willing to see stolen, or runaway slaves, re- stored, soon became indifferent, and in a few years, themselves en- couraged this growing interference with the property rights of the people of Kentucky. On the sixth day of December the Ohio River was closed by ice, for the first time in ten years, so early as this. It remained closed but four days, breaking up on the tenth. 1846. Three thousand three hundred and thirty-six tithables were re- ported this year, and the county levy fixed at ninety cents. Of this number, fifteen hundred and forty-eight were whites, and seventeen hundred and eighty-eight blacks. An order was passed in the spring, granting to the Trustees of the town of Henderson a ferry license, from the town to the Indiana shore, and James Rouse appointed keeper. February 19, by an act of the Legislature, Henderson, with Christian, Hopkins, and Union, were constituted into the Seventh Judicial District. During the ses- sion of the Legislature a joke was played upon Samuel Allison, the noted humorist, the greatest of all jokers. A bill, changing his name from that of Allison, to that of Samuel Allison Jones, was quietly slipped through both houses, without his knowledge or consent. WAR WITH MEXICO. The struggle with Mexico had now been initiated, and Kentucky had been called upon for her quota of volunteers. However, parties differed as to its justice or policy. The call so struck the popular chord as to enlist thirteen thousand seven hundred volunteers, while the call was for, and only less than five thousand could be accepted. Henderson County responded promptly, but only a few of her volun- teers were accepted. Major Philip Barbour, one of the most distinguished officers of the war, and who was killed while leading his men, at the storming of the breastworks of the City of Monterey, was from this county. This is the year the renowned wag, " Bill Pew," was arrested and confined in the county jail, charged, with others, with the murder of George Robards, on Green River. ^ 176 HISTORY OF HENDERSON COUNTY, KY. 1847. Three thousand four hundred and forty-four tithables were re- ported this year, and the county levy fixed at ninety cents. Of this number fifteen hundred and sixty-one were whites, and eighteen hun- dred and eighty-three were blacks. An act was approved January 12, submitting the question of calling a convention, to revise and amend the second Constitution of Kentucky, which was adopted August 17, 1799. At the August election this act was defeated, in Henderson, but adopted by a large majority in the State. Another great flood occurred in the Ohio during the month of February, and reached a point within nine inches of the line reached in 1832. The chief reason for .this great rise, and almost unprece- dented freshet, was the great rain-fall, the heaviest ever known in Ken- tucky in so short a time. On the nights of the ninth and tenth of December, the smaller Kentucky streams arose with wonderful and alarming rapidity. 1848. Three thousand four hundred and sixty-eight tithables were re- ported this year, and the county levy fixed at ninety cents. Of this number, fifteen hundred and forty-one were whites, nineteen hundred and twenty-one were blacks. It will be observed that for several years the black tithables had gained in number over the whites. On the twenty-ninth day of February the Legislature re-appointed the Sena torial Districts, constituting Henderson and Daviess the Fifth, On the same day an act was approved, changing the voting place from David Sights' to William Sutton's, The discovery of gold in California caused a vast and unparal- leled emigration to the shores of the Pacific, from every quarter of the globe, and Henderson was not behind in sending her quota; quite a company, mounted upon mules, left overland from this place, and, after many trials, succeeded in reaching the Golden Gate. Among the number, were Jas. E. Ricketts, David Hart, David Herndon, Moses Foard, James Lyne and David Lockett. In August the question of call- ing a convention to revise and amend the constitution of the State, was again submitted, and carried in the State by an overwhelming majority. Gov. Archibald Dixon was elected a delegate from this county, and was decidedly one of the most active, energetic and intel- ligent members of that great body. 1849. Three thousand five hundred and twenty-five tithables were re- ported this year, and the county levy fixed at one dollar. Of this HISTORY OF HENDERSON COUNTY, KY. 177 number, fifteen hundred and fifty were whites, and nineteen hundred and seventy-five were blacks. Owing to the increase of^* population in the lower end of the county, an election precinct was established at the residence of Col. Robert Smith, near the Point, or what is now known as Smith's Mills* Walter C. Brown entered into contract with the county to build a bridge over Canoe Creek, at the crossing leading to Morganfield, at and for the price of nineteen hundred dollars. The bridge was built, but a very short time after was discovered to be unsafe. The court appointed B. Brashear, A. OUiver, and Wyatt H. Ingram, commis- sioners, to investigate the structure, and after doing so, they reported it unsafe, and incapable of reconstruction, in its condition. There- upon the county appointed James M. Taylor, William Jones, Addison Posey, and E. F. Randolph, commissioners to build another, and di- reicted suit to be entered against Brown and his securities. After several trials, and much trouble, the suit was compromised, by the county loosing heavily, as is generally the case. 12 CHAPTER XIX. NEW CONSTITUTION INCREASE IN POPULATION SUSPENSION BRIDGES COUNTY POOR HOUSE — HENDERSOM ASSUMES THE CARE OF HER STREETS AND PAUPERS — OHIO RIVER FROZEN FOR FIF- TY-THREE DAYS — FINE CROPS STATE AGRI- CULTURAL MEETING, ETC. 1850. y^HREE thousand six hundred and twenty-six tithables were re- ^^ ported this year, and the county levy fixed at one dollar and fifty cents. Of this number sixteen hundred and thirty-four were whites, and nineteen hundred and ninety-two were blacks. The Convention to revise the Constitution of the State had com- pleted its work, having been in session from the first day of October to December 21, 1849. In March, an act was approved, submitting the question of chang- ing the constitution to the people for their adoption or rejection. May 7, 1850, the new Constitution was adopted by a large popular majority, and on June 3, the convention again assembled and adopted several amendments, and June 11, adjourned after proclaiming the present or third constitution. The great underlying cause of dissatisfaction with the second con- stitution, was the life term of judges, and clerks of courts, justices of the peace, and some other offices, which led to the radical change of making nearly all offices eligible directly by the people. After thirty- three years of experience, it is still an open question with many whether the change in this regard has subserved the public interest or the cause of justice, or improved the public morals. Henderson 180 HISTORY OF HENDERSON COUNTY, KY. County opposed the change. A majority of the most interested busi- ness and most intellio^ent of her citizens voted against the change. The official count for this year gave Henderson County a popu- lation of twelve thousand one hundred and seventy-one souls, an in- crease of two thousand five hundred and twenty-three since the cen- sus of 1840. Of this number seven thousand six hundred and fifty- one were whites, four thousand three hundred and ninety-seven were blacks, and one hundred twenty-three free colored. The cholera appeared again this year, but was by no means so severe as in previous years. The earthquake was an unwelcome visitor again. It came with a single sharp shock, at five minutes past eight o'clock on the evening of April 4. No damage, worse than fright, was done. February 9, the provisions of the Mechanics' Lien Law were made to apply to Henderson, as well as other cities and towns in the State. NEW BRIDGES. During the summer and fall of the year, the first suspension and covered bridges were built by Samuel Caruthers. The bridge over Ca- noe Creek, at the Madisonville crossing, was built at a cost of one thou- sand nine hundred and ninety-two dollars, while the abutments and ap- proaches cost five hundred and forty-nine dollars. The bridge over Canoe Creek, at the Morganfield crossing, cost, all told, three thou- sand nine hundred and fifty dollars. Prior to 1850, the bridges at the main public crossings, had been a continual expense to the county, and no bridges had been built to last longer than five or six years. Very little money has been expended on the bridges built by Mr. Caruthers, and they are in the most excellent condition to this day. 1851. Three thousand seven hundred and ninety-two tithables were ro- ported this year, and the county levy fixed at one dollar and fifty cents. Of this number, sixteen hundred and eighty-three were whites, and two thousand one hundred and nine were blacks. The new con- stitution was now in full force, and also the laws, as far as written. The acts of the Legislature had been revised and amended to con- form to that document. COUNTY OFFICIALS QUALIFIED. At the January term of the County Court, the old Magistrates and other officers retired, and at a special session for the purpose of qualifying all officers elected, under the new constitution and laws, HISTORY OF HENDERSON COUNTY, KY. 181 William Rankin, County Judge ; William i). Allison, County and Cir- cuit Clerk; J. M. Stone, Sheriff; James Rouse, Coroner; D. N. Wal- den, Surveyor; Thomas J. Lockett, Assessor, and L. W. Brown, Jailer, took the oaths required and were qualified. There were six districts in the county, and elections for magistrates and constables having been held, the following appeared and were qualified: Magistrates. — Robert Dixon, John T. Moore, James H. King, James Thomas, Joel E. Gibson, Russell K. Thornberry, Ben. Tal- bott, John F. Grider, William E. Bennett, Isom Johnson, H. L. Chea. ney, William S. Hicks, L. Weaver and Isaac M. Freels— two justices to each district, Constables. — District No. 1, B. F. Martin ; No. 2, Harbert A. Powell ; No, 3, George A. Long; No. 4, Achilles H. Norment ; No. ' 5, Hansford E. Rouse ; No. 6, Joseph Priest. A few weeks after Mr. Priest resigned, and Edward T. Hazelwood was appointed in his stead. Election districts and voting places were established as follows : District No. 1, Gibson's ; No. 2, Corydon ; No. 3, Randolph Ors- burn's ; No. 4, Achilles Norment's ; No. 5, Henderson ; No. 6, Ed. D. Bennett's. Under the old constitution the Magistrates received no pay. Un- der the new, they were allowed two dollars per day, and since 1850, the pay has been increased to three dollars per day for every day they are called to meet. FRUIT KILLED. The spring of 1851 was the coldest and most severe known since 1834. On the first day of May, there was a heavy black frost, destroy- ing all kinds of fruit and many tender trees. Fires and overcoats were indispensible, while the thermometer registered 20° above zero. POWELL and DIXON. In this year the Democratic party, for the first time in many years, succeeded in electing their candidate for Governor. This gentleman was a distinguished son of Henderson County, Lazarus W. Powell. The defeated Whig candidate was also a distinguished resident of Henderson, Archibald Dixon. The excitement in the county was in- tense, of course, but no matter which of the two, the county felt itself honored in his election. March, 1851, the voting place in District No. 6, was changed from E. D. Bennett's to Hebardsville. . An act was approved, dividing the 182 HISTORY OF HENDERSON COUNTY, KY. State into four Appellate Districts, for election of judges of the Court of Appeals. Henderson, with Fulton, Hickman, Ballard, Mc- Cracken, Graves, Calloway, Marshall, Livingston, Crittenden, Union, Hopkins, Caldwell, Trigg, Todd, Logan, Simpson, Warren, Allen, Christi.4n Muhlenburg, Daviess, Ohio, Butler, Edmondson, Hancock, Grayson and Breckenridge, became the Fourth District. An act was approved, creating twelve Judicial Circuits, and Henderson, with Caldwell, Trigg, Christian, Todd, Hopkins and Union, became the Second District. 1852. Three thousand eight hundred an twelve tithables were reported this year, and one dollar and fifty cents fixed as the county levy. Of this number, sixteen hundred and eighty-four were whites, and twen- ty-one hundred and twenty-eight were blacks. A COLD winter. The winter of 1851-52 was a severe cold one. On the night of January 19, the he viest snow known for years covered the earth. The Ohio River closed that night, for the second time during the sea- son, the first instance of the kind within civilized memory. The ther- mometer was below zero all day, and at midnight was reported at 30 degrees below. LOUIS KOSSUTH, the great Hungarian patriot, and his party, passed down the Ohio this year, and hundreds of people of all ages visited the river to get a glimpse of him. unceremonious baptizing. On a Sunday afternoon, during the spring of this year. Old Willis Walker, as he was called, a noted colored Baptist divine, held a bap- tizing at the foot of First Street. The bank, for some distance from the lilufT, inclined but little, in fact, seemed almost on a level with the water. On this sandy plane was congregated a vast concourse of peo- ple, anxious to witness the ordinance performed. While the multitude gathered at the water's edge, and were engaged in singing, the great steamboat, " Eclipse," came up the river, running, perhaps, not ex- ceeding two hundred feet from the shore, and as she passed by, the water was drawn from its rightful line at least ten feet. To this great power of the wonderful steamer, the excited, singing multitide ap- peared oblivious, but followed the water-line, when as quick as thought, the water returned with a great swell, and quicker than thought, an hundred or more were freely baptized up to and above their knees. From this unceremonious ducking, and ruining of their starched Sun- HISTORY OF HENDERSON COUNTY, KY. 183 day clothes, it is unnecessary to say the unfortunate, and those more fortunate, scampered as fast as their pedal extremities would permit. During 1852 the Owensbojo Road crossed Canoe Creek, about one hundred yards on a direct line below where the present bridge is located, and ran from thence over the ground where the railroad round- house is situated, thence in the rear of Tames P. Breckenridge's resi- dence, and thence to Center Street, on the ground now occupied by the residences of L. F. Clore and Thomas Gilligan. At that time Center Street was not opened beyond Adams Street, but all that territory, now so handsomely improved, was a woodland, owned by James Alves, and inclosed by a running plank fence. At Adams Street was a gate, which opened to a roadway leading to his residence on the hill, now owned and occupied by Hon. Jno. Young Brown and Major John J. Reeve. Upon petition of Mr. Alves, and others, an order was passed by the County Court changing this road to the road coming in Third Street, and then the old road was closed up. In 1852 Samuel Caruthers built the present covered bridge over Canoe Creek, and, at the October Court of Claims, moved the court to allow him his contract price, to-wit, sixteen hundred dollars, and here the first objection to the change of road was suggested. The motion of Caruthers was overruled, it being claimed that the bridge was not built at the place lawfully designated and fixed by authority of the court, and that Caruthers knew it. At the same court James Alves and Joel Lambert presented a claim for three hundred and sixty dollars, for abutments, which was also rejected. This unaccountable behavior on the part of the court continued until the April court,' 1854, when the claims were allowed, and a committee appointed to sell the bridge to the Plank Road Company, for the best price they could get, in money or Plank Road stock. At the August court, 1853, Joseph Borum, John G. Holloway, A. B. Barrett, John Funk, and James D. Hatchett, who had united as a company, for the purpose of building a plank road, five miles in length, filed an agreement and subscription in open court, whereupon, Henry J. Eastin, Willie Sugg, and Edmond Robertson, were appointed to view a route ; the committee did so, and their report was received, and the road located. Failing to sell the bridge to the Plank Road Com- pany in 1859, the following order was passed : " For sufficient reasons appearing to the Court, the County releases and transfers to the Plank Road Company, all the interest and claim of the County in and to the bridge over the town fork of Canoe Creek, on condition that the said company keep the said bridge in good repair at its own expense " 184 HISTORY OF HENDERSON COUNTY, KY. 1853. • Three thousand eight hundred and twenty tithables were reported this year, and one dollar and fifty cents was fixed as the county levy. Of this number, sixteen hundred and seventy-eight were whites, and twenty-one hundred and forty two were blacks. This year Fernwood Cemetery was established. The cholera again visited Henderson, and in some localities was distressingly fatal, particularly was this the case along First Street, where the land was low and marshy. 1854. Three thousand nine hundred and forty-eight tithables were re- ported this year, and one dollar and fifty cents was fixed as the county levy. Of this number, seventeen hundred and twenty-seven were whites, and twenty-two hundred and twenty-one were blacks. March 10 an act was approved incorporating the Paducah & Hen- derson Railroad, with L. W. Powell, Grant Green, Joel Lanibert, Al- exander B. Barrett, F. H. Dallam, and C. W. Hutchen, incorporators. It is to be regretted that this road was never " begun, completed, and ended." It did end in nothing being done. The Know Nothing Party had come into existence, and Hender- son County was claimed by that party. The Ohio River was lower in September of this year, than at any time since October, 1838, at which time it was lower than ever before known to the white man. A filibustering expedition against Nicaragua was quietly organized in Kentucky this year, and Henderson furnished her quota of impetuous, misguided youths. Robert Burbank, a brilliant young man, enlisted and died while in that service. COUNTY POOR HOUSE. Up to this time the county paupers were leased out by the year, but in 1853 the County Court became convinced that it was best to purchase and maintain a county poor-house, and in accordance with that conviction, "Ordered that Jas. M. Stone. Geo M. Priest, D. N. Walden, and Joel Lambert, be appointed commissioners to select, and report the most suitable tract of land, and eligible location in the county for a poor house, the said tract to contain not less than one hundred acres, and not exceeding two hun- dred acres." The court not approving of the report of this committee, William §. Hicks, Isom Johnson, and R. K. Thornberry, were appointed to HISTORY OF HENDERSON COUNTY, KY. 185 select a site. In December, 1854, the committee reported, and Charies Elliott's land, containing one hundred and eight acres, lying on the Madisonville Road, eight and a half miles from the city of Henderson, was purchased for fhe sum of two thousand dollars. In the year 1872, it was deemed advisable to sell the Poor House farm, purchased in 1854, and Ben V. Gibson and C. S. Royster were ap- pointed to report upon the propriety of selling, and also to select and report a suitable site, contract for a building of ample size to accom- modate the demand made upon the county, but not to exceed the sum of three thousand dollars. The committee reported a sale of the old farm to John M. Whitledge, for the sum of two thousand three hundred and four dollars and forty cents, and the purchase of B. P. Green, on the road leading from Corydon to Cairo, of eleven acres and ten perches, for three thousand dollars. May 12 the report was adopted, and since that fhne the county Poor House has remained where then located, upon one of the prettiest and most cheerful sites of the county. • 1855. Three thousand eight hundred and thirty tithables were reported this year, and the county levy fixed at one dollar and fifty cents. Of this number, fifteen hundred and fifty-eight were whites, and twenty- two hundred and seventy-two were blacks. CITY AND COUNTY COMPROMISE. Before the levy was made by the Court of Claims, the Mayor of the City of Henderson, Martin S. Hancock, appeared before the court according to law, and satisfied that body, that the city was amply able to care for her own streets and paupers, whereupon, an order was entered of record, releasing the city from the county levy of one dollar and fifty cents, deducting from the list of tithables reported, two hun- dred and ninety-four whites, and two hundred and twenty-six blacks, the estimated number living within the city limits. From this, it will be seen, that the assessed tithable population of the City of Henderson, in 1855, was five hundred and twenty. On the third day of February, the river was closed by ice, and remained closed for eleven days. Political excitement ran high this year, and was intensified by the terrible riot, on August 6, in the city of Louisville, commonly known as " Bloody Monday." 186 HISTORY OF HENDERSON COUNTY, KY. 1856. Three thousand two hundred and thirty tithables were reported this year, and the county levy fixed at one dollar. On the fifteenth day of February, an act was approved, appor- tioning the State into thirteen Judicial Districts. Henderson, with Hopkins, Caldwell, Trigg, Christian, Todd and Muhlenburg, composed the Second District. On the twenty-seventh day of February, the closure of the Ohio River by ice, for the surprising period of fifty-three days, ceased, and the river broke up. Parafifine oil, of great illuminating power, extracted from the can- nel coal found near Cloveiport, Breckenridge County, was first intro- duced this year, and aided, as it was, by the ingenious lamp,* soon superseded the old tallow candle. March 10, an act was approved, directing the Quarterly Courts of Henderson County to be held on the first Monday in January, April, July and October. MUTUAL INSURANCE COMPANY. On the same day, an act was approved, incorporating the Ken- tucky and Henderson Mutual Insurance Company, John G. Holloway, P. H. Hillyer, George M. Priest, Joel Lambert, A. J. Anderson, Peter Semonin, M. S. Hancock and Samuel P. Spalding, incorporators, for the purpose of insuring their respective dwelling houses, stores, shops, other buildings and household furniture, against loss by fire. The company was authorized to insure similar property in other parts of the State. So far as has been ascertained, this company was organ- ized, but never carried the object of the charter of incorporation into effect. During this year steamboats ran only two months, owing to ex- treme low water and ice. January 31, the river closed by ice, and remained closed until Feb- ruary 28, when the first steamboat passed down. Governor L. W. Powell was elected President of the Henderson & Nashville Railroad. This was a year of " ASTRONOMICAL WONDERS." There was a total eclipse of the sun, April 5, and an annual eclipse, September 28. On the twenty-eighth of April and thirteenth of October, there was a partial eclipse of the moon. HISTORY OF HENDERSON COUNTY, KY. 187 April 5, the Henderson, Hopl ble and pleasant. '* At the grounds the display' was fine in every department, and from the first day to the last, nothing of importance occurred to mar the good will among competitors and the people. The display in the implement hall was very fine The floral hall, for which the ladies deserve all the credit, was not only pleasant to the eye, but astonishing to the mind." 188 HISTORY OF HENDERSON COUNTY, KY. Governor Powell delivered a well prepared address. After a full setllement of all indebtedness, the State Board had to their credit, in cash, two thousand four hundred 'and eighty-eight dollars and eighty cents. On the twenty-fourth day of September, the great editor and poet, George D. Prentice, delivered his lecture to an immense audi- ence, at the Presbyterian Church. The river closed again on January 19, and overflowed its banks in the fall. 1858. Three thousand six hundred and thirty-eight tithables were re- ported this year, and the county levy fixed at one dollar and fifty cents. This was a year of Fridays. The year began and ended on Fri- day ; January and October began and ended on Friday ; April and December ended on Friday, and there were fifty-three Fridays in the vear. The month of January was an unheard of wpt month; corn in river pens suffered almost total ruin, in many cases the cob wholly, and the grain partially rottmg, rendering the grain unfit for the com- monest uses. Too much heat and water rendered this year more un- seasonable than any since 1834: January 18, a Henderson letter appeared in the Louisville Courier, from which the following is taken. " Our city is rapidly gaining accessions to its population. Houses, both for dwelling and business, are scarce, not enough to supply the demand. In view of this fact, several of our capitalists have projected, and will build quite a number of stores and residences next spring and summer. Land is high, and the tendency is to still higher prices ; fifty dollars per acre is asked for land lying three, five, and even eight miles from the city. The fact that a large amount of the Henderson iS: Nashville Railroad bonds were recently sold in the city of Ncw York for cash, caused a happy feeling here, and will tend to keep up the present high price of land." The railroad excitement, as is well known, did more than inspire the tenacious land-holder with renewed hope, it ruined the prospects of the town, in the opinion of non-residents. A large majority of the land owners were rejoiced at the increase in the price of their terri- iory per acre, but determined not to risk one cent in the building of the road, therefore Henderson stood still for many years. The great comet, Charles V, was visible in this county during the fall of this year. September 30, the first daily mail Henderson had enjoyed, was established, an overland route to and from Evansville. HISTORY OF HENDERSON COUNTY, KY. 189 In the e'arly fall of this year, Nathaniel D. Terry cabled the Ohio at Evansville, and established and operated the Old Telegraph line successfully. Prior to that time^the wire had crossed on high poles, above Evansville, but was so interfered with by steamboat chimneys, during high water, that the plan was abandoned, and the line sold. October 14, the temperance prodigy, Josephus Cheaney, a native of Henderson, and yet very young, lectured in Henderson. This natural orator, by no means handsome or beautiful, traveled in Europe and over the greater part of the United States, laboring from the rostrum, in the good cause of temperance, and yet, it was said, in his young days, that he possessed a keen relish for liquor straight, and could track a mint julep across the river. Prior to the fall of this year, fashion had induced all of the gentle . sex to deform themselves in matter of dress. Hoops were fashionable, and the more enormous the hoops, the more fashionable the wearer. The nearer the model of a five gallon demijohn a lady could approach, the nearer she succeeded in reaching the climax of disfigurement and the demands of fashion. In those days there was but one hack in Henderson County, so in times of parties and swell occasions, young men, who doubted the policy of having their sweethearts foot it, frequently called into requi- sition the family buggy. Although such a vehicle, in these days, would be amply convenient for three persons, yet, in 1858, when the lady of hoops had seated herself, there was really no room for the gentleman, and he was therefore compelled to submit to circumscribed space, ride the horse, of else content himself with the footman's seat behind. A full dress lady of 1858, seated in one of the Delker Phaeton Company's modern make of buggies, would be a sight suf- ficient to frighten a whole army of timid men. It was a horrid fashion, and thank heavens the French connosseurs, in the fall of that year, gave to the female world a dress more modest and becoming. Since that time, with the exception of what is called trails, female dress has been confined within the bounds of good taste. About that time, the gentlemen wore large-legged pants, so large, that, I venture, if a pair of them were suddenly to make their appearance on the streets, the wearer would be followed by the boys, as though he were a curiosity indeed. In February, an act of the Legislature was approved, extending the term of the Henderson Circuit Court, from twenty-four to thirty-six judicial days. 190 HISTORY OF HENDERSON COUNTY, KY. 1859. Three thousand seven hundred and seventy-three tithables were reported this year, and the county levy fixed at one dollar and fifty cents. At the August County Court, Judge Grant Green on the bench, Isham Cottingham, William E. Bennett, Y. E. Allison, Harbert A. Powell, Hugh Moss, William S. Hicks, and E. T. Hazlewood, justices, answered to their names. Col. John W. Crockett, representing the Mayor and Council of the City of Henderson, moved the court to surrender up to the city a certain lot of ground, which was then under fence, and unlawfully claimed by the county, whereupon the following order was entered : "It is ordered that the Jailer of Henderson County surrender up to the City of Henderson, all that ground now enclosed as a public square, not em- braced in the deed from Samuel Hopkins for Richard Henderson & Company, dated April 1, i8oo, to the county, Book A, page 135, the true boundary to be ascertained by D. N. Walden, and he is directed to return a plat of said sur- vey to this court for record, and to plant stones at the corners." The city agreed to build a good fence, as also to pay for a fill made by James Manion, to be measured and ascertained by Walden. At the October Court Walden reported the fill worth one hundred and twenty-six dollars and fifty-five cents, which the court accepted. W. E. Lambert, a member of the Common Council, then on be- half of the city, presented two accounts against the county, amount- ing to nine hundred and thirty-two dollars, for grading, paving, and graveling in front and opposite the Court House lot, these accounts the court rejected, and refused to levy for their payment. This im- agined bad faith on the part of the city, in asking no more than she was justly entitled to, incensed the high Court of Justices, and the next day the following order, in substance, was adopted : "Ordered, that the order accepting the report of D. N. Walden be set aside, and that the order surrendering a part of the Public Square to the city, be rescinded, and the Jailer directed to hold on to every inch of ground inclosed aroutid Court House Square, from Main to Elm Streets, and he is author- ized to employ counsel, and take all lawful steps and means to retain and de- fend the possession of every part of said inclosed ground." To this sweeping order. Colonel Crockett, on behalf of the city, objected, but this objection was fruitless. This, then of course, was the beginning of a great law suit, which the city gained. The lot of HISTORY OF HENDERSON COUNTY, KY. 191 ground in dispute is now owned and controlled by the city, and is the lot upon which the market house and City Hall stands— a full descrip- tion of the title to this ground ^ill be found in the history of Hen derson. In August, 1859, Professors Marlow, Tremelier and Artis, adver- tised their Female Academy. Political excitement this year, as for many years anterior, ran high. Samuel O. Peyton, Democrat, de- feated General James Jackson, opposition ; as an evidence of the great excitement the newspapers published at that time, the Reporter and Commercial, paid no attention whatever to local news matter. It is a fact that they denied space to important news, for the purpose of pub- lishing long-winded political editorials, personal compliments, and scathing articles against the opposing candidates. This was the year of the great can vass between Josh Bell and Beriah Magoffin. Magoffin was elected, but Henderson voted for Bell. On the thirty-first day of August, Colonel William S. Elam was shot and seriously wounded by one Lewis Leonard. At the trial of Leonard, Colonel Elam, who was a witness, was severely cross-exam- ined by Hal. Barbour, a brilliant young lawyer and nephew, by mar- riage, of F. H. Dallam, a leading lawyer at this bar. Barbour was visiting-Henderson at the time, and volunteered to defend Leonard. In his argument to the jury, Barbour applied the lash to Elam most unmercifully, and from this it was well known that a personal ren- counter would ensue. Both parties were immediately placed under bond by the Judge, but this was not enough to soothe the now out- raged honor of Elam. It was said that a challenge passed, and was accepted, that the time and place was agreed upon, that both parties were determined, but through the interference of Governor Dixon, Messrs Dallam, Hughes, Cissell and others, a better understanding was arrived at, and'finally peace declared. Hon. Grant Green, hav- ing been elected at the August election, Auditor of Public accounts, resigned his office of County Judge, and after a hotly contested elec" tiont Luke W. Trafton was elected to fill out his unexpired term. On the eighth day of October, the celebrated Paragon Morgan, by long odds the handsomest horse ever owned in the county, died from overheat in driving him from Morganfield to Henderson. The Postmaster at Smith's mil'ls, having failed for three successive quar- ters, to make his quarterly report to the Post Office Department at Washington, the office was discontinued until December, when it was 192 HISTORY OF HENDERSON COUNTY, KY. again re-established. On the twenty-eighth day of October, James Tillotson, a great local politician, and noted county man, and for whom one of the precincts of the county was called, and yet bears his name, died. The Spottsville Postmaster resigned his office and re- commended a discontinuance of the same. CHAPTER XX. THE WAR CLOUDS — TROUBLOUS TIMES WITH THE SLAVE PROPERTY — IN- TERESTING STATISTICS — THE GREAT DAY FOR TRAFFICING IN NEGROES — PUBLIC MEETINGS CONCERNING THE WAR — ORGANIZATION OF MILITIA COMPANIES, ETC., ETC., ETC. — 1860. Y^ HE population of Henderson County, by official count, was re- ^^ ported this year, to be fourteen thousand two hundred and sixty-two, an increase of two thousand and ninety-one since the cen- sus of 1850. Of this number, eight thousand four hundred and five were whites, five thousand seven hundred and sixty-seven were slaves, ninety-five free colored, and fourteen hundred and forty-two foreigners. Abraham Lincoln, of Illinois, was this year elected President of the United States, and upon a platform whose cause of difference be- tween the two great sections of the country was irreconcilable. It was evident that a struggle, destined to rend the country in pieces amid carnage, desolation and blood, was now dawning, and would soon re- sult in war more terrible than had ever before been known. Slavery was now to be abolished in toto, or the right to hold slaves settled for- ever. The question had agitated the country for several years, and the election of Mr. Lincoln was taken by the extreme Southern States to mean freedom of the negro. Kentucky lay topographically in the center of the grouping States, in fact she occupied the identical po- litical and social ground between the contending parties, she had held in her earliest settlement between the Northern and Southern tribes of Indians. She was then the "dark and bloody ground," and upon 13 194 HISTORY OF HENDERSON COUNTY, KY. her soil was fought great battles by contending forces from the North and South. Again she was to become the battlefield for the mighty hosts of the North and South, in martial form, a thousand times more terrible and destructive than in early times. How to avert this direful calam- ity, was a question patriots and statesmen labored hard and unceas- ingly to solve. Kentucky declined to secede from the Union, prefer- ring to remain neutral. Her natural and geographical sympathies were with the South, yet there was a sentiment of devotion to the Union, nearly akin to the religious faith, which is born in childhood, and which never falters during the excitement of the longest life, and which at last enables " the cradle to triumph over the grave." At this time Henderson county was strong Union, for the mass of her peo- ple had never reasoned about it. " The suggestion of its dissolution was esteemed akin to blasphemy." Aside from this, the great bulk of her people were better soldiers in peace, than in war, and felt none of those patriotic emotions Vv^hich rush into absolute and uncontrolable impetuosity at the tap of a drum or the shrill sound of a fife. Outside of two hundred or more enthusiastic young men of the county, the others were content with letting alone and being let alone. There seemed to be a greater disposition to make money at this time than ever before, and notwithstanding war was inevitable, and as a culminat- ing consequence slavery would be abolished, very many of the lead- ing planters of the county purchased large numbers of negroes, and extended the magnitude of their crops. Negroes were purchased up to the time of, and even before the first proclamation of Mr. Lincoln, and when all doubt as to the real and true intent of the party in power was settled beyond question, emissaries from the North were cautiously circulating among the negro population, and many bits of Abolition literature had been discovered. There were secret move- ments of the blacks, and evident dissatisfaction. There was hardly a day or night, but one or more of them did not find safe passage to Indiana. Insurrections became talked of, and for a time great un- easiness was manifestly apparent. Patrols and guards were kept along the entire river front, and yet with all these expensive precau- tions, many slaves effected a safe and farewell escape. In the latter part of 1859 a fellow named George A. Boyle, who had lived in Hen- derson for a year or more, and had oftentimes expressed himself in sympathy with Old John Brown, of Harper's Ferry fame, declared that he had a *' big Republican heart," and was suspected and accused of having circulated a large number of abolition pamphlets amongst HISTORY OF HENDERSON COUNTY, KY. 195 the slaves of the city and county. He was watched and detected in holding Republican council with several negroes, and the City Coun- cil, upon learning this fact, voted that he should vacate the town. To this end a committee waited upon the gentleman of Abolition faith, and warned him if he did not depart, and that immediately, he would be furnished a free ride, and a tar suit profusely ornamented with va- rigated feathers. Boyle guided by the advice of the committee, took to his heels, and was never again seen in Henderson. He was a blacksmith by trade. There were many more such men as Boyle, but so secret were their movements, and so carefully and judiciously laid were all their plans, they escaped discovery, and continued to do their work unmolested. In February an act of the Legislature was approved, authorizing the Judge of the County Court to change the boundary or voting places in any precinct. March 2, that portion of the county lying north of Green River, and running from James Jones' lower corner, and then on a straight line to Ben. Allin's lower corner on Green River, was taken from Hen- derson and Added to Daviess County. November of this year, Thomas J. Lockett, who had been com- missioned to take the census of the county, made the following re- port. Population of the county and city, 14,753 ; population of the city, 4,011 ; wealth of the county, $14,594,251 ; wealthiest man in the county, A. B. Barrett, $1,850,000 ; oldest male, James Bell, ninety- three years ; oldest person, '' Milly," property of the estate of Colo- nel Robert Smith, one hundred and five years. December 6, under the military law. William P. Grayson, Colonel of the. Henderson County Militia, divided the county into military districts, and ordered an election to be held in each district on the eighteenth day of December, for the purpose of electing captains and lieutenants. The farce was never carried out. The following advertisement, which to many at this day will sound rather queer, appeared in the " Reporter " for several* issues : " B. W. Lucas advertises that he has and keeps constantly on hand a lot of likely negroes, which he will be pleased to sell at reasonable prices. Mr. Lucas is a gentleman who will do all that he says." About that time, and for some years prior to that time, negro traders made frequent visits to Henderson en route South, and would remain two or three weeks selling, exchanging, or buying negro slaves. 