USA > Kentucky > Jessamine County > A history of Jessamine County, Kentucky, from its earliest settlement to 1898 > Part 6
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Present my compliments to Mr. Bowman and John Marshall.
Your obedient servant,
JOHN PRICE.
Col. John Price induced many of his Virginia friends to settle in the Marble creek neighborhood. The following letter to Lewis Tapp will be extremely interesting, as he has many de- scendants in Jessamine county :
Lexington, Ky., May 10, 1805.
Dear. Sir and Friend : I have received yours of April 2d. I take preat pleasure in informing you that if you have a desire to leave Virginia and settle in Kentucky I would advise you to pay a visit to this portion of Kentucky. Jessamine county was formed eight years ago. I settled in the limits of the county in 1788 The population is 5,400. The surface of the land for the most part gently undulating, rising here and there into hills and moderate elevations. The timber is white ash, hickory, hackberry, elm, white oak, also white and black walnut. Besides this variety of timber in the county, cedar trees, yellow poplar, beech and cherry is scattered over various parts of the county. The principal creeks in the county are Hickman and Jessamine. There are also numerous smaller streams well distributed throughout the county. You can buy good land in this town for $20 per acre and in Elkhorn first-class land is worth from $10 to $12 per acre.
As I am just in the act of going to Nashville in Jesse Cogar's flat-boat at Frankfort, I trust you will make us a visit soon.
Your old friend, JOHN PRICE.
Lewis Tapp, Staunton, Augusta county, Va.
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History of Jessamine County, Kentucky.
In response to this invitation Lewis Tapp came to Kentucky and settled in the Marble creek neighborhood, four miles from the residence of Colonel Price. He raised a large family of great respectability, and died in 1822. Tapp's Branch is named in memory of him.
On the 22d day of April, 1799, an order was entered fixing the seat of justice for Jessamine county at the place now occupied by the town of Nicholasville. The following order, entered by six of the justices of the peace, determined the county seat:
"At a court began and held for the county of Jessamine at the house of Jonas Davenport in said county, on Monday, the 22d day of April, 1799,
"Present, ---- Lewis, Thos. Caldwell, Gab'l Mattison, Geo. Walker, Jas. Johnson and --- Price, gentlemen justices.
"Ordered that the seat of justice for Jessamine county be per- manently fixed on the lands of Thos. Caldwell and Chefley Gates on the Hickman road."
The blank before the name of Lewis should have been filled with William, and the blank before the name of Price should have been filled with the name of William.
As there were nine justices, it required five for a majority.
The original act creating Jessamine county, directed that the location of the county seat should be determined only by a ma- jority of the justices. William Scott, Hugh Chrisman, and John Freeman were not present at the time of the entering of this order, but Thos. Caldwell, one of the justices who voted, was joint owner with Chesley Gates of the twenty-five acres which had been laid out by Rev. John Metcalf, on the 16th of September, 1798.
The county had not been formed at the time of the first survey of Nicholasville, but was only created on the 19th of December, three months afterwards ; nor had the town of Nicholasville been officially recognized until the 26th day of August, 1799. On that day, proceeding under the statutes of Kentucky then in force for the establishment of towns, another order was entered, on the mo- tion of Thos. Caldwell and Chesley Gates, which is as follows :
At a court begun and held for the county of Jessamine at the court house thereof on Monday the 26th day of August, 1799.
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History of Jessamine County, Kentucky.
Present, Will Lewis, James Johnston, Geo. Walker and John Lewis, gentlemen, justices.
