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GC 976.9 R544p 1596246
IV
REYNOLDS HISTORICAL GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01713 4880
Digitized by the Internet Archive in 2016
https://archive.org/details/petitionsofearly00robe
JAMES ROOD ROBERTSON, M. A. Ph. D. Member of the Filson Club.
--
FILSON CLUB PUBLICATIONS No. 27
PETITIONS OF THE EARLY INHABITANTS OF J KENTUCKY TO THE
General Assembly of Virginia 1769 to 1792
BY
JAMES ROOD ROBERTSON, M.A.Ph.D.
Member of the American Historical Association, the Filson Club, the Ohio Valley Historical Society, and the Oregon Historical Society; Professor of History and Political Science in Berea College.
LOUISVILLE, KENTUCKY JOHN P. MORTON & COMPANY ( Incorporated) PRINTERS TO THE FILSON CLUB 1914
1596246
COPYRIGHT, 1915, BY THE FILSON CLUB
All Rights Reserved
DEDICATED TO THE PIONEERS OF KENTUCKY Men and women whose courage, endurance, and integrity laid well the foundations of our first common- wealth west of the Alleghany Mountains.
PREFACE
T HE petitions here printed are offered as a contribu- tion to the early period of Kentucky history. During a visit of the editor to Richmond, Virginia, in the summer of 1910, they were found in the archives of that State. The archivist had recently segregated them from a large mass of other material and an examination of the contents showed their value as a source of information on the beginnings of Kentucky.
The petitions are printed verbatim, with the thought that they will be more useful and interesting to the student of history in the language of the pioncer inhabitants of our first Commonwealth west of the Alleghany Mountains. The editor has added foot-notes which may help to explain the purpose, the subject-matter, and the effect of the various petitions.
The names attached to the petitions have been separated from them and arranged in alphabetical order, with num- bers referring to the petitions on which they appear. This saves considerable space, as many of the names are signed to two or more petitions. It also makes reference to them more easy.
The appearance of the original material from which these petitions were copied may be seen in the facsimile
[ v ]
Preface
of a petition from the settlers of Lincoln County. This is, however, better than the average in form and state of preservation. Many of the petitions are worn, the writing faded, and the style not so good as the illustration given.
The wording of the petitions, though formal, is full of life and spirit, and in some cases reflects quaintness of expression. There is always a respectful deference for the authority of the Commonwealth of Virginia at the same time that freedom of speech is indulged.
The petitions are printed in chronological order rather than topical, with the thought that the development of community life can best be seen in that way. The first petition is dated 1769 and the last 1831. Only two are earlier than 1776 and six later than 1792. Thus they are seen to pertain to the period when Kentucky was a County of Virginia and those of earlier and later date are logically connected with that period. Thus the collection presents a unity that is valuable.
The collection does not include petitions which were sent to the National Government at Philadelphia or New York which have been used extensively in the printed histories of Kentucky, as they have been more accessible than the ones here printed. Nor is the collection entirely complete, as there are some laws, passed by the Assembly of Virginia, evidently based on petitions which have not been found. The collection, however, is essentially com- plete, and is fully representative of the activities of the pioneer population.
[ vi ]
Preface
I desire to express appreciation to the following for assistance rendered me in the preparation of this book: To William G. Frost, President of Berea College, for encour- agement and financial aid in gathering the material; to the late Colonel Reuben T. Durrett, formerly President of the Filson Club, for use of his extensive library: to R. C. Ballard Thruston, President of the Sons of the American Revolution, for his cordial interest and support; to the Filson Club and its officers for publication; to Doctor H. R. McIlwain, Librarian of the State Library of Virginia, and Doctor H. J. Eckenrode, Archivist of State Library of Virginia, for cour- tesies in use of source material in the Virginia archives.
JAMES ROOD ROBERTSON.
Berca College,
Berea, Kentucky.
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CONTENTS
PAGE 1
INTRODUCTION
PETITION No. 1. Request of the inhabitants east of the Alleghany Moun- tains for sixty thousand acres of land in the upper valley of the Cum- berland River. 35
PETITION No. 2. Request of the inhabitants of Kentucky at Harrodsburg to be taken under the jurisdiction of Virginia. 36
PETITION No. 3. Request of the Committee at Harrodsburg to be taken under the jurisdiction of Virginia. 38
PETITION No. 4. Request of Thomas Slaughter and other inhabitants of Kentucky for a method of defense 11
PETITION No. 5. Request of Hugh MeGary for compensation for services rendered as a messenger to Fort Pitt.