196 HISTORY OF HENDERSON COUNTY, KY. The first day of January of each year, was a great day. Great crowds of men congregated in the town, knowing it to be the day for hiring and selling negroes. A block, or box, was usually placed at the most central point of the principal street, and from this block, or box, negroes — men, women and children — were hired for the ensuing year, or sold outright. Now that those horrid times have past and gone, many men, who at that time dealt in human life, look back and acknowledge the jus- tice of universal freedom. Under the law, a slave could be sold under execution just the same as other property, and oftentimes, husband and wife, mother and child were separated,perhaps never to see each other again. Frequently, for the purpose of settling estates,the unity of a happy family of negroes was entirely broken up by sale. It was not an unfrequent occurrence for mother and father to be sold away down in Dixie, while their chil- dren were purchased by a resident, or some legatee of the estate. It was the universal custom to sell mean or worthless negroes, and most generally they were sent to the far South. Many a sad parting, a dis- tressing separation has been witnessed on the streets of Henderson. Tears have flown, and distressed manifestations and exclamations have been seen and heard, and yet the great mass would pass on as unconcernedly as though it was the braying of so many dumb brutes. Negroes, who were faithful, and were owned by humane masters, were well treated, and as a general thing were as happy as mankind is ever permitted to be, yet there were instances, where the treatment of these people was cruel in the extreme. As a rule, Henderson County slave owners were good masters, and were solicitous for the welfare of their negroes, and while some of the stories told by the people of the North concerning the treatment of this race, bore the semblance of truth ; in the main they were base fabrications, at least so far as those stories concerned Kentucky. November 6, the Presidential election was held. The Nat" ional Democratic party, having split in the Charleston S. C, Conven- tion, the two factions, each presented a candidate for the presidency? Stephen A. Douglas, representing one faction, John C. Breckenridge the other. Seeing this, the Republican party, then but a small factor in National politics, nominated Abraham Lincoln, while the old Whigs, opposition and Know Knothings, presented a candidate in the person of John Bell, of Tennessee. The contest on all sides was a bitter one, and in no county in the South did the excitement par- take of a greater blaze than in Henderson. HISTORY OF HENDERSON COUNTV, KY. .197 The county was stumped by able speakers, and the people thor- oughly aroused to the importance of polling a full vote. The follow- ing is the official vote of the county : Bell. Breckenridge. Douglas. Lincoln. Henderson Precinct 3:^>8 144 103 1 TillotBon rrecinct 98 78 31 Walnut Bottom 100 51 19 HebardsvlUe Precinct : 117 70 2 Woodruff Precinct 57 19 6 i Corytlon Precinct 116 126 48 .3 Point Precinct 20 10 2 846 498 211 5 Showing conclusively, that Henderson was unmistakably a strong op' position county. Mr. Lincoln was elected chief magistrate, and upon the reception of this news, the aspect of affairs became truly alarming. Never in the history of the Nation, did a severance of the ties which bound the States together io one confederated community, ap- pear so inevitable. Of all the dark hours in the history of the Re- public, since the darkest moment in the war of Independance, the darkest cloud yet visible, had cast its shadows athwart the political heavens. The South Carolina Legislature, in session at this time, had taken measures to set up an independent government, and infor- mation from several of the Southern States indicated a determination to withdraw from the Union, and to inaugurate the dismemberment of a confederacy, united by the most hallowed and inspiring recollections, and by a unity and magnificence of interests unparallelled in the his- tory of Nations. The Government trembled under the strain caused by the war now waging between conflicting prejudices, interests and principles. Kentucky, most sensible to these grand and endearing memories, and inseparably involved in those common interests, claimed to be heard ere the torch was applied to the grand old temple, in which she was the oldest christened daughter of the constitution. Yes, Kentucky was deeply interested, for upon her soil, most likely, were the great con- tending forces to measure strong arms, and Henderson County was interested, for she was a border county. The State could not speak until the counties had spoken, and upon this depended the destiny of all. Henderson was among the first to speak. A meeting of the people of the city and county was called to meet at the Court House Saturday night November 10, 1860, circulars were issued, setting forth in strong language the importance of the meeting, and at the hour of meeting, a large and enthusiastic audience had assembled. On motion of F. H. Dallam, Hon. Archi- 198 HISTORY OF HENDERSON COUNTY, KY. bald Dixon was called to the chair, and J. W. Rice, appointed Secre- tary. Governor Dixon, on taking the chair, explained the object of the meeting, and then made an eloquent appeal in favor of the Union. On motion of Mr. Dallam, a committee of five on resolutions was ordered, and the Chairman appointed F. H. Dallam, C. W. Hutchen, Colonel John W. Crockett, Harvey Yeaman and J. Cabell Allen. While the committee was out Hon. B. W. Hanna, of Terre Haute, Indiana, a distinguished lawyer and politician, being loudly called for, came forward and addressed the meeting in a most eloquent speech. Colonel John T. Bunch, Ira Delano and S. B Vance, were called for and responded in speeches of great power. At the close of Mr. Vance's speech the committee came in and made the following report. The resolutions were preceded by a long preamble only a portion of which it is deemed necessary to re^oroduce: "Whereas, It is apparent that certain misguided persons in the South ^vould fain make tlie election of Mr, Lincoln tlie occasion, or pretext, of "pre- cipitating the so-called slave States into secession or revolution, while certain persons in the North would Ian the. liame of discontent in their section, for the same purpose. And, whereas In view of this deplorable state of things, it is eminently right, and indeed indispensible, that the people take at once the management of this all-important and paramount question out of the hands of partisans, politicians, and office-seekers. Therefore, resolved. First. That we do now, and here, proclaim our de- termined love and fealty to the Union as it is. Second. That we do now, and here, on the altar of our country's peace, and for the furtherance of the purposes we hstve indicated, oft'er and yield up all of our heretofore mere personal preferances and prejudices. 'J'hird That in view of the dangers which imperil our common country, a mass meeting of all the citizens of the county, without distinction of party, be called, to l;e held in the Court House, on Saturday, the 17th inst., at 1 o'clock 1* M , tor the purpose of consulting, and forming a suitable organiza- tion, by which to shape and regulate our action hereafter." F. H. Dallam then advocated the passage of the resolutions in[a forcible speech. Col. John W. Crockett addressed the meeting, and then a motion was made, requesting all of the papers in the Stale to copy the proceedings, and the meeting adjourned. The object of the meeting on the 17th, was to get an earnest ex- pression of the views of the people, upon the alarming issue between the triumph of sectionalism, and the threatened secession of the Southern States. The day of meeting came, and with it a multitude from every sec- tion of the county. The spacious court room was packed with citi- HISTORY OF HENDERSON COUNTY, KY. 199 zens, who evinced a solicitude for the welfare of the country, while their manifested anxiety showed that they appreciated the impending danger. Gov. Dixon was again galled to preside over the meeting, and^explained the object of its call in an address of the deepest feeling. Col. John W. Crockett, chairman of the committee appointed on resolutions, made the report, which was for the preservation of the Union at all hazzards. To read the report at this time, one would judge that the people of Henderson and Henderson County were preUy unanimously for the Union, but we find that on the twenty-fifth day of December (Christmas) the Henderson Artillery Organization, formed under the laws of Kentucky, turned out in full force, and fired fifteen rounds for the Southern Co?i_federacy. There was no dam- age done, however, beyond the serious wounding of G. L. Pierman, the gunner, by a premature discharge of the gun, and the upsetting of W. W. Catlin, who was standing near by at the time. At the close of this year the political mercury had risen to blood heat, and early in 1861 it indicated a still greater degree of political warmth. 1861. January 10, in a column and a half editorial, the " Reporter " came out squarely for secession, and in the issue of the 17th, a red hot call was made for a mass meeting to be held at the Court House on Saturday, the 19th, ''to Id Henderson County express her sentiments^ There had been a meeting held in the Court House on the 5th, inst., at which strong Union resolutions were adopted, and this meeting to be held on the 19th, it was understood, was to place Henderson right on the record. The copy of the call will explain itself : '• Whereas, It is beUeved that the meeting at the Court House on the 5, inst.. did not express the sense of the people of this eounty ; many have united in calling a mass meeting of the people irrespective of party, at the Court House on Saturday, the 19th January, at 2 o'clock, p. m., to take into consideration the state of the country , and indicate the course Kentucky should pursue in the present eniergenc3f The resolution offered by Judge Milton Young, at the meeting on the 5th, declares the Union paramount. Let us see if the people of Henderson County are willing to say to their Southern breth- ren, and their Northern enemies, that they are for the Union whether the South is equal under the Constitution or not People of Henderson County, read this bill, and see if you wih not come out on Saturday and rebuke the conduct of the men who have endeavored to place you in such a position."' The foregoing was circulated in every section of the county, and at the appointed time, the Court House was crowded to its capacity. 200 HISTORY OF HENDERSON COUNTY, KY. The meeting was organized by appointing Colonel John W. Crockett Chairman, and Robert T. Glass Secretary. It was soon evident that a great split was to occur ; there were those who wanted to sympathize with the South, and so express it in writing, while the large majority were in favor of standing by the resolutions of the previous meeting. Peace and harmony had withdrawn, and every fellow who could speak, and many more who could not, were yelling at the top of their voices, Mr. Chairman ! Mr. Chairman ! while in this tumultous uproar, and broad field of disorder, an old grey haired patriot entered the crowded auditorium, waiving over his head a large flag, "The Stars and Stripes " — great heavens, what a scene ! it could hardly be pictured : strong men wept like little children, the crowd arose seemingly en- masse, andfairlv rent the buildino^ with screams for the Union. The excitement was beyond control, and not until Governor Dixon, whose magnificent presence electrified all around him, had mounted the ros- trum, and waived his arm, could a composed looker-on, determine whether this wonderous crowd, was a convention of intelligent men, or an asylum of howling lunatics When comparative order had been restored, the flag was taken to the speaker's stand, and the announce- ment made that it had been presented by thirteen patriotic ladies of the city. I'his was the occasion for another outburst. To look upon the sea of humanity that surged within the walls of the Court House, it was but natural that Fancy should assert a temporary reign, and waving her jeweled sceptre, bid one's spirit back to the old Hall of Independence, where the representatives of the people, who writhed under the lash of oppression and the scorpion sting of wrong, were signing the declaration, pledging all, to conquer their oppressors or pour out their crimson life tide on the soil they had sworn to protect. In that throng were all ages — the boy, young and thoughtless ; the young, fired with patriotism and confident of strength, and the sire with the frosts of many winters silvering his aged locks, whose super- annuated frame quivered with a strange strength, whose prescient eye beheld the storm clouds in the Northern and Southern horizons, con- veying with the rapidity of the sweep of*a sirocco. Resolutions were passed, but not the sort of resolutions wanted by those who had been instrumental in calling the convention. The meeting adjourned amid the wildest confusion, and until a late hour in the night, the stars and stripes were" paraded over the town, followed by hundreds of men and boys ; music was in the air, and every man who could speak and had a good word to say for the flag, was serenaded, and called to the front. An unusual crowd gath- HISTORY OF HENDERSON COUNTY, KY. 201 ered in front of Governor Dixon's residence, and after listening to several pieces by the band, the Governor appeared, and for thirty minutes held them spell bound by his matchless eloquence. Late in the night the crowd- dispersed, and in three weeks afterwards, many of them were yelling the loudest for the Southern Confederacy. RESULT OF THE WAR SPIRIT. During the month, the followmg editorial appeared in the Re- porter : " We cannot remember when times were harder than at present, inoney is almost entirely withdrawn from circulation, and we are told is worth an al- most fabulous percenture per month. Real estate can hardly be disposed of at any price. The question is not how much money a man is worth, but how much can he raise. Negroes sold on New Years day at ruinously low figures, and the best of servants hired at prices vastly below the usual standard. Con- fidence cannot be restored in commercial circles until the National difficulties are settled, and the sooner the odious union between North and South is sev- ered the better Capitalists tvill not relax their 2)urse strings before the estab- lishment of the Southern Confederacy, which tve believe ivill be born about the fourth of March next.'' Contrary to the judgment of the "Reporter," money was never more plentiful, nor the wages of mechanics and laboring men so high, as during the war which followed. Expert stemmers of tobacco were known to hire for one hundred and fifty dollars per month, while the most ordinary hand could command seventy-five dollars. On the thirteenth day of January, Old Jack Shingler, one of the pioneers of the county, breathed his last. March 19, a terrible wind storm passed over the city, unroofing many houses. April 15, President Lincoln issued his proclamation, calling for seventy-five thousand militia to suppress the rebellion. A call was made upon Governor Beriah Magoffin for Kentucky's quota. The Governor sent the following dispatch : '• I say, emphatically, that Kentucky will furnish no troops for subduing her sister Southern States." After this the war began in earnest. River towns were seized, and a regular system of searching steamboats established. On the twenty-third day of April a meeting was held at the Court House for the purpose of organizing a Home Guard Company. Hon. 202 HISTORY OF HENDERSON COUNTY, KY. John C. Atkinson presided, and Gawin I. Beatty performed the du- ties of Secretary. A large number enrolled their names, and in a few days a full company was organized and ready for service. An elec- tion of officers was held, and the following names chosen : E. L. Starling, Jr., Captain; First Lieutenant, Charles T. Starling; Second Lieutenant, Harvey Yeaman ; O. S., W. S. Johnson. A few weeks subsequent to this time, to-wit : on the twenty-fourth of June, another company of home guards enlisted, and the following were chosen officers : Jas. H. Holloway, Captain , L. W. Dan- forth. First Lieutenant ; William R. Lancaster, Second Lieutenant, Andy Rowdin, Third Lieutenant. Henderson, during the year, was well supplied with military. In addition to the two companies above named, there was the State Guard Company, organized November 7, 1859. This company was organized in the counting office of Kerr, Clark & Co., and had their first drill in the front room. W. P. Fisher, an old Mexican soldier, and then proprietor of the Hord House, was elected Captain ; E. G. Hall, First Lieutenant ; Leonard H. Lyne, Second Lieutenant, and Robert T. Glass, Third Lieutenant. On the twenty-fourth day of May, Colonel William S. Elam, of the State Militia, mustered the company into the State service. In the fall, Captain Fisher resigned, and the following officers were chosen ; E. G. Hall, Captain ; Robert T. Glass, First Lieutenant ; James H. Holloway, Second Lieutenant, and Samuel W. Rankin, Third Lieutenant. In the winter and spring of 18G0 and 1861, it was evident that war would result upon the inauguration of President Lincoln, and there was a great diversity of opinion among the men of the State Guards as to the right of the General Government, in calling upon the Slate of Kentucky for troops. This defection grew until most of those who held to the belief that the Government had the right, and that it was the duty of the militia to respond promptly, withdrew from the State Guard, as it was called, and enrolled with the " Home Guards " Captain Starling and Lieutenant Holloway among the num- ber. The Legislature of 18(10 and '61, had prescribed a new oath to be taken by the State Guard troops, and this created another breach, many members refusing to take it on account of its loyal tendency. By this time the State Military Board had been remodeled. Men of HISTORY OF HENDERSON COUNTY, KY. 203 a more loyal turn of mind, to Kentucky, at least, if not to the Fed- eral Government, had been appointed, and the General Simon Bolivar Buckner State Guard, as they ^ere called, were generally looked upon with some degree of suspicion concerning their loyalty to Kentucky, therefore the organization of the Home Guards. These soldiers were not greatly admired by the Southern sympathizers, and "Home Guard " was an intentional sarcasm when applied by them, to any member of that command. Early in September an order was received from the Military Board at Frankfort, ordering fifty men of the Henderson Home Guards to Spottsville, for the purpose of guarding the lock and dam at that place. In obedience to that order, Captain Holloway, with a portion of his company and part of Company " A," under command of Lieu- tenant Charles T. Starling, left for the lock, marching overland through the mud and rain, and reaching that place at ten o'clock in the night. A few days afterwards, Captain Holloway was relieved for a shor't time by Captain Starling, with a reinforcement from Company "A." While the Home Guards were at Spottsville, a party of men seized the State Guard arms from the City Armory, consisting of a full compliment of Mississippi rifles and a six-pound canon, and left in the night for the South. A bond had been taken by the State for the safe keeping of these arms and their return, and this sudden proced- ure caused the securities on that bond, together with others, to pur- sue the fleeing captors. The flight was not so rapid as the chase, and as a consequence, the party were overtaken at Mrs. Ruby's, on the Madisonville Road, and persuaded to release the arms and permit their return to Henderson. They were brought back and returned to the armory in the brick store room now the Shelton Hotel, adjoining the house of A. S. Winstead's, on Second Street. The Military Board at Frankfort, soon heard of this, and in a few days thereafter the following resolution and order were received at Spottsville Head- quarters : " Military Board, Frankfort, September 20, 1861. ^'Resolved. That Captain W. P. Fisher, of Henderson County, deliver the arms drawn by him tor his company, consisting of sixty rifles, sword, bayonets, sixty sets of accoutrements, one six pound brass cannon, equipments complete and seven artillery sabers and belts, to Captain E.L. StarHng. Jr., of said county, who is hereby authorized to demand, receive, and receipt for the same, and the Secretary is directed to notify each of said Captains. - P. SWIGERT, Secy." 204 HISTORY OF HENDERSON COUNTY, KY. "Frankfort, September 20, 1861. " Captain E. L. Starling./r.: "You are authorized and directed to demand and receive, from Captain W. P. Fisher, the arms drawn by him for his Company as contained in the foregoirig resolutions of the Board. P. SWIGERT, Secretary." In obedience to this order, Captain Starling proceeded forthwith to Henderson, and made known his orders to Third Lieutenant Sam- uel W. Rankin, the only commissioned officer in the city at the time. Lieutenant Rankin, unhesitatingly turned over the key to the armory, and in a short time, the guns were being packed ready for shipment. This fact soon became known, and among a few of the old State Guards, there was a disposition to rebel. There were a sufficient number of men of Companies A and B. in the city to meet any trouble that might have been brought on, and they were summoned to the armory, and never did men respond more promptly. A guard was placed in the armory, and also in charge of the six pound brass can- non, then under the shed of the stable near the Hancock House. There was a great commotion upon the streets, and to this day the writer believes that the influence of Governors Powell and Dixon, prevented what otherwise might have been a serious affair in the city. While passing down Main Street from the armory to where the can- non was. Captain Starling was halted by a deputy sheriff, (who prior to that time, had been loud mouthed in his denunciation of the Frank- fort order), and notified that he was a prisoner under a warrant issued by Judge L. W. Trafton. The following is a copy of the war- rant : " The Commonwealth of Kentucky, to the Sheriff of Henderson Countij : You are commanded to arrest Captain E. L. Starling, and bring him before the Judge of the Henderson County Court, on the thirtieth day of September, 1861, at the Court House, in the City of Henderson, to show cause why he shall not give security to the County of Henderson, to indemnify said county from loss on account of the State arms, etc, now in possession of said Starling, and which arms, etc. were formerly in possession of a company of State guards in Henderson County, called the ' Hendeison Guards,' and make due return of this writ. " Witness my hand, as Judge of the Henderson County Court, this twenty- fifth day of September, 1861. L. W. TRAFTON, J. H. C. C " A graceful surrender was made to the overjoyed Deputy Sheriff, and a quiet walk with him into the august presence of his honor, the HISTORY OF HENDERSON COUNTY, KY. 205 Judge, who was found in a brick office, located in the Turner block of one-story brick buildings on the east side of Main Street, writing at his table, aided by the flickering light of a tallow candle. " Here's your man," remarked the enraged deputy. . " Well, sir," said he, " It is for you to see that he reports on the thirtieth." ''Well, Judge," said the Captain, "What is it you wish me to do ?" " Well, sir," said he, " You must give security to the county for the arms you have seized, or else go to jail." '* But, if your honor please, I have not seized the arms ; I have received them by order of the State Military Board." " No matter by whose order you have received or taken them, you understand my ultimatum." " Certainly, I do ; but permit me to make one single remark, Judge, and that is this: The arms are in my possession, as an officer and agent of the State, and by au- thority of the highest military power in the State. I intend to hold them without giving bond or going to jail ; furthermore, a few more capers like this on your part, and that of your henchman, whom you denominate Deputy Sheriff, will insure your arrest, and a free passage up the placid Ohio. A word to the wise, etc. With this the Cap- tain walked out, and has never heard from the Judge or deputy con- cerning the warrant from that night. It seems that the canon and its guards were closely watched, for about midnight, while the two guards had stepped away for a moment only, a lick was heard, and in hastily returning, a man was seen to retreat from the cannon ; nothing was thought of it at the time, but upon close examination, it was found that the cannon had been spiked, but, not enough so to damage it, for next morning the piece of file broken off an inch above the touch-hole, was easily pulled out by Mr. V. M, Mayer, soldier and gun-smith. During the night and a part of the next day, the guns and accoutri- ments were all securely boxed up and they, with the cannon, taken to the wharfboat, where they were taken aboard of a steamer and a few hours afterwards safely stored away in Evansville, amidst the wildest excitement and congratulations of the young militia of that place. In addition to the Home Guard and State Guard companies spoken of, there was also a cavalry company of sixty-five men, organ- ized on the twenty-fifth day of August, 1860. The officers of this com- mand were John S. Norris, Captain ; Samuel W. Elam, First Lieuten- ant ; S. S. Hicks, Second Lieutenant; John R. White, Third Lieuten- ant, and George W. White, Orderly Sergeant. 206 HISTORY OF HENDERSON COUNTY, KY. This company was completely equipped with cavalry outfit by the State, consisting" of pistols, sabers, etc. Four clays after the State Board had ordered in the arms of the State Guard company, Captain Starling, yet at Spotlsville, received a second order, directing him to take possession of the arms of the State Guard cavalry company. In obedience to this order he came to Henderson and found the arms stored away in the building now owned by John Reichert, and with the assistance of Captain Norris — who readily consented to surrender them up — and several others, soon had the arms boxed up, and en- route to the wharfboat for shipment to Evansville. This, then, was the end of the two State Guard companies as State organizations. In October, the command at Spottsville, then under Captain Holloway, was relieved by federal soldiers, and then returned to Henderson where they were soon after disbanded. In the sketch of Colonel James H. Holloway's life, will be found a statement showing how companies '' A and B," of the Home Guards, received their arms. The writer regrets that it is not in his power to give a full list of the soldiery at that time, among those remembered as doing faithful service are. Judge P. H. Hillyer, D. N. Walden, W. H. Lewis, W. S. Johnson, Jacob Held, Jr., Charlie Grieks, Harvey Yeaman, Charles T. Starling, John C. Stapp, Fred. Held, Lou. Zeller,Dr. R. A Armis- tead. David P. Lockett. On the second day- of May of this year. Uncle Johnny Upp, one of the pioneers, and who was taken by the Indians opposite this city, marched to Chillicothe, Ohio, and heroically endured the privations and hardships of Indian captivity, departed this life. In the fall. General N. B. Forrest took possession of Hopkinsville, and such a skeedaddling of Union men had never been known up to that time. One hundred and fifty or two hundred of them gave up their homes, and, on foot, began the journey to Henderson, mostly through' the woods and corn-fields of the intervening country. Among that num- ber was general B. H. Bristow, who, in after life, " barely escaped " receiving the Republican nomination for the presidency of this great country. This hungry, hard looking army of Union refugees came into Henderson about five o'clock in the morning, and it has ever been an unsettled question which was the worst frightened — the women HISTORY OF HENDERSON COUNp^, KY. 207 and children of Henderson, or the Hopkinsville braves. Captain Holloway ordered his company out for the purpose of giving them a warm reception, but finding they were refugees, fleeing from, and not seeking a scrimmage^ extended Ifiiem a hearty welcome. They were soon safely and comfortably quartered in the Elam & McClain fac- tory, on. Second Street. A story told by one of the party, will suffice to give an idea of the frightful ordeal the refugees underwent in making the trip from their homes to Henderson. It was a rule the Pilgrims adopted, never to camp at night near the road-side, but to find a place a good ways off, for an exposed position they argued would furnish too much fun for General Forrest, whom they believed had forsaken all else, and was directing his whole attention particu- larly to their capture. Upon' a certain night they had selected the center of a large field of corn in Webster County, in which to camp, and about midnight, when all was quiet, the sentinels gave the alarm that Forrest was ap- proaching. In the shortest possible time, the whole camp was up and fleeing in opposite directions, every fellow for himself, leaving their camp equipage, including extra coats and pants, to the mercy of the enemy. In a short time they were humilated to find that they had surrendered their camp to a flock of sheep, which had found a gap in the division fence, and were rushing pell mell through the dry corn. During the aight they were gathered together again, but it was never known how many were missing. It is an actual fact, said the narrator, " We believed we heard the bugle call, and the rattle of sabers coming down through the corn, when really, it was nothing more than that flock of sheep." Generarjames M. Shackelford, now a citizen of Evans\ille, was in Henderson at the time, perfecting his arrangements looking to the organization of a regiment of Union sol- diers. He and General Bristow effected a union of forces, and next day the refugees were removed to the Indiana side of the river for a greater protection, where military headquarters were then and there estab- lished. On the tenth of October, the command having attained a safe strength, and having been furnished with arms, General Shackelford took possession of the fair grounds, near Henderson, at which place he established a recruiting camp. During this month and the month of November, Ashbyburg, in Webster County, on Green River, was strongly fortified by Shackelford's command, and frequent marches were made through the country, extending at times to Madisonville. 208 HISTORY OF HENDERSON COUNTY, KY. The early part of October, the City of Henderson was occupied by the Thirty-second Indiana Regiment, Federal troops, under command of Colonel Charles Cruft, of Terre Haute, Indiana, and a German battery of six six-pounder brass pieces. V* CHAPTER XXI. NAVIGATION OF THE OHIO PLACED UNDER MILITARY CONTROL— CON- TRABANDING — BATTLE OF FORT DONELSON— JOHN \^^. FOSTER TAKES POSSESSION OF THE TOWN GUN BOATS APPEAR JIM. POOLE KILLED — MEM- ORIES OF THE WAR, ETC. 1862. ON the twenty-fourth day of January the river was higher than it had ever been known since 1847— it stood fifty-seven feet four inches at Cincinnati. January 17, gold was commanding 7 to 8 per cent, premium, and forty days afterwards it had risen to 20. The navigation of the Ohio River, by order of General Buell, was placed under the supervision of the Government. Boats were allowed to land only at certain points specified ; all passengers were required to hold passes from the Federal authorities, and all freight was al- lowed to go forward only under a permit. Contrabanding was carried on to a large extent, but mostly by those who professed loyalty to the government. It was no uncom- mon occurrence any day, to see trains of wagons on the road between Henderson and Clarksville, Tennessee, ladened with groceries, drugs and munitions of war for the Confederated South. Quinine and amunition was smuggled in every way. June 1, General Jerry T Boyle was appointed Military Commandant of Ken- tucky, with headquarters at Louisville, and soon inaugurated a system of military arrests and imprisonment in the military prisons of that city and elsewhere. Many citizens of Henderson and Henderson County were seized for some alleged disloyalty and incarcerated in 14 210 HISTORY OF HENDERSON COUNTY, KY. his dirty prison houses. Fortunately many of the best and leading men of Henderson were ardent supporters of the Union, and enjoyed the confidence of the Government, and, through their influence, military arrests were not so frequent as at other places, nor were the confine- ment days of those arrested prolonged if their union friends could pre- vent it. '* BATTLE YEAR." This was the great battle year, and many men from Henderson had enlisted in both armies. On the fourteenth and fifteenth days of February the desperate battle of Fort Donelson was fought, and in this battle were many from Henderson. There was a full company of Confederates, and, perhaps, as many Federals, from Henderson en- gaged in that conflict. There were two brothers from Henderson, one serving in the ranks of the Confederacy and one in the ranks of the Union, again there were three brothers in the same battle, one in the Confederate and two in the Union army. There were classmates, and former bosom friends arrayed against each other, and this made those wicked days more sad and terrible to comtemplate. Henderson of course was aroused, and on Thursday afternoon, when the great guns of the Confederate water batteries and the mortars on board of the Federal gunboats were engaging each other in a frightful artillery duel, the thundering roar was distinctly heard in this county, though per- haps an hundred miles. away. The intense uneasiness manifested by relatives and friends at home concerning those engaged at Donelson was not relieved until the news of the battle and surrender had been received. Cyrus Steele, of the Twenty-fifth Kentucky Federal, who fought opposite to his brother, Ollie, of the Confederates, was mor- tally wounded and died a short time afterwards. Lieutenant John G. Holloway, Jr., was badly wounded in the hand. 1863. At the meeting of the 1862-63 terms of the General Assembly, an act was approved, apportioning the State into nine Congressional Districts. District No. 2 was composed of Christian, Hopkins, Da- viess, Muhlenburg, Henderson^ McLean, Ohio, Hancock, Breckenridge, Grayson, Butler and Edmondson, JUDGE MILTON YOUNG, One of the noblest men of his day, died of heart disease, on the train, between Louisville and Frankfort, while en route to represent Henderson County in the General Assembly of the State. Hender- son was now occupied by Federal troops, under the command of Colo- nel John W. Foster. The Sixty-fifth Indiana Mounted Infantry, un- HISTORY OF HENDERSON COUNTY, KY. 211 der command of Lieutenant Colonel Thomas Johnson, was stationed in what was then known as Alves's Grove, now one of the prettiest improved portions of the city. This regiment was engaged scouting and campaigning through this an*d adjoining counties, and oftentimes came in contact with the regular Confederates and guerrillas. During its term of service, many Confederate soldiers voluntarily surrendered and took the oath of allegiance, while many more were captured and many killed. Hosts of political prisoners were arrested and confined in the Court House — Foster's military prison. Terms of surrender were made easy, and very many soldiers, and others who were suspected of being soldiers, took advantage of the opportunity to make friends with the Government. Horses were captured and stolen in large numbers and sold on the streets afterwards. Money was reriuired of manv men who surrendered, and there are a number of knowin": ones who char^^e openly, that the Commandant of the Post, Colonel Foster, pocketed the bulk of the proceeds, as perquisites of his office. Colonel Foster was, by no means, popular with those who differed with him politically, yet it was an acknowledged fact, that he was keen-witted in all he un- dertook, and a most excellent executive officer. On the twenty-sixth day of April, Jeptha M. Dodd, former editor of the Reporter, and Postmaster under Buchanan's administration with thirty-four others, was sent to Camp Chase, in Ohio, upon the charge of having been Confederate soldiers. During that time. Colo- nel Foster generally had in his prison from twenty-five to fortv pris- oners all the while, some of whom he would cause to be released when all doubt in his mind was removed, but most generally sent them on for further examination. The prison would hardly be emptied be- fore there were others brought in to take their places.. Foster's negro order. May 20, Foster issued his first order concerning the negro race. It was as follows : ^•* All negroes coming into the district of Western Kentucky from States south of Tennessee, and all negroes who have been employed in the service of rebels in arms, are declared captives of war. It is ordered by the com- manding general that all such negroes in the Counties of Hancock, Daviess, McLean, Henderson, Union, Crittenden, Livingston, Lyon, Caldwell, Webster and Hopkins be collected at Henderson and furnished quarters and subsis- tence. Chaplain James F. St. Clair, Sixty-fifth Regiment, is charged with the execution of this order." In May, orders were issued from the VVar Department, authoriz- ing General Boyle and the Governor to recruit men for the Federal service. The terms offered recruits were exceeding liberal, and as a 212 HISTORY OF HENDERSON COUNTY, KY. consequence, many Kentuckians enlisted. During that month a com- pany of horse thieves passed through the county, claiming to hold au- thority from the Federal Government for pressing horses for service in Gen. Rosencranz' Army. Many horses were taken, and bogus vouchers given. June 18, the following order was issued from Post Headquar. ters : " Merchants and other persons in this city, who shall sell goods 'or commodities of any description whatever, to the amount of ten dol- lars, without obtaining a permit for the same from the Provost Mar- shal, shall forfeit the same and be held under arrest. This order was rigidly enforced, and those who now read it, may judge of the annoyance and vexations merchants in those days had to undergo. Each county was expected to furnish its quota of men for military service, and if they declined to volunteer, then the required number had to be made up by what was known as the draft. July 14, the enrollment of Henderson County was completed by C. M. Pen- nell, and the county divided into two Militia Districts. The divid- ing line commenced at the intersection of Water and Second Streets, ran out to Canoe Creek, thence with that creek to the Knoblick Road, thence with said road to Webster County. The names of the en- rolled were to be placed in a wheel and tickets drawn therefrom, un- til the quota was made up. Whenever a name was drawn, the per- son answering to that name was drafted, and could furnish a substi- tute, escape to Canada or the South, join the army and serve in the hospital, or fight, just as he should elect — but one or the other had to be done. Owensboro was the headquarters of the conscript fathers, or draft officers, and during that time the town was literally overrun with men afflicted in more ways than bad ever been known to the medical pro- fession before, or has ever been known since. Many Henderson County men were drafted, but none ever did service. Some furnished substitutes, while others could not be found. To make a long story short, it was perhaps the most exciting and un- easy time ever witnessed in this section of the State. At the August election this year, Henderson Precinct polled only one hundred and eighty-two votes. The polls were controlled by the soldiery, and most men preferred to relinquish the right of suffrage, rather than submit to the dictates of an insolent, ignorant set of men, who were moved and governed by sharpers of the dominant party. August 30, the remain's of Captain James A. McClain, one of the most gallant and noble young men of the age, who was drowned near HISTORY OF HENDERSON COUNTY, KY. 213 Buffington Island, in the Ohio River, while endeavoring to escape with others of Morgan's command, were received in Henderson and buried. * 1864. This eventful year was ushered in with " the cold Friday," which is still remembered by the inhabitants of the Ohio Valley country. It was said that the first day of January, 1864, made its appearance under conditions identical with those of " cold Friday." The mercury on the afternoon of December, 1863, stood 45°. A snow storm fol- lowed during the night, and -^-radually subsided as the cold wind in- creased, blowing a hurricane from the west, and on the morning of the first of January, the volume of cold had sent the mercury, in the open air, from 45° above zero, to more than 20° below. During this winter, coal sold at twenty-five cents per bushel, and was not abund- ant at that price. In addition to Foster's Regiment, Major Shook and Lieutenant Yarber, with their little cavalry commands, were stationed on Court Hill. This annoyance, to say nothing of the filth, associated with it, induced County Clerk Y. E. Allison, to remove the county records to the second story of the brick adjoining Vogel's confectionary, on the southwest corner of Main and Third Streets. During the summer Colonel Foster converted the Public Square into a horse pound, where he had stables erected sufficient to accommodate several hundred head of horses. August 4, the first negro troops landed at the town. About four o'clock Saturday morning, April 11, an incendiary stole the key to room No. 22, of the Hord House, then the Hancock House, kept by William P. Fisher, and set fire to the bedding in the room. The devouring element commenced its work, and gathered strength in volume as it raged on, until near daybreak, having burned through the floor into room No. 5. Mrs. Hancock, wdio was occupy- ing an adjoining room, came near being suffocated. The fire was dis- covered by Marshal W. W. Catlin, and through the heroic efforts of him and others, the flames were extinguished. During this month negro thieves were numerous, and frequently forced the slaves to the opposite side of the river. " GUNBOATS APPEAR." On the ninth day of April, while the tobacco stemmeries were working a full fo ;ce of colored hands, five gunboats and one trans- port steamer, anchored in front of the city. The colored people were 214 HISTORY OF HENDERSON COUNTY, KY. soon apprised of it, and were fearfully alarmed, lest they were to be pressed into military service and carried away. As a general thing they were averse to going. . Many appealed to their owners and em- ployers, as to what they should do, and were told to do as they pleased. On this advice they scattered, many of them taking to the woods. Hundreds of them were seen stalking rapidly through the hot sun, in the endeavor to avoid being forced away from kind masters and good homes, to imperil their lives for a cause they knew but little of, and cared less. Seeing the gunboats, and knowing of the villainy of one Col- onel Cunningham, in his piratical negro-stealing expedition into Union County onlv a few weeks before, slave owners were forced to the un- pleasant conviction that force was to be used by ihe government to rob and plunder them. I'he commander of the fleet *on landing was informed of ihetfue state of affairs, whereupon he addressed the follo\vin2^ commj.niication to the Mayor of the city : '• U. S Gunboat 'Moose.' Henderson, Ky., June 9 IS64. '' There seems to be a general impression that the gunboats are cruising up and clown the river running off negroes and the like, consequently when a gunboat m;ikes hor appearance, all the citizens aie thrown into a state oT ex- citement and run their negroes back into the country. I would inform the peo- ple that the gunbo.its are on no .such mission, nor will any vessel or officer un- der my command toucli, intcrlere with , or molest the per.sons or property of peace ul citizens in any way whatever. 1 trust, in future, this fear and ex- citement will be dispelled, for I can assure you, that on the part of the navy, you need have no fear of molestation, so long as you remain loyal to the Gov- ermncnt of the United States. L?:R0Y fitch. Lieutenant Commander, Commanding the Tenth District Mississippi Squadron. mayor's RESPONSE. " Henderson, June 9, 18'34. •* Leioy Fitch, Ueutenant Commander, etc: •' Sir — 1 have received yours of this date, and think the assurances it con- tains will have a most happy effect in this community. " Very Respectfully, D. BANKS, Mayor." " REBEL SOLDIERY ENTER THE CITY." The following from the Henderson "News," of June 21, fur- nishes another evidence of the afflictions Henderson was heir to : " On last Saturday night. June 18, about eleven o'clock, a force of twen- ty-five mounted rebels, under command of Captain January, entered the city and proceeded to the store of G, A. Mayer, Son's, and demanded an en- trance. Mr. G. A. Mayer, who resides over the store, knowing resistance to HISTORY OF HENDERSON COUNTY, KY. 215 be useless, sent down the key by his Httle daughter. The rebels then entered the store and appropriated eight shotguns and a lot of spurs, pocket-knives, cartridges, etc. After satisfying themselves with plunder, they went to Khlon- in^^er's grocery and obtained food, liquor, etc , and then departed from the city. During their stay, three of the number proceeded on foot, to the Union House, northeast side.of Second, between Main and Water Streets, and kept by Martin Schneider There was no one in the bar i-oom, save Mr. Schneider, his barkeeper and Colonel Jim. Poole, of the Kentucky Militia Two of the three invaders stationed themselves on each side of Poole and one behind him. Poole was at the bar drinking and laughing. One of the rebels coolly asked him if he was Colonel Jim. Poole, to which he answered, " I am'" Then, sir, said his interrogator, " You are my prisoner." Poole stepped back against the counter, and drawmg his revolver, answered, "I reckon not." Almost immediately three shots we.e fired. Pool's pistol did not explode the first time, and one minute had hardly expired, ere from nine to twelve shots were rap- idly exchano-ed. The three rebels then hastily reti-eated. Poole advancing un- til near the door, when he sunk on one knee. Mr. Schneider ran forward and caught him in his arms, asked: " JhTi., are you killed.?" Poole answered, " I believe so they have got me this time" — and immediately expired. Next morning Coroner John C. Stapp held an inquest." Henderson News, July 12: " On last Wednesday evening, July 6, about 6:30 o'clock, a gang of twenty-one or twenty-two guerrillas invaded the city, and the following is a list of their heroic ' military necessity ' exploits. On inoffensive non-combattants, watches, rings, &c. from Wm. Steele. I300 00 Goods stolen from D. Hart's store - i.S 00 s' " " P Hoffman's store 450 " «' " Bernard Baum's store ,. 1500 " «' " N. Heyman's store 3000 " '* '■ N. Schlesenger's store 28 00 «' " " F. Morris & Co., stoi-e 1500 Total *'407 ."