On the motion of Thomas Caldwell and Chesley Gates it is ordered that a town be established on their lands lying on the Hickman road, at the place where the seat of justice for said county is established, to be called and known by the name of Nicholasville and bounded as follows to wit: Beginning at a stake in Caldwell's field running W. 12 deg. E. 87 poles to a stake ; thence S. 78 deg. E. 36.84 poles to a stake ; thence S. 12 deg. W. 42 poles to a stake ; thence S. 78 deg. E. 14 poles ; thence N. 12 deg. E. 2 poles ; thence S. 78 deg. E. 3 poles ; thence S. 12 deg. W. 5 poles ; thence N. 78 deg. W. 17 poles ; thence S. 12 deg. W. 42 poles; thence N. 78 poles W. 36.84 poles to the beginning. And it is further ordered that Joseph Crockett, William Shrieve, Richard Young, James Johnson, Gabrl. Madison, William Robards, Nicholas Lewis, James Davenport, Patrick Gray, Phil. Webber and Chesley Gates be appointed trustees of the said tow11.
These trustees were simply appointed for the benefit of the land owners. It was their duty to make disposition of the lots in the town of Nicholasville, which now for the first time was officially recognized as the name of the county seat ; so that in celebrating the centennial of Nicholasville on September 16, 1898, it is a celebration of the centennial of its survey, rather than of its first official existence and recognition.
The contest in regard to the location of the seat of justice be- gan even before the creation of the county by legislative authority. The establishment of a new county had been under discussion throughout the territory for quite a while. The petition which had been prepared for the legislature and the agitation of the question concerning the existence of a new county, had been more or less discussed by the people within the limits of the proposed county. It was difficult, of course, to determine exactly where the line would run, but the tremendous bend in the Kentucky river-which forms almost a horse-shoe-rendered the location of the county line very easy, as it was only necessary to run from the Kentucky river on the one side, to the Kentucky river on the other side, in order to cut off a county of reasonable proportions.
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History of Jessamine County, Kentucky.
Quarter Session Judges.
The first session of the Court of Quarter Sessions was held at the house of Fisher Rice, in the county of Jessamine, on the 25th day of March, 1789. Governor Garrard commissioned Joseph Crockett, William Shireve and Richard Young as justices of the Court of Quarter Sessions.
The Court of Quarter Sessions then heard all matters except criminal matters, and these were heard in the District Court at Lexington. These three gentlemen were all present at Fisher Rice's on the said day, and they unanimously appointed Samuel H. Woodson, clerk of the Jessamine County and Quarter Session Court. Mr. Woodson immediately entered upon the discharge of his duties, with Joseph Crockett as his security, his bond being in the sum of $1,000. Joshua Lewis was on the same day ap- pointed by the Court of Quarter Sessions state's attorney to prose- cute causes for the Commonwealth within Jessamine county.
The first lawyers to qualify in the county for the practice of law were Joseph Lewis, Willianı McDowell, Samuel Venable, and Fielding L. Turner. These were all on that day qualified for practice in the Quarter Session Courts. Fielding L. Turner was the father of the Hon. Oscar Turner, so long a distinguished member of Congress from the First District of Kentucky. He removed from Kentucky to New Orleans, where his son Oscar- was born in 1829.
On the following day, March 26, 1799, the first session of the court was held, the members of the court having qualified on the previous day.
The house of Fisher Rice was used as a place for holding Quarter Session Courts for several years. Courts were also held at the house of Samuel H. Watson, the clerk of said court, who" then lived on the farm now the property of the Shelys.
In those days it was necessary to appoint commissioners to value certain lands taken by the sheriff under execution. John: Hawkins, Patrick Gray, Joseph Chrisman, John Mckinney, and Jonas Davenport were appointed said commissioners, and this. was the first order ever made by court of record in Jessamine- county.
The second grand jury of Jessamine county empaneled in
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History of Jessamine County, Kentucky.
the summer of 1799, had for its foreman Manoah Singleton, and among its members were Francis Lowens, Benjamin Netherland and Samuel Rice. The first indictment for selling whisky was found at this term of court against William Patterson, and the information on which this presentment or indictment was found was given by two members of the grand jury, Frances Lowens and S. Walters.
The first man who ever took out license to keep a tavern in Jessamine county was Maj. Benjamin Netherland. A free negro, Bob Speed, was also a prominent caterer in those days, and he also took out a license to keep tavern. and some of the most prominent men, especially among the lawyers, have dined at his tavern, which was at a corner on Main street immediately op- posite the court house.
