USA > Kentucky > Jessamine County > A history of Jessamine County, Kentucky, from its earliest settlement to 1898 > Part 7
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6
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History of Jessamine County, Kentucky.
man of great ability and great force of character. He delivered a dissenting opinion in the Dred Scott case, declaring that slavery was contrary to right and that it had its origin in power alone, and that in this country it was sustained only by local law. He died in Cincinnati on the 4th of April, 1861.
Within the memory of persons living, there was an old well dug by Judge McLean's father on the Duncan place. It was cast of the house about 200 yards.
The next settler in the town was Maj. Benjamin Netherland. Shortly after the battle of Blue Licks, in 1782, he put up a log cabin on the lot now occupied by the county jail, and adjoining it shortly afterwards, another log cabin. This was subsequently re- placed by the Mingo tavern. The tavern house he erected in 1793. and it was still used by him as a hotel at the time of his death, in 1838. Previous to October, 1801, there was no post-office nearer to Nicholasville than Lexington. On the first of September of that year Major Netherland wrote to the postmaster general urg- ing the establishment of a mail road from Lexington, Nicholas- ville Lancaster and Harrodsburg, and by way of Frankfort and Richmond.
Joseph Habersham, of Georgia, was postmaster-general. He wrote the following letter to Major Netherland:
"Your letter was received. Enclosed you have an advertise- ment, inviting proposals for carrying the mail from Nicholas- ville to Lexington, Frankfort, Lancaster and Richmond, and 1 shall be glad to receive yours. Mr. Clay has recommended your appointment to the office of postmaster of Nicholasville, and 1 have decided upon your appointment unless you decline, and wish to avoid the trouble. I am
"Your obedient servant, "J. HABERSHAM, P. M. G."
This letter Major Netherland answered as follows :
"Nicholasville, Ky., Sept. 21, 1801.
"Your favor of the 4th of August came to hand while I was in Lexington, with enclosed advertisement for carrying the mails from Nicholasville to Lexington, Frankfort, Richmond, Harrods- burg and Lancaster. It is the earnest wish of all the inhabitants
83
History of Jessamine County, Kentucky.
of this county that a postoffice be established in Nicholasville, which is twelve miles from Lexington, over a totorous mud road, in winter. If it should be thought expedient to establish a post- office in the village and my name annexed to it, I will accept. I am, sir,
"Your obedient servant,
"B. NETHERLAND."
In answer to this Major Netherland received the following letter :
"Washington City, Sept. 20, 1801. "Major Benjamin Netherland :
"From information I have received I conclude it will be agree- able to you to accept the office of postmaster at Nicholasville. You will receive herewith two packets containing a copy of a law for regulating postoffices, with forms and directions, a key for unlocking the mail portmanteau, a table of postoffices, and the necessary blanks. The enclosed bond you will be pleased to execute with sufficient surety or sureties and then return the same together with a note, after they have been duly certified by the Justice of the Peace, before whom you shall take and subscribe them. When they are received at this office a commission will be duly forwarded. You can commence business as soon as your bond is executed and forwarded, if you think proper
Your obedient servant,
"J. HABERSHAM, P. M. G."
It is evident that these two letters crossed each other on the post road, between Washington and Nicholasville. Major Neth- erland remained postmaster at Nicholasville for more than twenty years, and kept the postoffice in the Mingo tavern.
Col. George Nicholas and Rev. John Metcalf were close friends. Four years before Nicholasville was located he wrote Colonel Nicholas the following letters:
"January 14, 1794.
"Hon. Geo. Nicholas :
"I have lately received from you two of your kind letters and would have answered them before now, but I have taken charge
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History of Jessamine County, Kentucky.
of Bethel Academy, and have been so confined for the last two weeks in fitting up suitable places of abode for some of my pupils that I have greatly neglected my private affairs, and especially that portion of them which you are attending to in Lexington."