^o "In addition to the above, these delectable warriors went to the packet steamer General Hallock, and the clerk bemg absent, removed the iron safe out of the office into the cabin, and attempted to break it open. The clerk re- turned, and opened it for them, when they secured a roll of greenbacks and made off. A gunboat hove in sight, and the chivalrous jewelry thieves scam- pered away in a hurry. The whole posse forced themselves that n'ght on Mr. John Hicks, seven miles from town, where they behaved in a most dis- graceful manner. "CAPTAIN DICK YATES." "On Saturday July 7, Captain Dick Yates, with a rebel force, paid a visit to the farm of Esq. John E. McCallister, six and one-half miles from the city, and demanded three of his horses, one being a fine favorite stallion. Mr. McCallister declined giving up his property, and seized his double-ban-el shot- gun. Tavo of the party threw themselves upon him in order to wrench the 216 HISTORY OF. HENDERSON COUNTY, KY. gun from liis hands. In the scuffle Mr. McCalHster was thrown violentl , his body striking on the stock of his gun breaking two of his ribs. " They then tied hini in bed where he remained until the arrival of his sis- ter, Mrs Ben Talbott, in the night, when at the peril of her own life, she un- tied the ropes which bound her brother." By this time Henderson County was completely overrun by guer- rilla bands; there were no Federal troops in the county, so of course, they were at liberty to do as they pleased. Over one-half of the dry goods held for sale in the city, were removed to Evansville, or Louis- ville, for safe keeping, and the following firms closed their houses : William S. Holloway & Co., James E Rankin, Morris & Co., H. Schlesinger, A. E. Gerhardt, B. Baum and J. C. Allen. All of the horses of any value were sent to Evansville for safe keeping. Hen- derson, commercially speaking, was as dead as a post, and one could walk six squares during the middle of the day without meeting, and, perhaps, without seeing a human. Of course this condition of affairs did not long exist, and was all brought about by the shooting of Mr. James E. Rankin, by guerrillas, and the subsequent shooting of two vouno[ men sent here froni Louisville — in retaliation. "On Friday, twenty-seventh, the News says : ' Eight guerillas captured the Ovvensboro and Henderson mail carrier at Hebardsville, broke open the mail sack, took what there was of value in it. and then helped themselves to what goods they wanted from the stores of that place. They crossed Green River at Calhoon's Ferrv, and when thr«e miles from Green River, they stop- ped Mr. W. C, Priest and robbed him of twelve dollars. They next plun- dered a grocery store nearby belonging to a Mr. Long. From this point a portion of the gang returned to Curdsville, where they robbed the citizens of two hundred and fifty dollars in money. At FJebardsville they robbed Messrs Trice & Hatchitt of five hundred dollars in greenbacks and a horse worth eighty dollars. On that same day twenty or more o^' another party passed through the lower edge of Henderson.'" On the morning of the twenty-seventh the large flouring and grist mill of Mr. James Hatchitt, near his residence on the Owensboro road, seven or eight miles out, was burned to the ground. There was a considerable amount of wheat in the building, and altogether the loss was estimated at twenty-five thousand dollars. On the same morning a frame cottage residence at the lower end of Main street, and near the Catholic Cemetery, occupied by Major William R. Kin- ney, was set fire to by an incendiary and burned. Thursday, August 4, Major Walker Taylor and Adjutant Chinn, of Colonel Lee Sypert's command, came into the city bearing a flag of truce, which they displayed from the rear end of Clark's factory to the gunboat " Brilliant," then commanded by Captain Charles G. HISTORY OF HENDERSON COUNTY, KY. 217 Perkins, and lying in the Ohio immediately in front of the city. Cap- tain Perkins sent out a boat, and in a short time the two rebel officers were ushered into the Captain^s headquarters. A consultation was held and protracted' until Friday evening, when the two officers, ac- companied by Lieutenant Herron, of the "Brilliant," were ordered by Captain Perkins to report to Lieutenant Commander Fitch, then lying off the Port of Evansville. The true intent of this meeting was not known outside of the immediate circle interested. On Friday evening, about seven o'clock, the whole town was thrown into an intense state of excitement by the arrival and disem- barkation of one hundred and sixty negro soldiers, commanded by white officers. Such a sight had never been witnessed before, and not knowing the object of their visit, or apprehending their approach, every citizen was more or less alarmed- These troops took posses- sion of the Court House. Apprehension of an early attack from the rebels was entertained by every one, and on short notice the ar- chives of both clerks' offices were removed from the building. At ten o'clock next morning all of the drays and wagons of the city were pressed into service to remove the plunder, including picks and shovels, from the Court House, to a high^ and isolated bluff on the river bank, directly in front of the present bridge office, at the inter- section of Water and Fourth Streets. The soldiers were provided with picks and shovels and set to work throwing up earth works and fortifying the bluff against any attack from the rebels. Here they were engaged until the evening when the officer in command received orders from Louisville to evacuate and proceed to Owensboro. The steamer " Echo," coming up, w^as made to land and take aboard this sable command and their picks and shovels. It is due to say, that the officers and men of this command were more pleased with the order removing them, than were the citizens, for it was generally be- lieved that an attack would have been made by a large force that night, and, perhaps, half of the colored troops slaughtered. It was said, and subsequent history affirmed the belief, that Gov- ernor Dixon, Mayor Banks, and Mr. W. B. Woodruff were instru- mental in having these troops removed. So certain was it that an attack was to be made Saturday night, very many of the citizens had left for the country during the day. Judge Y. E. Allison notified the public that he had removed the county records to the " City Bank " building, on Main Street, then standing where Johnson's barber shop is now located. 218 HISTORY OF HENDERSON COUNTY, KY. The steamer " Echo," which came up the river and carried away the colored troops, had on board the following gentlemen, who had been seized by the Federal military as hostages for some Union men who had been captured by the guerillas . Caswell D. Bennett, after- wards Judge of the Court of Common Pleas of this district, and Judge William P. Fowler, Judge of this Judicial Circuit during the war. The regular election for sheriff was held on the first day of Au- gust. The vote of Henderson District amounted to only five hun dred and eighty-five votes, distributed as follows : William G. Nor- ment, one hundred and twelve; Henry C. Kerr, one hundred and eighty-one, and William S. Hicks, two hundred and ninety-two. This was the first fair election held for some time, but nevertheless there was a very small vote polled. About this time the Reporter suspended publication, as a sort of military necessity. On Saturday, the thirteenth, Colonel Adam R. Johnson with his command arrived within three miles of the city, and great fear was entertained lest he would come in and the citizens be the losers thereby, for the gunboat " Brilliant " was lying directly in front, an- chored broadside, with her guns bearing upon the defenseless place. A committee of citizens waited upon Captain Perkins, of the " Bril- liant," to ascertain if it was his design to fire upon the city. Captain Perkins stated that he had no desire to imperil the city by fire, and thereby render houseless the women, children and non-combatants, but that he had imperative orders to fire upon it if it was occupied by rebel troops. The committee then went forthwith to see Colonel Adam R. Johnson, but he was absent from his camp. A communi- cation was left, and on Monday morning the following reply was re- ceived : *' HEADqUARTERS Dep't. SOUTHERN Ky.J August 13, 1864. \ '•To the Citizens of Henderson, Ky.: '* I am just in receipt of a communication to the effect that the Federal commander of the gunboat had notified the citizens of Henderson ' if any ot my men came into Henderson that he would shell the town,' and requesting me not to send any of my command to town. This request I cannot comply with. So long as Henderson remains ungarrisoned I shall send my men into the town whenever I deem the interest of the Government requires it. The shelling by the Federal commander will be uncalled for, unless an attack be HISTORY OF HENDERSON COUNTY, KY. 219 made upon the gunboat. Whenever depredations are committed by men un- der my authority you may rest assured I shall have them severely punished. :«. " Respectfully, A.R.JOHNSON. Colonel Comm'g. C. S. forces Southern Ky. '* P. S. — I do not expect to occupy the place or use it as a garrison. "A. R.J " Colonel Johnson did not come into Henderson, but on that morning sent in a flag of triice, carried by Officer Thomas Watson, of Henderson County, who held a consultation with Captain Perkins and Lieutenant Little, of the " Brilliant,'^ at the Hancock House, in ref- erence to two of the robbers who were with the invading party at the time Mr. James E. Rankin was shot. Colonel Johnson had cap- tured these two men, calling themselves Captain R. Yates and Cap- tain Jones, and now offered to surrender them to the civil authorities. They were subsequently surrendered to D. N. Walden, Sheriff of Henderson County, who took them before Judge C. W. Hutchen, who opened his court to give them a preliminary hearing upon the charge of robbery and also as accessories to the shooting of Mr. Rankin. Captain Perkins, in command of ten marines, came into court and demanded the men in the name of the United States, when Judge Hutchen very good naturedly complied by directing the sheriff to turn them over. The men were then marched to the river in charge of the marines and taken aboard of the gunboat. A few days after- wards Captain Perkins forwarded them to headquarters at Louisville where they were imprisoned and subsequently shot. The News of August 16 said: '■ Our city is nearly depopulated, particularly ot the young men sub- ject to conscription or draft. As for ourself, we intend to remain until the last day of grace, believing that prudent council and patient endeavor can yet save Henderson from the flames," '* Colonel Adam R.Johnson's conscript order was soon to be rigidly enforced, that is, it was so said ; and every man of conscript age who was unwilling to leave his home for the war in either army, was dodging around as best he could to avoid the conscript officers. COLONEL Johnson's proclamation. " Citizens of Kentucky : " The alternative IS now presented to you of entering either the Federal or Confederate army. *' All persons between the ages of seventeen and forty-five, who are not lawfully exempt, will be required to go into service at once. You must now see that after the sacrifice of all that freemen should hold dear, to avoid the 220 HISTORY OF HENDERSON COUNTY, KY. evil and save our property, that tTie one has not been rendered secure, and you have not saved yourself from the other, even by the sacrifice of principle and honor. " Your country has been overrun by lawless bands, whose depredations are only equalled by the outrages of large bands of the Federal army, who neither feel nor have any respect for the submissionists, and you are plundered, robbed and murdered with impunity. How long do you intend this to continue ? To what depth of degradation and shame are you to be reduced before you will cut loose the bond of slavery and assert your rights as freemen ? Men of Kentuckv, are you willing to see your families reduced to the level of your slaves ? Mothers, can you realize an affiliation of your daughters with the African ? Young men, can you expect to have any claim to manhood ? Can you hope to share the smile or claim the love of the bright-eyed daughters of this famed land of beauty, while those gentle beings are subjected to the in suits of Yankee hirelings and negro troops ? If not, then speedily seize the only way to bring you true liberty and honor. Too long have you listened to trte siren song of the traitors of the country. Already too much has been sac- rificed to no advantage. Your only hope ot peace is in the success of the Southern armies. Not alone your liberties, but your lives, are involved in this issue. The moderate Union man, the Democrat of the North, as well as the Southern soldier, wall all owe their lives and liberties to this result. " I appeal to you again, as I did two years ago, to rally and strike a blow for the freedom of your country. •• COLONEL A. R. JOHNSON, "Commanding Confederate forces in Southern Kentucky." The whole country surrounding Henderson was in a tumult of. excitement, and intense anxiety was impressed upon every non-com- batant countenance. On the seventeenth Generals Hughes and Hovey, with six hun- dred of the Thirty-sixth and three hundred of General Willich's bri- gade, all re-enlisted Indiana soldiers, with four twelve-pounders, left Evansville for Union County to intercept the rebel chieftain, and, if possible, to drive him from the country. Arriving at Mt. Vernon, the command was reinforced by a large force of Warrick and Posey County Home Guards, with three more cannon. Most of these troops were finely mounted, many of them on horses, which had been sent to Evansville from Henderson for safe keeping, and, by the by, never returned to their owners. After marching through Union County, this body of wonderful troopers came into Henderson Saturday morning the dirtiest looking set that had been seen, bringing with them a perfect army of cattle which they had " captured,^^ several captured buggies and their drivers, a great many captured teams and their drivers, a number of horses, fifty-seven HISTORY OF HENDERSON COUNTY, KY. 221 negroes^ two rebel prisoners, six or seven citizen prisoners and one wounded Home Guard as relics of the raid. The Generals fixed their headquarters at the Hancock House, while the soldiers took possession, with the cattle and Blher evidences of military ardor, of the public square. A number of these scattered over the city com- mitting petty thefts and otherwise insulting citizens. The horses (many of them owned in Henderson) were quartered at the various livery stables and fed, while the citizens, with their accustomed hos- pitality, invited the tired soldiers to dine at their tables. In the evening all of the soldiery, with the exception of one hundred vete- rans of the Thirty-sixth Indiana, left by steamers for Evansville. Those remaining took possession of the Court House. Next morning they were recalled to Evansville. Previous to their departure, however, Colonel Moon, with sixty corps d'Afrique^ arrived for the purpose of putting down the rebellion, but more especially to recruit the colored men. Moon and his lesser satellites took possession of the bluff on the river bank, which had been partially fortified by a previous company. Colonel Moon re- mained two days, and during the time forwarded to Owensboro one HUNDRED and NINETY-FOUR colorcd Hcndcrson recruits. By this time, Colonel Johnson's conscript program had been defeated, but the county had been relieved of one hundred and twenty-five or fifty thousand dollars worth of slave and other prop- erty. A party of guerrillas went to the residence of C. Sechtig, on the hill in the upper end of the city, and in his absence forced his wife to give up a shot-gun and other weapons offensive and defensive. The gunboat " Brilliant " let drop four or five shells in that im- mediate neighborhood, when the guerrillas retreated in great haste. While all of this military activity was being witnessed and sadly felt in the city, the county was not let alone, but was paying an undue penalty to marauding bands of guerrillas and furnishing its quota of stolen slaves to ruthless, unauthorized recruiting officers and thieves of the Federals. On September 2 a band of fifteen men entered the town of Spottsville and boarded the steamer " Cottage " while she lay in the lock. They plundered the boat and passengers of jew- elry, money and other valuables, and left with an estimated capture of twenty-five hundred dollars. RAID ON THE FARMERS' BANK. On Saturday morning, September 10, at 11 o'clock, twenty-one mounted desperadoes dashed into the City of Henderson and drove 222 HISTORY OF HENDEFSON COUNTY, KY. directly to the Farmers' Bank, then located in the elegant brick now owned by the Presbyterian Church, on the corner of Second and Elm Streets. Ten of the number entered the building with drawn pis- tols and went behind the counter, taking Colonel Leonard H. Lyne, Cashier, completely by surprise. They demanded the funds of the bank, when Colonel Lyne told them they had been removed, but their leader said : " You know your duty — do it," whereupon five of the robbers entered the vault and five remained outside. Colonel Lyne went into the vault with the five, so as to preserve some valuable pa- pers. The robbers soon after came out laden with bags and parcels amounting to eight thousand four hundred and thirty dollars, all being on special deposit except the first item. The following statement is taken from the Henderson News of September 13 : Postal Currency, Property of the Bank $ 277 00 John H. Lambert, gold and paper '. 3,000 00 James T. Norment, greenbacks .• 2,000 00 Larkin White, Kentucky money 1,735 00 John E. M'Callister, greenbacks 600 00 L. R. Kerr, in gold 328 00 Hull Higginson, in gold 300 00 Sol. S. Sizemore, in silver 90 00 M. F. Galloway, greenbacks 200 00 Total $8,430 00 On leaving the Bank they visited various business houses and perpetrated the following robberies : From J. B. Tisserand, dry goods $150 00 *' George L. Dixon, boots, etc 175 00 " F. Millet, dry goods 50 00 " William Wakefield 5 00 *' HancockHouse 10 00 Total. $390 00 Having plundered to their hearts' content, they retired with their ill-gotten gain and the ill will of every citizen. Shortly after their de- parture, squads of men collected on the street, and many of them gave vent to their displeasure, in forcible language. The Court House bell was rung, and rich and poor, large and small, collected in the building, and every man and boy who could find a musket, shot-gun, or pistol, brought them forward. A meeting was organized, by call- ing Hon. Grant Gr^en to the chair, and Prof. Henry B. Parsons to do the duty of Secretary. A committee, consisting of the following •named gentleman, George M. Priest, George L. Dixon, Jesse Robin- HISTORY OF HENDERSON COUNTY, KY. 223 son, C. T. Sanderfur, Rev. Joel Lambert and Jenks W. Williams was ap- pointed to draft resolutions expressive of the feeling of the meeting. The following was reported : "Resolved, That a volunteer fofce be immediately called for, and organ- ized, to follow, for the purpose of kiUing and capturing the band of robbers who were in this citj this day, and that any citizen for that purpose, is directed to sieze and use such horses and arms as may be necessary — the same to be re- turned as soon as practicable, and further, that a meeting for the purpose of forming a "Home Guard" be called to assemble at this place on Monday eve- ning. GEO. M. PRIEST, Chairman." Hearing that the highwaymen were yet lingering on the outskirts of the city, all of the citizens who had arms organized themselves into an impromptu company and marched a mile and a half out, but the marauders were not to be found. The men returned and were dismissed, but reappeared at the Court House at seven o'clock, where a large concourse assembled, and one hundred registered their names in the police force. During the day the Mayor had convened the Common Council in special session, when the following resolution was offered and unanimously adopted by the following vote : Ladd, Jenkins, Held, Tunstall, Hart and Nunn. Whereas, Certain lawless bands having of late made sundry raids upon our city, and this day having fully demonstrated the importance of united ac- tion on the part of the citizens ; therefore, Resol ed. That every able-bodied white male citizen ot Henderson be or- dered and required to report himself in public meeting at the Court House on Monday, September 12, 1864, at four o'clock P. M,, for the purpose of organ- izing ourselves for our mutual protection. That the meeting appoint officers and adopt all such regulations as may be deemed necessary. That the citizens be required to close their business houses at lour o'clock that evening, and that every person refusing or neglecting to report, as above stated, sliall he ordered to leave the city forthwith, under the penalty to be adopted hereafter." In obedience to this resolution of the Council, His Honor, D. Banks, Mayor, caused the following proclamation to be issued and circulated through the city on Saturday afternoon : PROCLAMATION. "In pursuance of a proclamation adopted by the City Council on Satur- day, September 10, 1864, I hereby order every able-bodied white male citizen of Henderson, Ky., capable of bearing arms, to report himselt at the Court House on Monday, September 12, 1864, at four o'clock P. M., for the pur- pose of organizing for the city's protection. I also order the business houses to be closed at the hour of four o'clock on that evening ; and any person here- inbefore mentioned refusing or neglecting to report at the time and place stated above, will be ordered to leave the city forthwith under the penalties to be adopted hereafter. D. BANKS, Mayor." 224 HISTORY OF HENDERSON COUNTY, KY, At the Saturday evening meeting of citizens, the Mayor's pro- clamation was adopted as the unanimous sentiment of the meeting. In order that the object of this meeting might not be misconstrued, President Grant Green addressed the assemblage to the following purport : " Citizens were recjuested to organize simply as a police force for mutual protection of life and property from the repeated inroads of strolling robbers^ It was not asked that they should participate in the unhappy war. We are all civilians and non-combatants in the mighty struggle going on in our beloved land, but we are law-abiding and capable of preserving our lives and our prop- erty from vagrant marauders and strolling bands of irresponsible scoundrels, come from what quarter they may. All citizens, rich and poor, old and young, are interested and invited to arm as best they can so as to be ready hereafter to prevent a recurrence of those black deeds of infamy which had darkened the fair name of Henderson abroad. One sentiment pervades our entire community — murder and robbery of our private citizens will no more be tolerated. ''We solemnly warn armed robbers, whose only incentive is personal gain, whose only patriotism is self, to keep aloof from Henderson, We are resolved to be outraged no more.'' During the enrollment of men, Bernard Bibo, who had been a faithful soldier in the home guard service at the beginning of the war, and who had once more shouldered his gun in the defe'nse of his home, was lying on the green sward in front of the Court House, attempted to draw his gun toward him, when it exploded and emptied a full load of buckshot in the upper part of his arm, necessitating imme- diate amputation. This was performed by Dr. J. A. Hodge, assisted by Dr. Ben Letcher. As an evidence of Bibo's worth and the sym- pathy felt for him, a handsome subscription was made by the citizens and paid him. On Sunday night two companies of negro troops arrived and took possession of the Court House. This then superseded the necessity of any further effort at a citizen organization, and hence the initiatory steps toward that object were for the time laid by. On Sunday morning. Jack Coleman and Dan Byrnes, of Union County, sought out Mr. John B. Millet, of this city, who was visiting St. Vincent Chapel in Union County, and refunded to him what had been given to them as their share of the bank robbery, $225.75 each, expressing at the same time, their deep contrition for the robbery, and stated that they had no intention when entering Henderson, to engage in any such dirty business. On Monday morning a portion of this clan returned to the outskirts of the city and relieved C. A. Rudy of a very fine horse. On the twenty-fourth day of September, one HISTORY OF HENDERSON COUNTY, KY. 225 hundred negro soldiers were sent to Corydon on a recruiting expedition, when returning were attacked by twenty rebels in ambush, and strange to say, very little, if any damage was done. Arriving at the cross-roads, or what -is now known as Geneva, one of the soldiers was discovered to be suffering with what was determined to be the small- pox, and left at a house near that place. The next day, or perhaps a few hours after their departure for Henderson, a party of rebels appeared upon the ground, secured the small-pox patient, and without the services of a clergyman, took him to the neighboring woods and there hung him. The sequel to this will be told in the after part of this brief history of the war. On Friday night three hundred rebels, under Major Sims and Captains Jones and Duvall, camped upon the farm of Ex-Sheriff, William S. Hicks, six miles out on the Knoblick Road, and the next morning one hundred and twenty-five of them came into Henderson. Dinner was prepared for them by order of the Commander in Charge at the Hancock House, which they ate while sitting in their saddles. Captain Jones ordered a few blankets from William Holloway & Co., but before they could pay for them, the gunboat, "Moose," hove to in front of the city, and the command fled to the woods. Commander Fitch sent a half dozen or more shells in the direction they went, but without unhorsing a man. October 25, Captain O. B. Steele had one, Hawkins, shot for robbing a Mr. Hicks near Corydon. On Sunday morning, November 6, a party of rebels under the command of Jake Bennett, came into the city and fired a few shots at the negro soldiers who were on parade below and in front of the Hancock House. Dr. J. A. Hodge was met by one of this gang and relieved of a very fine watch. Since this gigantic and most unfortunate military struggle was first commenced, the citizens of Henderson, Union and Webster Counties had especially been made to feel the iron hoof of war upon their property and persons. It would fill a large volume printed in small type to tell of all the confiscations, pressings, military necessity, secret thefts, audacious robberies, and indiscriminate plunderings which were carried on in these counties during the dark and gloomy years of war. Both sides treated horses, saddles, arms and food from the beginning as public property. 15 / CHAPTER XXII COLONEL GLENN AND HIS COLORED TROOPS —A DANCE AND DISGRACE- FUL PROCEDURE — HAM G. WILLIAMS ARRESTED — RESULTS OF THE WAR AT ITS CLOSE— 1865. SATURDAY, January 15, Captain Sam Allen, of the Kentucky State troops, encountered a squad of Major Walker Taylor's men a few miles from the city, killing two of the Piper boys and cap- turing another soldier by the name of Brown. Colonel Glenn, who was recruiting colored troops in the country, accompanied a Louisville police detective to the residence of Mr. Samuel Williams, three miles out in the country, where they arrested Ham G. Williams. This arrest comes among the interesting inci- dents in life. The Louisville detective had for a lona: time been in search of a character who had committed a crime in New York, for which he was wanted. A photograph likeness of him was secured, and with this likeness the detectives set to work to effect his capture. Ham Williams was somewhere seen by one of these secret service men and shadowed until located at his home in this county. It is said the picture was a correct likeness of him, and hence his arrest. The young man was brought to the city and in a short while released, because he had never even visited the State in which the crime was committed. He was amused at his arrest, while the detective was disgusted at the wonderful similarity of faces of men born and reared so many miles apart. A DISGRACEFUL PROCEDURE. On the evening of January 24, the young men of Henderson gave a charming dance in the dining room of the Hancock House, 228 HISTORY OF HENDERSON COUNTY, KY. About twelve o'clock, when all who could were engaged in the beauti- ful turns of the waltz, the roar of musketry and the boom of cannon were heard coming from the direction of Court Hill. Soon after, bullets were whistling over the roof of the hotel, while others penetrated its walls and windows. This so alarmed the dancers that many of them, in fact all who could, congregated on the back porch seeking shelter behind the walls of the house. Some of the more gallant of the men rushed to the front to discover the cause, but soon rushed back to escape the flying bullets. This firing was kept up for ten minutes or more, when it ceased, and then it was told around that guerrillas were in the city, but the truth was, the young men had refused to invite Col. John Glenn and his Captains and Lieutenants, commanding the negro troops, then quartered in the Court House and on the hill. This disgraceful proceeding on the part of the soldiery so enraged the union men of the town, that Col. Glenn's subsequent residence in Henderson was anything but pleasant to him. During the attack on the hotel no one was injured but Glenn, he was shot in the neck, after ten or more attacks upon the bar room, and fell gloriously shout- ing with his martial cloak around him. Jt was no uncommon thing during those trying times for a citizen to be awakened in the dead howr of the night by bullets whistling through their windows, breaking glass and tearing plastering in their reckless course. No citizen felt safe either upon the streets after twilight or in his residence. As a general thing, a more unmitigated unscrupulous set of ruffians and uncultured scamps were never known to disgrace a Federal uniform. On the seventh day of February a great number of country gentlemen came to town, some on business and some to hear the news. During the forenoon this same Col. Glenn, under the pretense of driving off a band of guerillas of whom he claimed to have knowledge, ostensibly for the purpose of driving the colored men off of several adjoining farms into his camp, sent out a company of soldiers and pressed every horse to be found in the town. In a very short time afterwards the streets were filled with soldiers galloping here and there on citizens' horses, cursing and threatening at a most furious rate. On the ninth day of February Captain Ollie Steele came to the fair grounds with thirty men, and was pursued by Captain Sam Allen, of the State troops, a few hundred yards below where the greater part of his men laid in ambush waiting for Allen to pass by. Below this place they had built a fence across the road where Allen was forced to halt, then taking him in the rear, they held him at a serious discount, and before he could extricate himself, Steele's men had captured seven of his HISTORY OF HENDERSON COUNTY, KY. 229 men, and had the others fleeing in every possible direction. February 28, an act of the Legislature was approved, authorizing the County Court to employ fifty men as a poJice patrol and guard, for protection against guerrillas and outlaws, and to levy an ad valorum tax for their payment. If this law was complied with the records fail to show it. March 1, a new majesterial and voting precinct was established, to-wit : '• That all that part of Henderson County embraced within the following boundary, viz: Beginning at the White Lick on Highland Creek, thence down the said creek to the bridge near Todisman farm, thence on a straight line to the Beaver Dam bridcre on the Madisonville and Mt. Vernon Road, thence on a straight line to Mrs Sarah Brooks', including her farm, thence east to the line of the Henderson & Nashville Railroad, thence with the said railroad to the line between Henderson and Webster Counties, and thence to the beginning, be and the same is laid off and constituted a district for the election of Magistrates, and a voting precinct. The voting place to be at Mrs. P. C. Sutton's, and the election to be held May following, for two Magistrates and one Constable. " On the second day of March, a portable engine engaged in driv- ing a saw mill upon the farm of Governor Archibald Dixon, two and one-half miles above the city, exploded its boiler, killing Alex. Dor" sett and a negro boy, throwing Joseph C. Dixon with great violence some twenty-live yards, scalding his face, and badly scalding and otherwise injuring and wounding Robert A. Alves. March 3, Elder William Steele's residence was enter-^.d under the the pretense of looking for Captain O. B. Steele, and robbed of every valuable to be found in it by Captain Partridge, a military incompe- tent, and a company of negro soldiers of Col. Glenn's regiment. During this month an act was passed by the Legislature and approved by the Governor, incorporating the *' Henderson Petroleum, Mining and Manufacturing Company," composed of Richard Stites, William A. Hopkins, Charles F. Hopkins, James B. Lyne and James H. Hoi" loway, with power to open salt and oil wells, and coal, iron and other mineral mines in the counties of Henderson, Webster and Union, and any other parts of the State where they might acquire territory. If this company ever struck oil, they have steadfastly kept that greasy fact a secret. At this time the oil craze had absolutely seized the State, numerous borings were started in Henderson and Union, and so far as is now known a S7nell was secured once or twice, but never enough oil to grease the spindles of a bicycle. A BRUTAL OUTRAGE. On Sunday afternoon, March 12, one of the most willful and horrible murders ever perpetrated in the State was the shooting of 230 HISTORY OF HENDERSON COUNTY, KY. John N. Wathan by a squad of Colonel Glenn's negro troops. A few days prior to the shooting, Martin L. Daley, a loyal citizen of Union County, the home of Wathan, was requested by him to come to Hen- derson and ascertain if he would be allowed to take the oath and re- nounce his allegiance to the Confederacy. Mr. Daley visited Henderson, as requested, and called upon Major Shook, Post Commandant, Thomas F. Cheaney, Military Pro- vost Marshal, being confined to his bed at the time. Major Shook gave Mr. Daley a safe passport for Wathan and agreed to meet him on Sunday, the twelfth instant. In accordance with this safe pass- port, the citizen and soldier came to Henderson the twelfth, accom- panied by William H. Wathan, a brother of the soldier, who wished to surrender and take the oath. They called, as agreed, upon Major Shook, who sent an escort with them to the residence of Provost Marshal Cheaney. After hearing the case, Mr. Cheaney administered the oath to Wathan and gave him a printed safe conduct, with his sisfuature attached. This was about four o'clock in the afternoon. The three then returned to the hotel to prepare for their return to Union County. About six o'clock the two Wathans and Daley started, and while riding along the road near the residence of Hon. H. F. Turner, in the lower end of the cit}^, were ha.lted by a squad of Colonel Glenn's negro troops, coming down the road in a sweeping double quick. The three men halted and waited the ap- proach of the troops. Upon coming up they immediately ordered the two Wathans to dismount, which they did. Then they took Wil- liam Wathan aside to shoot him, when one of the negroes announced that he was not the man. They then stood John N. Wathan in the road, about ten paces off, and notwithstanding he exhibited his safe conduct from the Provost Marshal, at the command of one of the negroes, several shots were tired at him, and strange to say he was unscathed. He then turned and ran in the direction of the river. Daley ran his horse alongside of the doomed man, endeavoring to protect him, while William Wathan ran in the opposite direction. Wa- than attempted to mount Daley's horse, but failed, so closely was he pursued by the fiends in Federal uniforms. Finding that he was soon to be overtaken, he ran around Daley's horse toward a fence, but before he could mount it, the devils had surrounded him, when one of them approach(|d and felled him to the ground with the butt of his gun. After falling, a volley was fired into his body, and the poor, unfortunate man lay a mangled, gasping spectacle before his murderers. One of the men then ran up to Daley and fired at his 1 HISTORV OF HENDERSON COUNTY, KY. 231 head, but, missing him, broke the stock of his gun on the hip of the horse Daley escaped and returned to the Hancock House. This villainous procedure, pgrpetrated on the Sabbath, rekindled the outraged feelings of the populace, and Colonel Glenn and his understrappers were severely criticised. It will be remembered that in a previous part of this chapter, mention has been made of the hanging of a negro, left with the small- pox by Glenn's troops, at the cross-roads, on their return from a raid to Corydon The negroes who did this foul deed, claimed that they knew Wathan, and that he was one of the men engaged in that hang- in- and for that they took revenge. Of this, however, the truth was never known. Colonel Glenn promised to hold a rigid investigation, but this one, like all of his other promises, went by default. The body of voun^ Wathan was brought to the city, where it was neatly coffined and next dav taken by his friends to his home in Union County. It was said that his mother (Mrs. Nettie Wathen) became, for a tmie at least, deranged from grief. The citizens of Henderson had borne under the outrages of the Federal brute, who commanded the negro soldiers, just as long as thev could afford, and something had to be done. He was a drunken outiaw, and not the equal of a man of his command. No one re- spected him, and nothing less than an honest desire to keep the peace and submit to the authority of the Government, even though it be Administered bv drunken tyrants, kept them from admmistenng to him the same dose his cowardly soldiers gave to poor Wathan. A short time orior to this last outrage, General Eli H. Murray, a Kentuckian, a most gallant officer and cultured man, had been as- signed to the command of this Department, with headquarters at Russellville. The writer, who had been associated with General Murray in the earlv part of the war, took upon himself the task of writing that distinguished commander k full and detailed account of the course of Glenn and his men, and begging that he make a short visit to Henderson and investigate for himself. In answer to that letter, General Murray reported in person at the writer's house on Sunday morning, March 19. After bathing and chancin- his dress, he went to the Hancock House, registered his name, and established temporary headquarters in one of the rooms in the frame part of the building. During the day he was visited in the parlor by very many citizens, including Governor Dixon, W. B. 232 HISTORY OF HENDERSON COUNTY, KY. Woodruff, Ben Harrison, D. Banks and W. S. Holloway, all of whom .had but one and the same story to tell. The General evidenced con- siderable chagrin towards Glenn and his captains, and was not mealy mouthed in so stating to his visitors. He repaired to his room, don- ned his uniform, and sent for Glenn to report immediately. The meeting between the two will long be remembered, for the excoriation that Glenn received from his superior was withering in the extreme. The cowardly poltroon was never so humble, and when disrobed of the paraphernalia of office, he became an object of pity. He stood in one corner of the room trembling in his glossy-legged boots, drawn over his pants, his belt, sash, sword and side arms taken from him, the very picture of guilt and infamy, in durance vile. General Murray's words pierced him through and through, and when told that he would be sent to Louisville a prisoner to be there tried by Court Martial, his wicked heart seemed to sink within him. Nor was Captain Wright, at whose instance poor Wathan had been murdered, treated with any more leniency. Both men were sent away to Louisville, Wright in chains. One, the Colonel, was dis- missed from the service, while the other would have been hung had he not made his escape fr^om custody. The regiment was ordered to leave the city and go in camp at the Fair Grounds, and the officers notified what was expected of them. A short time after General Murray's return to Russellville, and at his instance, the whole command was ordered out of Henderson County, to the delight of every citizen, Union or otherwise. On April 7, Captain B. Watson, of Major Shook's Kentucky command, attacked Jake Bennett's guerrillas, said to have outnum- bered him three to one, at King's Mills, wounding three horses, one man, and capturing a Lieutenant Hickerson, who, it was said, was with the squad that murdered Mr. Rankin. On the ninth day of April, General Robert E. Lee surrendered his army in Virginia, and then pardons were wanted by the wagon load. A great many Confederates came in voluntarily and surren- dered, among the number. Captain O. B. Steele, and many of his men. On Saturday, April 16, the news of the assassination of Presi. dent Lincoln was received, and thereupon Mayor Banks issued his proclamation, directing all stores to be closea from ten o'clock, for the remainder of the day, and at ten o'clock for all of the bells of the city to be tolled, in respect to the memory of the departed Presi- HISTORY OF HENDERSON COUNTY, KY. 233 dent. Many merchants, although strongly opposed to Mr. Lincoln politically, draped their store fronts in mourning. Colonel William P. Gravsen, who had been captured and put under bond of twenty thousand dollars, was re-arrested for an alleged violation of his parole, and suit instituted on his bond. The following Confederate soldiers had come in and reported to Major Shook and Provost Marshal Cheaney, for surrender and pa- role : George Green, John W. Arnett, John W. Frazier. Edward G. Powell, William Young Watson, John A. Gaines, James M. Lewis, Mitchell D. Denton, John H. French, Orlando F. Walker, John D. Gobin, George H. Rankin, Paul J. Marrs, William Lockett, Jr., J. A. Denton, G. B. Spencer, John R. Dixon, Pressly Prilchett, A. H. Po- sey, George Gibson, George Robertson, David L. Boswell, Ambrose McBride, Horace McBride, Joseph F. King, John R. Bailey, O. B. Steele, W. P. Grayson, George Robinson, Thomas Pritchett, George Gibson and John Walker. Lieutenant Colonel Tom Campbell, of the Seventeenth Kentucky Cavalry, came to Henderson and established a Horse Pound, in which he soon had every horse of value to be found in Henderson, and its immediate surroundings. Many of these horses were re- turned free of charge, while some of them were bought back. Some of them were never returned. He organized an Illinois raid, having learned of an established band of horse and mule thieves, whose ramifications extended throughout Ohio, Indiana, Illinois and Kentucky. Through the treachery of one or more of the clan. Colonel Campbell became cog- nizant of their villainy. A young man, who had been induced to join them, piloted Camp- bell to their rendezvous, and pointed out members of the organiza- tion. Captain Goard and Lieutenant Hampton, passing from Madi- sonville, through Webster County, shot old man Browning and his two sons. At Shawneetown, Illinois, two more were shot. At Sa- line, three more were shot. Three Quinns and one Davison, of We'ister, were shot. At Mt. Carmel, Illinois, five more were shot. Among these were a son of the Carlisles, of Webster County, and some other relatives and friends. The Carlisles swore vengeance against Campbell and his men, and after the war, as it is well known by many readers, the Carlisles and one Dr. Davison, did murder Lieutenant Hampton opposite 234 HISTORY OF HENDERSON COUNTY, KY. Owensboro. and were subsequently captured and sent to the peniten- tiary for life, but some years afterwards pardoned. During the month of July the notorious Colonel Sam Johnson, with his command of Federals, entered Henderson, and were but a short time in making themselves obnoxious. His first step was to suppress, for a time, the Henderson News, a paper which had done more, perhaps, to suppress the guerrillas than Johnson and all of his men, for, be it it said to his credit, Mr. Harrison, editor of the News, was unflinching in his devotion to good government, and a terror to both sides who departed from that rule. He had no mercy upon guerrilla bands, who plundered and stole, and the only wonder now is that he had not been butchered by some of the very men with whom he was accused, by Johnson, of being in sympathy. The August election coming on, Johnson's next step was to ar- rest leading Democrats, solely for the purpose of frightening others more timid away from the polls. Hon, John Y. Brown was arrested and placed on parole by this distinguished chieftain, but released im- mediately after the election. , The News, early in August, announced that not over a quarter crop of tobacco would be raised in the county owing to the drouth in May, and excessive wet weather after that time. The price of to- bacco ranged then from twelve dollars and fifteen cents to seventeen dollars and fifty cents. August 23, the mustering officer and paymaster of the Kentucky troops arrived in Henderson, for the purpose of paying off and mus- tering out of service Major Shook and his command.