First Court.
The first court held in Jessamine county was on the 25th of February, 1799. The members of the court assembled at the house of Fisher Rice, who lived in the field opposite the Kleber Price place, and where Mrs. Bridget O'Connell now lives. The record says: "At said time and place commissions were pro- duced from Governor Garrard, directed to William Lewis, Thos. Caldwell. William Scott, Gabriel Madison, George Walker, Will- iam Price, James Johnson, John Lewis, John Berry, Hugh Chris- man and John Freeman, appointing them Justices of the Peace in and for the county of Jessamine, whereupon William Lewis, Esq., first named in the commission aforesaid, administered the several oaths prescribed by law, to Thomas Caldwell, William Scott. Gabriel Madison, George Walker, William Price, James Johnson, John Lewis, John Berry, Hugh Chrisman and John Freeman ; and Thomas Caldwell, Esq., administered the said oaths to Will- iam Lewis, and then the court was held for the said county."
"Present the gentlemen within named. Charles West, Esq., produced a commission from the Governor, James Garrard, ap- pointing him sheriff for the county aforesaid, which, being read, the said West took the several oaths prescribed by law, and. to- gether with Major Dickenson, Frances Lowens, Patrick Gray and
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History of Jessamine County, Kentucky.
John Scott as sureties, executed their bond to the Governor of the Commonwealth, in the penalty of $3,000, conditioned as the law directs for the due performance of duties."
The court then proceeded to the appointment of a clerk, one Samuel Hughes Woodson, who was appointed Clerk, pro tem., who, thereupon, took the several oaths prescribed by the laws of this state, and the Constitution of the United States, and, to- gether with Joseph Crockett and Andrew McGill entered into bond to the Governor in the penalty of $1,000, as the law directs, which bond was ordered to be recorded."
"County Surveyor, Frederick Zimmerman, produced in court a commission from Governor Garrard, appointing him surveyor of this county, whereupon he executed bond in the penalty of $2,000, with James Curtin and Frances Lowens as securities, con- ditioned according to law. He took the several oaths prescribed by the laws of this state and the Constitution of the United States."
At this meeting the first bridge ever constructed in Jessa- mine county was ordered to be let. The minutes says :
"John Lewis and Benjamin Bradshaw are appointed to let and contract for the building of a bridge on Curd's road, near the ferry, which contract to be made by letting to the highest bidder." Curd's Ferry had been established at the mouth of Dick's river by the general legislature in 1786. Daniel Mitchell presented his commission as coroner, and qualified as such.
The first lawyers admitted to practice in the Jessamine County Court were Joshua Lewis and Fielding Turner, who separately produced in court, on the above day, their license, properly au- thenticated, as the law directs, and were, thereupon, admitted to practice.
First Circuit Court.
The Jessamine Circuit Court was organized in 1803, and its first order was the appointment of a clerk. Samuel H. Woodson received this appointment, and held the office until 1819, when he resigned. The following orders will show the Constitution of the court. and also the first petition filed in the court :
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History of Jessamine County, Kentucky.
"April Circuit Court, 1803.
"Be it remembered that in pursuance of an act of the General Assembly, entitled, 'An Act to establish Circuit Courts, and an act entitled an act to amend an act entitled an act to establish Circuit Courts,' the Honorable Samuel McDowell, Circuit Judge, attended at the court house of the county of Jessamine, on the ISth day of April. 1803, being the third Monday. Present, the Honorable Samuel McDowell, Circuit Judge.
"It is ordered that Fielding L. Turner, Esq .. be appointed clerk, pro tempore, to this court, who, thereupon, took the sev- eral oaths prescribed by law, and executed his bond, with Samuel . H. Woodson and Joseph Crockett his security in the penalty of £ 1000, conditioned as directed by law.
