USA > Kentucky > Henderson County > History of Henderson County, Kentucky > Part 11
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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 By an act of the Assembly, approved June 28 of that year, this law was repealed and all fees made charge- able and receivable in the currency of the State.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."
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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 that 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 bare back, thirty-nine lashes, well 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
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HISTORY OF HENDERSON COUNTY, KY.
plantation to another for better handling or managing thereof, or they 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 from 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-
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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- meries 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 or else 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 right 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
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HISTORY OF HENDERSON COUNTY, KY.
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, that 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 of 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
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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
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HISTORY OF HENDERSON COUNTY, KY.
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 commissioners, with power to bridge Canoe Creek, at the crossings on the Owensboro Road, Madisonville Road, and Morganfield Road, as now. This they did, paying for 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 twenty-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
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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 number 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.
HE 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 established 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.
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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-
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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 rotation, 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
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his resignation as magistrate. There was a determination not to ac- cept it, but the Judge was positive 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 sheriffalty, 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 request, 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 to Tradewater 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
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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 trussels 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."
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