USA > Kentucky > Henderson County > History of Henderson County, Kentucky > Part 23
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All of the river travel in those days was done in canoes, and it is wonderful with what rapidity and ease persons paddled up and down the river from place to place.
HENDERSON LAID OFF.
In the early part of the year 1797, General Samuel Hopkins, agent and attorney in fact for Richard Henderson & Co., with Col- onel Thomas Allen, a distinguished primitive surveyor, who was em- ployed by the company, arrived at Red Banks, and proceeded to lay off the town of Henderson, named in honor of the president of what was then known as the Transylvania Company, and through whose instrumentality the grant had been secured from the State of Virginia. The town as laid off in August, 1797, consisted of sixty-six squares of four acres each, divided into lots of one acre each, making in all two hundred and sixty-four one-acre lots. There was also surveyed thirty two ten-acre lots surrounding the squares of the town. One hundred and thirty-two of the one-acre lots were located above First Street, between Green and Water Streets, commencing with the lot corner of Water and First Streets as No. 1, lot corner Main and First Streets No. 2, lot corner Main and Second Streets No. 3, lot cor- ner Water and Second Streets No. 4, and so on up to Twelfth Street. The remainder of the lots were located below the Public Square, be. ginning at the lot corner of Water and Lower First or Washington Streets, as No. 133, lot corner Washington and Main No. 134, and so on down the river to twelfth cross street.
In the ordinance directing the disposal of the town lots and the adjoining ten-acre lots the proprietors prescribed liberal terms. Gen- eral Hopkins was indefatigable in his efforts to advance the interest of his company and at the same time render satisfaction to the set- tlers. The following is a copy of the
" Ordinance of the Transylvania Company, commonly called Richard Hen- derson & Co., directing the dispossal of the town of Hendesson and the out lots.
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HISTORY OF HENDERSON COUNTY, KY.
" Be it resolved and ordained, That the town of Henderson and all the land, lots, streets, apportionments and apartments thereof, lying on the River Ohio in the County of Christian and State of Kentucky, as laid off and surveyed by our agent, Samuel Hopkins, and our surveyor, Thomas Allen, agreeable to the plat or form by them made and to us returned with their certificate be, and the same is hereby established, that is to say, two hundred and sixty-four lots, meted and bounded, by the several streets thereon contained, of one acre each and thirty-two out lot meted and bounded and marked as described in the aforesaid certificates, be considered as the town aforesaid, and we do hereby for ourselves. our heirs and executors jointly and severally, give, grant and confirm all the lands meted, bounded and located in the plat and form aforesaid by the aforesaid agent and surveyor for the purposes of the said town, to be disposed of in the following manner :
"First. We give to all those male persons and their heirs who may have settled at the Red Banks on or before the first day of May, 1794, who have built and improved and are now residing thereat, being then free and of full age, or to such free persons of full age as may occupy such building and set- tlement at the present time under assignment of the first settler, one lot of one acre each, provided such lot be improved in the same manner, and in the same time as shall herein be established for those who purchase under this or- dinance. And whereas, a speedy sett.ement of the town lots aforesaid will, in in our opinion, greatly enhance the value of the lands generally. We do hereby declare, that the lots composing the town as aforesaid, shall be sold by our agent or agents so as best to promote such settlement, either by public or pri- vate sale, as to them or him shall seem proper, limited only as follows :
" That every purchaser of an acre lot shall, within two years from the time of purchase, build thereon a framed, hewn or sawed log house, sixteen feet square at least, with a good dirt, stone or brick chimney and plank floor, or shall reside thereon by himself or representative, etc., for the space of three years ensuing ; provided that the residence shall commence within one year from the time of the purchase, and in case of failure thereof, such lot shall be considered as reverting, and shall revert to the company, their heirs and assigns, and be liable to be disposed of for the uses herein expressed as if no sale or occupany had ever been made or had thereupon ; provided, that such original proprietor or his heirs, who shall purchase any number of lots, not exceeding four lots of one acre each in said town, shall not be obliged to im- prove or reside thereon as other purchasers, agreeably to the true intent and meaning of this ordinance.