"It is ordered that Samuel H. Woodson be appointed clerk to this court, and that the pro tempore appointment made by the court this day, be discontinued, and, thereupon, the said Samuel H. Woodson took the several oaths required by law, and executed his bond, with Joseph Crockett and William Lewis his securities, in the penalty of £ 1,000.
First Order Entered in Civil Action.
"At a Circuit Court, began and held for the county of Jessa- mine, at the court-house thereof, on the 18th day of July, 1803 : Present, the Honorable Samuel MeDowell, Circuit Judge, and Richard Young, Esq. :
James Dunn.
V3.
Nicholas Lewis.
Debt.
Be it remembered that heretofore, that is to say, on the 13th day of June, one thousand, eight hundred and two, James Dunn, by Wm. McDowell, his attorney, applied for and obtained from the clerk's office of the late court of Quarter Sessions for the county aforesaid, the Commonwealth's writ of capias ad respond- endum, which, together with the motion of plaintiff, by his at-
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History of Jessamine County, Kentucky.
torney aforesaid, it was ordered that the said Deft. should appear at the next rules, enter special bail and plead to the plaintiff's action, or that judgment would be granted the plaintiff for the debt in the declaration mentioned and what damages he hath sustained in the premises and a writ of enquiry awarded him to have the same assessed by a jury of the bystanders at the next court."
"Jessamine county, Sct. :
"James Dunn, by his attorney, complains of Nicholas Lewis in custody, etc., of a plea that he render to him the sum of seventy- two pounds, current money, current money of Kentucky, which he owes and unjustly detains, for that, whereas, the said defendant on the thirtieth of May, 1800, at the parish of Kentucky, and county aforesaid, by his certain note, in writing, sealed with his seal and to the court now here shown, eighteen months after the date aforesaid promised and obligated himself to the plaintiff to pay him the sum of thirty-six pounds, for the payment of which said sum the said defendant bound himself in the penal sum of seventy-two pounds like money, yet said defendant not regard- ing his obligation hath not paid the said sum of thirty-six pounds, although often required, by means whereof an action hath accrued to have and demand of him the said sum of seventy-two pounds. but the said defendant, to pay the same or any part thereof, al- though often required the same to pay, hath hitherto refused, and still doth refuse, wherefore the said James Dunn says he is in- jured and hath sustained damage to the value of 72 pounds, and therefore, he sues, etc. Wm. McDowell. A. P .; Jno. Doe and R. Roe, P. P."
First Will.
The first will recorded in Jessamine county was that of Charles Weber. It is only interesting because the first of its kind ever placed upon the records :
First Will, recorded August, 1779.
"In the name of God, Amen. Charles Weber, of Jessamine county and state of Kentucky, being in sound mind, praised be
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History of Jessamine County, Kentucky.
God for the same, do give and dispose of all my worldly goods and estate in a manner and form as follows :
"First, my desire is that all my just debts be paid by my ex- ecutors, hereafter mentioned, and in the following manner : First I wish my mare and colt to be converted to my debts, and if they should not be sufficient, my negro fellow, Booker, is to be hired for the balance till paid, as my executors think most expedient. Then the said negro to be hired on till the profits amount to sixty pounds. The first forty pounds arising is to be delivered to my brother William Webber, for his own use and his heirs forever. The other twenty pounds to be given to my brother, Philip Weber, for his own use and his heirs during life, and then the said negro to be delivered to my brother John Webber, for his use and his heirs during the life of the said negro, or the said John Webber or his attorney.
"Applying for the same. I do also give and bequeath unto iny brother Archie Webber, my negro boy by the name of Bill, to him and his heirs forever. I also appoint and ordain James Owens, and Robert Cohoun, of Jessamine county, executors of this, my last will and testament, desiring that the acting ex- ecutors to my estate shall, in lieu of my expenses to them, recover with my other debts that is to be paid, twenty dollars each for their services in cash out of my estate.
"In witness whereof I have hereunto set my hand and affixed my seal this the seventeenth day of June, one thousand, seven hundred and ninety-nine. Signed, sealed and published, and do declare this to be my last will and testament, revoking all other wills before named by or for me.