* This was the first time this little company of patriots had ever been paid, yet they faithfully performed their duty, and had never, during their long stay in Henderson, given any of the citizens cause to complain of them. The war was over now, and the people of the south had acknowledged the supremacy of the national arms, and expressed their desire to be restored to their original rights, under the laws and constitution of the country. The vanquished "Sons of the Sun" had shown their devotion to the cause which they espoused upon many a weary march, and through all the trials incident to the condition of well and long sustained warfare. They had illustrated their lineage and their genious in the camp, on the march, in battle, and wherever the shiftings and perilous scenes of their brief but diversified career carried them. The boys in blue had done the same, and were now ready to lay aside the sword and gun, and meet their brotheis of the South on hospitable ground, drink to the health of a restored union. HISTORY OF HENDERSON COUNTY, KY. 235 and forever bury all past differences; but the programme was made out, and the first actor made the grand entree in the person of the before-mentioned Col. Samuel -^Johnson, a broken down divine of small consequence. He came clad in the unstained and untorn uniform of his country, with a guard of U. S. soldiers armed with pistols and sabers. He made a great speech, in which he left the field of legitimate discussion, to denounce personally, citizens of the county who stood high in public esteem, because they opposed the radical teachings of the party in power. He anathematised the con- servative party, and heaped abuse upon its advocates. He ruled the Hon. R. T. Glass off the track for the Legislature, and did many other unwarranted acts before he was called away. A few days before the election, the One-Hundred and Fifty-third Indiana Regiment landed, and with the exception of a small guard, encamped at the Fair Grounds. Hon. John Y. Brown, as before stated, was placed under guard just as he was going to the country to fill an appointment. In the city, officers and soldiers were present at the polls, detectives were busy upon the streets, applying their infamous avocations, cannons were stationed in the streets, and at intervals during. the day belched forth their threatening thunder. One piece of artillery was stationed at the corner of the street nearest the voting place, the people unheed- ing the military demonstrations and the illegal oath which was offered, and which they were obliged to take before depositing their votes, thronged to the polls. "The cannon was removed to the other corner of the square, in sight of and ce*imanding the voting place. The people still pressed forward to vote, every means short of actual violence being employed to paralyze the will of the people. But all was in vain, while hundreds were deterred from voting, from fear of arrest, subsequent annoyence and ill treatment, there were enough brave and determined men in the county to carry the election for the conservatives by over seven hundred majority. Now our scarred and gallant veterans were returned to the walks of private life, our rent and battle-stained flags were given over to a nation's keeping, but our poor old Court House, a towering temple of which we were all proud, was a dilapidated, miserable skeleton of a concern. The exigencies of " Military Necessity " had con\erted it into a prison for rebels and citizens of the county. Next the colored troops took possession, and at last it became the barracks of the Kentucky volunteei force. It was built for a temple oi justice, but its brick walls, once bright red, paled at the scenes of tyranny and in- justice which transpired within and around them. Its ceilings and 236 HISTORY OF HENDERSON COUNTY, KY. chambers, once almost classical from the associations and memories of former times, had become disfigured and defaced by a rude soldiery. In these chambers had rung the eloquence of John J. Crittenden, Richard Thompson, of Indiana, Humphrey Marshall, Thos. L. Jones, John W. Stevenson, Thos. C. McCreary, Josh Bell, Governors Magoffin, Dixon and Powell, Crockett, Dallam, Turner, Hughes, Cis- sell. Cook, McHenry, Jackson, Yeaman, Brown, Vance, Glass, Kinney, and other gifted members of the bar, but since the sounds of eloquence had died away in the old temple, its walls had echoed ribald blas- phemy, and the billingsgate of reckless men and prostitutes. Wanton destructions had torn and dismantled it, and the protecting fold o^ the star spangled banner, which had long floated over its rotunda had at last been removed, and lo ! the result of the protectio7i^ — all of the fencing around the grounds had been destroyed, the shrubbery worse than mutilated, and inside the building, the benches, stairs, window frames, sash, partitions, etc., all demolished, something had to be done. December 18, 1865, an act was passed and approved, authorizing the County Court to levy and collect ten cents additional upon the one hundred dollars for biylding and repairing the Court House, and paying the indebtedness of the county. In due time the dilapidated old building was again made as good as new. At a meeting of the citizens of Henderson County, held in the city on December 29, to consider the subject of labor, John G. Hollo- way was appointed Chairman, and George M. Priest, Secretary. The following resolutions \vere reported by John H. Barrett, Isom Johnson, James D. Hatchitt, F. Cunningham and S, J. Alves, and endorsed by the meeting : "■ Whehkas, The subject of labor is one of vital importance to the peo- ple of our community, now, in order that our views on this question may be rightly imderstood, we state without fear of contradiction, that for the last y ^2iV, \z}oor \\di% co\x\vc\^x\di^dihighir prices here W-\z.v\ in any part of the United States. This meeting is not intended to do the laborer any injustice, for we are willing to pay full compensation for all that is done for us, but prices here- tofore paid being most unreasonable, we feel that it would be to our interest to do without labor, rather than pay most exhorbant rates for it. Such farmers and tobacconists as have paid the past high prices, have been losers thereby. The wages should be fair and reasonable between the contracting parties, and uniform throughout the community, Besolved, That we are willing to pay prices equal to the highest rates paid anywhere where the same kind of labor is used, and for the same purpose, and while we do not propose to establish prices, tior bind any person bj our action, to conform to our views upon the subject, yet at the present prices of HISTORY OF HENDERSON COUNTY, KY. 237 the products of the farm, and with the certainty of still lower prices, we are of opinion that one hundred and seventy-five dollars per annum for men, and seventy-five dollars per annum for women, (without incumbrance), for year round work, and proportional prices for boys and girls for farm labor, and cor. responding prices for other kinds of labor, is as much as we can afibrd to pay, the hirer to furnish good, wholesome provisions, fuel and quarters, and the laborer to pay for necessary medical attention, furnish his own clothing, and deduct for loss of time. And we pledge ourselves to a faithful and honest com- pliance with any agreement we may make with the laborer, and we will duly respect and protect his interests and rights while in our employ." 1866. Much of the history of the war omitted in the preceeding pages will be found in the sketch of General Adam R. Johnson, Captain Ollie B. Steele, and Colonel James H. Holloway, while under the head of " Sketches and Recollections,'' several incidents, both painful and interesting, will be found. THE WAR OVER. This year dawned upon a peaceful country, and a people deter- mined, by honesty, industry and frugality, to regain their pecuniary losses. The war had scourged them, indeed it had robbed many men of their means of subsistence. They had borne patiently with thieves and scoundrels and foraging parties of both armies, and thanked God that their lives had been spared. Society had greatly changed ; a great deal of that old-fashioned hospitality, for which Kentuckians had been so proverbial, had now to give way to hard business, hard work and scrutenizing economy. Old-time friends had become es- tranged during the wicked strife, a love for money had taken the place of unrestrained sociability, a Northern idea of living possessed the greater part of the people. Slaves were now as free as the winds, and homes which were once presided oyer by the mistress, with her half-dozen servants to answer every call, now presented altogether a different scene, for the immediate members t)f the family were com- pelled to do that which a few years before, they had ordered done. People learned to live hard and close, and after many years of this great change of life, it is safe to say Henderson County is in a better condition to-day than ever before. It is due to the colored people to say that, under the circum- stances attending the radical change from slavery to freedom, the great change of becoming their own masters, and toiling for their own support, in place of having the cares of life to devolve upon masters, their behavior surprised their most sanguine friends, who had viewed the situation with anxious solicitude. They came into this new life as 238 HISTORY OF HENDERSON COUNTY, KY. thouo^h they had been fdrilled and tutored for months; they accepted the situation with a becoming grace, and while some few were disposed to behave unruly, the great majority behaved like men of sense and character, settling down to the realities of life, and going to work to build up themselves and growing families / January 25, a branch of the Freedman's Bureau had been estab lished in Henderson, and Thomas F. Cheaney appointed Superinten- dent. This institution was a sort of a stand between the colored man and his employer. Contracts were made for labor, and one of the duties of the Superintendent was to see justice done both parties. Organized at the time it was, and honestly and judiciously managed as it was in Henderson, the system was more of a blessing than other- wise. Worthless colored people were controlled, and vagrant negroes forced to seek and obtain employment. EXPLOSION OF THE MISSOURI. On the thirtieth day of January, the magnificent steamboat " Missouri," while racing with the " Silver Moon," blew up in the county a few miles above Evansville and when near the mouth of Green River, completely demolishing the frame work of the boat, and killing many of her passengers and crew. This accident happened about ten or eleven o'clock at night, and daring most of the day fol- lowing, pieces of the wreck were seen floating by the wharf. A large sheet of one of the boilers was blown several hundred yards into the woods on the Henderson County side. An act was passed directing the Circuit Court to be held on the first Mondays in March and September, and to continue for thirty days each. February 12, Col. John W. Crockett was arrested and taken to Louisville, on the charge of treason, but was soon released. March 15, an organized band of robbers appeared in the county and raided several farms for the purpose of robbing returned colored soldiers. They were successful in several instances, but were finally driven out by officers of the law. June 7, the Henderson and Union Petroleum Company struck oil at their well on the head waters of Highland CreeV, at a depth of four hundred and fifty feet, but from the best information to be had the unloosed gas rushed out with such force, it blew all of the oil out of the well, and the company collapsed. September 20, Elder William Steele reported having joined in marriage, within the last twenty years, three hundred and thirty couples, ten of this number married at his office, five at his residence, HISTORY OF HENDERSON COUNTY, KY. 239 and two on the bank of the Ohio, standing under an umbrella. In three instances he married the same party twice. He married four couples in one day. His fees ran from thanky to twenty dollars, and in one case he married a gentleman said to be worth eight or ten thousand dollars, who declined paying him anything, because, he said - Sail is sickly, and I can't afford it." The Elder also reported that one-fourth of the number were dead at that time. September 20, " Neptune " was on a bender, to the serious detri- ment of the river bottom farmers. The river was out of its banks, and tobacco and corn in the low lands were greatly damaged, in many instances totally destroyed. The Fair Company having been re-organized, the first fair tor many years was held, commencing Tuesday, October 2. Necessary preparations for this fair were rapidly made, and under many disad- vantages, yet the success which attended the meeting was very grati- fying to the new company. On the thirteenth, Saturday morning, eight prisoners broke the jail and effected their escape. Two escapades had been effected prior to this time, notwithstanding the jail was a new one. 1867. The proposition to build the Henderson & Nashville Railroad, which had agitated the people along its line for many years prior to the war, was again revived. Under the old management an agent of the company had proved unfaithful to the trust imposed m him, in this- He was sent to Europe for the purpose of negotiating a loan by the use of man.y thousands of the company's bonds. About tne time he arrived in Europe the war between Russia and Turkey broke out, and a short time afterwards the terrible storming of Sebastopol occurred. This agent viewed the situation, and seeing, as he thought, a great harvest of profit to be reaped from an investment in Irish po- tatoes, onions, etc., purchased him a ship, and then the potatoes and onions, and started for the Crimea. It has never been known whether he adopted this plan for the purpose of placing the bonds for the benefit of the company, or whether he intended pobketing tor himself the principal and profits of his huge speculation. His ship went out upon the high seas and rode the waves in ma- iestic splendor, but a landing place for his fresh provisions could not be found. After so long a time rocking and rolling with the waves, a loud aroma came up from the hull of the vessel, when it was dis- covered that his cargo had decayed and become worthless. Ihe bonds were gone for a mere song, and the potatoes and onions for nothing. 240 HISTORY OF HENDERSON COUNTY, KY. These bonds were held by English capitalists, and were good against the road. It was necessary that something should be done to recover them either by compromise or purchase. So, in 18G(), General Jerry T. Boyle, representing a syndicate, sailed for Europe, and succeeded in securing enough of the " potato and onion" bonds to give those whom he represented a controlling influence. Returning to the United States with his bonds, suit was immedi- ately instituted in the Christian County Circuit Court, by E. G. Sebree and others, against the Henderson & Nashville Railroad Company, to foreclose the mortgage and to subject the road and its fr..nchises to sale. At the January term, 1867, a decree directing the sale of the road to take place on the twenty-third day of February, 1867, in the city of Hopkinsville, was rendered by the Chancellor. In accord- ance with this decree, Hon. John Feeland, Special Commissioner, advertised the sale, and on the day appointed a large number of in- terested parties assembled at Hopkinsville. H. B. Hanson, of New York, became the purchaser of the road at and for the small sum of twenty thousand dollars. Hanson that day, or a few days afterwards, for a consideration, transferred his purchase to a company of gentlemen, no doubt organ- ized at the time of sale. An act was then secured incorporating the Evansville, Hender- son & Nashville Railroad Company, and the purchase transferred to that company. General Jerry T. Boyle was "elected President. Jerry T. Boyle, John P. Campbell, E. G. Sebree, George M. Priest, and Dabney O. Day, Directors. The new company set to work to build the road in the stereo- typed way, soliciting donations and subscriptions of stock. Henderson became wild over the outlook. Many of her people were willing to tax themselves beyond redemption, for the privilege of listening to the toot of one whistle, or the lattle of one set of car trucks. "A railroad, my kingdom for a railroad," was the cry. An act was passed by the Legislature authorizing counties, cities and towns along the line of this road to tax themselves by peti- tions, signed. Petitions were circulated in Henderson, and the necessary majority soon secured. General Boyle was in a great hurry, and so were the people ; but the City Council chose to go slow. Dif- ficulties existing between the company and the city were adjusted, HISTORY OF HENDERSON COUNTY, KY. 241 and soon thereafter one hundred thousand dollars of eight per cent, bonds, and two hundred thousand dollars of seven per cent, bonds were directed to be printed, sigiaed and delivered to the custodian appointed by the city, as Henderson's ''donation'' to the building of this o-reat enterprise. As an inducement, or bait, Henderson was to o-et for her three hundred thousand dollars in bonds, three hundred and sixty thousand dollars in common stock, and, as a greater induce- m.ent, the taxpayer was to receive twenty per cent, additional on the face of his tax receipts in stock. After hard work the bonds were placed at a price making them equal to a ten per cent, security, and verv soon thereafter, the money all spent and more wanted. Henderson County was approached and enticing bait offered, but the magisterial fish refused to bite. It was evident that something had to be done. There was no money to pay interest on the bonds of the company for which the road had been mortgaged, and finally, after triggering around, a company called the American " Contract Company," organi/ed under the laws of the State of Pensylvania, came along and took a lease for a certain number of years, and, in the course of time, completed the road. March, 1869, the iron was laid to Madisonville, and one consign- ment to a Henderson merchant was twelve hundred dozen eggs. May 20, a grand barbecue and festival was given by the city and citizens to the people along the line, at the Fair Grounds, in honor of the completion of the road to Madisonville. Several years after the completion of the road, by a majority vote of the stockholders, at a meeting held in Hopkinsville, a consolidation was effected with the St. Louis & Southeastern Road, running from Evansville to St. Louis. The line was then known as the St. Louis & Southeastern, con- solidated. Several years ago the St. Louis & Southeastern con- solidated became, by purchase, the property of the Louisville, Nash- ville & Great Southern, and, since that time, has been known as the Henderson & Nashville Division of that corporation. This di- vision has increased its business under the new management, until now it is known and regarded as one of the most important roads in the country.* January 29, an act of the Legislature was passed creating John Funk, George M. Priest, W. C. Howard, William M. Lockett, John S. McCormick, John Rudy, John N. Lyle and H. F. Turner, a body cor- porate under the name and style of the Henderson Fair Company, ifi 242 HISTORY OF HENDERSON COUNTY, KY. February 5. an act was passed and approved, establishing in this Judicial District a Court of Justice, to be known as the Court of Com- mon Pleas^ to hold annual sessions in January and July, of eighteen judicial days each. In August, Caswell D. Bennett, of Smithland, Livingston County, was elected Judge Common Pleas, and held the first court the following January. During the early part of February the citizens of Henderson were furnished coal, in small installments, as a great favor, for the mod- erate sum of fifty cents per bushel. A bill to re-apportion the State into Senatorial Districts was re. ported in the Legislature and passed. The Fifth District under the act was composed of the counties of Henderson, Union and Webster. February 27, an act was passed making the provision of the me- chanics' lien law, passed February 17, 1856, apply to Henderson County. On the same day an act was passed authorizing the County Court of Henderson County to levy an ad valorem tax of twenty cents on the one hundred dollars, and a capitation tax of two dollars, and also to borrow the sum of twenty-five thousand dollars for the purpose of repairing and rebuilding the public buildings, made untenable by the ravages of the war. This act repealed the act of December, 1865. The Ohio River at this time only lacked a few inches of being as high as it was in 1848. The News of February 26 said of the high water : " The classic village of Shawneetown is totally submerged, Uniontown is metamorphosed into a miniature Venice, and two peeping spires mark the spot where Casey ville ought to be." March 9, an act was passed authorizing the County Court to elect a General Superintendent of the Roads, "who shall hold his office for the term of two years." March 14, a daily river mail between Louisville and Henderson was established. During this year a Board of Southern Relief was established, and through their instrumentality, great quantities of supplies were sent South. Taxable property this year for the county, $6,740,162; white males over twenty-one years of age, 2,201 ; children between six and twenty years of age, 2,988 ; pounds of tobacco raised in 1866, 6,067,180 ; tons of hay, 10,583 ; bushels corn, 591,980 ; bushels wheat, 17,600. HISTORY OF HENDERSON COUNTY, KY. 243 August 1, the steamboat " Cora S " sunk at the bar below the city. Her cargo was brought to the city. September 23, a new subm^ine cable was laid across the Ohio by the Henderson & Evansville Telegraph Company, Jacob Held^ President and Superintendent; E. L. Starling, Secretary. Every dollar of the stock of this company was owned in Henderson. The annual fair this year was quite a success, and in recogni- tion of President John Funk's services, he was presented at its close with a handsome silver service by the directors. Hon. John Young Brown delivered the presentation address. On the twenty-first day of November the Ovvensboro & Hen- derson Telegraph Company was completed, and a few weeks there- after was consolidated with the Henderson and Evansville line. November 27, Rev. W. G. x\llen, a noted Presbyterian divine, and former pastor of the Henderson Church, was killed at Morgan - field, by his horse falling upon him. November 31, Engineer F. H. Crosby ascertained by actual measurement, the difference between the high and low water mark to be forty-three feet. The assessment for U. S. Internal Revenue this year was $8, 745.36. 1868. February 5, an act was passed and approved, authorizing William McClain's o-reat land sale bv lotterv. The Commissioners created under the act were David Banks, Grant Green, William S. Holloway, E. L. Starling, William S. Elam and Robert T. Glass. February 5, an act was passed, dividing the State into four Ap- pelate Districts, under this act Henderson became a part of the Fourth District. M irch 6, the State was divided into sixteen judicial districts. Under this appointment Henderson, Livingston, Union, Webster, and McLean formed the Third District. March 6, A. H. Major, John H. Stanley, Harbison Butler, Fran- cis E. Walker, William McClain, George Atkinson, Archibald Dix'on, John K. Smith, Hugh Tate, A. B. Barrett and Andrew Circles, were incorporated under the name and style of the " Horse Shoe Bend Ferlce Company." March 9, an act was passed changing the term of the Common Pleas Court, directing them to be held in June and December of each year, twenty-four, in place of eighteen days each. At the same ses- sion the time of holding the Circuit Courts was changed to March and November, and thirty days allotted to each term. At the same 244 ^ HISTORY OF HENDERSON COUNTY, KY. term fifteen hundred dollars was appropriated for the pur}x>se of erecting a monument over the grave of the lamented Governor L. W. Powell, the amount to be expended by his excellency, Governor John W. Stevenson. On the same day an act was passed incorporating the " Hender- son Running Park Association," and authorizing subscription books to be opened by Jackson McClain, William M. Lockett, James Alves, G. L. Compton, S. K. Sneed, N. C. Howard and Samuel W. Rankin. On the same day an act was passed incorporat ing the Green and Bar- ren River Navigation Company. By the terms of this act, those great commercial thoroughfares were given to that company for a mere song, and from six months after that day to this, the shippers and people along the two rivers have found just cause to complain. 1869. March 9, an act was passed authorizing the County Court to ap- point additional processioners, not exceeding two in each voting pre- cinct of the county. March 15, an act was passed incorporating the Henderson & Hartford Railroad Company, and granting George M. Priest, Robert G. Beverley and R. T. Glass, of Henderson, together with others along the proposed line, all the power and authority incident to such corporations. ^ CHAPTER XXIII. POPULATION— NEW PRECINCTS— HEAVY SNOW FALL— COLORED MEN VOTE FOR THE FIRST TIME WM. m'CLAIN'S GREAT LAND SALE, ETC. 1870. '!—• ENDERSON County now contained by the Federal census, eleven l) thousand, seven hundred and seventy-nine natives, and six hun- dred and eighty-eight foreign whites, and five thousand, nine hundred and ninety blacks, making a total population of eighteen thousand, four hundred and fifty-seven, an increase since the census of 1860, of four thousand, one hundred and ninety-five. From 1860 to 1870 the in- crease of the negro population was only one hundred and forty-six, while the increase of the whites was four thousand and sixty-two. On the second day of January of this year occured the heaviest snow fall ever known in the State, reaching in many places a depth of from three to four feet. March 21, an additional voting precinct was established. Hen- derson Precinct, under this act, was divided into two precincts, called Upper and Lower, Third Street becoming the division line. The State Fair Association held its annual meeting at the grounds of the Henderson Fair Company this year, commencing October 4. August 1, the colored population legally qualified, exercised the right of^suffrage for the first time. Great fear was apprehended, but th"e election passed off as quietly as any that had ever preceeded it. At this election the " Road Tax " proposition was submitted, and carried by a majority vote of the people. The first levy was made at the October Court of Claims, two dollars upon each person 246 HISTORY OF HENDERSON COUNTY, KY. , legally bound to work upon the roads, and ten cents upon the one hundred dollars worth of property ad valorem. Two-fifths of this amount was set aside as a sinking fund for the purpose of taking up the bonds of the county. Thursday, July 7, William McClain's great land sale drawing took place in " Weisiger Hall," Louisville. Ticket No. 8,553, owned by Dennis J. McLaughlin, a carpenter, of Brashear City, Louisiana drew the capital prize, consisting of river bottom land of the finest character, valued at one hundred and fifty thousand dollars, and ten thousand dollars in cash. Ticket No. 7,175, owned by Robert Hunt and Frank Karesner, of Louisville, and others, drew the second prize, consisting of river bottom land valued at thirty thousand dollars, and five thousand dol- lars in cash. The third prize, valued at thirty thousand dollars, was drawn by H. Brown, of Mobile, Alabama. The fourth prize, valued at thirteen thousand dollars, was drawn by Lieutenant Governor, Thomas P. Porter, of Versailles, Kentucky. December 4, several prisoners confined in the county jail, effected their escape. 1871. The first ten days during the month of February, the two banks of the city, the Farmers' and National, paid out in tobacco checks, six hundred and fourty thousand dollars, of this amount the Farmers' Bank paid four hundred and fifty thousand, and the Henderson Nat- ional one hundred and ninety thousand dollars. On the thirtieth day of December, a proposition to subscribe for five thousand shares, of fifty dollars each, to aid in building the South Kentucky Railroad, was submitted to a vote of the people, and as usual with Henderson County, easily and most gracefully defeated. The South Kentucky has never been breathed from that day to this. 1872. February 6, the Legislature repealed the act of February 27, 1867, authorizing the county to levy an ad valorem tax for public uses, and in lieu of that, enacted a law authorizing the county court to issue and sell her bonds, to an amount not exceeding forty thousand dollars March 18, an act to lay the State off into ten Congressional Districts was passed. Under this apportionment, Henderson, Daviess, Hopkins, Muhlenburg, Ohio, McLean, Christian, Webster, Union, and Hancock Counties formed the second district. HISTORY OF HENDERSON COUNTY, KY. 247 The road law having been adopted by the people, and a tax cre- ated for the purpose, at the February term of the County Court, a motion was made to elect for th^e first time under the new law, a Superintendent of Roads. The court was pretty evenly divided, as will be observed by the following vote : Those voting in the affirmatives were Turner, Toy, Shelby, Grif- fin Cooper, Parker and Pritchett, (7.) Those negative, were Royster, Priest, Farley, Denton, Long and Gibson, (6.) The motion was de- clared adopted. J. T. Wilson was elected, and an order passed di- recting him not to expend exceeding three thousand dollars upon the roads of the county. March 28, an act was approved incorporating the Evansville & Jackson Railroad. The incorporators from Henderson were Henry F Turner, E. L. Starling, W. A. Hopkins, George M. Priest, E. W. Worsham, Joseph Adams and Leonard H. Lyne. Quite an amount of wind work, and perhaps some practical work has been indulged, looking to the building of this road, but at this time there is no pros- pect for its early completion. (See Ohio Valley Railroad.) 1873. . January 18, an act of the General Assembly was approved, incor- porating the St. Louis Catholic Cemetery. March 28, Captains A. O. Durland, Charles G. Perkins, E. O Boyle and St. John Boyle, were incorporated under the name and style of the Evansville & Henderson Railroad Packet Company. KENTUCKY BOUNDARY. April 23, an act was approved, having for its object the settle- ment of the boundary line between the State of Indiana and this State. The unsettled boundary begins at the head, of the Island, known as Green River Island, opposite, or nearly so, the mouth of Green River, running thence in a direction down the Ohio River to the lower end of said Island, upon a line dividing said Island a.Vd the State of Kentucky, from the State of Indiana. Many years ago, even in ordinary high water, steamboats passed down the schute between this Island and what was then known as the Indiana shore, but annual sediments, and the rapid growth of willows and cottonwoods caused the chute to fill up, until at this day it has become valuable as farming lands. Kentucky claims up to the corpo- rate limits of Evansville, under the United States survey made at the time Indiana was admitted into the Union of States, but since the change made by annual high waters, there has been a dispute between the two States as to the correct boundary line. Under the act of 248 HISTORY OF HENDERSON COUNTY, KY. April 23, the Governor was authorized and directed to select a com- missioner, a practical surveyor, who was to be a resident of Kentucky, to act with a similar commissioner from the State of Indiana, to carry into effect the provisions of the act. David N. Walden, of Hender- son, was selected by the Governor, and August Pafiflin, of Evansville, Indiana, by the Governor of that State. These commissioners, guided by old papers in their possession, proceeded to make a close and ac- curate survey. They were careful and painstaking, and after weeks of hard work, succeeded in agreeing upon the line, and caused stones to be planted marking the survey. On the fifth day of March, 1878, this survey was ratified by the Kentucky Legislature, but upon com- ing before the Indiana legislature, was rejected, and there the matter has stood from that day to this, so far as any settled understanding is concerned. 1874. January 31, the Collins School District, in the Hebardsville Precinct, was established by law. On the nineteenth day of February, an act was approved, appor- tioning the State into thirty-eight Senatorial Districts. Under this ap- portionment, Henderson and Union became the Fifth District. February 17, the jurisdiction of Quarterly Courts was extended to two hundred dollars. 1875. The summer of this year will be remembered by river bottom planters as the one most destructive ever known in the history of the country. On the seventh day of August, the whole bottom country, bordering on the Ohio and Green rivers, was inundated and remained so, long enough to completely destroy the growing crops of corn and tobacco. Al] the tenants and renters were completely ruined, while landlords had to content themselves with the loss of rent and .any amounts they had advanced. It was a most destructive year, and but for the liberality of land owners, great distress would have followed. 1876. February 6, the great hurricane passed through the county sweeping houses and timber before it. February 25, an act was passed by the Legislature incorporating William Soaper, H. P. Randolph, F. T. Crutchfield, George L. Ro- bard-s, Charles Elliott and G. B. Martin, under the name and style of the "Walnut Bend Fence Company." HISTORY OF HENDERSON COUNTY, KY. 249 March 20, an act was passed and approved exempting citizens liv- ing north of Green River from the two dollars per capita tax, and of ten cents on each one hundred^.dollars worth of property, now assess- ed and levied as a road tax ; but they were required to work on the roads of that district under the rules governing road services before the act of March, 1869, went into effect. An act, entitled "An Act for the protection of sheep in Hender- son County," was passed at the same term. This act required the Assessor, in taking lists of taxable property, to list all dogs, and upon each dog should be levied and taxed two dollars, and on each bitch the sum of three dollars ; provided, the party or parties so assessed should be permitted to own one dog, or one bitch, upon which no tax should be levied or assessed. The amounts arising from this tax was directed to become a part of the white school fund. It was further enacted that any person owning, having or keeping any dog or bitch should be liable to the party or parties for all damages done by these animals. 1878. March 11, an act was passed making it unlawful for any one to throw, or cause to be thrown, any logs or trash into the creeks of the countv. March 15, an act was passed reducing into one the acts relatmg to the roads of the county. It directed the division of the roads into precincts, and the apportionment of surveyors to let them out to the lowest and best bidder, commencmg Monday, April 1. At the same term, John T. Handley, J. S. Wilhoit and W. B. Pen- •tecost were incorporated under the name of Jonathan Lodge, I. O. O. F., No. 152. 1880. The tenth census credits Henderson County with a population of twenty-four thousand five hundred and fifteen souls. Of this number sixteen thousand nine hundred and forty-three were whites, and seven thousand five hundred and seventy-two were blacks. Of the whites, six hundred and forty-four were foreigners. Comparing the census of 1880, with that of 1870, it will be ob- served that the increase in population aggregates six thousand and fifty-eight souls, and of this increase, four thousand four hundred and seventy-six were whites, and one thousand five hundred and eighty- two were black. Of the twenty-four thousand five hundred and fifteen souls m Henderson County in 1880, 19,967 were natives of the State, 563 of 250 HISTORY OF HENDERSON COUNTY, KY. Tennessee, 779 of Virginia, 171 of Ohio, 1,896 of Indiana, 191 of North Carolina, 17 of British America, 59 of England and Wales, 154 of Ireland, 11 of Scotland, 345 of Germany, 10 of France, and 5 of Sweden and Norway. Of the total number there were 12,646 males and 11,869 females, Of school, military and citizenship ages, the population was divided as follows : Five to seventeen years, both inclusive, 4,270 males, 4,183 females; eighteen to forty-four years, both inclusive, 5,051 males ; twenty-one and over, 5,700 males. FARM AREAS AND FARM VALUES. Farms, 1,983; improved land, 146,388 acres ; value of farms, in- cluding land, fences and buildings, $3,666,786; value of farming im- plements and machinery, $142,221 ; value of liv-e stock on farms July 1, 1880, $596,044; cost of building and repairing fencing, 1879, $49,- 612 ; cost of fertilizers purchased, 1879, $1,220; estimated value of all farm productions (consumed or on hand) for 1879, $1,119,482. Prin- cipal productions of the county : Barley, 300 bushels ; Indian corn, 1,680,007; oats, 27,589; rye, 3,577; wheat, 124,991. Value of or- chard products, $11,350; hay, 2,243 tons ; cotton, 9 bales ; Irish po- tatoes, 29,286 bushels ; sweet potatoes, 5,205 bushels ; tobacco, 10,- 312,631 pounds. Live stock and its productions : Horses, 4,277 ; mules and asses, 2,768 ; working oxen, 108 ; milch cows, 3,577; other cattle, 4,660; sheep, 4,307; swine, 31,554; wool, 21,670 pounds; milk, 74,385 gallons ; butter, 207,040 pounds ; cheese, 230 pounds. March 4, an act was passed making it unlawful for any one to deaden timber within one hundred feet of any public road in. Hen-, derson County. April 1, an act was passed authorizing the formation of corpora- tions, for the purpose of constructing turnpike and gravel roads in Henderson County. April 22, an act was passed which not only authorized, but re- quired, the County Court to subscribe fifteen thousand dollars to the stock of every gravel road company, but this was to be ratified by the voters of the county. This act never was submitted to a vote. April 15, an act was passed dividing the State into eighteen Ju- dicial Districts. District No. 3 was composed of Henderson^ Critten- den, Union and Webster. This act repealed the act heretofore mentioned, which established a Court of Common Pleas, and gave to Henderson County three HISTORY OF HENDERSON COUNTY, KY. 251 terms of the Circuit Court, beginning on the first Monday in January and fourth Monday in May, and holding thirty-six judicial days each, and on the fourtli^ Monday in October, holding twenty- four judicial days.- At the January and May terms, the first two weeks of each are devoted to the trial of criminal causes, the re- mainder of the terms to the civil docket. The October term is de- voted to the rendition of judgments by default, and general civil busi- ness. May 5, the '^Southwestern Narrow Gauge Railroad Company" was incorporated, and William H. Lewis, J. T. Leake and Ken Cha- peze, authorized to open books for the subscription of stock. This was thought to be a fine project, but, so far, it has failed to ma- terialize. On June 9 D. Banks, Jr., B. G. Witt, Larkin White, J. D. Ro- bards George W. White, William Hatchitt, M. M. Johnson, Samuel Epperson, William Soaper, Jr., O. B. Smith, J. P. Beverly, and John T. Bunch, filed before the County Court their articles of incorporation of the " Henderson, Zion and Hebardsville Gravel Road Company," and the same were approved by the court. July 7, the right of way over the road was granted, with certain conditions attached. . July 24, the company accepted the terms of the court, and, in a few weeks thereafter, gravel was being rapidly placed upon the road bed. On the third day of December following, the road was completed five miles out from the citv limits, examined, and reported substanti- ally built, and in good condition, by W. K. Ayer, Paul J. Marrs, and Dr. P. Thompson, commissioners appointed to view the work. This was the first gravel road built in the county, but others soon followed. 1881, On the twentv-seventh day of April, Harvey S. Park, William J. Marshall, Jackson McClain, John H. Barrett, Cornelius Bailey, Fielding S. Turner, J. T. Wilson, Charles L. King, George W. Mc- Clure, Henry Kleymeier, and William Hatchitt filed before the court of the county, articles of incorporation of the "Henderson and Cory- don Gravel Road Company," and the same were approved by the court. On the seventh day of May the right of way was granted, upon similar terms, to those of the Henderson and Zion road. June seventh, the company accepted the terms offered by the ■ county, and commenced grading the road for the reception of gravel. 252 HISTORY OF HENDERSON COUNTY, KY. On the ninth of July articles of incorporation were filed by the same company of the " Henderson and Geneva Road," and on the eleventh the right of way was granted. These two roads were com- pleted during the fall months, ready for winter travel. On the seventh day of May Cornelius Bailey, E. M. Johnson, S. A. Young, Thomas Posey, George W. White, A. B. Sights, William Hatchitt, fames C. Hicks, R. Scrogin Easlin and Robert Dixon, filed with the court articles of incorporation of the " Henderson and Cross Plains," and " Henderson and Cairo Gravel Road Companies." On the same day the right of way was granted, and on the second day of July the terms of the County Court, expressed in the order grant- ing the right of way were accepted by the company. This road, also, was finished in time for winter travel. 