42
PETITION No. 6. Request of the inhabitants of Kentucky for salt manu- factories . 43
PETITION No. 7. Request of Nathaniel Henderson for compensation for a negro slave killed at Fort Boone.
41
PETITION No. S. Statement of grievances by inhabitants of Kentucky in regard to land laws and request for a remedy. 15
PETITION No. 9. Statement of grievances by the inhabitants of Boone's Fort and request for a grant of six hundred and forty acres for town site and a board of trustees
PETITION No. 10. Request of Richard Calloway for the right to establish a ferry across the Kentucky River at Boonesborough 33
PETITION No. 11. Request of the inhabitants at the Falls of the Ohio River for an act to establish a town at that place. 53
PETITION No. 12. Request of the inhabitants north of the Kentucky River for a division of the County of Kentucky 55
PETITION No. 13. Request of George Rogers Clark for confirmation of a grant of thirty-rix thousand acres of land northwest of the Ohio River, given to him by the Indians
57
PETITION No. 14. Request of the inhabitants of Lexington for a grant of land for a town site.
PETITION No. 15. Statement of grievances by the inhabitants of Kentucky and a request either for a better government or independence from Virginia 62
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Contents
PAGE
PETITION No. 16. Request of the inhabitants of the three counties of Ken- tueky for the old land law which required cultivation; also for the creation of a Superior Court. 66
PETITION No. 17. Request of inhabitants of Lincoln County for laws to secuire better military protection, care of orphans, civil marriage, and stray stock. G8
PETITION No. 18. Request of the trustees appointed to hold forfeited land, used for school purposes, for an extension of powers. 69
PETITION No. 19. Request of John Campbell that the act creating the town of Louisville be repealed. 72
PETITION No. 20. Request of John Morton for aid in seeuring a title to land pre-empted in Fayette County .. 73
PETITION No. 21. Request of Patrick Doran for a warrant on a tract of land pre-empted in Lincoln County 74
PETITION No. 22. Request of William Lytle for aid in seeuring the title to a traet of land at a place called Dry Run. . .
74
PETITION No. 23. Request of the inhabitants of the District of Kentucky for the establishment of Circuit Courts. 76
PETITION No. 24. Request of the inhabitants of Kentucky either for a better government by Virginia or a statement of the intentions of that Commonwealth.
78
PETITION No. 25. Request of the inhabitants of Jefferson, Fayette, Lin- coln, and Nelson Counties for an act acknowledging the independenee of Kentucky from Virginia.
79
PETITION No. 26. Request of the inhabitants of Lincoln County for a grant of land for a town site.
82
PETITION No. 27. Request of the inhabitants of Lincoln County for a division of the county. S4
PETITION No 2S. Request of the inhabitants of the County of Fayette for a division of the county. 85
PETITION No. 29. Request of James Hogan for the right to establish a public ferry across the Kentucky River near Hickman's Creek .. . ..
PETITION No. 30. Request of David Crews for the right to establish a public ferry aeross the Kentucky River near Jack's Creek. SS PETITION No. 31. Request of William Stecle for the right to establish a public ferry aeross the Kentucky River at Stone Liek. $9
PETITION No. 32. Request of the inhabitants of part of Bourbon County at Limestone Settlement for division of the county. 89 PETITION No. 33. Protest of the inhabitants of Bourbon County against a division of the county. 91
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Contents
PAGE
PETITION No. 34. Request of the inhabitants of Washington, in Limestone Settlement of Bourbon County, for the grant of land for a town site .. 91
PETITION No. 35. Request of James Holloway for land in payment of services in the Revolutionary War. 92
PETITION No. 36. Request of the inhabitants of Lincoln County for the establishment of the town of Stanford. 93
PETITION No. 37. Request of Jane Todd for the appointment of trustees for an estate left by John Todd of Fayette County 95
PETITION No. 38. Request of Mary Ervin to be allowed to inherit the land of John Askins 96
PETITION No. 39. Request of Christopher Greenup, Clerk of Supreme Court of Kentucky, for change of procedure in regard to taxes arising from legal processes. 97
PETITION No. 10. Request of the inhabitants of Fayette County for the in- spection of tobacco at the mouth of Hickman's Creek, on the north side of the Kentucky River. 98
PETITION No. 41. Request of Ignatius Mitchell for the establishment of a town to be called Charlestown, on his land on the Ohio River near Lawrence's Creek. 100