"CHARLES WEBBER. (Seal.)
"Rosin Brashers,
"Jacob Rice, "Peter Akins."
The First Marriage.
Jesse Hughes and Mary Nicholson were married by Nathan- iel Harris on March 14, 1799.
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History of Jessamine County, Kentucky.
The First Baptist Meeting-house.
It is difficult to establish the exact location of a Baptist church in the very earliest settlement of the county near Clear creek. This was the church at which Lewis Craig frequently preached ; it is near what is now known as the Jack Cunningham property, or the Fisher place. It was called Mount Moriah, and in early times was a very important burying-ground. Joel Watkins, in his diary, mentions the fact of having attended services at that point several times, and there seeing large congregations. It was established about the same time as the Ebenezer church, but the latter is undoubtedly the oldest church organization in Jessa- mine county.
County Judges under the Constitution of 1849.
Alexander Wake, served eight years; W. S. Scott, died in office ; John A. Willis, appointed, served from 1858 to 1859; Henry J. Campbell, elected, and served four years; Richard Fer- guson, served one term ; Melvin T. Lowry, served four years; James G. Bruce, served one term, died in office; Tucker Wood- son, elected in 1872, died in office in 1874 ; W. H. Phillips, present County Judge, has held the office for twenty-three years.
County Attorneys : John Dishman, John S. Bronaugh, Wm. R. Welch, Wmn. Byrd Woodson, Geo. R. Pryor, Benjamin P. Campbell, Benjamin A. Crutcher, John H. Welch, E. B. Hoo- ver, N. L. Bronaugh, J. Willard Mitchell.
Under the Constitution of Kentucky in 1799, the oldest Justice of the Peace was made Sheriff. Charles West, first Sheriff ; Bar- tholomew Kinnard, deputy ; Benj. Nicholson ; Thos. Butler, dep- uty ; Lewis Singleton, Andrew McCampbell ; James H. McCamp- bell : John Perry, Sr. ; James Wilmore : Campbell Wilmore ; Har- rison Daniel ; W. P. Daniel ; William Bronaugh ; W. P. Daniel ; Jerry Dickerson ; Newton Dickerson ; John Butler, deputy ; M. T. Lowry: Thomas E. West, his deputy; Geo. T. Chrisman.
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History of Jessamine County, Kentucky.
Members of the Kentucky Senate and House of Representatives.
Senate of the Commonwealth of Kentucky: Joseph Crock- ett, 1800-1804; William Bledsoe, 1806-1810; George Walker, 1810-1814; George I. Brown, 1829-1834; William Clark, 1838- 1842: Tucker Woodson, 1842-1846, 1853-1857; A. L. McAfee, 1869-1873: E. R. Sparks, 1882-1886; Thos. R. Welch, 1896-1898. From Jessamine and Woodford counties, Wm. Vawter, 1808: Richard C. Graves, 1850.
House of Representatives, Commonwealth of Kentucky: Joshua Lewis, 1799, 1803. 1804; John Scott, 1800; George Walk- er, 1805, 1807, 1808, 1809, 1810; William Price, 1801, 1802; John Hawkins, 1806, 1811 ; William Caldwell, 1812, 1813, 1814, 1815, 1816, 1818, 1820, 1822: Wm. Walker, 1817; Samuel H. Wood- son, 1819-25; James Clarke, 1820; Richard E. Meade, 1822; George I. Brown, 1824, 1829, 1832, 1850; Harrison Daniel, 1826- 27 ; John Cunningham, 1828; Courtney R. Lewis, 1830; David M. Woodson, 1831 ; Dr. J. W. S. Mitchell, 1833-34; Tucker Wood- son, 1835-36-37-40: George S. Shanklin, 1838-44-61-65 ; Alexan- der Wake, 1839; George T. Chrisman, 1841 ; James McCampbell. 1842-45-55-57 : James H. Lowry, 1843: Joseph W. Thompson, 1846; Joseph C. Christopher, 1847-49: John M. Reynolds. 1848; James C. Wilmore, 1851-53 : Larkin Fain, 1853-55 ; Allen L. Mc- Afee, 1857-59; Wm. Fisher, 1859-61-65-67; Thomas T. Cogar, 1867-71; James H. McCampbell, 1871-73: died December 25, 1872, was succeeded by Wm. Brown, 1873; N. D. Miles, 1874-75 ; Samuel R. Overstreet, 1875-77: Dr. John C. Welch. 1871-78-79- 80; J. N. Mattingly, 1881-82 ; E. T. Lillard, 1883-84; Thomas A. Davis, 1885-86; W. T. Jones, 1887-88; J. H. Welch, 1889-90-91- 92: George W. Goode, 1893-94; R. S. Perry, 1895-96; C. A. Wil- son. 1897-98.