1882. January 15, an act was passed by the Legislature re-appor- tioning the Congressional Districts of the State. Under this act He7iderson^ Christian, Hopkins, Webster, Union, McLean, Daviess and Hancock formed the Second District. On April 22, an act creating and establishing a " Superior Court," known as a Court of Justice for the State, and to con- sist of three Judges who shall have the same qualification as are now required for Judges of the Court of Appeals, a co-adjutant to the Court of Appeals, was passed and approved. Under this act the First District was composed of the following counties: Hender'^on^ Fulton, Hickman, Ballard, McCracken, Graves, Galloway, Marshall, Livingston, Trigg, Crittenden, Caldwell, Chris- tian, Todd, Logan, Warren, Union, Webster, Hopkins, Daviess, Mc- Lean, Muhlenberg, Hancock, Ohio, Butler, Grayson, Breckenridge, Hardin, Barren, Allen, Simpson, Edmundson, Meade and Hart. The first election was held on the first Monday in August. April 24, an act to levy an additional tax of two cents, for the purpose of equalizing the per capita tax of the white and col- ored school children, was passed, and at the following August elec- tion submitted to the qualified voters of the county. Be it said to the credit of the county, the proposition carried, by a inajoj'ity of eighty- two votes. March 10, an act was passed exempting the inhabitants living on Green River Island from the payment of road tax of all kinds. April 11,~ an act was passed authorizing the County Court to issue bonds for the purpose of building gravel roads or purchasing those already built. April twenty-second, an act was passed to prevent stock from running at large in the county. This act was never submitted to a vote of the people, as required. HENDERSON. ITS LOCATION — EARLY SETTLERS — ORDINANCE OF THE TRANSYLVANIA COMPANY — ITS GROWTH FROM A VILLAGE, LOCATED IN THE WILD WOODS, TO A CITY — KEEPING STEPS WITH ADVANCED CIVILIZATION — PAGES OF GENERAL INTEREST. ^^HE City of Henderson, the county seat of Henderson County, V_y is situated on the southeast bank of the Ohio River, about midway between Louisville at the Falls, and Cairo, 111., at the mouth, and is the northern terminus of the Henderson and Nashville division of the Louisville & Nashville Railroad, a great through railway line, connecting New Orleans, Mobile, Pensacola and the Southern cities with St. Louis, Chicago and the East via Evansville. It is also the northern terminus of ^he Ohio Valley Railway, a new road now run- ning to Marion, the county seat of Crittenden County, and which will, as it is contemplated, soon be completed to some central point south where general traffic arrangements will be effected, whereby the Ohio Valley will soon be a great through route, as the Louisville & Nashville, and a strong competitor of that system. It is now pre- dicted with a degree of certainty, that justifies historical prophesy, that a railway will soon be completed between this city and Louis- ville, a road to be known as the river road. Henderson is one hundred and forty-five miles from Nashville, and is one hundred and seventy miles from St. Louis, and is the cen- tral point in navigation of a number of river routes, including the Ohio, Green, Wabash, Tennessee, Cumberland and Mississippi. This city was originally known as the " Red Banks," because of its high per- 254 HISTORY OF HENDERSON COUNTY, KY. pendicular front of red soil, and was settled by Jacob and Michael Sprinkle, John Upp, John Husbands, John Hausman, John Dunn, Eneas McCallister, John Kuykendall, Hugh Knox, Abraham San- ders, Daniel Ashby, Jacob Newman, Edmund Talbott and a few others, commencing as far back as 1784. Since these brave and true old pioneers have laid their heads beneath the violets' bed, many changes have passed over earth. Since then the pioneer village be- came a town, and the town has grown to a city. Since then the wild deer has disappeared from dingle and glee, the wolf extinct, the poor " red man " is yet being driven into the far west, and the few remain- ing decendants of the proud-hearted Sachems, White Cloud and Ta- hante are now waging war far beyond the waves of the " Great River," from whose lofty cliffs the daughter of Menonemee made the "Lovers Leap " in history and song. Since then the " Eagle of American Liberty " was grasped by the robber hand of faction, dispoiled of his matchless plumage and plunged into the gory mire of civil strife. Since then the factious decendants of those who claimed that the prec- ious freight of the Mayflower was the Bible and the freedom, have scoffed at the declaration from the pen of Thomas Jefferson, and signed by the double pledge of life, honor and property, of old Charles Carroll, of Carrollton. Since then the triad of forensic heroes, Clay, Calhoun and Webster, have come and gone. Since then two Presidents of the United States have fallen by the pistols of assas- sins. Since then the scientific application of steam and electricity has startled the world. Yes, and since then empires have fallen. More too, if these old people could only come back to earth and wit- ness the work of their children and children's children, they would scarce believe their own eyes. MRS. HANNAH DUNN. From 1791 to 1800, Mrs. Hannah Dunn kept a sort of tavern and barroom at the Red Banks, and George Holloway was the pro- prietor of a general provision store, including whisky and millinery. The whisky was made in little kettle stills, but where the supplies of millinery were brought from in those early times no one now living knows. Mrs. Dunn, true to the nature of her sex, was fond of dress, even though she was a woman of masculine mind and business. She paid Mr. Holloway the round sum of one pound ten shillings for a hat trimmed with ribbons and feathers, and packed salt from the works, a distance of twenty miles, for the money to settle the bill. HISTORY OF HENDERSON COUNTY, KY. 255 Bacon retailed at that time at one shilling per pound, while deer and bear meat were valueless in price. Captain John Dunn operated a small hand mill, which furnished meal for the settlement, but .nost persons used the mortar and pestle. The mortar was made by splitting a short cut of a tree and hollowmg one end of each half and then pinning the two together with wooden pins The pestle was a heavy wooden instrument with an iron or stone wedge in the end and used by hand. Sometimes this was op- erated by the use of a wooden spring. . All of the river travel in those days was done in canoes, and it is wonderful with what rapidity and ease persons paddled up and down the river from place to place. HENDERSON LAID OFF. In the early part of the year 1797, General Samuel Hopkins, agent and attorney in fact for Richard Henderson & Co., with Col- onel Thomas Allen, a distinguished primitive surveyor, who w& em- ployed bv the company, arrived at Red Banks, and proceeded to ay off the tiwn of Henderson, named in honor of the president of what was then known as the Transylvania Company, and through whose instrumentality the grant had been secured from the State of Virginia The town as laid off in August, 1797, consisted of sucty-s x square of four acres each, divided into lots of one acre each, making in all two hundred and sixty-four one-acre lots. There was also surveyed thirty two ten-acre lots surrounding the squares of the town. One Lundred and thirty-two of the one-acre lots were located above F.rs Street, between Green and Water Streets, commencing with the lot corne; of Water and First Streets as No. 1, lot corner Main and First Streets No. 2, lot corner Main and Second Streets No 3 lot co - ner Water and Second Streets No. 4, and so gn up to Twelfth Stieet. The remainder of the lots were located below *^.^"b''^,^,^"^'%,'';- ginning at the lot corner of Water and Lower First or VVashington Streets, as No. 133, lot corner Washington and Main No. 134, and so on down the river to twelfth cross street. In the ordinance directing the disposal of the town lots and the adjoining ten-acre lots the proprietors prescribed liberal terms. Gen- eral Hopkins was indefatigable in his efforts to advance the interest of his company and at the same time render satisfaction to the set- tiers The following is a copy of the ^. Ordinance of the Transylvania Company, commonly called Ri'^'';'"' "^;;; dersonSf Co., diiecting the dispossal of the town of Hendesson and the out lots. 256 HISTORY OF HENDERSON COUNTY, KY. " Be it resolved ajtd ordained. That the town of Henderson and all the land, lots, streets, apportionments and apartments thereof, lying on the River Ohio in the County of Christian and State of Kentucky, as laid off and surveyed by our agent, Samuel Hopkins, and our surveyor, Thomas Allen, agreeable to the plat or form by them made and to us returned with their certificate be, and the same is hereby established, that is to say, two hundred and sixty-four lots, meted and bounded, by the several streets thereon contained, of one acre each and thirty -two out lot meted and bounded and marked as described in the aforesaid certificates, be considered as the town aforesaid, and we do hereby for ourselves, our heirs and executors jointly and severally, give, grant and confirm all the lands meted, bounded and located in the plat and form aforesaid by the aforesaid agent and surveyor for the purposes of the said town, to be disposed of in the following manner : '•First. We give to all those male persons and theii heirs who may have settled at the Red Banks on or before the first day of May, 1794, who have built and improved and are now residing thereat, being then free and of full age, or to such free persons of full age as may occupy such building and set- tlement at the present time under assignment of the fiist settler, one lot of one acre each, provided such lot be improved in the same manner, and in the same time as shall herein be established for those who purchase under this or- dinance. And whereas, a speedy sett. ement of the town lots aforesaid will, in in our opinion, greatly enhance the value of the lands generally. We do hereby declare, that the lots composing the town as aforesaid, shall be sold by our agent or agerits so as best to promote such settlement, either by public or pri- vate sale, as to them or him shall seem proper, limited only as follows : " That every purchaser of an acre lot shall, within two years from the time of purchase, build thereon a framed, hewn or sawed log house, sixteen feet squai'e at least, with a good dirt, stone or brick chimney and plank floor, or shall reside thereon by himself or representative, etc., for the space of three years ensuing ; provided that the residence shall commence within one year from the time of the purchase, and in case of failure thereof, such lot shall be considered as reverting, and shall revert to the company, their heirs and assigns, and be liable to be disposed of for the uses herein expressed as if no sale or occupany had ever been made or had thereupon ; provided, that such original proprietor or his heirs, who shall purchase any number of lots, not exceeding four lots of one acre each in said town, shall not be obliged to im- prove or reside thereon as other purchasers, agreeably to the true intent and meaning of this ordinance. " And be it further ordained and directed. That any person purchasing a lot of ten acres, shall in like manner be obliged to improve, either by building, inhabiting or tending in some crop, for and during the term of three years ; at least one- half of said lot to commence from the term of two years. After such purchase such cultivation may be at the option of the purchaser as to the crop, and in case of failure herein, the holder or purchaser of said lot shall be subject to all the penalties and forfeitures incurred by the purchaser of the lots of one acre each. "And be it ordained, That one agent be appointed to sell and dispose of the lots in the town of Henderson, to receive the moneys or other considera- HISTORY OF HENDERSON COUNTY, KY. 257 tions tlierelbr, to make titles and transfers, to secure and appropriate forfeitures and in general to act in all things for the company according to the true intent and meaning of this ordinance, who Shall receive for his trouble five per centum, first, on all >ales, second, on all sales and collections and payments, and thirdly, on amercements or forfeitures that may accrue, and who shall enter into bond to the company for fulfilling his several duties, and in case of death, removal from office, resignation or refusal to act of the agent appointed, to the execution of this ordinance, it is directed that another be appointed, under the hands and seals of the copartners in Kentucky and of Henry Purviance, William Bailey Smitli and Samuel Hopkins, who are a majority of them, or the surviv- ors of them, shall make out such appointment, and take a bond for the faithful performance of otfice; and the commissioners aforesaid shall, at any time thev think proper, once in every year at least, cause the agent to produce his books and transactions subject to their inspection, and shall, upon unequivocal proof of incapacity or maltransaclion remove from oftice and appoint another in the manner herein prescribed. All bonds given by the agents shall be taken by the company, known by the name of Richard Henderson & Co. , and upon the forfeiture of any su h bond, the Commissioners heretofore nominated, shall cause the same to be prosecuted for the benefit of the company. "And be it further ordained, that once in every year the said agent shall, on application pay to each original proprietor, his private agent, attorney or assignee, his full proportion ot all moneys that may have been collected to that time, deducting from such amount only the commissions or per centum herein before allowed, and in case of tailure of the agent to so account and pay, or in case of a willful mistatement or willful wrong, such agent may be removed by a certificate thereof under the hands and seals of the Commissioners afore- said, or a majority of them, and sued on his bond by the party or parties so aggrieved '* And wiiereas it will be necessary, That frauds be guarded against in the most particular manner, it is hereby declared that every person applj ing to the agent for monejs on account of their principal, either as private agent, heir, attorney or assignees, or in any otlier character whatsoever, he shall produce from such principal a written evidence of the same, which shall be at- tested by the clerk of the county or corporation to which such principal be- longs, with the seal of the said county or corporation, and to this and no other evidence shall our agent hold himself justified in the payment of any moneys whatsoever; and in order that this ordinance shall be free to the in- spection of all and every person concerned, it is directed further, that the agent cause a copy thereof to be kept in the town of Henderson, and the signed and certified original to be made of record in the court of the county where said town lies. ''And be it further ordained. That the portion of the Iftnd lying in the cen- ter of the town, as also the three roadways, as far as they. extend through the out or ten-acre lots of the town be considered as appropriated for public use and under the municipal jurisdiction of said town in trust for those uses and no other. l7 2ri8 HISTORY OF HENDERSON COUNTY, KY. "And be it further ordained. Tint the .ngcnt or agents so appointed shall have full power and authority to contract with any person or persons for any lot or lots w iiliin the said town, and the same to sell either by public or private sale, and the same to make over in fee simple as fully and completely as the proprietors themselves could or might do were they and everj' one of them present. '* It is further ordained, That Samuel Hopkins be, and he is hereby ap- pointed agent for the execution of this ordinance, and is ve§ted with every power necessary for carrying into execution the same. •' And be it further directed, that all moneys that shall actually be neces- sary for recording or registering the deed of partition, this ordinance, or any other paper of a public nature, shall be paid by the agent out of the first moneys arising from the sale of the lots in the town atoresaid. and that the same be allowed as an exhibit in his account, as well as generally all expenses arising under the orders and directions of the company, or that may be neces- sary for carrying into effect this ordinance. " In testimony whereof, we, the aforesaid company, have hereunto set our hands and seals, this ninth day of August, one thousand seven hundred and ninety-seven. *' Signed and sealed in the presence : JOHN WILLIAMS. [L S ] JAMES HOGG, [L.S.] RICHARD BULLOCK, [L.S.] WALTER ALVIS, [L.S.J JO. HART, [L S.] JOHN UMSTEAD, [L.S.] HENRY PURVIANCE, [L.S.j • Attorney for Thomas Hart, NATH'L HART, [L.S ] L HENDERSON, [L. S ]" V ss. '< NORTH CAROLINA, Granville County,) '' We do hereby certify that this ordinance was signed, sealed and ac knowledged by the subscribers thereto, before us. Given under our hands and seals, this ninth day of August, 1797. "M. HUNT, }. P., [L.S.] "M, BULLOCK, J. P. [L.S,]" '» STATE OF NORTH CAROLINA, } Granvillr County f *' I do hereby certify that the above signed, Memican Hunt and Micajah Bullock, Esquires, are, and were at the time of signing the above. Justices of the Peace for the county aforesaid, and that all due faith and credit ought to be paid to their signatures as such. "Given under my hand and the seal of the county aforesaid, this ninth day of August, 1797. "A. HENDERSON, Clerk." HISTORY OF HENDERSON COUNTY, KY. 269 "STATE OF KENTUCKY, ^-ss. Henderson County. 'T, John David Haussman, clerk of the county aforesaid, being duly author- ized by law to receive, admit and record deeds and other writings in my office, do hereby ceretify that the foregoing ordinance, with the two certificates an- nexed, was produced to me in my office in the town of Henderson, by Samuel Hopkins, agent for Richard Henderson & Co., on the twenty^ninth day of October, 1799, and that the same is duly recorded ' Given under my hand the day and year aforesaid. "JOHND. HAUSSMAN, C H C" From 1800 to 1819, twenty-nine lots were donated by General Hopkins, and one hundred and twenty-seven sold, John J. Audubon becoming the purchaser of four of them. Many of the aforesaid pur- chasers were non-residents, and when it is considered that General Hopkins was nineteen years in donating and selHng, for nominal sums, one hundred and fifty-six lots out of two hundred and sixty-four, it will be agreed that the growth of Henderson was distressingly slow. FIRST TAVERNS, ETC. The first licensed tavern of which we have any knowledge, was that granted Michael Sprinkle, Jr., to be kept in his log house, then standing on lot No. 15, where Barret & Co.'s factory now stands ; this license was granted by the second C'ounty Court, held in the county June, 1799. He was required to give bond in the sum of one hun- dred pounds that he would not permit gaming or any one to drink '■'' 77wre tha7i necessary,^' or to be guilty of any '■'■ scandelous or disorderly behavior^ At the same meeting of this court, Andrew Burke was ap- pointed surveyor of the streets of the town, and ordered, together with all of the male laboring tithables living in the town, to keep the streets in repair, and open the roadways through the same. Drs. Adam Rankin and James Hamilton came to Henderson in 1800, and practiced their profession up to the time of their death some years afterwards. They were the first practicioners. The re- cords of the County Court from 1800 to 1816 are lost, as are also the records of the town from 1810 to 1823, therefore all official acts, associated with the history of the town during that time, are blotted out. This fact is mentioned here by way of apology for the absence of matter during those lost years. The first ferry license granted by the County Court, was to Jonathan Anthony in 1802, from the Town of Henderson to the Indiana Territory opposite. 260 HISTORY OF HENDERSON COUNTY, KY. TOWN INCORPORATED. In 1810 the town was incorporated, having a population of one hundred and sixty persons, and a voting population of thirty-five. The first tax levy was twenty cents on the one hundred dollars of real property, and a specific tax upon several kinds of personal property. From 1784 to 1823, the following persons kept tavern in the town, in the order of their names : Mrs. Hannah Dunn, Samuel Bradley, Michael Sprinkle, Hugh McGary, Joseph Fuquay, James B. Brent, Ephraim Sellers, Peter Green. Jonathan Bradshaw, Joseph Cowan, William Anthony, Thomas Anderson, Joshua Mullin, James Gobin and Gabriel Holmes. The following ministers occasionally preached: James McGready and Samuel Hodge, the great revivalists, Daniel Banks, Daniel Comfort, James McMahon, Samuel Julian and John Dorris. The following physicians practiced : Adam Rankin, James Hamilton, Levi Jones, Owen Glass, Nathaniel Gaither, Henry Grant, Thomas J. Johnson. From 1784 to 1823, the following persons were identified with the business interests of the town : John Dunn, George HoUoway, Presly Thorton, William Anthony, Ephraim Sellers, George Holloway, Wilson Marshal & Co., Joseph Fuqua}^, Daniel Jones, Thomas Anthony, William and Samuel Bowen, John J. Audubon, Audubon & Bakewell, Philip Jett, Philip Barbour, Nicholas Horseley, Ingram & Posey, Richard Atkinson & Co., James M. Hamilton, Cap- tain Francis Walker, Moses Morgan, and Nimrod Bishop In the year 1811, Philip Barbour erected a one-story tobacco, hemp, cotton and pork warehouse, 35x60 feet, on lot No. 5, a portion of which is now occupied by Woodruff Hall. This was the first build- ing of the kind, or of any importance, built in the town up to that time. In 1812, Thomas Towles was appointed overseer of the streets, and an act was passed by the Legislature authorizing the Trustees of the town to levy and collect a tax, not exceeding sixty dollars. This same year the old Johnson brick, which stood on the corner of First and Main Streets, was built. SOLDIERS organized. In September of this year, the greater part of the military divis- ion of General Samuel Hopkins, organized to move against the Kick- apoo Indian villages in northern Indiana, rendezvous at Henderson, and marched overland to the scene of action. Among the many vol- unteers from Henderson, were Captain James Barbour and Robert Smith, father of the present County Clerk ; John King, father of our present respected citizen, P. H. King. HISTORY OF HENDERSON COUNTY, KY. 261 They were misled by guides, and after wandering over the prai- ries for some days to no purpose, were disbanded and returned home. Findins: the amount of tax for which the Trustees of the town were authorized to levy and collect,insi^cient,at the January session 1814,of the Legislature, an act was passed authorizing theTrustees to levy and collect " any sum, in any one year, not to exceed two hundred and fifty dollars." OLD BUILDINGS. In 1814 William and Samuel Bowen erected a large frame one- story tobacco inspection warehouse on lot No. 4, corner Second and Water Streets. During this year the following houses, yet standing, were built : The old Posey two-story brick, standing midway of the square, between Main and Water on Second Street, built by N. F. Ruggles, and occupied as a residence and storehouse. The old one- story frame on the corner of Fourth and Main, built by Rev. Daniel Comfort, and afterwards occupied in succession by William and Sam- uel Bowen, Nicholas Horsely and John J. Audubon, as a residence and storehouse, and then by A. B. Barrett, William S. Holloway and others as a residence. In the spring of 1814, Wyatt H. Ingram and Fayette Posey, un« der the firm name of Ingram & Posey, built a frame tobacco ware- house near the center of the square, and upon the ground now occu- pied by A. S. Winstead's storehouse, and in 1815 handled six hundred and eighty-four hogsheads of tobacco, while the Henderson warehouse on the corner below handled three hundred and eighteen. HARD TIMES. During this year, and for many years previous, money was very scarce, and the greatest privations were experienced on that account. A meeting of the citizens of the county was called to suggest a remedy. This meeting was held on Saturday, November 12, 1814, and was largely attended. Walter Alves was appointed chairman and Am- brose Barbour secretary. Waiter Alves, James Hillyer and Philip and Ambrose Barbour, were appointed to correspond with certain Lex- ington gentlemen, in regard to petitioning the Legislature for a score of bank charters. It was resolved to f)etition the Legislature for a charter for a bank at Henderson, and James Hillyer, Philip Barbour and William and David Hart prepared the petition. Philip and Am- brose Barbour, James Hillyer and Thomas Towles were appointed to attend the Legislature. A committee was appointed to raise funds to defray expenses and then the meeting adjourned. The committee, 262 HISTORY OF HENDERSON COUNTY, KY. consisting of Thomas Towles and James Hillyer, attended the meet- ing of the Legislasure, and in the course of time a perfect flood of bank charters were passed, and among the number the " Bank of Hen- derson." This concern was organized with Captain Samuel Ander- son as president, and James Hillyer cashier. It commenced business in a log house, which stood on the southeast corner of Main and Sec- ond Streets, and delegated Captain Daniel McBride to visit Philadel- phia on horseback for the purpose of having their circulating notes printed. They then determined to erect a banking house, and to that end purchased the northeast corner of lot No. 49, and commenced the building in 1818 of the two-story brick now owned by Hugh Kerr, and occupied by Kerr, Clark & Co., as a tobacco office. The bank failed about the time, or just before the house was completed. The building was then purchased by Joseph Cowan and completed. It was originally a three story house, but owing to the insecurity of the upper walls the third-story was taken off and the house reduced to a two-story, as it is at the present time. This old landmark, from the time of its completion, up to the time it was purchased by Mr. Kerr, was used as a tavern, having been occupied by Joseph Cowan, Rob- ert Speed, James Hicks, Leonard H. Lyne, Mrs. Brent and others. In the spring and summer of 1819, Richard Atkinson & Co. estab- lished, about midway of the square, on the west side of Second, be- tween Main and Water Streets, a large tobacco warehouse, which was operated up to the year 1844. During this year Dr. James M. Ham- ilton owned and carried on a blacksmith shop located on the Public Square. TOWN ELECTION. Robert Terry, Obadiah Smith, Thomas Herndon, Captain Fran- cis Walker, were elected trustees of the town. The election was an exciting one, yet only twenty-one votes were polled. The candidates at this time were Robert Terry, Oba Smith, Thos H. Herndon, Lazarus Powell, Levi Barden, Captain F. E. Walker, William Williams, Robert Speed, Moses Morgan, W. H. Ingram. The voters were Robert Speed, Samuel Crosby, Joel Lambert, James Hill yer, Samuel Hopkins, J. B. Pollitt, Hancock Grigsby, William Jett, George Barnard, Obadia Smith, Bennett Marshall, Moses Morgan, Fayette Posey, James Wilson, Joshua Mullen, John A. Judah, William Williams, William Rankin, Ambrose Barbour, Jonathan Anthony, Daniel McBride, twenty-one all told. In 1820 Mrs. James B. Brent kept tavern in a little log house which stood on the corner of Third and Main Streets, the same ground HISTORY OF HENDERSON COUNTY, KY. 1263 now being occupied by D. R. Burbank's factory. In this house, or in the road near by it, is where Captain Ed. McBride received his wound, which will go with him to his grave. The old shanty was afterwards familiarly known as Rat Castle, -s. OLD MAN SPIDEL Became known as the best tavern keeper in the town, and at that time occupied the old Johnson brick on the corner of Main and First Streets. Prior to this time he operated a slaughter house on the point of land opposite Powell Street on the river bank, and furnished the town with fresh beef, pork and mutton. The Legislature of 1820-21, as mentioned in a previous part of this work, chartered the Commonwealth Bank. The branch for this district was located at Hartford, in Ohio County. James Hillyer, father of our aged and respected fellow citizen, Judge P. H. Hillyer, was appointed a director for Henderson County, and as such had con- trol of the business of making loans and receiving moneys for that bank. He made frequent visits to Hartford for the purpose of get- ting money, and for paying money collected of borrowers. THE PUBLIC SQUARE. By the ordinance of the ninth day of August, 1797, the Transyl vania Company appropriated all of that territory in the center of the town bounded by Water, and Green and Upper First and Lower First, or Washington Streets, for public uses, and or- dained that it be under the municipal jurisdiction of the said town in trust for those uses and no other. A few vears thereaf- ter, General Samuel Hopkins, agent for the company, caused two acres to be surveyed oft" this plat, to be given the County of Hen- derson for public uses, and from that time a system of land grabbing was inauguated, and never settled until about eighteen years ago. In 1821 it was represented to the Legislature of the State that the citizens of Henderson County desired to sell a portion of the Public Square in the town for public convenience and public pur- poses, and, in conformity to that representation, an act was approved December 6, making it lawful for the County Court of Henderson, a majority of all the Justices of the county forming said court, to make such an order as to them might seem expedient for a sale and con- veyance of a portion of the Square, not exceeding one acre, the pro- ceed to be applied towards lessenmg the county levy. This was never done. The original Transylvania Company was composed of Richard Henderson, Thomas Hart, Nathaniel Hart, William Johnson, James 264 HISTORY OF HENDERSON COUNTY, KY. Hogg, John Williams, John Luttrell, David Hart and Leonard Henly Bullock, the first seven owning equal interest, being one-eighth each, and the last two owning one-sixteenth each. At the date of the or- dinance, August 9, 1797, only three of the original partners were liv- ing, namely, Thomas Hart, James Hogg and John Williams. The or- dinance was signed by John Williams, James Hogg, Richard Bullock, Walter Alves, John Hart, John Umstead and Henry Puviance, attor- ney for Thomas Haft, Nathaniel Hart and L. Henderson. CHARLES BUCK TROUBLES. In 1821, one Charles Buck, claiming to be the sole heir of John Luttrell, deceased, appeared on the ground and asserted claim to one- eighth part of the entire town of Henderson, including lots, streets, alleys and public grounds, and for the recovery thereof instituted ac- tion of ejectment in the Circuit Court against those who had pur- chased lots from General Samuel Hopkins, agent of the company. He denied the validity of the ordinance, and, also, that the town was legally established, or that the said ordinance was signed or pub" lished by persons having right or authority to make or publish the same. Pending this suit an arrangement and compromise was ef- fected between Buck and the citizens and lot owners, whereby the said Buck, in consideration of thirteen hundred and fifty dollars, dis- missed his bill, and by deed relinquished his entire claim to said lots, streets, alleys and public grounds to the citizens and lot holders. This thirteen hundred and fifty dollars constituted a fund raised by the lot owners, who had purchased from General Hopkins prior to the com- ing of Buck. Before the compromise between Buck and tlie lot own- ers, at least before the date of the deed, an allotment of in and out lots was made to him by order of the County Court. Buck claimed to hold, by deed, John Luttrell's one-eighth share in the grant made by the State of Virginia to Richard Henderson & Co. Edmund Tal- bott and G. Ormsby, Commissioners of the Court, allotted to him as his share, or eighth part, in or one acre lots, running serially from 145 to 1/5, both inclusive, on Water Street Square, also on Main and Third Streets, from 193. to 220, inclusive. Also on Third and back streets, all of the lots by numbers in regular progression, from lot 237 to 264, inclusive. Also, five lots on Main and Third Streets, making in all ninety-three lots of one acre each. Also, of out lo's of ten acres each, the following lots as numbered in said plat, viz.: Nos. 25, 26 and 24, the lots now allotted or assigned to the said Buck as aforesaid, in and unto the aforesaid, in lots and out lots so numbered and stated above, are of the one acre lots numbered 217, 218, 219, HISTORY OF HENDERSON COUNTY, KY. 265 220, 258, 238, 289, 240, 237, 193, 194, 195 and 196, making thirteen lots of one acre each. Also, of out lot No. 26, his portion the quan- tity of three and three-quarters of an acre, and determined that he be entitled to receive and reco\5er of the other partners the sum of ten dollars sixty-two and a half cents as a balance due him in this al- lotment. In his deed to the citizens Buck relinquishes his claim alone to such lots as had been donated and sold by General Hopkins. The following is a copy of Buck's deed : " This indenture made this first day of July, 1825, between Charles Buck and Mary, his wife, of the County of Henderson and State of Kentucky of the one part, and George Morris. Nathaniel F. Ruggles, Daniel McBride and all other holders of lots in the town of Henderson, county aforesaid, of the other part. " Witnesseth, that whereas the said town was laid off at a place called the '* Red Banks " on the Ohio River, and the lots have been generally sold out or disposed of by the late General Samuel Hopkins in the character of an agent for Richard Henderson & Co., proprietors of the land on which the land is situated, and whereas the said Charles Buck hath commenced suits and asserts claim to, and interest in said town lots. In order to the quiet and final ter- mination of said Buck's claiin to the lots in said town hereafter expressed and set down, they, the said Charles Buck and Mary, his wife, of the first part, for the consideration aforesaid and the further consideration of thirteen hun- dred and fifty dollars in specie in hand paid by the said Morris, Ruggles. Mc- Bride and others, the holders and claimants of lots in the said town, of the second part, the said Charles l^uck and Mai'v, his ivife doth hereby relinquish, make over, assign and convey, and by these present hath relinquished, made over, assigned and transferred unto the several lot holders, claimants or occu- pants of lots or parts of lots in said town, according to the several port'ons or proportions they now hold or claim, and to their heirs and assigns forever all the right, tittle, interest, claim, and demand of them, the said Charles Buck and Mary, his wife, in and unto the said lots or parts of lots or parcels of ground in said town of Henderson, with all and singular their appurtinances thereunto belonging, or in anywise appertaining, together with all their inter- est in the fraction of ground in the center of the town called the " Public Square," and of all the several cross streets and streets above fourth cross street below the " Public Square," all of which together with the lots hereby intended to be conveyed, will be better explained or designated by the plan or plat of said town recorded in the office of Henderson County in Deed Book •' A," the only exception to the plan or plat aforesaid is that the street nearest the River Ohio, commonly called Water Street, is- agreed upon by all parties, shall be reduced to the width of one hundred and twenty-five feet instead of two hundred feet as marked out in said plat, to have and to hold, etc., etc." Hardly had this deed been signed and acknowledged and the lot owners permitted to take one long breath, before other Rich- 266 HISTORY OF HENDERSON COUNTY, KY. monds appeared on the field of judicial controversy and asserted a claim to even more of the town than Buck had claimed. In the year 1S25, Amelia Alves, widow of Walter Alves, de- ceased, one of the signers of the ordinance of 1707, and William J. Alves, James Alves, Robert Alves, Haywood Alves, Walter Alves, Ann Henderson, late Ann Alves, Thomas Towles and his wife, late Elizabeth Alves, heirs of the said decedent, and Richard J. Hart, heirs of Richard Pienderson & Co., asserted claim to five-sixteenths of the town, including lots, streets, alleys and public grounds. They were about instituting suit when the Trustees and citizens of the town, all more or less personallv interested, became alarmed and held a o:reat public meeting at the Court House, at which they horned a proposi- tion remarkable for its liberality, especially as it did not cost anyone of them a single farthing. This meeting did not appoint a committee to confer with the new claimants, nor did they offer to take out of their own pockets a sufficiency of silver and gold to release their town lo s, but with modest liberality fell upon the following proposi" tion : PROPOSITION OF CITIZENS. •' We will give to Amelia Alves. the heirs of Walter Alves, deceased, and Richard G. Hart the following described property, to-\vit : To Richard G. Hart the upper half of lot No. 3, agreeably to an amended plat gotten up by themselves. (Lot No. 3 is the square bounded by Main and Water and Up- per First and Lower First or Washington Streets, the same one on which the Barret Mouse is located, and was a part of the Public Square donated for public uses ) To the Alves' heirs, Ann Henderson. Thomas Towles and wife, the re- maininghalf of the aforesaid lot No, 3 conveyed to Hart, and all that portion of the Public Square contained between Upper First and Lower First or Washington, and Flm and Green Streets, and numbered on their amended plal one and twjo. We will also petition the Legishiturc to reduce the width of Water Street from two hundred feet to one hundred and twenty-five, and will convey to Richard G. Hart and the above named heirs of Walter Alves. deceased, and Amelia Alves, heir of William Johnson, aU of our right title and interest in and to that portion of Water Street, which remains after reduc- ing said street to one hundred and twentv-five feet. We will also convey all of our interest in and to the streets below fourth cross street below the Public Square, for a relinquishment to us of all claims upon otir lots, purchased from General Samuel Hopkins, agent ot the company." It is represented that the meeting held at the Court House was attended by a large majority of the citizens and lot holders of the tOMm, and that a petition was prepared and and then signed by each man in the meeting, praying the Legislature to pass an act authoriz- ing the sale of that portion of the Public Square between Elm and HISTORY OF HENDERSON COUNTY, KY. 267 Green, and Upper First and Lovver First Streets, the square between Main and Water and Upper and Lower First, and reducing Water Street from two hundred feet to one hundred and twenty-five feet in width. This proposition was tfien made to the claimants and by them accepted. Nothwithstanding the -ordinance of Richard Henderson & Co., made and signed, August 9, 1797, and the sale of lots thereunder, from 1800 to 1819, not one of the lot holders offered to contest the claim of Alves and Hart, nor did the Trustees of the town— who were interested parties. But they were willing to convey property which had been given for public uses and no other. Alves and Hart accepted the proposition of the citizens' meeting, and thereupon on the first day of July, 1825, the following indenture was entered into bv the citizens : CITIZENS TO ALVES AND OTHERS. "This indenture made and entered into this first day of July, 1825, be- tween the citizens and present lot holders of the town o^ Henderson of the one part, and Amelia Alves, WilHam J. Alves, James Alves, Robert Alves, Haywood Alves, Walter Alves, Ann Henderson, late Ann x\lves, Thomas Towles and his wife, late Elizabeth Alves, and Richard G. Hart of the other part, witnesseth that for and in consideration of certain rights relinquished by the parties of the second part to the parties of the first part bv deed of this date, also the further consideration of one dollar, the receipt of which is here- by acknowledged, the parties of the first part have this day bargained and sold, and by these presents doth bargain, sell, alien and convey unto the parties of the second part, the following described lots of land in the. following manner, to-wit : " That is the parties of the first part alien and convey unto Richard G. Hart of the second part, the upper half oi lot No. 3, agreeable to an amended plat of said town, herewith filed and made apart of this deed, being the upper half of that part of the Public Square contained between the first and second streets from the river, and parallel thereto, and the parties of the first further alien and convey ynto the Alves's. Ann Henderson, Thomas Towles and wife the remaining half of the aforesaid lot conveyed to said Hart, and all that portion of the Public Square contained between the third and fourth streets of said town trom the river, and numbered on the said amended plat by the num- bers two and three, and the said parties of the first part relinquish and convey un o the said Richard G. Hart and the above named heirs of Walter Alves, de- ceased, and the above named Amelia Alves, the heir ot William Johnson, all their right title and interest in and to all that portion of Water Street which remains after reducing said street to one hundred and twenty five feet, which they have derived under the ordinance ot Richard Henderson & Co., in estab- lishing said town, reserving to Nicholas Berthoud the land leased to Thomas Pears & Co., during the term of that lease, and it is understood that the par- 268 HISTORY OF HENDERSON COUNTY, KY. ties of the first part convey no interest which they have in and to any of the streets in said town, except Water Street aud the streets below fourth cross street be- hnv the Public Square. •' In testimony whereol we have hereunto set our hands and seals the day before mentioned, and it is further understood that all the cross streets run through to the river. ROBERT TERRY, [seal.] D. McBRIDE, [SEAL.] GEORE MORRIS, [seal.] WILLIAM D. ALLISON, [seal ] JOHN W. MOSELY, [seal.] YOUNG E. ALLISON, [seal ] RICHARD W7VLDEN. [seal.] W. SOAPER, [seal.] JOHN SPEIDEL, [seal.] BENNETT MARSHALL, [seal.] JAMES GOBIN, [seal ] JOEL LAMBERT, [seal.] WM. R. BOWEN, [SEAL.] JOHN H. SUBLETT, [seal.] W. H. INGRAM, [SEAL,] SAMUEL STITES, [seal.] CALEB FELLOWS, [seal.] JOHN J. TRUMPETER, [SEAL.] HORACE GAITER, [seal ] JAMES HILLYER, [seal ] GEORGE ATKINSON, [seal.] NATH'LF. RUGGLES, [seal.] WILLIAM ANTHONY, [SEAL.] SUSAN R. SHACKELFORD. [SEAL ] WESTON ANDERSON, [seal.] OWp]N GLASS, fsEAL.] DANIEL B. TAYLOR, [seal ] N C HORSLEY, [seal ] JOHN LOGAN, [seal] JOHN ANTHONY, [seal ] J. B. POLLITT, [SEAL.] "COMMONWEALTH OF KENTUCKY, ) r SS* ' Henderson County, i '■ This instrument ot writing was produced to me in my otiice on the ninth day of July, 1S25, and acknowledged by the grantors therein to be their act and deed for the purposes therein expressed. Whereupon this deed is duly recorded in my office. "Attest: WILL D. ALLISON, Clerk. '•Bv Y. E. Allison, D. C." HISTORY OF HENDERSON COUNTY, KY. 269 In return for this kind act, on the part of the citizens, Messrs. Alves and Hart, and those associated with them, conveyed on the same day to the citizens certain lots, being with a few omissions and additions, the same lots conveyed a short time previous by Buck, and the same lots sold and donated to the lot holders by General Hop- kins. In addition to this, they relinquished all claim to the streets lying above fourth cross street lelow the " Public Square," but not below that street. Water Street was excepted, beyond one hundred and twenty-five feet in width. In this deed, was also included " Park " and " Court House " Square, as now located. Subsequent to this, to-wit : on the twentieth day of April, 1826, James Alves, who claimed by inheritance and purchase, that he was entitled to five-sixteenths of the river front, applied to the Countv Court for an allotment of his proportion of the land. The order was granted, and Edmond Talbott and George Ormsby, two of the Com- missioners appointed by the County Court of Henderson County to divide lands and make conveyance therefor, agreeably to the act of the General Assembly, proceeded to make the allotment, and by inden- ture conveyed the following described property : COMMISSIONERS TO JAMES ALVES. "' All those several tracts, parcels and lots of land situated in said Town of Henderson, as reduced by the Legislature in November, 1825, between the Ohio River and Water Street, lot of ground beginning at Mill Street, (now Second Street), and extending up to fourth cross street ; also lot lying at the upper end of the town opposite lots Nos. 41 and 44, also one lot lying at the lower end of the town, and lying opposite lots Nos, 141 and 144. NOW THEN, In order to clinch this trade, and give to it a legal recognition, the Legislature was induced to pass the following act, which was ap- proved January 18, 1827. ''Sectiox 1. Be it enacted, etc. That the front, or Water Street, in the ToAvn of Henderson be, and the same is hereby reduced to the width of one hundred and twenty-five feet. •'Sec. 2. That the arrangement made and entered into betwixt the cit- izens and lot owners, in the Town of Henderson, and Richard G. Hart. James Alves and others, whereby the citizens and lot owners aforesaid, relinquished portion of the Public Square and Front Street to said Hart, Alves and others, be, and the same is hereby ratified and fegalized, so far as it effects the tnterestz of the parties to the arrangement or compromise aforesaid," 270 HISTORY OF HENDERSON COUNTY, KY. The closing sentence of the act shows conclusively that the Leg- islature doubted the legality of the compromise, and ratified it only as to the parties interested, and not as to the public. By the terms, stipulations and agreements in the compromise, the limits of the town were reduced by act of the Legislature, approved November '21, 1825, and all that portion of the town below Fourth Street, below the Public Square, including the river front, streets and all, bcame vested in James Alves and other parties to the compromise, and has been held in peaceable and adverse possession from that date. Thus, it will be seen that the Trustees and citizens of the town, in 1825, saved their own town lots, which had been donated, or pur- ch.ised for a nominal sum by bartering away property donated for pub- lic uses, and in which each one of them had no more interest than any citizen now- has in the Public Square, yet left in the town. Equally as unheard of, the sulisequent Trustees acquiesed in the compromise until the supposed statute of limitation estopped the town from asserting title or claim to any part except the riverfront. Not satisiied with giving up two-thirds or more of the public ground do- nated by Richard Henderson & Co., the citizen lot holders gave up so far as it was in their power the river front. They bought Buck off by paying him thirteen hundred and fifty dollars, because he would not compromise for land, which did not belong to them. They com- promised with Alves and Hart because they were willing to take this land — and were perhaps glad to do so — ^and because they did not de- mand money, and again, it was an easier matter for the lot holders to pay in something which did not belong to them than something which did. In 1850, the Trustees of the Towm of Henderson contracted with William B. Vandzandt for widening or enlarging the wharf or passage- way down the bank at the foot of second cross street. At that time Water Street was under the agreement between the citizens and lot owners, and Alves and Hart, recognized to be only one hundred and tvventy-flve feet in width, and the strip of land seventy-five feet or more in width, extending out beyond the street, was claimed by James Alves. When Vandzandt began excavating this strip of land for the purpose of carrying out his contract, he was enjoihed by James Alves, and that brought up the full question of title. The Trustees of the town, to-wit : Dr. Thomas J. Johnson, John McBride, David Clark, William S. Holloway, William B. Vandzandt and George M. Priest, in answer to the cross bill filed against them by Vandzandt, denied HISTORY OF HENDERSON COTNTY, KY. 271 the title claimed by Alves, and made their answer a cross bill ag inst him, and prayed that he be made a defendant thereto, and compe'led to exhibit his title to said strip of land. They asked that the respect- ive rights of Alves and the town be adjudicated, and that a decree be granted forever quieting the title of the town, and that he be enjoined and restrained from asserting claims or interfering with the use and quiet possession of the same by the public, and the said Town of Henderson. A number of depositions were taken on both sides and of course, the "- old sell oiif or compromise, made 'by the citizens and lot owners in 1825, was thoroughly ventilated. The follo'wing interrogatory and answer, bearing upon this sub- ject is found in the deposition of Rev. Joel Lambert: "•Question. — What reason had jou for paying off Buck with your individ- ual money, and buying off Alves' claim by conveying to him land dedicated to public uses — why did you make the difference? "■Answer. — The reason I consented to pay Buck money to extinguish his claim was, he would only take money oj w^, and the reason I consented to make distinction between them, Mr. KUeazvould lake thai claim and release me " Also, in a deposition of Samuel Stites, who was Chairman of the Board of Trustees of the Town, the following interrogatory and an- swer is found : ^'Question by James Alves. — Did you not own some property in 1825, when the compromise was made with Charles Buck, and did you not pay your pro- portionable part of the money raised to pay Buck for his relinquishment of claim upon the lots in the Town of Henderson .? "^.