PETITION No. 42. Request of the inhabitants of the District of Kentucky for establishment of a Commission to settle pay rations and other claims under expeditions of Clark and Logan. 100
PETITION No. 43. Request of the inhabitants of Fayette County for the establishunent of tobacco inspection on the Kentucky River near the mouth of Stone Lick 102
PETITION No. 44. Request of James Buchanan of Bourbon County that a public ferry be established on his lands across Licking Creek. . 103
PETITION No. 45. Request of sundry inhabitants of Fayette County for the establishment of tobacco inspection on the land of General Scott on the Kentucky River near Craig's Creek. 105
PETITION No. 46. Request of the inhabitants of Lexington for an aet incorporating the town. 106
PETITION No. 47. Request of sundry inhabitants of Fayette, Bourbon, and Madison Counties for a new county to be created from them, with courthouse at Boonesborough. 107
PETITION No. 48. Request of the inhabitants of Limestone Settlement and other parts of Bourbon County for a division of Bourbon County. ... 108
PETITION No. 49. Protest of the inhabitants of Bourbon County against a division of the county 110
PETITION No. 50. Request of the Trustees of Transylvania Seminary for one-sixth of Surveyors' legal fees, for support of the Seminary ...... 112
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Contents
PAGE
PETITION No. 51. Request of inhabitants of Fayette County for tobacco inspection on Kentucky River near the mouth of Stone Lick Creek. ... 113
PETITION No. 52. Request of the inhabitants of Fayette County for a division of the county 114
PETITION No. 53. Protest of the inhabitants of Fayette County against a division of the county 116
PETITION No. 54. Request of the inhabitants of the Limestone Settlement of Bourvon County for a division of the county . 117
PETITION No. 55. Protest of the inhabitants of Bourbon County against a division of the county. 119
PETITION No. 56. Request of the inhabitants of Bourbon County for tobacco inspection on Lieking Creek 120
PETITION No. 57. Request of the inhabitants of Bourbon County for the establishment of a town at Bourbon Courthouse .. 121
PETITION No. 5S. Request of the inhabitants of the District of Kentucky for a repeal of the Aet of Separation. 121
PETITION No. 59. Request of George Muter, Samuel McDowell, Caleb Wallace, and Harry Innes that taxes be made payable in specie .... 122
PETITION No. 60. Request of the inhabitants of the District of Kentucky that Lexington and Bardstown be appointed as places for sittings of the Supreme Court 124
PETITION No. 61. Request of Benjamin Stevenson, that he be relieved from the penalty of the law against bringing slaves into Kentucky without notice 125
PETITION No. 62. Request of the inhabitants of Bourbon County for the establishment of the town of Hopewell! 127
PETITION No. 63. Request of the inhabitants north of the Kentucky River for tobacco inspection on the Kentucky River near Tate's Creek 128
PETITION No. 64. Request of the inhabitants of Kentucky for appointment of Commissioners by Supremie or County Courts for locating places for tobacco inspection 129
PETITION No. 65. Request of the inhabitants of Fayette and Bourbon Counties that a new county be created from paris of the same . 130
PETITION No. 6G. Protest of sundry inhabitants of Bourbon County against a division of the county 131
PETITION No. 67. Request of the inhabitants of Fayette County for the establishment of tobacco inspection on fands of Eli Cieveland on the Kentucky River 132
PETITION No. 6S. Request of the inhabitants of the town of Louisville for the appointment of trustees who live in the town. 133
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Contents
PAGE
PETITION No. 69. Request of the inhabitants of Kentucky that the Supreme Court be not removed. 134
PETITION No. 70. Request of William MeKenzie for value of forfeited lands of Robert MeKenzie which were taken for a publie school. 137
PETITION No. 71. Request of Anne Craig that the right of eselicat of lands of James Douglass may be set aside in the interests of a debt to her ... 13S
PETITION No. 72. Request of some inhabitants of Fayette County for tobaeeo inspection opposite Boonesborough and on Howards Creek .. 139
PETITION No. 73. Memorial of the Convention of the Distriet of Kentucky which asks for an amendment to the aet separating Kentucky from Virginia. 140
PETITION No. 74. Request of the inhabitants of Lineoln County living on lands reserved for officers and soldiers, for a division of the county . . . . 141
PETITION No. 75. Request of Jane and Robert Todd, executors, for powers in regard to sale and conveyanee of estate of Jolin Todd 142