"Jessamine county, Ky., Sept. 16, 1798. "Hon. Geo. Nicholas :
"It afforded me great happiness to hear that you had returned in safety and health to your family and friends. I expected to hear from you more frequently, but, I suppose, the multiplicity of care and busines prevent your devoting much of your time to let- ters, save what you wrote to me and Joseph Crockett. But now that you have arrived at home I shall expect to hear from you soon and as often as usual. I must inform you that I have named our county seat Nicholasville in honor of you. I was all day laying off three streets to-day, and my nerves are very much affected by the severe labors in the wet weather. These being the circumstances under which I write you this hasty note, I fear it will have but poor claims upon your time, but I can not help it. "Your friend. "JOHN METCALF."
The contest about the location of the county seat must have been carried on for some time and quite vigorously. On the 7th of October, 1803, Mr. Metcalf wrote the following letter :
"Charles West, High Sheriff,
"Jessamine county :
"My Dear Sir-I write to assure you that we have succeeded, amid much foolish opposition from Samuel H. Woodson, County and Circuit Court Clerk, and Mr. Frederick Zimmerman, County Surveyor, in locating our county seat. Mr. Woodson wanted to locate the town near his residence, one mile south of the first sur- vey, which I made six years ago, including twenty-five acres. Mr. Zimmerman wanted the town to include the residence of Fisher Rice, which is one mile north. I am now convinced that through your efforts and Mr. Caldwell's and mine, I have de- feated Mr. Woodson and Mr. Zimmerman in their foolish oppo- sition to the present location, which is more suitable and more
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History of Jessamine County, Kentucky.
convenient to roads east and west to the Kentucky river. A sup- ply of good water was another great advantage which we had over the other two places. There are four good springs of water that never run dry. This convenience to good water, more than any other consideration, caused me to select this location in preference to the other places. I thank you for the assistance you gave me in defeating a claim as foolishi as it was selfish. I am pleased to learn that Mr. Zimmerman, as 'legal surveyor,' has surveyed the present site, which was legally recorded last year (1802). We have twenty heads of families erecting houses on a number of lots. Come and see me soon."
First Charter.
The first charter of Nicholasville was passed in 1812, and is as follows :
CHAPTER CCCCIV.
An act authorizing the trustees of the town of Nicholasville to sell real property in said town, under certain restrictions :
Approved February 8, 1812.
Section I. Be it enacted by the General Assembly of the Commonwealth of Kentucky, that the trustees of the town of Nicholasville, in the county of Jessamine, shall have power to levy a tax on the real property in said town, in proportion to the value of lots, not exceeding one hundred cents for every hundred dollars; and the trustees, or a majority of them, shall have power to cause an assessment to be made of the lots in said town, in or- der to enable them to fix the sum to be paid by the proprietors or occupants of the lots, provided, however, that a majority of the trustees shall concur in levying the tax.
Sec. 2. And the trustees, or a majority of them, may appoint some fit person to collect the tax ; and should the owner or occu- pant, refuse to pay the tax for the space of three months after the amount of the tax is fixed as herein provided, in that case the collector shall, after giving thirty days' notice by advertisement at three of the most public places in said town, expose for sale the lot or lots, or so much thereof, as will be sufficient to pay the tax and cost of sale ; but the owner or owners of the lot or lots, his,
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History of Jessamine County, Kentucky.
her or their heirs, executors or administrators, shall have twelve months from the time of sale of the lot or lots, or parts of lots, to redeem the lot or lots, or part of lots, by paying to the purchaser the amount of the lot or lots, or part of lots sold, with 100 per cent thereon ; and the collector shall be entitled to 7 per cent on the amount of the tax collected under this act.
Sec. 3. And the trustees of the town shall have full power to convey to the purchaser, by deed or deeds of conveyance, the lots, or parts of lots, sold under the provisions of this act, and not re- deemed within the time allowed for redemption, which shall vest in the purchaser, his, her or their heirs, or assignee, or assigns, all the right, title and interest of the owner, or owners, in and to the lot or lots, or parts of lots, saving, however, to infants, femes co- vert, and persons of unsound minds, a right to redeem within three years after their several disabilities shall be removed, or come of age : provided, however, that the collector shall not be allowed to sell any lot or part of a lot where sufficiency of personal estate can be found on such lot or lots, or parts of lots, to satisfy the tax due ; which the collector is hereby authorized to seize and sell.