— In 1825 I had but little property in town! I contributed some money to get Charles Buck to relinquish his claim upon the town lots. I signed the deed of compi-omise (^as it is called), which was entered into in 1825, between the citizens and lot holders ot the Town of Henderson, and Alves and Hart. I signed said deed merely to quiet matters, I did not consider my signing the deed oi any value, having no claim to convey and so stated at the time." Dr. Owen Glass testified in answer to the question : " At whose instance and by what authority did you sign that deed.? " I declare J do not recollect now, I signed iX. as a favor to whoevar asked it, as men usually sign petitions, without feeling any personal interest or refection of any kind. 1 felt \villing to do anythmg in my power to settle the disputes ot the town." William D. Allison testified : '• There were several actions of ejectment depending in the court at the dateof the deed to Charles Buck, and I understood that the object of the ar- rangement was mentioned as a compromise of Buck's claim to the town lots. 1 felt no personal interest in the matter at the time, and signed the deed merely as a favor to whoever requested j?ie, just as men sign petitions without consider- 272 HISTORY OF HENDERSON COUNTY, KY. ing the eft'ect, / remember hearing of some objection made, that the citizens had no poiver to convey the streets ajid Public Square. I did not know that Alves claimed any part of the town lots, until the deed wa$ presented, but had heard it spoken of as a compromise of Buck's claim. Heard Buck say that he (Buck) had car- ried ihe " l)lack log," and others got all the town property. Thid hehore the odinni of disturbing the titles, and got nothing lor it " Y. E. Allison testified : *' Deponent would state that he moved to this place in September, 1824, at that time one Charles Buck had sundry suits in ejectment pending in the Henderson Circuit Court against persons in the country to recover an interest which he claimed in Henderson & Co.'s Giant, derived from one Luttrell Deponent recollects welT of hearing George Morris and many other citizens of the town talk about Buck's suits ruining the prospects of the town and county ; that unless Buck's claims could be quieted the place never would improve, that no man would buy property here, with the almost positive certainty of be ing sued for it. Things went on that way until some time the next summer, then the said George Morris and Nathaniel F.Ruggles, hit upon apian, as the thought, to quiet Buck's claims against the town. The plan was for the cit- izens and lot holders of the town to sell and convey to Buck, ten acres of the Public Square, and all that part of the river front, which lay between the first range of lots and the river, after reducing Water Street to one hundred and twenty -five feet, and Buck to con\'ey to the citizens and lot holders all the in- terest w^hich he claimed to any lot or lots in said town, lying above fourth cross street, below the Public Square. After discussing this plan some time, the said Morris, Ruggles and others set about carrying their plan into operation; thev talked with the most extensive land holders about town, and entreated them to come forward and assist in quieting Buck's claims. Justat this point, I first learned that Alves and Hart had claims against the town, as well as Buck, and it was said, they were waiting to see how Buck would come out; that if he succeeded, they would sue for their interests, said to be much larger than Buck's. The plan of compromise was then changed, in this, that the ten acres of the original Public Square, and that portion of the river front before spoken of, was to be conveyed to Alves and Hart, and a sum of money raised by the citizens and lot holders, to be paid to Buck to extinguish his claim. De- ponent was then deputy clerk of the Henderson County Court, and when the deed of compromise was drawn up and ready for execution, he (in com- pany with the late Captain Daniel McBride, who went with him. and collected what money was to be raised for Buck, or to make such arrangements in tak- ing notes as satisfied Buck), went round and waited on most of the signers to said deed at their residences and places of business They all signed it cheer- fully. The said compromise was entered into in good faith, for the purpose of quieting the titles to town property, and everybody seemed to be not only sat- isfied, but delighted with the arrangement. "James Alves has regularly listed said property for taxation, ever since 1840, and has as regularly paid the tax on the same up to, and including the year 1852." HISTORY OF HENDERSON COUNTY, KY. 27^ These gentlemen were among the citizens who signed the deed to Alves and Hart, and no doubt all of the other signers were gov- erned as they were, except those largely interested, and they were looking out for self-interest, of course. A short time after the com- promise, Mr. Alves caused the two squares between Upper First and Lower First, and Oreen and Elm Streets, to be fenced in with rails, and for one or two years cultivated the two in tobacco or corn. From 1832, he sold and leased lots, and annually assessed the property for taxation. While it was generally believed that his claim against the town really amounted to nothing, yet he and Hart were permitted to hold the three squares, the two back of Elm and the one between Main and Water, without molestation by the town authori- ties or any citizen. On the tenth day of February, 1827, Richard G. Hart sold to John Spidel one-half of the square now occupied by the Barrett House, and during that year Spidel built two stories of the main house now standing. The house was originally two stories. In the suit concerning the river front, the court held that the deed from the citizens to James Alves did not pass title, but that the property be- longed to the public. The case was taken to the Court of Appeals, and in July, 1855, Judge Marshall affirmed the decree. Thus ended a hot\v contested controversy, resulting in breaking up one of the most amusing, if not unheard of, bargains and sale ever entered upon the records of a county deed book. No blame can attach to James Alves and Richard G. Hart, however, for they w£re fortunate in get- ting what they claimed without much persuasion or threatening, and it would have been no more than natural for them to have accepted the whole town if the Trustees and citizens had so deeded it. On the fourteenth day of October, 1854, the Trustees of the town instituted suit against the executors of James Alves, and other per- sons who held title under him, by purchase, for that portion of the Public Square deeded to him by the citizens in 1825. This suit was tried, and the claim of the defendants established by right of posses- sion. It was thought now that all disputes concerning the title to our public grounds were finally and forever settled, but in 1859, as will be seen in the preceding history, the County of Henderson laid claim to the strip of land running from Center Street to first upper cross street, and lying immediately in rear of the Court House. There was a long and hotly contested suit between the county and the town, but the latter was successful. The city now claims, and has left of 18 274 HISTORY OF HENDERSON COUNTY, KY. the five beautiful squares and streets, the Public Square between Main and Elm and Center and first lower cross streets, and the little strip of ground in rear of the Court House, and may safely congratu- late herself she has that much. This Public Square has never been put to the use for which it was donateci, technically speaking, yet it has cost a considerable sum of money at various times. I'hj old Union Church, the first church ever built in the town, stood upon its graceful hill side, from its build- ing, away back in 1825, to the time of its tearing down. Calvin Sugg, William Wurnell, and a half dozen others, were hung beneath its shades. Hundreds of country horses, teams, etc., have found a pleas- ant hitching place there, and many a circus tent has been pitched upon it, and many a side-splitting laugh indulged at the turn and wit of the clowns, old Dan Rice among the number. In 1856, this poor, neglected spot received the attention of the city fathers, as a sort of paliative for the negligence of the past. It had been permitted to wash, and wash, until not only the street, but half of the square had washed into the Ohio River; this half, how- ever, had been put to public uses, for during the winter months it was a favorite resort for skatorial enthusiasts, and during the summer for small fish and frog anglers. In 1856 it was filled up, and early in the spring of 1857 fenced, for the first time, with a plank fence.* This evidence of progress and good taste was sufficient to unloose all of the pent up poetry and sentiment of Judge J.Willie Rice, who at that time was a contributor to the columns of the Reporter, over the pe- culiar nom deplume "Squibob." "Squibob" wrote as follows : " THE PUBLIC SQUARE. ** ' Squibob ' rejoices to announce to the belledom, and the buckdom of Henderson, that the Public Square is in process of improvement that the in- tense Ibngings of their hearts are ere long to be realized, that 'neath the soft moonlight of a summer's sky, whilst sweet flowers cast their incense upon the breeze, and pearly dew drops glisten on the leafy branches, they can sit at eventide and tell their vows of eternal love. But, gallant youths and fair maidens, let not the bright scene which imagination would picture, or the de- light with which fancy vrould invest so romantic a trysting place, repress for the present the feelings that well up in your hearts. The young trees, with all their virginal beauty, possess yet naught of the romance characteristic of love's recesses, while the grassy slopes and graveled walks as yet lend no beauty to that spot which hereafter will be hailed as an ' Elysium on earth.' If Squi- bob's heart were thrilled by the holy passion of love, he would not wait for * the good time coming,' with its dew drops and moonlight, but would ' work while yet it is day.' Though such scenes, commemorated and embellished by novelists of all times, possess an interest for the romance of his heart, he says HISTORY OF HENDERSON COUNTY, KY. 275 to his voung friends, wait not for the dim tuture in the bright noonday of the present. Those who are yet in the early spring time of youth can watch the grass as it decorates the 'square' wiih its verdure, and count each leaf and twig as Ihey add new beauty to the scene. When, within its lovely confines, each one has wooed and won the maiden of his choice, he will raise his heart in thanks to the ''City Fathers' whohave provided so sweet a spot. Aryi when hereafter he will pass that grove, with his dear one on his arm, and prattling infancy bv his side, he may well exclaim in sweet accents : *• Dost thou remember that place so lonely, A place for lovers, and lovers only, Where first I told thee all my secret sighs } When, as the moonbeams that trembled o'er thee, Illumed thy blushes, I knelt before thee, And read m^' hope's sweet triumph in those eyes. Then, then, while closely heart was drawn to heart, Love bound us never, never more to part." " Squibob " was evidently a man of taste, and pictured in his poetic way what should have been done, but never was, until this good year, 1887. The surface of the long-neglected ground has echoed the matchless eloquence of early preachers. It has been the scene of sorrow and sadness, as it has been the scene of joy and gladness. It has been a camping ground of the soldiery. It has been hacked and abused, and to-day, after a varied life of eighty- seven years, stands before the eyes of the citizens (owing to their re- cent liberality) a beautiful park, inclosed by a handsome iron fence, a gift from the county through the good taste of its Magistrates. It is otherwise adorned and beautified, and in the course of tim-^. will become a lovely spot. Thus, " Squibob's " poetic dream has become an actuality. UPS AND DOWNS. From 1810 to 1830, indeed we might say up to 1867, Hender- son seems to have struggled with perilous travail for a mere existence. All accounts go to show that her progress was rather of the retro- grade and backward nature. The river bank was a source of im- mense annoyance, and all the while the system of engineering was most brutal and suicidal. Ditches were dug down Water Street to First, and in Elm to Main and down Main to Lower First, as a sys- tem of drainage. They were dug down Third to Water, and down Fourth to Water, and in every instance where the oulet was there was a wash made in a short time which it would take thousands of yards of earth to replace. Thus it was that all of the ugly ravines, gradually but slowly working their way into the very heart of the town, were made. Water Street, with the exception of the two 276 HISTORY OF HENDERSON COUNTY, KY. squares between First and Third Streets, was entirely washed away, and since 1867 has been refilled. In every instance these ravines have been made by the foolish engineering of the ^arly trustees and citizens of the town. The ra- vine between Main and Water on Lower First Street, was made in that way, and at one time had swallowed up one-third of the now Public Square. The entire street between Main and Water on Lower Fourth Street, has by this same foolish system been washed away, and is now an immense ravine, which, if ever filled up, will cost an untold amount of money. The principal items of outlay were for protecting the river front and for ditching and draining the low and unhealthy grounds that lay in and around the town in all directions. The tax duplicate increased but little and every year the delinquent list was alarmingly large. In these early times the town was populated by a well-to-do class, socially speaking the equal of any in the west, but commer- cially speaking old-foggyish, cynical and selfish. Of course this latter remark is not intended to apply to the community at large, but to a large class who persistently opposed every progressive movement where that movement encroached upon their rights or pocketbooks. There was seemingly no disposition to shove the struggling town along, but an evident feeling of self-satisfaction at its normal condi- tion, therefore, no public enterprise met with much favor, but was rather given the cold shoulder by what was commonly denominated the " nabobs " of the town. In a deposition of Mr. Samuel Stites, taken in 1853, is the following bit of early history, which is conclusive upon this proposition : Mr, Stites was asked to state what occurred on the occasion of an attempt or negotiation in regard to the erection of glass works many years ago. He answered : " In the year 1817 or 1818, a member of the firm of Page & Bakewell, extensive manufacturers of Pittsburg, visited this place and spoke of establishing a manufactory of glass here, provided they could obtain a suitable lot lying between the river street and the river. Several of our citizens went with him to the bank of the river to view the ground. I was along, and recol- lect distinctly that one of the signers of the ordinance of 1797 was also one of the number. The citizens generally were in favor of accom- modating them, or that the town corporation should do so, believing that it would greatly promote the prosperity of the place. Some thought that the town authorities could make them a title to the ground, others that it would require an act of the Legislature, and I HISTORY OF HENDERSON COUNTY, KY. 277 recollect distinctly that the 'signers of the ordinance of 1797 ' vio- lently opposed it, alleging that the ground or space between the river street and the river should be kept open. That those who had pur- chased lots on the street did so with the understanding that no ob- struction should ever be placed between them and the river, and that neither the town authorities or State Legislature could deprive them of that right. I recollect too that many of the citizens were a good deal displeased at the opposition shown by this man." The Pittsburg gentleman, who had come to invest largely in the town, left it thoroughly disgusted. He was satisfied with the sand, the site and all, but the apparent lethargy and grumbling of such men as mentioned by Mr. Stites, settled the matter so far as Henderson was concerned. If the argument advanced by the signers of the or- dinance of 1797 held good in 1817, it most assuredly did not in 1825, when the citizens and lot owners signed a deed, not only to the streets and public grounds, but to tl-we entire river front. But then the reader must not forget that the two propositions were entirely unlike in their bearings. The proposition of 1817 was to receive an indirect benefit to the entire population, by encouraging the erection and operation of a large glass manufactory, while the proposition of 1825 was to repurchase the lots of a few by deeding away public grounds in which they were only interested as citizens and had no right to convey. In 1835 or 1837, Samuel Orif, for many years a progressive, lead- ing and influential citizen and capitalist of Evansville, and one who did as much as any one person to build up that flourishing city, came to Henderson from Pittsburg for the purj)ose of establishing a pork house. He had ample means at his disposal to buy land and erect build ings, but met with no liberal encouragement. Land was priced to him enormously high, and no disposition to sell even at exhorbitant prices. He left Henderson and went to Evansville, where all of the land he required, and temporary buildings erected thereon, were freely given him without charge or price. It is a settled fact that the early inhabitants, while hospitable and clever, were yet land sharks, with a confirmed idea of the respecta- bility of a large landed estate, and a determination to hold to or re- ceive four or five times its value. In very many instances to hold, no matter what price might be offered. For that reason, Henderson failed to witness more than a natural increase of population for many years and was left far behind by many of her neighbors. 278 HISTORY OF HENDERSON COUNTY, KY. '| Lot 59 was set apart in the early settlement of the town as a cemetery, and within that one acre were buried the remains of a large majority of those who died from 1800 up to 1849. While there is no deed from General Samuel Hopkins to the Trustees of the town or to the citizens, it is a self-evident fact that the lot was intended for a public burial ground and was so given. An act of the Legislature was passed incorporating the Cumber- land Presbyterian Church. The church building was erected on the northwest corner of lot No. 58, adjoining the alley, from the fact, per- haps, the land cost nothing, and from the further fact, perhaps, that in those times it was fashionable to have churches near burial grounds or burial grounds near churches. In 1849 an act was passed incorporating the the Trustees of the " Henderson Cemetery," now known as Fernwood. And several years thereafter most of the remains of those to be found in the old cemetery were removed to the grounds purchased by the new com- pany. DuVing the 1822 term of the Legislature power was given to the Trustees of the town to levy and collect by taxation a sum not to ex- ceed fi\e hundred dollars. Incorporated in this same act was a sec- tion regulating the tax le\ ied upon the property of non-residents. It was enacted, " That whenever any part of the tax levied upon prop- erty shall be assessed upon lots of non-residents, if not paid when due, the same shall be advertised fof three months, and if not paid, the lot or lots shall be forfeited, but may be redeemed in three years by the payment of triple the amount for which such lot was sold and double the tax for every year the lots may remain unredeemed, with legal interest and cost of advertising." This one-sided law amounted to confiscation, and whether it was ever enforced cannot be determined. John Green was allowed the sum of twenty-two dollars for collecting the June tax for 1822. 1823. RECORDS OF THE TOWN — DOINGS OF THE YEAR, ETC.— FIRST NEWSPAPER. With this year the records of the town begin, and on the fifteenth day of September, the following persons were present, and constituted the Board of Trustees : Nathaniel F. Ruggles, Levi Jones, John H. Sublitt, Samuel Stites and James H. Lyne; William D. Allison clerk. Dr. Levi Jones and Nathaniel F. Ruggles were appointed commissioners to have the town resurveyed and laid off, and two hundred dollars HISTORY OF HENDERSON COUNTY, KY. 279 appropriated for that purpose. The meetings of the Board of Trustees were held monthly, on the first Friday in each month at the Court House. Thomas H. Herndon was appointed Captain of the pafol for the year, and his salary fixecl at twenty dollars. He was also al- lowed the sum of four dollars eighty-seven and a half cents for whip- ping slaves by order of the Magistrate The ponds around Court Square had become a source of great annoyance, and the ditches here- tofore dug for the purpose of draining them, had become great ditches with perpendicular sides caving with every rain. A great part of the revenue was used for bridging these ditches and putting a stop to fur- ther encroachments into the roads or streets. Early in the year, the first newspaper was established in Henderson. It was the " Colum- bian^' published by William R. Abbott, and printed by Josh Cunning- ham, at that time a practical printer as well as graceful writer. This paper was published for many years, and was finally merged into the " South Kentuckian" under the management of W. R. Abbott and C. W. Pennell. 1824. The Trustees determined it was necessary to the commercial in- terest of the town, that a landing should be provided, and to this end contracted with Robert Terry and N. C. Horseley, for the building of a thirty foot cut, through the foot of Sieam Mill Street as it was then known. This landing was known as Steam Mill Wharf. These names were derived from Audubon & Bake well's mill, now a part of Clark's tobacco factory. The landing was nothing more than a cut through the river bank, and owing to its being all sand, was a source of con- tinual annoyance from washes. In order to protect it, the Trustees ordered timbers to be sunk in the ground, and lapped or pinned in the middle, running oblique to the top of the bluff bank to protect it against washing. Before the lower tier of timbers had been laid, a heavy rain came, and had it continued much longer, the whole bank, timbers and all, would have been washed into the river ; as it was, great damage was done and most of the work had to be done over anew. Instead of excavating, great fills had to be made. Finally the land- ing was completed and received, and Nathaniel F. Ruggles appointed harbor master at a salary of twenty-five dollars per annum It was a most difficult matter at that time, to determine upon an equitable sys- tem of taxation, and frequent committees were appointed to investi- gate, and suggest the best plan. On February 2, 1824, a committee consisting of Samuel Stites and Nathaniel F. Ruggles, reported a plan as follows ; "Having matured the subject, we report as follows : that 280 HISTORY OF HENDERSON COUNTY, KY. a tax of fifty cents be levied on each white male over twenty-one years and on all blacks over sixteen years, which we estimate will yield sixty dollars, and further, that a tax of twenty-five cents each be levied on one hundred and eleven lots lying in the north section of the town, and on sixty-nine lots lying in the south section. That a tax of one dollar and twenty-five cents be levied on sixty lots; that a tax of three dollars be levied on fifteen lots lying north of the Public Square, and sixteen dollars be levied on eight lots; that a tax of one dollar and twenty five cents be levied upon each ten-acre lot." ORDINANCE PASSED. At this meeting of the Trustees, several ordinances were j^assed for the better regulation of the revenues of the town. Among the number was an ordinance making it unlawful for any owner, agent, consignee or commander of any boat or craft, to vend any goods, wares or merchandise, by retail at any of the landings of the town, without first procuring a license to do so, the said license being fixed at twenty dollars for three months, and only during the daytime ; also making it unlawful for any peddler or itinerant person to sell without having procured a license, which was fixed at five dollars for one month. Another ordinance was passed, making it unlawful for any person to erect buildings or any obstructions whatever in the streets, and requiring all persons to apply to the Surveyor of the town for cor- rect lines. For a violation of this ordinance, the party offending should, upon conviction, pay a fine of five dollars per day so long as the obstruction was permitted to remain. Another ordinance made it a penalty for any one to take sand from the river front, without first having obtained permission from the '' Harbor Master," and for a violation, a penalty of five dollars attached for each and every offense. James Rouse was appointed collector of the town tax, and re- quired to execute a bond of one thousand dollars, and his salary fixed at twenty-five dollars. The disposition of land grabbers to fence up streets and public highways had been made so manifest, it became necessary for the Trustees to ride over the tawn every two or three days, in order to keep up with this notoriously greedy class. Charles Buck, who had set claim to a great part of the town was conspicuous among this number of men. The Trustees had passed frequent or- ders in specific cases, but in order to cover all, a general order was passed May, 1824, directing all persons under penalty, to remove their fences from off of the streets by the first day of January, 1825. The salary of the Town Clerk was fixed at twenty five dollars, and, whereas, it was found inconvenient to collect the tax on frac- HISTORY OF HENDERSON COUNTY, KY. 281 tional parts of many of the lots, the Trustees at their July meeting ordered the Collector to collect on all such lots at the rate of four cents per foot, fronting on each street. Robert Speed was granted permission to mal^. The President of the Board was directed to contract for the improvement of the intersec- tions of the streets and also to have stepping stones put at all im- portant crossings. On November 5 many of the citizens petitioned the Board to be allowed to make sidewalks in front of their respective lots fifteen feet, instead of twelve feet wide. The prayer of the petition was granted, and from that time all of the principal sidewalks of the town were ordained to be built fifteen feet wide. 1854. On the eighteenth day of February an act of the Legislature was approved investing Henderson with all the general powers of mu- nicipal corporations. Under this act the town became a city and was divided into two wards. The First Ward included all that territory lying above Mill Street, and the Second Ward all that territory lying below Mill Street. Each ward was entitled to three Councilmen, and at the first election directed by this charter, it was provided that a poll be opened in each ward for the election of a Mayor, three Coun- cilmen, a City Judge, an Assessor, Marshal and Treasurer. John H. Lambert, James Rouse, William Brewster, L. F. Danforth, Elijah W* Worsham and James E. Rankin were appointed commissioners to superintend the organization of the city government under the char- ter. On the first day of May an election was held and the following named persons elected : William B. Vanzandt, Mayor ; James W. Clay, George M. Priest and Jacob H. Fulwiler, Councilmen First Ward ; John H. Lambert, Barak Brashear, David H. Unselt, Coun cilmen Second Ward ; Worden P. Churchill, City Judge ; Solomon Nestler, Marshal ; Henry Lyne, Treasurer ; Young E. Allison, As- sessor. The eastern survey of the town was submitted at this election and ratified by a large majority of those voting. The last minute ot the clerk of the Board of Trustees is as follows : ^^ F/ie Mayor and Councilmen having been sworn into office^ and the archives and property of the town of Henderson having been delivered up to them, the Trustees adjourned forever and a day.^' The first meeting of the Mayor and the Council was held at the Court House on the eighth day of May, the Mayor and Council all 302 HISTORY OF HENDERSON COUNTY, KY. present. Y. E. Allison was elected clerk. It was ordained that all ordinances in force at the time of the change from a town to a city government, should remain in full force until repealed, modified or amended by the Council. An ordinance establishing rules for the government of the Council was passed, and two night policemen em- ployed as assistants to the Marshal. It was ordered that the regular meetings of the Board be held on the first Tuesday in every month, at three o'clock P. M. At this time it was determined to change the grade of Main Street, from Second to sixth upper cross street. From Second to Third Street had been improved according to the grade established by D. N. VVal- den, engineer, but the Council became dissatisfied with it and passed, at their meeting held on the twenty-seventh, the following ordinanc • : ' Be it ordained by the Common Council of the City of Henderson, that the grade of Main Street from the intersection of Main and Second Streets, to the intersection of Main and Sixth Streets, shall be a regular inclined plain from the surface at said Second to the surface at said sixth cross street." This ordinance necessitated the taking up of the gravel, curb stones and guttering already laid down between Second and Third Streets, a new grade and the relaying of the gravel, and rebuilding of the gutters, etc. On the thirtieth day of May a contract was entered into by and between the city and Moses Ross, to do the work at the following prices, and to be paid as follows: For removing 80 perches of stone, ^40; for removing 261 feet of curb stone, S25 ; for removing and replacing gravel already on the street, $150, and fifteen cents per yard for all excavations. The property holders on both sides of the street to pay for all excavations, and all other expenses to be paid for by the city. On the thirty-first of May, a more liberal right of way over Fourth Street was granted the " Henderson & Nashville Railroad." The officers of the election, to be held in the following August, were requested to open a column in their poll book in which to take the sense of the citizen voters of the city as to the propriety of sub- scribing twenty-five thousand dollars to aid in building the " Hender- son & Nashville Railroad." In August, 1854, the Common Council purchased the interest of the stockholders, to wit : Edmund L. Starling, William Rankin, VV. B. Vandzandt, Samuel Stites, James E. Rankin, L. G. Taylor, A. B, Bar- rett, William E. Lambert, John N. Lambert, L. W. Powell, Joel Lam- bert, Solomon Nestler, F. Cunningham, Will D. Allison, George M. Priest, James Alves, George Atkinson, Francis Millet, Peter Semo- HISTORY OF HENDERSON COUNTY, KY. 303 niu and D. R. Burbank, in the " Henderson Cemetery." The fol- lowing is a copy of the contract : "' The Council agree to issue scrip^to each stockholder in the compariy for the amount of his stock, bearing interest from the first day to May, 1853, and to be made payable out of the city revenues to be collected in 1855, and the Council assumes all the liabilities of said company, and are entitled to all its revenues of every kind and benefits of its charter and privileges. WM. S. HOLLOWAY, JAMES W. CLAY, Committee. And thereupon the following ordinance was passed : "Be it ordained, etc.: That all persons are hereby prohibited from burying deceased persons in what is known as the old grave yard, or anywhere else within the city limits on and after this date. Further, that the Mayor have the old grave yard fence repaired and closed forthwith. " The amount of revenue to be collected for this year, as reported by the Collector's books, was $6,653.00, and upon this information Solomon Nestler, City Marshal, was directed and required to give additional security apon his bond. The Marshal was present when this order was made, and then and there refused to comply with the order and left the Council Chamber. At the following meeting, Au- gust nineteenth, Mayor Vandzant preferred articles of impeachment against Marshal Nestler, as follows : "I charge him with improperly threatening the Council and saying he would give them trouble when he got the tax books, I charge him with re- fusing to obey and execute the ordinances of the city according to the true spirit and obvious import of the same. I charge him with interfering with the Council, in endeavoring to initiate business, in trying to get ordinancrs passed in such shape as would suit his own views I charge him with insubordinate conduct toward the Council, in his insolent and unbecoming refusal to give additional security to his bond when required to do so by order of the Coun- cil." Upon the filing of the Mayor's charges, Nestler was summoned to appear before the Council on some day to hear the decision of that body. On the thirty-first day of August he appeared and was put upon his trial, and after a patient hearing of the testimony, and arguments of the Council both for and against, he was removed from his office by a unanimous vote. Thereupon an election was or- dained to be held on September 12 to fill the vacancy, and, strange as it may appear, it is nevertheless true, the people refused to sustain the action of their Council by re-electing Nestler, and thereupon the Mr.yor and three or more of the Council resigned their offices. In November of this year, two landings were made, one at the foot of upper eighth cross street, and one at second lower cross street. They ^04 HtStORY OF HENDERSON COUNTY, KY. cost a large amount of money, and both washed into the river in a very few years after their completion. An exhibit of the amount of money squandered in pretending to protect the river front between the years 1823 and 1867 would astound the oldest inhabitant. In November the Courier Co??ipany were elected the first city printers of the town, having been awarded the contract on the first ballot over the Reporter. During the latter part of this year, the Ionian Debating Society was organized, and composed of a number of the most prom- ising youths of the city, many of whom have made brilliant lights in both commercial and political circles. This society was governed upon the strictest rules adopted by parlimentarians, and was the means no doubt, of bringing into active life, the untrained powers of strong native intellects. Among its members who have distinguished them- selves in life I am pleased to notice Hon. James F. Clay, ex-member of Congress, from this Congressional District, a man of great native and acquired ability, Hon. J. Henry Powell, a litery lecturer of na- tional fame, and now the unsurpassed attorney for the Commonwealth in this judicial district. Judge L. W. Trafton, now deceased, but who during life represented this county in the Legislature, and served his county as Judge, a strong lawyer and able reasoner, Josephus Cheaney, the renowned temperance lecturer, William S. Johnson, John H. and James R. Barret, whose splendid business achievements have made them the pier of any in the land, and Stephen K. Sneed, cashier of the Henderson Natioiial Bank, whose reputation for ability through- out the banking circles of the county is recognized and acknowledged. These gentlemen, with many others, look with pride to the days of this society, and love to revel in the old memories which yet cluster around its most interesting life. In the early part of 1854, James Alves additions to the city com- monly known as ^'' Fultyle^^ and ^' Hardscrabble^^^ were by act of the Legislature made a part of the city. These were then clover fields ; they are to-day compactly built. This was the year the young city, not only stood alone for the first time, but commenced walking with ease. The Mayor notified the County Court that she was amply able to take care of her own paupers and streets, and asked to be released from county poll tax. He asked that the apron strings hith rto bind- ing her, be now unloosed, and she turned loose upon the world to work her way to rank with other cities of the country. The order was granted, and from 1854, then a small place, she has gradually grown, until to-day she presents a bold front, and a growth absolutely com- manding the attention of capital from all parts of this great land. \ HISTORY OF HENDERSON COUNTY, KY. 305 1855. The Assessors books for 1855 showed a total valuation of prop, erty $1,191,210 and a total of polls three hundred and eleven. The tax levy was fixed at one dollar and fifty cents on each and every white male over twenty one years of age, each free colored above the age of sixteen, and fift}' cents on each and every one hundred dollars worth of property listed to the Assessor. The following specific taxes were levied : STEMMERIES. Adams & Rudy, $20.00 ; Burbank, $35.00 ; Kerr & Co., $40.00 ; Barret & Bro. $45.00 ; Clark & Co., $35.00 ; Soaper, $35.00. GROCERIES. Millet & Co., $30.00; P. Semonin, $30.00 ; B. W. Powell, $30,00 ; P. F Somonin, $10.00; J. E. Rankin, $10.00; Jacob Held, $30.00; Spalding Unselt & Co., $30.00 ; William Brewster, $15.00; L. Reigh- ler, $15.00. TAVERNS. Taylor House, $35.00; Mrs Eastin, $35.00; Jacob Held, $35.00; B. R. Curry, $35.00. COMMISSION MERCHANTS. Wm. E. Lambert, $15.00; P. B. Bryce, $10.00; B. R. Curry & Co., $15.00. BOARDING HOUSES. Dr. Thomas Johnson, $25.00; James Rouse, $25.00; Mrs. Allin, $10.00 ; Dr. Redman, $10.00; John Rudy, $10.00. STORES. John C. Atkinson, $40.00 ; Andrw Mackay, $15.00. At the instance of Robert G. Beverley, a contract was entered into by and between the City Council, and William B. Vandzandr, at and for the sum of one thousand and seventy dollars, to fill the pond or ravine, which had engulfed the whole of the intersection at Lower First and Main crossing, and fully one-fifth of the northwest corner of the Public Square. This contract was made on the third day of July, and soon thereafter work was begun. An idea may be formed of the immense amount of earth necessary to fill up this great hole, when the reader is reminded that it required all of the dirt, then in the hill extending from Lower First Street to the center of the square, and that in the hill, which extended across First Street, near the corner of 20 306 HISTORY OF HENDERSON COUNTY, KY. Green, running at a rapid decline across the street from the summit of Mrs. Burbank's property, corner Washington and Green Streets to the ground level of St. Paul's Episcopal Church lot. During the month of July, a contract was made with W. B. Vandzandt, to ex- hume all unknown graves, to be found in the old cemetary, on the corner of Fourth and Elm Streets, and remove what remains there were to be found, to the new burial ground on the Madisonville road, now known as "Fern wood." Mr. Vandzandt was actively engaged at this work, but it was deemed best for the public health, to defer fur- ther removals until the fall of the year, at which time the contract was completed. This sacred square of ground lot No. 58, now belongs to the city, and if the writer is not mistaken, the title to the old Cumber- land Church should be vested likewise. The great floating Palace^ with her chime of bells, and magnifi- cent circus, a new feature in the show business, delighted the citizens of Henderson on the afternoon and evening of the sixth day of July. The low land and pond around the intersection of First Upper and and Elm streets was filled up by order of the Common Council during the months of July, August and September. This