PETITION No. 76. Request of the inhabitants of Lexington for certain powers and authorities. 143
PETITION No. 77. Request of the inhabitants of Bourbon County for the right to erect grist mills on the Stoner and Hinkson's forks of the Licking River 144
PETITION No. 78. Request of the inhabitants of Bourbon County to estab- lish the navigation of the Licking River and that grist mills be not ereeted. 1-45
PETITION No. 79. Request of sundry inhabitants of Bourbon County that the navigation of the Licking River and its forks be not impeded by grist mills. 146
PETITION No. 80. Request of the trustees of the town of Hopewell that the land on which the town is located be condemned and vested in the trustees, and that the name be changed to Paris 147
PETITION No. 81. Request of Laban Shipp that no act be passed in favor of navigation on the Lieking River and its forks that will eause the removal of his mill. 148
PETITION No. S2. Request of the inhabitants of Bourbon County for act to allow the ereetion of grist inills on the Licking River and its forks .. 150
PETITION No. 83. Request of claimants to tracts of land in the Illinois grant and others, for an extension of time to give proof before Com- missioners. . 151
PETITION No. 84. Request of sundry inhabitants of Bourbon County for the establishment of tobacco inspection on land of Lawrenee Protzmian. 152
PETITION No. S5. Request of William Bruce and John Linn for compensa- tion as seouts in 1789. 133
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Contents
PETITION No. S6. Request of James Smith that he be grauted the right PAGE
to prove his pre-emption claim to land improved in 1773. 154
PETITION No. 87. Request of the inhabitants of the town of Maysville for an extension of time, to fulfill the requirements for title to their lots .. 155
PETITION No. SS. Request of some inhabitants of Bourbon County for an extension of time for recording deeds, on account of death of the sheriff . 156
PETITION No. 89. Request of William Shannon for the adjustment and settlement of his accounts as Commissary and Quartermaster to the Illinois Department 157
PETITION No. 90. Request of the Trustees of Transylvania Seminary for the right to raise money by a lottery 160
PETITION No. 91. Request of the Trustees of Transylvania Seminary for a reduction of the number of trustces 161
PETITION No. 92. Request of Henry Banks that the register of land office be authorized to accept land warrants on a claim. 162
PETITION No. 93. Request of the inhabitants of the District of Kentucky for an extension of time for recording surveys, as required by a new land law of 1791. 164
PETITION No. 94. Request of John Crow for compensation for keeping Indian prisoners. 165
PETITION No. 95. Request of Isaac Ruddle for payment of claims for service and horses furnished, thus far unsettled because of charges of dis- loyalty 168
PETITION No. 96. Request of Levi Todd, Clerk of Fayette County, for the refunding of money paid as tax on clerks 109
PETITION No. 97. Request of Joseph Martin for the establishment of a ferry across the Cumberland River 170
PETITION No. 98. Request of James McAfee for compensation for supplies furnished the troops at the Falls of the Ohio in 1780 and 1781. .... 171
PETITION No. 99. Request of James Wilkinson for the establishment of tobacco inspection at Frankfort. 171
PETITION No. 100. Request of George Rogers Clark for the payment of his general statement of claims, debts, and arrearages, due for services and for advances to the State. 172
PETITION No. 101. Request of John Campbell for payment of wages as inspector of tobacco at the Falls of the Ohio 174
PETITION No. 102. Request of John Stewart for the right to enter and survey a tract of land on the Licking River, improved by Henry Stewart in 1775. 176
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Contents
PETITION No. 103. Request of James Gilmore and Stephen Huston, for PAGE
compensation for service as scouts. 177
PETITION No. 101. Request for delay in the establishment of a ferry aeross Patterson's Creek . . 177
PETITION No. 105. Request of George Rogers Clark for half pay for life or full pay for five years 178
PETITION No. 106. Request of Daniel Boone for a land-office treasury warrant for six hundred and twenty-eight acres of land. 178
PETITION No. 107. Request of James Bullock for duplicate certificate issued for a horse impressed into the service of the State. 170
PETITION No. 108. Request of William Bledsoe for a warrant on the treas- ury in payment for a beast taken into service in 1782. 179
PETITION No. 109. Request of Edmond Southard and his wife Sarah, for a land-office treasury warrant for land unlocated thus far because of the separation of Kentucky from Virginia and other causes. . . .