Second Charter.
The second charter of Nicholasville was passed in 1823. It was as follows :
CHAPTER DXLVII.
An Act to Regulate the Town of Nicholasville.
Approved November 18. 1823.
Section 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, that the free, white male inhabitants of the town of Nicholasville, who shall have attained the age of tweny-one years and upwards, shall meet annually in each year, at the court-house in said town, on the first Monday in May, and elect seven trustees for said town, which trustees shall possess the qualifications hereinafter mentioned : and a majority of them so elected, shall be sufficient to constitute a board, who shall be, and they are hereby, authorized to make such by-laws for the govern- ment and regulation of said town as to them shall seem proper,
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History of Jessamine County, Kentucky.
not inconsistent with the Constitution and laws of this state. The said trustees shall have full power and authority to impose a poll tax annually, on the male inhabitants of full age, not exceeding one dollar each.
Sec. 2. Be it further enacted, that the said trustees shall ap- point their clerk or any other officer they may think proper, who shall continue in office for and during the time for which the trus- tees, who appointed them, shall remain in office, and the said trustees shall have power and authority to remove any officer by them appointed, for neglect of duty or malfeasance in office, and appoint any other instead of the person so removed.
Sec. 3. Be it further enacted, that the trustees of said town or a majority of them shall have full power and authority to levy a tax annually, on the real property in said town, in proportion to the value of the lots in their improved state, not exceeding one hundred cents for every hundred dollars' value, and the trustees or a majority of theni, shall have power to cause an assessment to be made of the value of the lots in said town by some person or persons, appointed by them, in order to enable them to fix the sum to be paid by the proprietors or occupants of said lots ; provided, however, that a majority shall concur in laying the tax.
Sec. 17. Be it further enacted, that the said trustees shall, be- fore they can recover any fine or fines for a breach of their by- laws or ordinances, have a fair copy of their by-laws set up at three of the most public places in said town at least three weeks.
Sec. 19. Be it further enacted, that it shall be the duty of the trustees, annually, at the August County Court of Jessamine, to make a settlement with the County Court and pay over any mon- eys that may be on hand, to their successors, and in case of failure the County Court is hereby authorized to summon them to appear at their next or succeeding term to make a settlement and to en- ter up judgment against them for any sums that may appear against them and award executions thereon.
Sec. 20. Be it further enacted, that the first election under this act shall be held by two Justices of the Peace, for the county of Jessamine, and the Clerk of the Board of Trustees, at the time said election takes place.
Sec. 21. Be it further enacted, that all laws of a special na- ture heretofore enacted, applying to Nicholasville, be, and the
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History of Jessamine County, Kentucky.
same are hereby, repealed from and after the first general elec- tion under this act.
The first election was held on the 31st of May, 1824. A cer- tificate of this was in the following words: "We do certify that we have this day caused an election to be held for trustees of the town of Nicholasville, agreeably to an act of the legislature of the state of Kentucky, approved the 18th of November, 1823, when the following gentlemen were duly elected trustees for the said town for the ensuing year, namely: B. Netherland, Sr., Har- rison Daniel, Levy L. Todd, Wm. Perkins, John Messick, James Lusk, Wm. Cox. Given under our hands this 31st day of May, 1824.
" GEORGE BROWN, JOHN DOWLING, "Two of the justices of the peace of Jessamine county. "Attest : H. Daniel, clerk B. T. T. N."