" And be it further ordained and directed, That any person purchasing a lot of ten acres, shall in like manner be obliged to improve, either by building, inhabiting or tending in some crop, for and during the term of three years ; at least one-half of said lot to commence from the term of two years. After such purchase such cultivation may be at the option of the purchaser as to the crop, and in case of failure herein, the holder or purchaser of said lot shall be subject to all the penalties and forfeitures incurred by the purchaser of the lots of one acre each.
"And be it ordained, That one agent be appointed to sell and dispose of the lots in the town of Henderson, to receive the moneys or other considera-
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HISTORY OF HENDERSON COUNTY, KY.
tions therefor, to make titles and transfers, to secure and appropriate forfeitures and in general to act in all things for the company according to the true intent and meaning of this ordinance, who shall receive for his trouble five per centum, first, on all >ales, second, on all sales and collections and payments, and thirdly, on amercements or forfeitures that may accrue, and who shall enter into bond to the company for fulfilling his several duties, and in case of death, removal from office, resignation or refusal to act of the agent appointed, to the execution of this ordinance, it is directed that another be appointed, under the hands and seals of the copartners in Kentucky and of Henry Purviance, William Bailey Smith and Samuel Hopkins, who are a majority of them, or the surviv- ors of them, shall make out such appointment, and take a bond for the faithful performance of office; and the commissioners aforesaid shall, at any time they think proper, once in every year at least, cause the agent to produce his books and transactions subject to their inspection, and shall, upon unequivocal proof of incapacity or maltransaction remove from office and appoint another in the manner herein prescribed. All bonds given by the agents shall be taken by the company, known by the name of Richard Henderson & Co., and upon the forfeiture of any su h bond, the Commissioners heretofore nominated, shall cause the same to be prosecuted for the benefit of the company.
" And be it further ordained, that once in every year the said agent shall, on application pay to each original proprietor, his private agent, attorney or assignee, his full proportion of all moneys that may have been collected to that time, deducting from such amount only the commissions or per centum herein before allowed, and in case of failure of the agent to so account and pay, or in case of a willful mistatement or willful wrong, such agent may be removed by a certificate thereof under the hands and seals of the Commissioners afore- said, or a majority of them, and sued on his bond by the party or parties so aggrieved
" And whereas it will be necessary, That frauds be guarded against in the most particular manner, it is hereby declared that every person applying to the agent for moneys on account of their principal, either as private agent, heir, attorney or assignees, or in any other character whatsoever, he shall produce from such principal a written evidence of the same, which shall be at- tested by the clerk of the county or corporation to which such principal be- longs, with the seal of the said county or corporation, and to this and no other evidence shall our agent hold himself justified in the payment of any moneys whatsoever; and in order that this ordinance shall be free to the in- spection of all and every person concerned, it is directed further, that the agent cause a copy thereof to be kept in the town of Henderson, and the signed and certified original to be made of record in the court of the county where said town lies.
"And be it further ordained, That the portion of the land lying in the cen- ter of the town, as also the three roadways, as far as they. extend through the out or ten-acre lots of the town be considered as appropriated for public use and under the municipal jurisdiction of said town in trust for those uses and no other.
17
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HISTORY OF HENDERSON COUNTY, KY.
"And be it further ordained. That the agent or agents so appointed shall have full power and authority to contract with any person or persons for any lot or lots within the said town, and the same to sell either by public or private sale, and the same to make over in fee simple as fully and completely as the proprietors themselves could or might do were they and every one of them present.
"It is further ordained, That Samuel Hopkins be, and he is hereby ap- pointed agent for the execution of this ordinance, and is vested with every power necessary for carrying into execution the same.
" And be it further directed, that all moneys that shall actually be neces- sary for recording or registering the deed of partition, this ordinance. or any other paper of a public nature, shall be paid by the agent out of the first moneys arising from the sale of the lots in the town atoresaid. and that the same be allowed as an exhibit in his account. as well as generally all expenses arising under the orders and directions of the company. or that may be neees- sary for carrying into effect this ordinance.