180
PETITION No. 110. Request of Berry Cawood of Harlan County for a grant of land in lieu of land to which he was entitled in the traet set apart for Clark and his soldiers. . . 186
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LIST OF ILLUSTRATIONS
The Author
Frontispiece
Opposite Page
Facsimile of Surveyor's Map of Kentucky
61
Facsimile of Petition of the Inhabitants of Lincoln County
82
Facsimile of Signatures attached to the Petitions
130
Facsimile of Signatures attached to the Petitions
189
INTRODUCTION
The value of this collection of legislative petitions of early Kentucky is general as well as local. Since Ken- tucky was the first Commonwealth to be established west of the Alleghany Mountains, anything which illustrates the formative growth of society is significant of the subsequent growth of the nation westward. It is believed that these petitions will prove of interest and value for three main reasons: First, as an illustration of the process of petitioning; second, for the subject-matter contained in them, and third, for the list of names attached to the petitions which is a large one and representative of the pioneer population.
. The right and the practice of petitioning is an old one, ยท much prized by our English ancestors. It has occupied an important place in the development of liberty and govern- ment by the people. It was in use in the Colonies and their records all show to what a large extent it figured. Hence, it may be said that the early settlers of Kentucky, in petitioning, were only doing that which they were accus- tomed to do east of the mountains.
The petitions here presented are the basis of almost all the legislation of Virginia for her western settlers. The editor has followed them through the various steps of legislation as recorded in the Journal of the House of Burgesses, the Journal of the Convention, the Journal
[ 1 ]
.
Introduction
of the House of Delegates, the Calendar of State papers, and the Statutes as edited by Hening. In many cases the preamble of the bill enacted repeats the substance and in some cases the very phrases of the petition, thus linking the two together in a most interesting and unique manner.
A regular process was followed in the matter of petition. The law required posting for a certain length of time that all might have an opportunity to be acquainted with the contents. Certifications of such posting may be seen to accompany several of the petitions as printed. Then the petition was taken to Williamsburg or Richmond, either by Kentucky's representative to the Virginia Assembly or by a special messenger. Before the outbreak of the Revolu- tion the petition was addressed to the colonial Governor, and after that to the legislative body. Only one of our petitions was thus addressed to the Governor and a second referred to in the Calendar of State Papers. All the others are addressed to the Convention, the General Assembly, or the House of Delegates.
If a western community was not organized it sent its petitions to the most westerly county by which it was forwarded to the capital. Thus the settlers of Kentucky gained access to the car of the legislative body through Fincastle County. The organization of a body of settlers into a committee to petition was the first step in the forma- tion of civic life in the westward expansion of population.
The petitions presented to the legislative body must, by the law of Virginia, be deposited with the Clerk of the
[ 2 ]
Introduction
House of Delegates. The Clerk read the petition and it was then referred to one of the standing committees, of which there were five-on religion, on propositions and grievances, on claims, on courts of justice, and at times on the state of the country. Special committees were some- times appointed, and often petitions were considered by committee of the whole. These committees were appointed at the beginning of the session and often were composed of the most prominent men of the Commonwealth. Thus the affairs of the distant western settlers were sometimes discussed by such men as Henry Lee, Patrick Henry, James Madison, and Thomas Jefferson.
The House ordered the committees to which the matters were referred to take them under consideration and make a recommendation. In the original documents the course through which the petitions passed is endorsed on the back as they were filed away. These endorsements are given in the notes to the text of the petitions. If the judgment of the committee was favorable the word "reasonable" was written across the back and a bill was generally drawn to conform to the request. If the judgment was not favorable the word "rejected" was written across the back, and no bill was enacted. Sometimes the petitions, if important, passed through quite a long and devious course, as may be seen. In some cases the requests were divided and part were granted and part rejected. The reasons for this action are not on record, though it may often be inferred from the action or the language in the Journals.
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Introduction
The statutes which match these petitions are well known and embody, in general, the substance of the peti- tions. They consist of a preamble, an enacting clause, and the provisions of the law. The petitions, however, add considerable to our knowledge as they give us the settler's point of view in his own language. Taking the two together it is possible to have as perfect a picture as may be of the relations of the old Commonwealth and her remote inhabitants. That these distant settlers suffered is cer- tainly true; that they were dissatisfied with their parent State is evidenced by the petitions they sent to the Govern- ment at Philadelphia; but one can not make a study of the petitions and the laws based upon them without being impressed with the fact that Virginia attended to the affairs of her "good people" on the "western waters." The impression is left of a population self-assertive and resourceful but withal respectful toward constituted authority.
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