A meeting of the Board of Trustees of the town was held on the 19th day of June, 1824, at Mingo Tavern. On that day the report of James Wolmore, Waddell G. Bruce and Benjamin Netherland, Jr., as commissioners, and W. G. Bruce was allowed $2 as assessor for making out a list of taxable property in the year 1823, and B. Netherland, Jr., was allowed $105 for services as assessor for one year. The tax rate was fixed at 30 cents on each $100 worth of value on the valuation fixed by the com- missioners. On the 27th of September, 1824, another meeting was held, when the treasurer was directed to pay Wm. Overstreet $10 for his services as town sergeant and market master, and Wm. Campbell, who was the father of the late Henry J. Campbell, county judge, who died in 1866, was allowed $15 for lais services as town sergeant for six months.
An ordinance on the subject of dogs was also passed. It was known as a by-law and declared "That any person in the town of Nicholasville who shall keep more than one dog or bitch shall be fined $1 for every twenty-four hours he shall retain the same after the Ioth day of May next," and that it should be the duty of the town sergeant to enforce this by-law on all alike. It was also ordered that Wm. Cox be allowed $13 for whipping thirteen
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History of Jessamine County, Kentucky.
slaves, according to the by-laws of the town, and that the treas- urer be authorized to pay the same.
In the days of slavery in Kentucky all the towns and county seats adopted ordinances or by-laws preventing negro slaves or free negroes from visiting the towns after the hours of 10 o'clock, either in the streets or collecting on street corners or at the kitchens of others than their owners. If they had a written per- mit from their owners stating their business in town after 10 o'clock at night they were permitted to go free and were not ar- rested and whipped. The author remembers when a boy very often to have used his father's name to a great many of these per- mits in the town of Nicholasville for his slaves. and in return to have received numerous pies and cakes and frequently bundles of stick candy, which the grateful recipients of the order brought back as an assurance of their gratitude and as the means of secur- ing further indulgences.
The following list of property for the year 1831 affords curious reading :
The report of the Commissioners appointed to value the houses and lots and slaves in the town was received, adopted and ordered to be re- corded, which is done as follows :
I
$ 45
29 .
$ Soo
56
125
86 .
300
2
45
30 . .
300
57
IIO
ST .
200
3
45
31 . .
125
58
75
SS .
600
4
50
32 . .
125
59
1.800
S9 .
40
5
150
33 . .
225
60
60
90
400
6
45
34 . .
450
61
65
91
Soo
S
55
36 . .
2,000
63
750
93 .
75
9 .
30
37 . .
Soo
64
1.500
94 .
500
10 .
30
38 . .
I.500
65
750
95
I25
II .
.
30
3816
750
66
1,600
96 .
600
12.
500
39 . .
Soo
13
75
40 . .
2,700
70
71
2,000
99 -
160
15 .
Soo
42 . .
2,000
72
1.500
100 & IOI .
950
16
175
43 . .
3.000
73
600
102 & 103 .
2,150
17
70
44 . .
2,500
74
1.500
IO.1
300
IS .
60
45 . .
900
75
900
105
106.
70
20
50
47 . .
1,200
77
I, Soo
107
60
21 .
65
48 . .
400
78
300
IOS .
700
22
200
49
400
79
600
109 .
Soo
23 .
150
50 .
650
So
600
IIO
50
2.1 .
50
51 .
250
SI
700
25 .
50
52
·
200
82
125
26 .
50
53
750
83
100
27 .
300
5
250
84
150
28
30
55 . .
575
85
250
98 .
600
14 .
100
35 ..
1,800
62
175
92 .
75
67 & 68 .
3.000
97 .
600
60
19 .
60
46 . .
500
76
1.400
3, Soo
2.500
$68,065
.
55
90
History of Jessamine County, Kentucky.
NEGRO SLAVES.
Henry Burch, man and woman 700
B. Netherland, Sr., boy, girl, woman and child 1,050
The same, administrator of P. Netherland, woman 300
James Norvell, woman, child and 2 mien . 600
B. Netherland, Jr., man, woman and child . 900
Wmn. Shreve, 2 men, 2 women and 3 children 1,550
David Crozer, I woman, 2 girls Soo
Thos. J. Brown, I man, I boy, 3 girls, I woman 350
Robt. Young, I boy
James Lusk, I girl
300
James Hill, 2 women, 2 girls 900
300
Henry Ball, I girl 200
James McCabe, woman, girl and boy 725
Charles M. Davenport, man, woman and child Soo
James L. Peak, I girl .