fill included the lot back of the Court House, upon which is situated the City Building, First Street and lots bordering thereon, particularly the Quinn corner, now Robert Dixon's, and the Lawrey corner, now occupied by the storehouse diagonally across from Dixon's. The fill on First Street was made from three to three and one half feet above the pavements laid down at that time. Robert S. Eastin did this work under the di- rection of Henry J. Eastin, City Engineer. This pond, from the ear- liest recollection of the town, had proved an eye sore and nuisance, as well as an interminable expense. As before stated concerning the river front and its tunnels, so in this case, an exhibit of the amount of money expended in draining this pond, would astound the oldest inhabitant. It claimed the attention of several Boards of Trustees, to the exclusion of almost every other subject. The outbreak of chol- era along First Street during 1863, was attributed to the low, wet and filthy condition of the street and lots. There were several fatal cases on the square, between Elm and Green. Robert Lawrey, a very prom- ising young son of David Lawrey, who lived on the corner directly opposite the market house on Elm Street, being one of the number. During the summer of this year, the " Henderson Coal Company" sunk a coal shaft near Upper Twelfth and Water Streets. This com- pany bored a large hole with a small and dissatisfied auger, struck coal at last, commenced business with bright hopes, and finally a few HISTORY OF HENDERSON COUNTY, KY. 307 years thereafter, wound up with the largest suit perhaps ever filed in the Circuit ClerU's office. The experience and end of this company however, did not keep others fjpm undertaking a similar enterprise as will be seen as this work progresses. October 2, a brick sidewalk, ten feet wide, was ordered laid down and the street graded from First Upper to Lower Second cross street. The city prison, built under the market house, having been burned and a great necessity for another experienced, a calaboose thirty feet long was ordered built, and was built upon the spot of ground now oc- cupied by the City Council Building. Mention has heretofore been made of the difficulties pending between the city and James Alves and others, concerning the title to that portion of the Public Square, deeded away by the citizens in 1824. The city gained the river front and suit was pending concerning the square. In September, a com- mittee of citizens approached the Council with an offer of compromise. The Council appointed a committee to confer in regard to such set- tlement. October 2, the committee on the part of the property hold- ers came before the Council and submitted a proposition in writing offering one thousand dollars, as a compromise to adjust the difficul- ties in the suit. This proposition was rejected, and then the Council submitted a proposition to accept fifteen hundred dollars, and to per- fect the title so far as it was in their power to the property. This proposition was accepted by Robert H. Alves and William Brewster, and that, to all intent and purposes, was an end of the Public Square suit. On the sixth day of November, an order was passed permitting Messrs. Schraeder and Clore to build a saw mill on the river front be- low seventh upper cross street. On the thirteenth day of November, an ordinance was passed directing the grading, graveling, guttering, curbing and paving of second and third upper cross streets from Water to Green, accord- ing to the plan of improvement established by Henry J. Eastin, En- gineer. This work was all completed, save the graveling of the square between Elm and Green on Second Street. In compliance with a petition of the property owners, the Council at a meeting held on the fourth day of December, ordered a street forty feet wide to be made on the river front, from First above the Public Square to Sec. ond below. To do this it necessitated a fill on Water or Front Street across the ravine landing in First Street below the square. This fill was made, and that improvement has ever since been known as Water Street, and has proven a blessing to the city. 308 HISTORY OF HENDERSON COUNTY, KY. At an election held in the city on the ^seventeenth day of No- vember, to take the sense of the qualified voters as to the propriety of the city issuing her bonds in the sum of $50,000, for the purpose of aiding in building the Henderson & Nashville Railroad. One hundred and seventv-two votes were polled for the proposition, and this being a large majority, it was ordered by the Council that the subscription be made upon condition the railroad company would ob- ligate themselves that " Henderson " should be and remain the north- ern terminus of the road. Up to the year 1856 none of the cross streets, running out from the river, extended beyond Green or Back Streets, From Center up to the Third Street, out to the line of James Alves' " Pultyte " En. largement or addition, was owned by Mrs. Jane Ingram and the heirs of Wiatt H. Ingram, deceased. The addition made by Mr. Alves ne- cessitated an outlet through the Ingram field, which was at that time fenced up in one body, and to secure this the Mayor of the town was directed to call on Mrs. Jane C. Ingram and request her to open Sec- ond Street through her grounds to the corporation lines, and in case of her failure or refusal, to take the necessary legal steps for opening and extending the street as required. The Mayor called upon Mrs. Ingram, and she, without hesitation, positively refused to open the street, unless compelled to do so by law. Suit was then instituted, and the street condemned and opened one hundred feet wide. Dur- ing the same year First Street was ordered to be graded, graveled, guttered and paved from Water to Green. In December a liberal lease was made to D. R. Burbank for a portion of the river front near his coal mine and salt wells. Mr. Bur- bank commenced boring an artesian salt well, and, in 1857, succeeded at a depth of over 1,600 feet, in striking a four to six inch stream of salt water. This stream flows out of the surface, and can, it is said, be carried to the highest part of the city in pipes. The strength of the water is said to be eighty gallons to the bushel. At the depth of one hundred and sixty feet below the surface is a rock sixty-three feet through, which it is said would afford the whole country an abundance of the best of fresh water. At the depth of two hundred feet a stratum of porcelain clay was passed, pronounced by some to be the finest yet discovered in the United States. The following from Prof. D. D. Owens to Mr. Burbank shows the relative value of this water for salt-making purposes : •' D. R. Burbank: *' Dear Sir — The approximate examination which I made in Lexing- ton, in Dr. Peters' labratorj, of the sample of salt you handed me. obtained HISTORY OF HENDERSON COUNTY, KY. 309 by boiling down in a hasty and rude way from brine obtained in your borings for salt in Henderson, gave the following comparative result with salt of commerce, supposed to be Kanawhgi : SALT OF COMMERCE — KANAWHA. HENDERSON CO.— BURBANK SALT. Selica 0.000 Same 0.140 CarbonatHof lime 0.635 Same 0.583 Chloride of magnesia or bilter salt. . ..0.200 Almost inappreciabl in Burbank's salt. ** This shows it is a very pure salt since this examination must inevita- bly show a larger amount of impurity in your salt than could be in the salt of commerce prepared by crystalization ; it is in fact purer than the Kanawha salt. D. D. OWENS, Geologist of Kentucky." Shortly after the discovery of this vien of water Mr. Burbank ex- pended a large amount of money in the purchase of machinery and building of vats for the purpose of making salt, but, owing to some defect in the apparatus for boiling and evaporating,or else some opposite quantity in the water,the enterprise was soon abandoned. From that day to this the well has continued to flow ad libitum, furnishing during the spring, summer and early fall months the most health-giving bathing to be found anywhere in the country. During this summer (1883) Mrs. Burbank has caused to be erected a swimming pool near the well, where the citizens go in great numbers to enjoy the health-giving qualities of the water. It is un- doubtedly a superior water for invalids of all kinds, and is said to be a dead shot to chills and fevers, many wonderful cures having been efTected by the use of it. Prior to the boring made by Mr. Burbank, a similar artesian well had been bored by Mr. John G. Holloway on his farm, some five miles out from the city. Ii was the object of Mr. Holloway, at the begin- ning, to secure, if possible, a flowing stream of fresh water, but he, too, struck a vein of strong salt, and in endeavoring to go further, got one of his augers fastened in the tube, and abandoned the enter- prise. The water was permitted to flow through the farm. Sixty or more sheep were killed from drinking it and the well was plugged up. At an elevation of 155 feet above low water and to the depth of 1,024>^ feet his borings developed ten beds of coal : at 60 feet, one of 10 inches ; at 136)^ feet, over 3 feet of block shale, with some coal ; at 160 >^ feet, a vein of 4}^ feet ; at 262 feet, one of 2>^ feet ; at 447 feet, one of 1^ feet; at 467 feet, one of 5>^ feet; at 572 feet, one of 20 inches, and at 861 feet, one of 6>^ feet. The coal shaft sunk by Mr. Burbank was intended more for his own convenience than for the public supply. He had expected to operate his gait works, but when that enterprise exploded, he then 310 HISTORY OF HENDERSON COUNTY, KY. turned his attention to raising coal for public sale. He continued to work his mines up to 1862, when, in the month of November, he leased them to Mr. A. H. Talbott. This gentleman operated the mines for one or two years, when they were again delivered up to the original owner. Mr. Burbank was heavily engaged in tobacco stemming and farming, besides other important enterprises, attracting a good por- tion of his time and attention, and for this reason he abandoned the shaft and thus permitted it to fill up. 1856. On the second of January a contract was entered into for the per- manent improvement, by grading, graveling, guttering, curbing and im- proving Main Street from Third to Upper Sixth Street. This contract was made with Stapp & Ackerly at the following prices : For excava- tions, 22 cents per cubic yard ; embankment, 12^ cents per cubic yard; guttering, $3.50 per perch of 25 feet; $1 per cubic yard for paving with gravel ; sandstone curbing, 25 cents per foot; limestone curbing, 50 cents per foot, lineal measure ; paving sidewalk with good hard brick, $1.10 per foot, lineal measure. Upon all of the streets order ed to be improved, it was stipulated that the gravel used should be taken from the conglomerate mine above the city. The value of this gravel as a lasting roadbed will be appreciated when it is considered that all of the principal streets of the city were laid over twenty-seven years ago, and have never been relaid except in spots as necessity demanded. By ordinance, passed April 25, Back Street was called and named, and to be hereafter known as Green Street. On the third day of May, on motion of C. W. Hutchen, a con- tract was entered into with B. Brashear to grade and fence the Public Square, pi ant in it 270 trees and sow it down in blue grass, for the sum of eight hundred dollars. On July 22 the Mayor preferred charges against Henry Clay Bard, who had recently be'en elected City Judge, for mal and misfeasance in office. On the twenty-eighth day of August the charges were tried and resulted in a resolution requesting or rather idvising Judge Bard to resign. During the summer and fall of this year Messrs. Paul F. Semonin and Robert G. Rouse, Jr., built the steamboat Governor Powell. She was 125 feet long and carrying capacity of 400 tons. She was a neat little craft, but, from some cause, never succeeded in HISTORY OF HENDERSON COUNTY, KY. 311 making a fortune for her owners, but, on the contrary, at the June term, 1859, of the Henderson Circuit Court, in the case of Peter Semonin & Co., a decree was rejidered directing the sale of the boat to satisfy numerous debts and claims against her. On the evening of the twenty-fourth of March, 1856, the re- nowned reader and actress, Mrs. McCready, accompanied by M'lle Camille Urso, a little prodigy of musical science, at that time only sixteen years of age, delighted a large audience of Henderson peo- ple, using the dining-room of the Hancock House, because there was no public hall in the city. M'lle Urso, then a wonder, is yet living and enjoying a reputation as a violinist equal to that of Ole Bull. This charming little performer was assisted by Prof. C. F. Artes, the great musician, lately deceased. On Sunday morning, October 12, the large pork house of Wood- rufif & Funk, located in the lower end of the city near the ste m mill, was set fire to bv an incendiary and burned to the ground. The loss was a heavy one to the firm and a serious blow to the commercial in- terest of the county. 1857. The lease for a part of the river front, petitioned for by Messrs. Shrader & Clore, for the purpose of building a steam saw mill, was executed May 2 for a term of thirty years. The mill was built and has been for a number of years operated by Joseph Clore. On the first day of January, 1884, the firm name was changed to that of Joseph Clore & Sons, and is one of the largest and most successfully man- aged mills in the State. The first steam ferryboat, under command of Captain James W. Anthony, was introduced this year. In July a terrific wind storm passed over the city, unroofing many houses and rasing to the ground a magnificent five-story brick, two hundred feet in length, the property of D. R. Burbank, fronting on third upper cross, between Main and Water Streets. This house was rebuilt upon the same foundation, but only four stories high. In its crushing fall it demolished an adjoining brick stable, the property of William S. Holloway, and killed forever and anon, *'01d Bally," one of the finest specimens of equine flesh ever owned in this place. The Farmers' Bank building on the corner of Elm and Second Street, was completed in August. The Hancock House was given a thorough overhauling, among other things plastered on the outside with a rough coat in imitation of stone, Henderson improved rapidly this year. 312 HISTORY OF HENDERSON COUNTY, KY. The Reporter oi September 17 said : '* We have never witnessed a more healthy and vigorous manifestation of the spirit of improve- ment than now prevails throughout this city. Business and dwelling houses are in process of erection in almost every direction. Streets are being graded, pavements laid and all other species of im- provements are going ahead with rapid strides. There is more work than the present force of mechanics can manage." During the month of October, a society of young men known as the "Thespian Society," a dramatic literary association, was organ- ized, and during the fall and, winter of 1858 gave entertainments in " Woodruff Hall " to large and delighted audiences. This society undertook such pieces as " Ingomar," " Lady of Lyons," "Still Water Runs Deep," " Faint Heart Never Won Fair Lady," and others of a difficult and popular cast, and, contrary to the predictions of the most sanguine friends of the players, the several renditions were not only creditable but positively meritorious. L. W. Danforth, a most humorous young man, possessed a happy and peculiar faculty of fun and wit, proved himself the equal in his line of comedy and farce of any trained actor who had preceded him on a Henderson stage. 1858. On the fifteenth day of July a compromise of the suit of the city vs. Robert Clark & Co. and John B. Burke, for that part of the river front lying between First and Second Upper Streets, was filed and ordered to be made a part of the decree to be rendered in the Circuit Court. This compromise stipulated that Clark & Co. and Burke be permitted to remain in peaceable possession of the ground during the remainder of the unexpired term of the lease from the town to Au- dubon & Bakewell, made by the Trustees of the town on the six- teenth day of March, 1816, and to run ninety-nine years from that date, upon the said Clark & Co. and Burke executing and accepting a lease from the city for the unexpired term of said lease, to-wit : the fifteenth day of March, 1915, and paying such annual taxes upon said property as may from year to year be assessed against it by the city authorities. The first billiard table ever seen in the city was introduced this year by Martin S. Hancock. The second market house was built during the months of Octo- ber and November and cost twelve hundred dollars. This year, like its predecessor, witnessed a rapid growth of the city, streets were improved and old contracts finished, more impor- ^ HISTORY OF HENDERSON COUNTY, KY. 313 tant still, all owners of property encroaching upon the line of the streets as established by the Henry J. Eastin survey and ratified by a majority xote of the people, ^¥-ere notified to draw in their fences and thus conform to' the survey. In many instances this was done, but in no instance where the ground was held by right of possession was the order obeyed. Be it said to the credit of the Council, in many very important cases and equally unimportant ones, this timely step was taken. On the sixth day of April, Mrs. Betsy Sprinkle, relict of Michael Sprinkle, one of the pioneers, died. She was a devoted Christian woman. Once upon a time, her husband, in his old age, was ap- proached upon the matter of religious preparation, when he replied in all earnestness : " My vi/e, Fefsy, has got it, Judge Knox has got it, and I am getting too old to enjoy it." On the seventeenth day of February, an act to amend the city charter was approved. This act reinstated within the city limits all that territory lying between fourth and eighth lower cross streets, a portion of the same let out in 1825 under that remarkable trade be- tween the citizens and James Ah'es and others. 1859. McBride's old Horse Mill, near the corner of Eighth and Main Streets, was torn away by order of the Council, passed March 24. This was one of the first mills built in the county, and for many years did the grinding for this entire section of country. On the second day of May a poll was opened to take the sense of the qualified voters as to the propriety of the city paving the river front between uppe/ second and third cross streets, and authorizing the issue of $80,000 of her bonds, bearing six per cent, interest, to run twenty years, for the purpose of paying for said wharf. The vote resulted as follows : In the First Ward, for the bonds, 77 ; against the bonds, 1. In the Second Ward, for the bonds, 53 ; against the bonds, 2. These bonds were never issued. On the seventeenth day of May, an ordinance was passed, au- thorizing the erection of works for the manufacture of illuminating gas, and giving the privilege of selling and suppling the same to the city for the term of fifty years. On the sixteenth day of August, the old public well, in the inter- section of Main and Second cross streets, was ordered filled up ami the pump removed. This old well had refreshed many of the inhabitants for years and years, and it may be, that its cooling waters, made poi- 314 HISTORY OF HENDERSON COUNTY, KY, ♦ sonous by filth deposited therein by evil-disposed persons, had aided in sending others to untimely graves. It also had a history asso- ciated with the corrective influences of courts, and such like. It was a power,' it was a terror at times. As a corrector of morals and mis- demeanors, it was frequently pointed to, and upon more than two occa- sions that old pump handle was made to ring out, as its rapid stream poured down upon the head and body of some penitent subject who had violated the laws of society and morals. The $50,000 of bonds voted on the seventeenth day of Novem ber, 1855, to aid in completion of the Henderson & Nashville Rail- road, were never issued, but by a compromise between the Council and the railroad officials, it was agreed that a proposition to subscribe $100,000, one-fourth payable when five miles of the track was laid, one-half when ten miles was completed, and so on till the whole amount had been paid, should be submitted at an election to be held on the seventeenth day of September, 1857. An ordinance was passed directing the election to be held and the vote taken as fol- lows : " In favor of the subscription by the city of one thousand shares of one hundred dollars each of the capital stock in the Hen- derson & Nashville Railroad, and another column opposed to the subscription by the City of Henderson of one thousand shares of one hundred dollars each. Also another column in favor of a direct tax to be paid in three years in six semi-annual payments, to be made and levied of the taxable property of the city, to be appropriated to the payment of the subscription of stock. Also another column in favor of payinp- the subscription of stock by the issuance of bonds of the said city, payable to the railroad company at thirty years after date, bearing six per cent, interest, payable semi-annually." The election was held and resulted as follows : Two hundred and twenty-nine votes in favor of the city subscribing one thousand shares of one hundred dollars each, and 229 votes in favor of a direct tax, pay- able semi-annually in six installments, to meet said subscription ; op- posed to the subscription and tax, 6 votes ; in favor of the thirty year bonds, none. Elm Street, from first upper cross street to a line between the property of Governor L. W. Powell and Thomas Evans below the Square, was ordered graded, guttered and paved according to the plan of general improvement of the streets. This work was com- pleted early in I860. On Monday, Tuesday and Wednesday evenings, March 14, 15 and 16, the citizens of the town enjoyed a most charming musical HISTORY OF HENDERSON COUNTY, KY. 315 treat at three performances of Cooper's celebrated opera troupe. Miss Annie Milner, the best English soprana heard in this country for sixteen or eighteen years, was tt.e leading artist, and was the more remarkable, as she had had but little stage experience. She exhib- ited many of the peculiar beauties of her instructress, the celebrated Mrs. Wood, particularly in the sweetness of her trills, the firmness of her sostenuto and the remarkable ease with which she attacked the notes in her upper register. Her entire rendition of Verdi's trying part of Leanorain ^' II Trovatore," was a perfect success and stamped her a great lyric artist. The singing of the entire troupe was warmly ap- plauded, and it is safe to say no entertainment prior to that time or since has so captivated the city. The great Rudolfson, who is yet de- lighting the musical world, was one of this opera company, and will long be remembered by many who enjoyed the richness of his vocal powers. June 19, Dr. A. J. Morrison suicided in the county jail. July 18, the young Americans of Henderson were surprised and diverted by five or six Indians in their peculiar uniforms. These savages were somewhat civilized and begged importunately. The males and females were each as ugly as it is said of a Ducth picture of the devil. July of this year was the hottest ever known, the thermometer indicating from 98 in the shade during the morning to 103 in the afternoon. Dr. Owen Glass, a leading citizen, and greatly respected by all who knew him, died suddenly, December 29 1860. February 25, an act, to amend an act, incorporating the City of Henderson was approved. This act restored the oli boundaries ac- cording to the original plat. The Mayor and Council were given general powers over streets, etc., and the city divided into two wards. Mill or Second Street being the dividing line. On the seventeenth of March the new charter was submitted to a vote and ratified by the people. This charter brought in the addi- tions made by James Alves. In January the magnificent steamer Grey Eagle, built for the Louisville & Henderson Packet Line, made her first trip, and was re- ceived on rounding in at Henderson by the " Henderson Guards " with a royal salute from their handsome loud-mouthed six-pound brass 316 HISTORY OF HENDERSON COUNTY, KY. cannon. Captain W. H. Daniels acknowledged the compliment in a becoming manner. In the fall of 1859 John C. Stapp had buflded an immense ice house, which he filled during the winter with ice for the accommoda- tion of the general public. In the sp.ing of 1860 he advertised as follows : *' Having erected and filled with superior ice, a mammoth ice house, I wish to furnish private families and others with that lux- ury the ensuing season, commencing May 15 and continuing until the first day of October at the following rates : For the season of four months, $12 for one-fourth bushel per day, $20 for one-half bushel per day, ^28 for three-fourths of a bushel per day, ari'l $35 for one bushel per day, oz. weight. In all cases of sickness where the parties are not able to buy ice I will supply them free of charge. " On March 10 the streets along the gas main were lit with gas for the first time. March 5 William D. Allison, for thirty-eight years Circuit and County Clerk of Henderson County and decidedly the most popular man in the county, departed this life after a brief illness. March 8, Joseph Grant, for many years the only butcher in the city, dropped suddenly dead. March 21, a miniature hurricane swept the river, sinking two coal barges and a boat containing a large number of sewing machines at the foot of the wharf. May 10, E. G. Hall was elected Mayor, the total vote polled being 320. June 10 the new Methodist Church was dedicated, and at the evening meeting $3,000 was raised by subscription to free the build- ing from debt. Rev. Charles Booth Parsons conducted the services and preached a powerful sermon. June 5, an agreement or covenant, was entered into between property lot holders, who held adverse possession, and the city, for the surrender upon certain conditions, ground encroaching upon the line of the street, as established by the Eastin survey. This agree- ment was signed by sixty-two lot holders and is recorded in city record book " A," page 260. On the third day of July an ordinance was passed directing the permanent improvement of Elm Street, between first and fourth up- per cross streets. Monday, August 20, the first iron rail was laid on the road-bed of the Henderson & Nashville Railroad at the present depot grounds. HISTORY OF HENDERSON COUNTY, KY. 317 This interesting incident in the history of Henderson was attended and witnessed by a large concourse of people. Capt. Jas. W. Clay was accorded the honor of driving the first spike. The Mechanics' Brass Band made harmonious music,"while Colonel John W. Crockett and C. M. Pennell made glorious and enthusiastic speeches. October 4 the first five miles of this road was completed and ready for the iron horse. This was the terminal of the railroad un- til two years after the war, to-wit : 1867. At a meeting of the Common Council, held October 23, the eight'cross streets below the Public Square were appropriately named as follows : First, Washington; second, Powell; third. Clay; fourth, Dixon; fifth, Jefferson; sixth, Audubon; seventh, Jackson, and eighth, Hancock. December 4 the city paid the first installment of $16,666.66 2-3 on her subscription of one hundred thousand dollars to the building of the Henderson & Nashville Railroad. Clouds of war hanging over the country it was resolved by the Council that all improvements of streets and sidewalks that have not already been put under contract be and are hereby suspended indefi- nitely. At the next meeting uncompleted work was ordered to be stopped indefinitely. During this year, 1860, the Council exerted every energy to keep Henderson abreast of the times, all of the lots lying on First Street had by order of the Council been filled up and the street itself had been filled and improved. An immense amount of street improve- ments in other parts of the city had been completed and begun. Property had been reclaimed and in many instances a liberal com- promise had been effected with those lot holders who held property encroaching upon some one or more of the streets of the town. The wor-v of this Council, as well as those preceding it four or five years, was immense and they deserve a more extended notice than time and space in this work will admit of, suffice it say, however, that their labors in a few more years would have culminated in securing Hen- derson a front position among the leading cities of the West, but for the coming of that cruel, cruel war. The war had dawned, and was now about to shine out in all its horrors, and anything of a bright future had begun to settle beneath its lowering cloud of death and desolation. 1861. The Council was now satisfied that the services of an engineer would be no longer needed, so at the January meeting an order was 318 HISTORY OF HENDERSON COUNTY, KY. passed dispensing with the services of that expert, whom they had kept busy for three years. At a meeting of the City Council, held January 2, the committee appointed to compromise suits pending in the Henderson Circuit Court between the city and D. R. Burbank, reported the following agreement : '•This article of agreement made and entered into this twenty-ninth day December, i86d, between the City of Henderson and D R. Burbank, wit- nesseth. That, whereas the city has instituted suits against said Burbank for certain streets situated on the property purchased by said Burbank of W. A. Towles and wife and John D. Anderson, also for portions of Green and Washington Streets, and the sidewalk on Elm and Third Streets, where tlie said Burbank now resides, all of which is inclosed and claimed by him ad- versely to the said city. Now, in consideration of the said Burbank relin- quishing and giving up to the city the portions of Green and Washington Streets, and the sidewalk on Elm and Third Streets above named, the said city agrees to dismiss said suits as to the prttpert^j now in dispute. It is understood that Burbank is to retain possession of that portion of said Third Street on which his factory stands, until the same shall rot or burn down, or be pulled down or removed, then Burbank is to relinquish to the city the remainder of the sidewalk in his possession. Witness our hands, etc. " D. R. BURBANK. *• E. G. HALL, Mayor, etc " On the twentieth day of April the evidences of bloody war hav- ing become so unmistakably apparent, the Common Council deter- mined to fight, or better, perhaps, to be captured full-handed. The following is a copy of the proceedings of the meeting held on that day : " Mr. Matthews moved that an appropriation of one thousand dollars be made to purchase arms and ammunition for the protection of the city, which motion carried by the following vote : Ayes — Mayor Hall, Beverley, Ladd, Matthews and Tallbott Nayes — None." "On motioii, R. G. Beverley is appointed a committee to purchase fifty kegs oi liowder, also to purchase (dl of the powder now in the city for the use of the city, which motion was carried by the same vote *' The teaching of negro Sunday Schools was prohibited, and the meeting of that race in the city for public worship when conducted, controlled, or assisted by a slave, or free negro, was declared to be a nuisance. It was made the duty of the Marshal to disperse all such meetings, and to arrest the person or persons by whom the same was conducted, and if the preacher, speaker or exhorter be a slave he was to be punished with any number of lashes not less than ten, nor more than twenty, and if a free negro to be fined not less than twenty, nor more than fifty dollars. HISTORY OF HENDERSON COUNTY, KY. 319 Mr. Beverly reported on the twenty-sixth of April that he had purchased the powder directed in the order of the previous meeting, and thereupon amotion was made to furnish the " Henderson Guards," with such quantities as they may need for " protection purposes." This motion was unanimously carried. Upon motion of Mr. Beverly the City Council was then constituted a Committee of '' Public Safe- ty," any two members to have power to act. The Mayor was then instructed to notify the colored preacher. Green, not to preach here any more. The city having been fortified with powder enough to blow up the enemy, and all other military precautions taken, the Coun- cil then cast a guardian circumspection once more over the streets, Market House, etc., until her pickets should be driven in or the ap- proach of a flag of truce demanding a surrender. On the seventh day of May the " Henderson Guards " are again remembered, this time handsomely. Councilman Dr. Lafayette Jones offered the following resolution, and the same was unanimously adopted : *' Whereas, The officers and members of the Henderson Guards have expended a great deal of money, time and labor in effecting their organ- ization, and whereas the said company has given in the way of a night guard its services re cently, and expresses a willingness to continue said service, and in as much as many of the members of said company are pecuniarly unable to furnish themselves with uniforms and bear the other necessary expenses entailed upon thein, therefore ^^ Be it resolv^d,By the Mayor and the Council that the sum of three hun- dred dollars be appropriated for the use and benefit of the '• Henderson Guards" and that said sum be placed in the hands of Captain E. G. Hall (Mayor) for the benefit of said company." This trifling recognition was all right, and as the Home Guards were all wealthy men, individually and collectively, and were pos- sessed of constitutions fully equal to the demand of night service made upon them, for weeks prior to that time, and for many weeks afterwards, they rejoiced at the luck of their comrades in arms. But a short time afterwards one Colonel Charles Cruft came to town from Indiana, and then there was no " Henderson Guards " to defend the Committee of Public Safety, or the fifty kegs of powder that had been hid for protection purposes. On the fifth day of October the " Committee of Public Safety " caused the following order to be issued : " The Mayor and Marshal are authorized to sell all of the powder belonging to the city to the merchants or citizens thereof, according to their discretion, and at no less a price than ten dollars per keg." 320 HISTORY OF HENDERSON COUNTY, KY. The total valuation of property reported this year, including 37 stores and 141 slaves, amounted to $1,614,170. White males over 21 years, 431 ; free negroes over 16 years, 9, and 34 dogs, the head tax on all of which amounted to $8,803.35. There were 8 tobacco stemmeries, 15 groceries, 11 taverns and boarding houses, 3 produce and commission merchants, 1 lumber yard, 1 wagon yard and 1 wharf boat, upon all of which was assessed a specific tax of $867.50. Dur- ing the winter of 1861 Hugh Kerr's tobacco factory, corner Water and Fourth streets, burned. 1862. The pedestrians who had plodded in the mud and mire from early recollection, wanted more street conveniences. They had real- ized the comforts of a progressive age, and like the church parson, enthused by the eloquent exhortation of his co-worker, cried out aloud, "Go on, brother." They must now have stepping stones at each intersection, and in the middle of the Square. On the thirteenth day of May a contract was entered into to have such work done at all of the principal crossings. From that day to this, the citizen who had tramped the streets with his unblacke 1 conestogas drawn over the outside of his pants, has enjoyed the felicity of perambulating around the muddiest of streets in his blacked and shiny box-toed, high and dry above the scum of the earth, and so much for a pro- gressive Council. The days of tlie " Committee of Public Safety " had now almost come to an end One Colonel John W. Foster, hail- ing from Evansville, in the State of Indiana, and holding in his pocket a Federal commission to reconstruct every man south of the Ohio River who should happen to come under his military supervision, stepped into the warlike arena and announced himself monarch whether the " Committe of Public Safety " liked it or not. This man, Foster, was a positively positive man, and thought to be as positively unscrupulous. If he was a failure in the military field, where the balls and shells flew the thickest, that was no reason why he should not sit in his comfortable room at the Hord House and rule with an iron will. On the sixteenth day of August this distinguished Post Com. mandant, whose forte was bartering with guerrillas, and suspected sympathisers, and always beating them in the trade, issued his first bull and addressed it to the "Committee of Safety." That remark- able document reads as follows ; HISTORY OF HENDERSON COUNTY, KY. 321 " Headquarters United States Forces,/ AT Henderson, Ky., August 16, 1862. f To the Members of the City Council of Henderson, Ky.: '* Gentlemen — It has been brought to my notice that Mayor Hall has, contrary to the orders of the Secretary of War. absented himself from the city and trom his post of duty. He has done this tvithout reporting himself to ME. I am reliably informed that he has fled fr«m the city, either to avoid the contemplated draft or to join the rebel army. In either case he has for- feited his oflice, and incurred the penalties of the military authorities I de- sire that you should take prompt and decided action in the matter. Mayor Hall must return to his post of duty and purge himself from the suspicion that resting upon him, or you must declare his office vacant and order a new elec- tion. I desire that you would act upon the matter to- nighty and notify me of your actions. Very respectfully, JOHN W. FOSTER, " Lieutenant Colonel Commanding Post." The Council had been called in extra session, and about that time the mere thought of a prison cell was equally as alarming as the fact of having been locked in. This then being true, Councilman Beverly offered the following resolution, which was adopted unani- mously without discussion : *' Whereas, It appears /rom a communication of Lt. Col. John W. Foster, commanding Post Henderson, Ky , (in accordance to which the Council met) that His Honor, Mayor Hall, has absented himself irom his post of duty; therefore, be it Resolved, That in accordance with said military order, and the provisions of the city charter, should the Mayor not appear within ten days of the publi- cation of this notice, the Council will take the steps ordered hi/ the CHARTER to elect a Mayor to fill his place. *'Resloved, That a copy of this order be handed to Lieutenant Colonel John W. Foster, commanding post." Three days after this meeting of the Council, Col. Foster called another one and sent the following communication : " HEADqUARTERS U. S. FoRCES AT HeNDERSON, Ky., ) August 19th, 1862. j To the City Council of Henderson, Ky, : Gentlemen — I have received a copy of the proceedings of your Board of August 16th, by which you propose that 'Should (he Mayor not appear ivithin ten days of the publication of this notice, the Council will take the steps or- dered by the Charter to elect a Mayor to fill his vacancy,^ I am not informed as to what you construe a ' publication of the notice.' I cannot learn that any other publication has been made other than spreading it upon the records of the Council and sending me a copy. If you deem that sufficient notice, the ten days began to run from the 16th inst. Mr. E. G. Ilall, the late Mavor 21 322 HISTORY OF HENDERSON COUNTY, KY. of Henderson, has abandoned his post secretly, in the darkness of the night. fled from the city taking misguided youth with him. and has joined the rebel army in rebellion against the Government. " No time should be lost in supplying the place which he has disgracefully and traitorously abandoned. I, therefore, require that you issue a proclama- tion to the citizens of Henderson, setting forth the fact that you are credibly informed that E. G Hall, late Mayor of Henderson, has secretly abandoned and made vacant the office of Mayor, and has joined himself with those in rebellion against the Government, and therefore, unless he should return on or before the 26th inst , and purge himself of the charge, there is ordered an election to be held to fill the vacancy occasioned by his action, on Wednesday, August the 27th, J 862. " In this wa}'. I think, you will meet all the requirements of the city char- ter, and at the same time show your willingness, as loyal officers, to fill the vacancy occasioned by the action of a disloyal associate. *' Very respectfully, ♦♦JOHN W. FOSTER, *♦ Lt. Col. Commanding Post." This order was fully discussed, and the advice of the City Attor- ney asked for. It was agreed to carry out the will of Foster, and while the Attorney was engaged drawing up a proclamation conform- ing thereto, another communication was received, on the point of a bayonet^ which read as follow : " Headquarters U. S Forces at Henderson. Ky , \ August 19th, 1862. i To the C\tij Council of Henderson^ Ky. : "Gentlemen — The late Mayor of your city, and your associate officer, has secretly fled from the city and joined the enemies of the Government in a wicked war for its overthrow. As you have heretofore been his political friends, and were elected to office on the same ticket with him, I deem it proper in order that you may relieve yourselves from suspicion, that you, together with all other officers elected with you, subscribe and take the oath accom- panying this letter. Very respectfully, ♦♦JOHN W. FOSTER, " Lt, Col Commanding Post." OATH. " We do severally solemnly swear that we have borne, and will bear, true allegiance to the United States of America and the State of Kentucky. That we have supported, and will support, the Constitution of the United States and the State of Kentucky, the ordinances of any State Convention or Legis- lature to the contrary notwithstanding; that we have not encouraged, and will not encourage, the enemies of the United States, and especially the supporters of the so-called Confederate States, or give them aid and comfort either by word, vote or actions ♦'That we have not encouraged, and will not encourage, the enlistment of troops for their aid; that we have not desired the success of their arms, nor HISTORY OF HENDERSON COUNTY, KY. 323 exulted over any reverse of the arms of the Federal Government; that we have not encouraged, and will not encourage, opposition to the collection of the tax imposed by the United State%. save through the ballot box; that we will furnish all information of the enemy, their aiders or abettors, to the proper United States authorities, when we can do so, and in all things have demeaned, and will demean, ourselves honestly and sincerely, as true and loyal support- ers and friends of both the constitution and laws of the United States made in pursuance thereof— so help me God." This oath was a little more than the Council could take at one dose. The medicine was too strong, and the principal parts com- pounded too recklessly, and, in return, the patients resolved to suffer rather than seek relief at the expense of such a horrid prescription ; therefore, the following answer was returned to his royal excellency : ♦' Henderson. Ky., Mayor's Office, August 19th, 1862 *'Lt. Col John W. Foster, Commanding Post: " Sir— Your latest communication has been received by the City Coun- cil, and as we have already taken the oath prescribed by law, and faithfully observed it, we do not feel incHned to take any other We, therefore, do not wish to act any longer as Councilmen and hereby resign our positions as such Respectfully, P B. MATTHEWS, Chairman. W. H. LADD, F. B CROMWELL, R. G. BEVERLY, J. ADAMS, W. H. SANDEFUR." Upon receipt of this communication the resignations of the Councilmen were accepted, but they were held to answer, at the point of the bayonet, until each one should execute, with good security for himself, a bond conditioned, not as the law directed, but as a military dictator determined. The resignation of the Council having been reported to the Legislature, then in session, a special act was passed and approved on the thirtieth day of August, directing the County Judge to appoint officers of an election to be held in the city on the tenth day of Sep- tember, 1862, to fill the vacancies. On this day the election was held and the following officers were elected : Mayor, David Banks ; Councilmen, First Ward, William S. HoUoway, Jacob Reutlinger, J. C. Allin ; Councilmen, Second Ward, P. H. Hillyer, Jacob Held, Peter Semonin ; Assesor, Robert B. Cabell. The new officers were sworn in by his Honor, P. A. Blackwell, City Judge, and held their first meeting on the twelfth day of September. 