Nicholasville.
On Saturday, September 16, 1798, Rev. John Metcalf took the initial steps to locate Nicholasville. At the time of the location of the town he called it after Hon. George Nicholas. At that time several roads, well-located, converged at the point. The settlers
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History of Jessamine County, Kentucky.
from Jessamine and Hickman creeks, which were then the most thickly populated parts of the territory embraced in Jessamine county, were in the habit of traveling between these two creeks. The road which then ran to Lexington ran substantially on the line of the turnpike and its traces are still distinctly visible to the eye at various points along the turnpike. This was true of the roads which ran from Nicholasville and what is known as Rus- sell's tavern. In the location of the turnpike, very little of this
WM. O. BUTLER.
old line was used. This was equally true of the road to Sulphur Well, but the roads crossed at that time north and south and east and west, exactly where Main street and Maincross street now in- tersect each other.
The inducing causes which led to the location were, first, four large springs, which were presumed then, to be never-failing. These all were within the limits of the twenty-five acres laid out into the town, and second, to the fact of the road passing from Lexington and Danville, and from East Hickman to Jessamine,
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History of Jessamine County, Kentucky.
crossing at right angles at the point. Little Jessamine, or East Jessamine, was then a stream of more importance than now. Ris- ing about a mile above and fed by other streams along the line, it became quite a volume for a creek by the time it passed through the borders of the newly laid out village.
It was quite a while after the town was established before much trade centered within its limits. The people who first lived in the town were farmers in the immediate neighborhood.
There was no post-office in Nicholasville for several years after its location. The mails were carried on horseback between Lex- ington and Danville and Lancaster and Harrodsburg. Its loca- tion was not made without clashes of personal interest. Samuel H. Woodson, who was then a lawyer, desired to establish the town where the Shely place now stands, about one mile south of the present location, while Frederick Zimmerman sought to have the town established.about three-quarters of a mile north, on top of ilic hill, just beyond the Duncan farm. It required several years to get the matter finally settled, and it was largely due to the great influence as well as the persistent efforts of Rev. John Metcalf that the town was laid out in its present location.
A large proportion of the settlers in Nicholasville were from the state of Virginia, and a few from North and South Carolina.
Nathaniel McLean, who married Catherine Blackford in Morris county, New Jersey, was a brother-in-law of Benjamin Blackford. McLean built the first log cabin in Nicholasville on the lot now owned by Mr. Burdine. Blackford himself had set- tled on the farm just north of Nicholasville, now owned by his grandson, Robert Duncan, in 1783.
John McLean, Associate Justice of the United States Su- preme Court, lived for quite a while in his youth on the Duncan farm. When four years old his father moved to Morgantown, Va., and thence came to Nicholasville, Ky., and subsequently moved to Warren county, Ohio. He remained in Jessamine un- til he was about sixteen years of age. In 1812 he was eected to Congress from the Cincinnati district. He refused the nomina- tion for the United States Senate in 1815, but was elected a Judge of the Supreme Court of Ohio, in 1816. In 1821 he was ap- pointed postmaster general and in 1829 he was appointed As- sociate Justice of the United States Supreme Court. He was a
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