275
John Downing, woman, boy and girl 650
William Campbell, I boy
200
William White, woman and 2 children 600
Alex Wake, 2 women, 2 boys and girl
1,000
George Cunningham, woman
250
Henry Metcalf, woman and man
700
Joseph Carson, girl .
325
Jerome B. Sparks, boy
350
Richard Reynolds, girl 300
Levi L. Todd, woman and girl 350
600
Samuel Rice, man, woman and girl
450
$17,880
68,065
Total value lots and slaves $85,945
TITHES.
Henry Burch, B. Netherland, Sr., Robt. McMurtry, James Norvell, B. Netherland, Jr., James Downing, Emmanuel Messick, William Shreve, Woodson Dickerson, David Crozer, George W. Elley, J. M. Spraggins, Miller Messenner, Ezekiel Burch, George Davenport, Robt. Young, David Shook, John W. Bourne, Churchill Faulconer, Win. Faulconer, Charles Gibson, James Hill, David Majors, James Majors, Henry Ball, James McCabe, Jas. L. Peak, Chas. M. Davenport, George B. Nelson, Joseph Rutherford, Henry R. Roland, William H. Mathews, Jas. Lusk.
James C. Wilmore, girl
225
James Mars, I girl 225
Joseph Maxwell, 2 girls
1,905
David Majors, I girl
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History of Jessamine County, Kentucky.
David Bowman, John Downing, William Campbell, Alex. Wake, George Cunningham, Henry Metcalf, Josephi Carson, James C. Wilmore, Jerome B. Sparks, James Mars, Richard Reynolds, Joseph Maxwell, Samuel Burch, Samuel Rice, William Cox, Joseph Easley, Levi L. Todd, T. J. Browning. Total, 51.
DOGS.
No.
No.
H. Burchı. .
I
Win. Campbell
2
James Norvell .
2
Alex Wake
I
B. Netherland, Jr.
G. Cunningham
I
E. Messick
2
Henry Metcalf
2
Win. Shreve .
I
Elizabeth Buskett
2
Jas. Downing
I
Joseph Carson .
I
T. J. Brown
6
Metcalf's Charlotte
2
Robt. Young .
1
James C. Wilmore
1
Frie Fanny
I
Jerome B. Sparks
1
Jas. Hill .
2
Jos. Maxwell .
I
David Majors
1
Samnel Burch .
2
C. M. Davenport
2
Win. Faulconer
]
Sucky East
2
Samuel Rice .
1
John Downing
I
B. Netherland, Sr.
1
Total No. dogs 46
VALUE OF TAXABLE PROPERTY IN NICHOLASVILLE.
IS5S
$246,300
IS74
261,075
ISS2
336,260
ISSS
566,920
1892
799,475
1894
853,600
IS98
976,860
1
Various other legislative enactments were passed from time to time, until 1884 the town first had authority to choose a Mayor, together with a Board of Councilmen. In that year, Hon. John S. Bronaugh was elected first Mayor of Nicholasville ; he served eight years, but declined re-election. He was on every hand re- garded as a most valuable official, and brought the affairs of the town into splendid condition. He was succeeded by Dr. Charles Talbert, who served two years, and he by William L. Steele, the present Mayor.
Under the Constitution of Kentucky, of 1890, providing for the classification of all the towns and cities of the state, Nicholas-
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History of Jessamine County, Kentucky.
ville became a city of the fourth class. It has now a population within its limits of over 3,000.