324 HISTORY OF HENDERSON COUNTY, KY. On the sixth day of November the Council contracted with Collins & O'Byrne for building a three-foot brick tunnel at the foot of First cross street and filling two ravines in Water and First Streets. 1863. At a meeting of the Council held October 6th, 1863, a petition from the heirs of Wiatt H. Ingram, deceased, was presented, praying for the opening of a stre t fifty feet wide, running through Ingram's enlargement from the Catholic Church on Third Street to Center Street at Mrs. L. M. Thornton's property, and for a continuation of First cross street to the new street to be called Ingram Street, and given to the city by the said Ingram's heirs. At that time Second was the only street running through the Ingram property, the whole of it back of Green Street being fenced up in one body. The Coun- cil accepted the gift of Ingram Street, and directed its opening from Third to Center, and the opening of First from Green to Ingram. In the organization of the Henderson Gas Light Company the City of Henderson had subscribed for ten shares of the stock of the company, valued at $50 per share, and given in payment for the same the lot of ground upon which the buildings were erected. Misfortune for some cause fell to the lot of the company, and on the twenty-fourth day of November suit was instituted by Hugh Kerr to foreclose a mortgage given him upon the works, to secure the pay- ment ot a note for $784 and interest. On the eighth day of April, 1864, another suit was filed by Samuel P. Spalding, assignee of Peter Semonin, to forclose a mortgage for $835.25 and interest. Other suits were brought, and on the twenty-fifth day of April, 1864, under an order of court, D. N. Wal- den, sheriff of Henderson County, at the Court House door, exposed the works to public sale, and J. C. Allin, on behalf of the city, became the purchaser. Exceptions were taken to this sale, but the court overruled them, and then an appeal was taken to the Court of Appeals. This court reversed the court below ; subsequently, to-wit : On Janu- ary 22d, 1866, under an order of court, G. A. Sugg, Sheriflt of Hen- derson County, exposed the property to sale the second time and Robt. G. Rouse, Jr., being the highest bidder became the purchaser at and for the price of $1,991.25, and afterwards transferred his bid to the City of Henderson. This sale was confirmed and deed ordered made to the city. In an article criticising the beauty and social charms of the ladies of Henderson the New Albany Ledger^ in its last issue in December, HISTORY OF HENDERSON COUNTY, KY. 325 paid them the following handsome compliment: "The ladies of no city in Kentucky are more celebrated for this heavenly gift than those of Henderson, and added to this are those rarest charms of intelligence and accomplishment"" in all the graces that make women angels on earth." 1864. The tax levy showed for this year, value of town lots, $1,541,490 ; 436 slaves under sixteen years and 401 over sixteen years, value, $173,775; value of personalty, $90,250; 38 stores, $139,850 ;^^42 slaves hired per annum and 3v hired for less than one year, $18,650 ; 402 white males over 21 years of age, 30 free blacks and 32 dogs. The following is a list of the specific taxes : GROCERIES. William Biershenk, $15 ; Jacob Held, $25 ; George Hak, $5 ; Jacob Held & Sons, $25 ; B. Koetinsky, $35; P. L. Kloninger, $5; J. B. Millet, $10 ; Nunn & Rudy, $50 ; T. L. Norris, $40 ; L. Reigler, $10 ; John Schlamp, $15 ; W. A. Sandefur & Co., $20; E. L. Starling & Co., $50; J. B. Tisserand, $40 ; B. B. Williams, $40 ; Whiting & Co., $20. STEMMERIES. Joseph Adams, $50 ; John H. Barret, $40 ; D. R. Burbank, $25 ; D. R. Burbank, Jr., $40 ; B. M. Clay, $35 ; John Funk, $25 ; Kerr, Clark & Co., $40; J. Rudy & Co , $35; William Soaper, $40; Taylor & Evans, $40 , E. W. Worsham, $25. COMMISSION AND FORWARDING. M. P. Rucker, $50. y BOARDING HOUSES. J. B. Cook, $10; John H. Lambert, $20 ; A. H. Talbott, $10. COFFEE HOUSES. Eighteen in number in the city. September 10th the Farmers' Bank was robbed by guerrillas and a meeting called to organize for mutual protection, a history of which has been given before. 1865. On March 1st, upon petition of the Mayor and Council, an act was passed by the Legislature authorizing the sale of the Public Square, the proceeds to be applied to building a wharf in front of the city. This act was to take effect uoon its having been ratified by a majority of the qualified voters at some election called for that pur- 326 HISTORY OF HENDERSON COUNTY, KY. pose. By order of the Council on Monday, May 1, 1865, an elec- tion was held, and resulted in a majority voting for the sale of the Square. On the sixth day of June the Council directed the Public Square to be laid out into suitable lots and a plat made thereof. August 1st the committee reported, and a sale of lots ordered to take place on Saturday, the ninth day of September, on the following terms : one-third cash, one-third in six months and one-third in twelve months, with interest from date of sale. The Square was di- vided into twenty-six I'ots, fronting from twenty-four and a half to fifty feet, and sold at prices varying from $20 to $60 50 per front foot. Twenty-three lots were sold, aggregating the round sum of $20,- 632.75. This was very good, but three years afterwards the Council found out what the Council of 1865 ought to have known, to-wit : that the act of the Legislature authorizing the sale of the Square was worth no more than the paper upon which it was written. The city could make no title, and as a necessary consequence, was compelled to re- fund the money she had received, and pay for one or two buildings erected since the sale. The principal, interest and extras were paid for in 10 per cent, bonds and the Square again became the property of the general public. July 21st, upon motion of Hon. Grant Green, a committee was ap- pointed by the Council to purchase a mule and cart. This was done, and many citizens remember how faithfully that little animal earned his food year after year, under the experienced management of Coun- cilman Henry R. Tunstall. It is claimed by some to this day, tliat this little mule, with his cart, did more in his peculiar line for the city than all of the teams employed since he was sold, or turned out to die. On the eleventh day of October an ordinance was passed to gen- erally improve the unimproved side walks of the city by laying down substantial plank walks. Some eighteen lines were ordered at this meeting. While plank walks are, as a general thing, expensive and soon become worthless, yet under the circumstances they added at this time greatly to the comfort of pedestrians. The war was over now, peace had once more embraced the land, and no man or set of men could have felt the need of earnest effort more keenly than did the City Council, The spirit of progress had seized them all, and the disposition to regain all lost by the war, and HISTORY OF HENDERSON COUNTY, KY. 327 then move on with the quick times, was evidently manifested at each meeting of that body. It was now determined, in addition to other improvements, to build a magnificent wharf, extending between Sec- ond and Third Streets. This great undertaking it was known, would cost an untold sum of money, but it was deemed necessary, and for that reason preliminary steps were taken looking to its building and completion. Councilman Grant Green was directed to prepare an amendment to the city charter to be passed by the Legislature, au- thorizing the Council to raise the ad valorem tax of the city to the maximum of one dollar upon the hundred valuation. The specific maximum to one hundred dollars and the poll tax to two dollars. The wharf committee on the sixteenth day of December was authorized to advertise for sealed proposals for paving the wharf. On the twenty-sixth day of September the " City Bank " build- ing, now the "Henderson National Bank," on Main Street, between Second and Third, was purchased by Hon. Grant Green, William J. Marshall and Edward Atkinson under the firm name of Green, Mar shall & Co., and on the fourth day of November this firm opened and established a private bank with sufficient funds to transact a large business. In November this same firm caused to be built the large tobacco sales warehouse on Third, between Main and Water Streets. — November 7, J. M. Taylor's large brick tobacco stemmery, on the corner of Clay and Green Streets, was burned. The cholera made its appearance in Henderson this year, but owing to rigid health regulations, it was smothered. The magnificent residence of Joseph Adams and the splendid stone front bank building, erected by the " Farmers' Bank," were contracted for and put in course of building this year. L. C. Dallam's handsome residence, corner of Elm and Powell Streets, Gilmour's tobacco factory, corner First and W^ater Streets, and Reutlinger's City Brewery were built this year. J. M.Taylor's large tobacco stemmery was rebuilt, September 11, William Harris, an ex-Federal soldier, was shot and killed in P. O. Applegate's saloon on First Street, by one Henry Kokernot (pronounced Coaconut), a brother-in-law of W. W. Catlin. The shooting was said, at the time, to have been a plain case of mur- der, although the examining trial exonerated Kokernot. The slayer left Henderson soon after and has never returned. This was the great year in the history of the Presbyterian Church. It was here the C^hurch divided into two factions, the Northern faction 328 HISTORY OF HENDERSON COUNTY, KY. being led bv the great Robert Breckenridge, the Southern by the equally great Stuart Robertson. It was an exciting time in the his- tory of the Church, as very many who will be reminded of it by this brief mention, will well remember. 1866. Febrary 5th, the act before mentioned, was passed and approved, authorizing the Council to assess and collect annually for two years against each male inhabitant over twenty-one years of age, a capita- tion tax of fifty cents, and ad valorem tax of the same amount, on the same property allowed by law, and a specific tax of not exceeding fifty dollars upon the same property now allowed by the charter in addition to the taxes already assessed, to be appropriated to building the wharfs between Second and Third Streets. Owing to excavations in the hillside at Fourth Street along side of the old cemetery, and the exposed condition of many old and unknown graves, the Council ordered that all exposed remains should be re- moved and decently interred in the new cemetery, and that other graves then in the street beyond the line of tjhe Eastin survey be ex- amined, and if any remains were to be found they to be interred also. In January of this year the first daily mail was established be- tween Henderson and Louisville. January 11th, Stephen Duval, a white man, was publicly whipped by order of a jury for stealing meat from the market house. Tnere was a greater demand for houses this year than had been known for many years. April 1st, F. H. Dallam, one of the most learned and profound lawyers in the State, departed this life. Saturday, April 15th, Sterling Payne was killed in the intersec- tion of Main and Second Streets by Richard Allen in self-defense. An ordinance was passed May 1st directing the improvement of Second Street from Green Street through the Alves enlargement by grading, guttering and laying down a plank walk. On August 7th, 1866, an order was passed by the City Council directing the purchase of a city clock, provided it did not exceed in price eight hundred dollars. On the twentieth day of September a contract was made with E. Howard & Co., of Boston, Mass., for the present clock, at and for the price of five hundred and twenty-five dollars. Other expenses attaching, to-wit : freight, iron weights, put- ting it up and the expense of an expert from Boston to do the work, made the whole cost nine hundred and seventy-six dollars. No one HISTORY OF HENDERSON COUNTY, KY. 329 will gainsay the expenditure, for most assuredly this public time piece has proven a blessing to the public generally. THE N*:W WHARF. The work of grading the wharf had gradually progressed until it had become necessary to contract for the stone work. On the twelfth day of July City Engineer F. H, Crosby presented a profile and specifications of the wharf, together with a form of contract drawn by Messrs. Turner & Trafton, city council advisors, all of which were adopted. On the seventeenth day of July the contract was awarded to John Haffey at the following prices : For grading, 24 cents per cubic yard ; for graveling, $1.05 per cubic yard ; for sand 20 cents per cubic yard; for curbing, $1.30 per lineal foot; for paving, $4.25 per 25 feet surface measure and 9 feet deep. On the eighteenth day of July the contract was signed by P. B. Matthews, Mayor, on the part of the city, and John Haffey, John C. Stapp, William S. HoUoway and W. H. Sheifer on the part of Haffey. On the fourth day of December a license was granted Messrs. Crocket & Reichert upon their new public hall just completed and known as " City Hall." 1867. THE NEW CHARTER. Upon the incoming of Mayor P. B, Matthews the Council of 1866 and the City Council Advisors associated with them, it was deemed advisable that a new charter should be secured, and that a^ an early date, for many reasons. The charter and araendments then in existence were better calculated for the government of villages and towns, by no means what was needed for a progressive city of four or five thousand inhabitants. It conferred but few powers of a general nature, and in many of its parts conflicted with the laws of Congress, passed subseqent to the war, and, therefore, in so far, was non-operative and obsolete. The Council wanted and needed a charter conferring all general and special powers given to cities, in order that Henderson throttled by the damaging consequences inci- dent upon the coming and progress of the war, should come up out of her depressed and crippled condition, and assume a station among the leading and growing cities surrounding her on every side. It was necessary to pull out of the old rut and take on a new life by devising and encouraging new commercial and business enter- prises, by a general and systematic improvement of the streets and 330 HISTORY OF HENDERSON COUNTY, KY. public places of the city. In short to lay aside the village habits and take on the quick step of the wideawake city. To do this, therefore, Messrs. Turner & Trafton, City Council Advisors, on the eighth day of June, 1866, were appointed a committee and requested to prepare a charter and report at their earliest convenience. For some months this learned firm was diligently engaged in preparing a char" ter to meet the wants of the times, and on the sixteenth day of Jan- uary, 1867, made their report, which upon being read section by sec- tion, and every doubtful point thoroughly discussed, was unanimously adopted by the Board of six Counciimen then in office. Immediately after its adoption the charter was sent forward to Hon. G. M. Priest, Representative, then at Frankfort, with instructions to procure its pas- sage, which was done without one single change or alteration, and the same approved by the Governor February 11th, 1867. Under this charter the city was divided into four wards, giving to each ward two representatives in the Board. It extended the bound- aries of the city, greatly enlarged the judicial powers of the corpora- tion, defined the duties of the Legislative, Executive, Judicial and Ministerial Departments, and was in every respect a document cal- culated to meet the growing demands of the times. As an evidence of the real worth of this charter, it was, after its passage, adopted in whole or in part by several cities of the State, Owensboro, Covington and Paducah among the number. Since its passage sixteen years ago, many changes and amend- ments have suggested themselves, but in the main the charter of '67 remains yet intact, the law governing the municipality. It has worked well, and from its birth we can date the substantial and rapid growth of Henderson. The first election held under this charter took place on the sixth day of May, 1867, when two Counciimen from each of the four wards were elected, together with an Assessor, City Clerk, Treasurer and City Attorney. RAILROAD SUBSCRIPilON. On the eighth day of April, 1867, a petition signed by 354 legally qualified voters, constituting a majority of the qualified voters of Henderson, was presented to the Council, certified toby F. W. Reut- linger, A. J. Anderson, James H. Johnson, William H. Hopkins^ William Biershenk, P. B. Bryce, E. W. Worsham, John C. Stapp, J. W.Williams, W. A. Sandetur, George M. Priest, Thomas S. Knight, C. Sechtig, bearers of petitions, praying the Council to subscribe to the capital stock of the Evansville, Henderson & Nashville Railroad Company the sum of three hundred thousand dollars^ to be paid in the HISTORY OF HENDERSON COUI^TY, KY. 331 bonds of the city at par, one hundred thousand dollars payable in twenty years, bearing 8 per cent, interest, payable semi-annually, and two hundred thousand dollars -i^ayable in thirty years, bearing 7 per cent, interest, payable semi-annually. The people lost all control, went wild, they wanted a railroad, and, but for the action of the Council, General Boyle, President of the railroad company, would have asked and had readily given him rights, damaging to the city beyond the loss of any amount sub- scribed The Council refused to entertain his proposition until it had been modified in several particulars, and the city's interest more safely guarded. On the eighteenth day of April, an ordinance was passed mak- ing the subscription, and directing the issue and disposal of the bonds. John H. Barret was selected as the depository to hold and negotiate the bonds as directed in the ordinance and letter of Gen- eral Boyle to the Council. • It was an easy matter for the Common Council to count the number of those who had signed General Boyle's petition. It was an easy matter to determine the majority, and so it was an easy matter to direct the issue of three hundred thousand dollars of the city's bonds to aid in building the road, but to raise the twenty two thousand dol- lars of interest to be paid annually, was a matter of moment, few of those who had signed the petition had ever given a passing thought, yet this had to be done, and exactly how was the question. This Council felt no disposition to oppress anyone, it was their deter- mined wish to instruct the Assessor upon the most equitable plan possible, and yet they knew that no list of property could they decide upon as the proper one for taxation would be perfectly satisfactory to all parties concerned. In the act to incorporate the Evansville, Henderson & Nashville Railroad, passed and approved January 29th, 1867, is the following clause : " It shall be lawful for any election district or the legal voters thereof, through which the road may be located, to petition the County Judge of their county, by written petition, signed by the said voters, to subscribe to the capital stock of said company, for such sum as they may fix in their said petition, and on such conditions as may be accepted by said company, to be paid by a tax to be levied upon the taxable property of the said election district^ real and personal^ that may be subject to taxation under the general revenue laius of the State. '^ This then settled the question of taxation, and on the eleventh day of July a form was adopted, and under that form the Assessor 332 HISTORY OF HENDERSON COUNTY, KY. # reported taxable property to the value of $3,500,000, and to raise the sum of $22,000 interest and $6,000 to cover commissions and con- tingencies, a tax of 80 cents on the $100 was levied, and to make the payment of the tax as easy as possible, the Marshal was directed to collect one-half by the first of November, 1867, and the other by the first of May, 1868. The Assessor was directed to make his list as if taken the first day of June. This order met with opposition, as did every other order made by the Council. H. E. Rouse, Assessor, was indefatiga- ble in his effort to do his duty, yet he was met by determined oppo- sition, and was thereby compelled to appeal to the Council time and again. Several plans were adopted and changed, and finally it was determined to stand by the one adopted July 11th. This was con- tested by certain taxpayers by suit in the Henderson Circuit Court, and finally decided in the Court of Appeals December 4th, 1868, "4th Bush." From the syllabus to the decision the following is taken and deemed sufficient without copying the entire decision : John H. Barret & Co. vs. the City of Henderson ; the City of Henderson vs. John H. Barret : " When a city is authorized to levy a tax upon the taxpayers of the city taxable under the revenue laws of the State, such tax must be levied as of the date and upon the same persons and property as presc/ibed by the revenue laws of the State. Taxpayers, taxable under the revenue laws of the State, des- ignates both the person and subject of taxation." This decision then settled the vexatious question of taxation for railroad purposes. From the first assessment to this day, be it said to the credit of the taxpayers, the city has never defaulted in the pay- ment of her semi-annual interest. On the twenty second day of July, John H. Barret, custodian of the bonds, tendered his resignation and settlement of the trust, show- ing that he had received from the sale of bonds the sum of $34,500, and that he had paid out, including the sum of $500 allowed him for his services and expenses while in the East in the interest of the com- pany, the sum of $24,282.51, leaving a balance in his hands of $10,- 217.49, which was promptly paid to the Mayor of the city He sold and delivered thirty-three bonds and negotiated others, which were delivered by his successor. During his visit to the East he purchased with his own means Engine No. 1, known as the " Pony," and had it shipped to Hender- son, etc. On the thirtieth day of January this, the first engme ever seen in Henderson, was landed at the wharf and several days were con- HISTORY OF HENDERSON COUNTY, KY. 333 sumed in hauling it up the wharf, and through the streets over a tem- porary track to the depot where it was soon afterwards placed in run- ning order. When this had be&n done steam was raised and a shrill, keen whistle awakened the citizens to the absolute certainty that the Evansville, Henderson & Nashville tiailroad was a thing of life in- deed. This same afternoon the Mayor and Council, and several citi- zens were treated to a short ride over the five mile track which had been laid down before the war, but never before used. Upon the resignation of Mr. Barrett, Hon. Grant Green was ap- pointed and qualified his successor as custodian of the bonds. The gas works, which had become the property of the city by purchase, but had remained idle for a number of years, except the short time while under lease to W. A. O'Bryan, made December 6th, 1866, were again thrown upon the city, and what to do with them was a question the Council was anxious to settle permanently. On the 11th day of July a committee was appointed by the Council to let out the gas works and report. This committee contracted with T. M. Jenkins to take charge of the works as superintendent and manager, and filed the contract, which was adopted July 17th. ap- pointing him for fifteen years and appropriating seven thousand dol- lars to be expended in placing the works in first class repair, adding new machinery and extending the gas mains. The works were re- constructed, and under competent management have proven a most gratifying success, not only as an illuminating power, but as a profit- able financial enterprise. These works to-day, size and capacity con- sidered, are the equal of any to be found in the State. On the 7th day of August a contract was entered into by and between the city and Collins & O'Byrne for the grading of Second Street, commencing at Green, and running to the east line of Thomas Ryan's property on Alvasia street. On the 8th day of August the historic high bank of earth stand- ing on the river front, between third and fourth cross streets, known as '' Fort Nigger," was excavated and thrown back into a hollow or ravine lying between said bank and Water street. On the 19th day of August an ordinance was passed directing and ordering Water Street, between Second and Third, to be graded, guttered, curbed and graveled a width of fifty feet. On the same day an ordinance was passed directing Second Street to be opened one hundred feet in width, from Green Street to the eastern limit of the Alves' enlargement, near the residence of 334 HISTORY OF HENDERSON COUNTY, KY. James P. Breckinridge, and that it be established a public street and known by the name of Second upper cross street. On the 29th day of October a contract was awarded Dr. P. Thompson and John W. Alves, for paving on the south west side of Center Street, from the intersection of Green, to the north east cor- ner of Dr. Thompson's property. November 6th an ordinance was passed to pave on Main from Upper Sixth to Eighth cross street ; to plank from Eighth to Upper Eleventh; to pave from Lower Second to Fourth; to plank from Fourth to Lower Eighth on Main Street ; to pave between Upper First to Lower Third, or Powell Street, on Elm. During this year the handsome residences of Dr. P. Thompson, Thomas Soaper, A. H. Talbott (now G. I. Beatty's), A. T. Leslie and John E. McCaliister were built. On the 24th, 25th and 26th evenings of October the "Black Crook," a gorgeous spectacular drama exhibited to a multitude of delighted people on the Public Square. November 1st, the old " South Kentuckian " building, which stood on the corner of Main and First cross streets, was torn down and two small brick store rooms afterwards built in its stead. This building was one of the primitive land marks, and around it clustered memories most dear to many of the older inhabitants. It belonged to Governor Dixon. 1868. On the 20th and 21st evenings of January, Rear Admiral Semmes delivered his entertaining lecture, " The Cruise of the Alabama." February 19th, an act of the Legislature was approved, incorpor- ating William Bierschenck, Jac Reutlinger, Jac Peter, FcUk Fry, J. J. Deihl and P. Hoffman trustees of the Henderson German School. This school was established, but a few years afterwards merged into the public school. Saturday night, 19th, a demand was made upon Jailer J. W. Wil- liams for the person of one Jack Burle, by an organization called and known as " Kuklux." Upon a positive refusal to comply, an attempt was then made to force an entrance. Judge Cissell, then Circuit Judge, who lived only a short distance from the jail, was notified and in a short time appeared upon the ground, and by the use of good argument succeeded in persuading the mob to retire. Many of the purchasers of the Public Square having refused to pay for lots purchased at the public sale, the Mayor was instructed HISTORY OF HENDERSON COUNTY, KY. 335 to enter suit, which was done. The Court held the sale to be void upon the ground the city had no right to sell, and therefore could make no title. ^- March 3d, a contract was made and entered into betwen the city and Haffey & Stapp for grading and paving with stone, between the Main wharf and Clark's tobacco factory on Second Street. On the 7th day of April the Superintendent of Gas reported net receipts of the works for the preceding months of January and Feb- ruary, $899.60. At a meeting of the City Council held June 2d, the new wharf was received and guaranteed for ten years, by the city paying $500 per annum to the con-tractors, Messrs. Haffey & Stapp. On the 2d day of June the Mayor had read to the Council a lengthy message urging their careful attention upon certain proposi- tions regarded as of material interest to the city at that time. Among other things he called attention to the important and responsible trust committed to them. He dwelt at lengtli upon the paramount import- ance of a good system of public schools by which the children of the city could be educated at a comparatively small cost, many of them at no cost at all. He recommended the appointment of a suitable committee to thoroughly investigate the system of public schools as adopted in other cities, and then the propriety of submitting to a vote of the people the proposition to borrow a sufficient amount of money for the purposes in view. He also recommended the building of a Court room, Council room and prison, all to be included in one building. He recommended the organization of a good fire and hook and ladder company, with necessarry apparatus for controlling this devastating element. He recommended the general and permanent improvement of the streets of the city. He recommended the opening of Second Street to the city limits and its improvement. He recommended a good plank or gravel road to the cemetery. He recommended a liberal policy to- ward market men and by proper encouragement thus aid in building up a market, where the citizens could be provided at a reason- able cost. He also recommended that the outstanding indebtedness in scrip and judgments held by the purchasers of Public Square lots be funded by the issue of a sufficient number of interest bearing bonds. The message was received and referred to a committee of the whole to consider and report at some future meeting of the Council. 336 HISTORY OF HENDERSON COUNTY, KY. June 25th the following resolutions were adopted : '^Be it Resolved, That the Committee on Ways and Means be and they are instructed to report to the Council at its next regular meeting, or as soon thereafter as practicable, the best means ot issuing the bonds of the city, and state the amount of bonds that ought to be issued, the denomination thereof, the rate of interest they ought to bear, the time they ought to mature, the prob- ability of selling said bonds and for what amount, and all other facts in rela- tion thereto which in their judgment may seem proper. ^*Be it resolved further^ That the Mayor appoint a committee of five either of Councilmen or other citizens, any three of whom may act. who are request- ed to ascertain and report to the Council, at their earliest convenience, upon the best manner of establishing a public school in Henderson, and they wi'l state particularly what sum it will require to build and put in operation said school, the cost ot conducting the same, the best system of its government in all particulars, the character of building required, and all facts in relation to the subject they may deem proper " On the fourth day of August this committee reported, recommend- ing the preparation and passage of an act by the Legislature, giving the city full power to issue bonds and erect suitable buildings in which to carry on public schools; also, to authorize the city to 'borrow money by issuing her bonds, etc. Concerning the proposition to fund the outstanding indebtedness of the city, January 19th, 1869, an act was drawn and adopted by the Council authorizing the Council to issue the bonds of the city for that purpose. This act was passed by the Legislature and approved by the Governor June 16th. The Mayor was instructed to have printed and engraved $50,000 of city bonds and report his acts. July 6th, the bonds were reported to the Council, and upon motion the Mayor was directed to advertize requesting all persons holding scrip, judgments or other evidences of indebtedness against the city to come forward and report, and if satis- factory to take up the same by substituting in lieu thereof the bonds of the city payable thirty years after date bearing ten per cent, interest. This proposition proved a great success. All creditors were satisfied, and in three weeks' time, or as soon as the work could be completed, the Mayor had taken in, by substituting bonds, the entire outstand- ing scrip, judgment, and Public Square indebtedness, amounting to nearly $50,000. On the seventh day of September the Mayor reported in full his acts, and upon full investigation by the Finance Committee, the same was unanimously approved by the Council. HISTORY OF HENDERSON COUNTY, KY. 337 Prior to this time the city had no money, and could borrow none, but few citizens outside of the Council knew this. There was an im- mense amount of improvement going on, and other work being con- tracted for at each meeting of the^Council. Progress was the motto, and a trust to luck for the money to foot the bills was the understand- ing. It has been said the city at one time could not borrow money- To verify this : On the 3d day of November, 1868, the city needed $5,000. Application was made to both banks and moneyed men, but it could not be had. It was necessary to raise this amount or else let the whole business go to the wall. Seeing this, Mayor Starling and Councilmen William F. Reutlinger, and Leroy Martin, borrowed on their individual 'credit the amount of five thousand dollars, and relie\ed the city, taking a pledge from the Council that the amount should be refunded from the revenues to be collected. Several times during the year the members of the Council borrowed sums of money on their individual credit and loaned the same to the city, to enable her to carry on public work then under contract. Under the funding act the city was relieved, and soon after a Board of Sinking Fund Commissioners was organized, under a special act of the Legislature, with power to hold and use the various reve- nues specified for the purpose of reducing the outstanding debt and paying interest. As I proceed with this itemized history, the reader will see what an amount of public work was done, and will agree with a previous statement made, that the substantial and solid growth of the city dates back to the new charter of 1867. No one will ever know, but those who were actively employed, the immense amount of labor entailed upon the Councils of 1866, '67, '68, '69, '70 and '71, the manner in which they managed public affairs, conducted the multiplied improve- ments of the city, including streets, wharves, and public buildings, the levying of taxes, the collection of revenues, etc., etc. August 4th, 1868, the Market House had become too small, and another section, nearly equal to the original in size, was added to it August 25th, pavements around the Court House, on First and Main Streets, and on First to the river, and on Lower Main, were or- dered laid down. The extension of the gas mains and erection of street lamps was ordered in every direction where it was judged by the Council the extension would pay ten per cent, upon the investment. 22 338 HISTORY OF HENDERSON COUNTY, KY. Septt'mber 15th, a contract was made with Collins & O'Byrne to grade, giitier and curb Green Street, from First to Upper Third Street, to completely finish Main from Second to Lower Fourth Street. Clay and Fagan Streets were received and ordered opened sixty feet wide to the cemetery. October 6ih, a contract was entered into with Haffey & Stapp to grade and pa\e Third Street to low water mark, in the same manner the Main wharf had been done. November 17th, Second Street was purchased through the Breck- enridge property, and ordered opened to the limits of the city at the bridge. In July, 1868, an organization known as the '* Kuklux " appeared upon the streets of the city at night, alarming many citizens of the city, and committing, in one or more instances, acts contrary to law and order. It was said — with how much truth, however, is not known — that many of the best citizens of the city were members of the clan, and that its organization was intended to assist good government and the enforcement of the laws, that that portion of the organization were as much opposed to anything in the shape of outlawry as any citi- zen who refused to countenance the movement. Yet the movement was regarded generally as a dangerous one, calculated to do no good, but, on the contrary, to become the source of great evil. The Coun- cil regarded it as dangerous to the peace of society, ill-timed, and ab- solutely unnecessary, unlawful, and uncalled for, and therefore deter- mined, at all hazards, to suppress it, first by persuasion, if possible, if not, then by force, no matter how that force was secured or from whence it came. On the twenty-seventh day of July the following ordinance was passed : " Be It ordained by the Mayor and Common Council: First — That it shall be unlawful for any person to appear on the streets, alleys or highways of the city in mask or with his face or person so disguised that he cannot be recognized by casual observation of his acquaintance, and for each offense said person shall be fined not less than fitty nor more than one hundred dol- lars to be recovered by warrant or other fines, '* Second — It is hereby made the special duty of the Marshal and police to arrest all parties violating this ordinance, and for this purpose they shall have the power to call to their assistance any citizen of the city, and for a failure of the Marshal or police to faithfully discharge their duty, he or they shall be fined twenty-five dollars, and for a failure of such citizen to aid in ar- resting such person or persons, violating the first section of the ordinance, he or thev shall be fined ten dollars HISTORY OF HENDERSON COUNTY, KY. 339 " Be it further ordained, that the Mayor forthwith issue a proclamation calling upon all citizens to desist from appearing in disguise by day or ni^ht, disturbing the quiet of the city, and to warn them that if persisted in imme- diate measures will be taken to punish. them." Whereupon the Mayor issued the following proclamation : ** To all whom it may concenr: 'Your attention is called to the above ordinance, passed by the City Council at its meeting of Monday night last. In accordance therewith, you are earnestly requested to desist from any further such exhibitions of masks, guns, weapons and pretenses of authority unknown to and unrecognized by the law, as have attended your frequent appearances in the streets of the city within the past few weeks. The object of your organization and its plans and purposes I do not know, nor do I propose to inquire. That it is calculated in its etfects to do great and irremediable injury to the best interests of the com- munity, no right-thinking and prudent person will deny, and it will, if con- tinued, result in mischief, no one who has regarded the rise and pro^-ress of similar organizations in other localities, can doubt. If it be said it was organ- ized to reform abuses, which its members imagine exist in the community, I answer the laws are in full force and will be vindicated by a prompt resort to the remedies whenever they are known to be violated, besides the administra- tors of the law are men of your own choosing. If they fail to do their dutv the remedy is in yours and the hands of other citizens, and it is with vou and them to apply it. If your organization has for its object nothing beyond the indulgence of what you may regard as a little harmless pleasantry, through the media of masks and horns and howls, I answer, that such exhibitions are unseemly, annoying and mischievous, for the}' have been accompanied more than once with the display and use of weapons and the utterance of threats against those who are entitled to the p/otection of the law, and have resulted, too, in terrifying many peaceable and well disposed citizens. " If, as many persons suppose, this organization was intended to keep in subjection, to order and law, and to enforcr- habits o^ndustry and a respect for the observance of their contracts for labor, a certain class of our popula- tion, I answer, that class is ammenable to the law, and is entitled to the pro- tection of the .aw as much as any other, and that its members have been gener- ally well-behavfcd and orderly, and industriously engaged in maintainino- them- selves and families. This intended or threatened interference with their rio-hts, whether real or maginary, works a great injustice to that class, and will result in injury and damage to their employer, for some of them have been already, and many more will be, trightened into an abandonment of their contract for labor, leaving numberless fields untitled and crops unharvested. The tolera- tion of such an organization in our midst for any length of time will also have the tendency to induce some of our best citizens to seek more quiet and safer localities, while many who might otherwise be disposed to bring their capital to our growing and prosperous city for investment, will be deterred from do- ing so by its existence. Certainly its members, who probably have an equal interest with all our citizens in this matter, are not willing to see this result brought about by their agency. 340 HISTORY OF HENDERSON COUNTY, KY. *• Then, when it is considered how many outrages may be committed under the color and seeming sanction of tliis organization it is hoped that the most thoughtless of the members may be induced to abandon and discontin- uance it. A band of highwaymen taking advantage of the fact that this organi- zation exhibits itself unmolested in our streets, may any night, disguised as they are generally, penetrate the city and rob the bariks and stores and escape un- harmed to their hiding places, and a cowardly villian, malignant and thirsting for blood, may safely and surely, under the assumed mask ol this organization, take the life of a good citizen, whom he fancies has wronged him ** Viewed in the length of all the consequences which will flow from it the organization is wrong, unnecessary and dangerous and ought to be aban- doned, or failing in that, suppressed. I therefore earnestly urge upon all its members, a prompt compliance with the ordinance above cited, lay aside for- ever your masks, make no more parades upon the streets and alleys of the city, and show yourselves supporters of the laws as they are. liut if you will not do this, it will be my imperative duty to see the observance strictly en - forced, and I shall certainly dq so to the extent of the powers vested in me. Respectfully, *' E. L. STARLING. This proclamation was received in good part so far as the fact could be known, and many of the leading members of the clan de- termined to abide by the advice given. There were others, though, who preferred to resist the authority of the law, and did turn out again. Mention has been made of the attack upon the county jail* Upon this movement being made the Council appropriated one thou- sand dollars and passed the following ordinance : •' Be it ordained, that the Mayor is authorized to employ such additional police as he may think necessary, for such length of time as he may see proper, and at a compensation not exceeding that received by the present police." It was understood that this force should not be known and that its duties should be to detect members and report their names. The authority of the law began to close around the boys a little closer than they had suspected, and many interviews were held with the Mayor by those suspected of being members One youngster who was going to leave the city to make his home elsewhere, ventured as a friend to confess his connection with the clan and to furnish a full list of the membership. Whether this young Kuklux told the truth or not has never been known. It is enough to know that the law-abiding portion of the clan saw the folly and danger to come out of such nonsense and were mainly instrumental, and finally succeeded in disbanding the or- ganization. They held their last parade with the distinct understand- ing that that was to be the last, proceeded to the lower end of the HISTORY OF HENDERSON COUNTY, KY. 341 city, fired off their guns, pistols, etc., made peace with the world and nothin