"In testimony whereof, we, the aforesaid company, have hereunto set our hands and seals, this ninth day of August, one thousand seven hundred and ninety-seven.
" Signed and sealed in the presence :
JOHN WILLIAMS. [L.S] JAMES HOGG, [L.S.] RICHARD BULLOCK, [L.S.] WALTER ALVIS, [L.S.] JO. HART. [L.S.] JOHN UMSTEAD, [L.S.] HENRY PURVIANCE, [L.S.] Attorney for Thomas Hart,
NATII'L HART, [L.S.] L HENDERSON, [L. S ]"
" NORTH CAROLINA, SS.
GRANVILLE COUNTY, )
" We do hereby certify that this ordinance was signed, sealed and ac knowledged by the subscribers thereto, before us. Given under our hands and seals, this ninth day of August, 1797.
"M. HUNT, J. P., [L. S.] "M. BULLOCK, J. P. [L.S.]"
"STATE OF NORTH CAROLINA, GRANVILLE COUNTY S
" I do hereby certify that the above signed, Memican Hunt and Micajah Bullock, Esquires, are, and were at the time of signing the above, Justices of the Peace for the county aforesaid, and that all due faith and credit ought to be paid to their signatures as such ..
"Given under my hand and the seal of the county aforesaid, this ninth day of August, 1797.
"A. HENDERSON, Clerk."
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HISTORY OF HENDERSON COUNTY, KY.
"STATE OF KENTUCKY, . SS.
HENDERSON COUNTY.)
"I, John David Haussman, clerk of the county aforesaid, being duly author- ized by law to receive, admit and record deeds and other writings in my office. do hereby ceretify that the foregoing ordinance, with the two certificates an - nexed, was produced to me in my office in the town of Henderson, by Samuel Hopkins, agent for Richard Henderson & Co., on the twenty-ninth day of October, 1799, and that the same is duly recorded
' Given under my hand the day and year aforesaid.
"JOHN D. HAUSSMAN, C H Ç "
From 1800 to 1819, twenty-nine lots were donated by General Hopkins, and one hundred and twenty-seven sold, John J. Audubon becoming the purchaser of four of them. Many of the aforesaid pur- chasers were non-residents, and when it is considered that General Hopkins was nineteen years in donating and selling, for nominal sums, one hundred and fifty-six lots out of two hundred and sixty-four, it will be agreed that the growth of Henderson was distressingly slow.
FIRST TAVERNS, ETC.
The first licensed tavern of which we have any knowledge, was that granted Michael Sprinkle, Jr., to be kept in his log house, then standing on lot No. 15, where Barret & Co.'s factory now stands ; this license was granted by the second County Court, held in the county June, 1799. He was required to give bond in the sum of one hun- dred pounds that he would not permit gaming or any one to drink " more than necessary," or to be guilty of any " scandelous or disorderly behavior." At the same meeting of this court, Andrew Burke was ap- pointed surveyor of the streets of the town, and ordered, together with all of the male laboring tithables living in the town, to keep the streets in repair, and open the roadways through the same.
Drs. Adam Rankin and James Hamilton came to Henderson in 1800, and practiced their profession up to the time of their death some years afterwards. They were the first practicioners. The re- cords of the County Court from 1800 to 1816 are lost, as are also the records of the town from 1810 to 1823, therefore all official acts, associated with the history of the town during that time, are blotted out. This fact is mentioned here by way of apology for the absence of matter during those lost years. The first ferry license granted by the County Court, was to Jonathan Anthony in 1802, from the Town of Henderson to the Indiana Territory opposite.
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HISTORY OF HENDERSON COUNTY, KY.
TOWN INCORPORATED.
In 1810 the town was incorporated, having a population of one hundred and sixty persons, and a voting population of thirty-five. The first tax levy was twenty cents on the one hundred dollars of real property, and a specific tax upon several kinds of personal property.