At the close of its centennial year, its Mayor and Councilmen are as follows :
Mayor-William Steele, grandson of Samuel McDowell, born 1843. Councilmen-Jephtha D. Hughes, born in 1852; Charles Mitchell, born in 1856: Frank Smith, born in 1870; Charles Ev- ans, born in 1852; Andrew McAfee, colored, born in 1861 ; Adam Adcock, born in 1851.
No city in Central Kentucky has grown more rapidly or has more beautiful streets or a better city government. The little village of 1798, with a few straggling log houses has become in 1898 a thrifty, energetic and enterprising city of 3.500 people, with 8 miles of streets, with handsome residences, with impos- ing public buildings and with every comfort and convenience which enter into modern city life.
Upon the 100th anniversary of its existence, the following are the physicians in Nicholasville :
Dr. Chas. Mann, Dr. Joshua S. Barnes, Dr. Thomas R. Welch, Dr. Wm. H. Fish, Dr. Jos. A. Vanarsdale, Dr. D. A. Penick, Dr. William H. Mathews.
And the following constitute the members of the local bar :
Jolin S. Bronaugh, N. L. Bronaugh. James W. Mitchell, John H. Welch, George R. Pryor, Everet B. Hoover.
George Nicholas.
On the occasion of a centennial which Nicholasville celebrated on September 16, 1898, the history of the man for whom the coun- ty seat was called, becomes profoundly interesting.
George Nicholas was born August 11th, 1753, in Williams- burg, Va. His father was Robert Carter Nicholas, a prominent lawyer, a member of the Virginia House of Burgesses (Legis- lature), connected with the Colonial Government of Virginia, and Colonial Treasurer. He became a captain in the Continen- tal army, and practiced law in Charlottesville after the war. Of the Virginia Convention, called to consider the Constitution of the United States, he was a member, and he ably and earnestly
93
History of Jessamine County, Kentucky.
advocated its adoption, which prevailed by a vote of 88 for and 78 against, and that only after a lengthened and even acrimonious «liscussion.
This ratification was made by the convention on June 26th, 1788 : Virginia being the tenth state to adopt the instrument.
On October 24th, 1788, Colonel Nicholas advertised in the Kentucky Gazette, as follows:
"Richmond, Va., Oct. 24th, 1788.
"I propose attending the General Court in the District of Kentucky, as an attorney, and shall be at the next March term, if not prevented by some unforeseen event."
He came in the following year and settled in what is now Boyle but was then Mercer county. (Boyle county was not es- tablished until 1842.)
As Harrodsburg and Danville were, in pioneer days, places for the most important conventions, and the seat of the county, it was doubtless for the purpose of being near the seats of justice which induced Colonel Nicholas to find a home in Mercer.
The act admitting Kentucky as a state was passed June Ist, 1791, but it was not to go into effect until June Ist, 1792.
In December. 1791, a convention was elected to meet in Danville April 3d, 1792, to frame a State Constitution. George Nicholas was one of the men elected a member of this convention from Mercer county. He was the greatest lawyer in this body. His experience as a member of the Virginia Convention, in the discussion of the Constitution of the United States, and his superb legal training, combined with his logical and analytical mind. and his power of accurate statement, made him the man of and for the occasion.
In his fortieth year, in the full tide of his mental and physical powers, and with a ripe judgment, the result of military, civil and judicial experience, combined with a peculiarly philosophical and analytical mind; it was both reasonable and proper that he should be the dominant spirit of the body. Experience subsequently showed that many of the provisions of the Constitution adopted at his suggestion, were not adapted to the conditions surrounding Kentucky. It only remained in force seven years, and was then, by almost the unanimous will of the people, set aside in 1799.
94
History of Jessamine County, Kentucky.
No forty-five men ever assembled together who were more patriotic and who more faithfully endeavored to discharge the trust confided to their keeping. Benjamin Logan, Alexander Bullitt, Robert Breckinridge, David Rice, Samuel. McDowell, Ca- leb Wallace, were a part of that distinguished convention, and in that period of Kentucky's history, they represented a courage, fidelity, patriotism and loyalty to the people which reached the highest limit of human attainment.
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