From 1784 to 1823, the following persons kept tavern in the town, in the order of their names: Mrs. Hannah Dunn, Samuel Bradley, Michael Sprinkle, Hugh McGary, Joseph Fuquay, James B. Brent, Ephraim Sellers, Peter Green, Jonathan Bradshaw, Joseph Cowan, William Anthony, Thomas Anderson, Joshua Mullin, James Gobin and Gabriel Holmes. The following ministers occasionally preached: James McGready and Samuel Hodge, the great revivalists, Daniel Banks, Daniel Comfort, James McMahon, Samuel Julian and John Dorris. The following physicians practiced : Adam Rankin, James Hamilton, Levi Jones, Owen Glass, Nathaniel Gaither, Henry Grant, Thomas J. Johnson. From 1784 to 1823, the following persons were identified with the business interests of the town : John Dunn, George Holloway, Presly Thorton, William Anthony, Ephraim Sellers, George Holloway, Wilson Marshal & Co., Joseph Fuquay, Daniel Jones, Thomas Anthony, William and Samuel Bowen, JOHN J. AUDUBON, Audubon & Bakewell, Philip Jett, Philip Barbour, Nicholas Horseley, Ingram & Posey, Richard Atkinson & Co., James M. Hamilton, Cap- tain Francis Walker, Moses Morgan, and Nimrod Bishop
In the year 1811, Philip Barbour erected a one-story tobacco, hemp, cotton and pork warehouse, 35x60 feet, on lot No. 5, a portion of which is now occupied by Woodruff Hall. This was the first build- ing of the kind, or of any importance, built in the town up to that time. In 1812, Thomas Towles was appointed overseer of the streets, and an act was passed by the Legislature authorizing the Trustees of the town to levy and collect a tax, not exceeding sixty dollars. This same year the old Johnson brick, which stood on the corner of First and Main Streets, was built.
SOLDIERS ORGANIZED.
In September of this year, the greater part of the military divis- ion of General Samuel Hopkins, organized to move against the Kick- apoo Indian villages in northern Indiana, rendezvous at Henderson, and marched overland to the scene of action. Among the many vol- unteers from Henderson, were Captain James Barbour and Robert Smith, father of the present County Clerk ; John King, father of our present respected citizen, P. H. King.
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HISTORY OF HENDERSON COUNTY, KY.
They were misled by guides, and after wandering over the prai- ries for some days to no purpose, were disbanded and returned home. Finding the amount of tax for which the Trustees of the town were authorized to levy and collect, insufficient, at the January session 1814, of the Legislature, an act was passed authorizing the Trustees to levy and collect "any sum, in any one year, not to exceed two hundred and fifty dollars."
OLD BUILDINGS.
In 1814 William and Samuel Bowen erected a large frame one- story tobacco inspection warehouse on lot No. 4, corner Second and Water Streets. During this year the following houses, yet standing, were built : The old Posey two-story brick, standing midway of the square, between Main and Water on Second Street, built by N. F. Ruggles, and occupied as a residence and storehouse. The old one- story frame on the corner of Fourth and Main, built by Rev. Daniel Comfort, and afterwards occupied in succession by William and Sam- uel Bowen, Nicholas Horsely and JOHN J. AUDUBON, as a residence and storehouse, and then by A. B. Barrett, William S. Holloway and others as a residence.
In the spring of 1814, Wyatt H. Ingram and Fayette Posey, un. der the firm name of Ingram & Posey, built a frame tobacco ware- house near the center of the square, and upon the ground now occu- pied by A. S. Winstead's storehouse, and in 1815 handled six hundred and eighty-four hogsheads of tobacco, while the Henderson warehouse on the corner below handled three hundred and eighteen.
HARD TIMES.
During this year, and for many years previous, money was very scarce, and the greatest privations we're experienced on that account. A meeting of the citizens of the county was called to suggest a remedy.
This meeting was held on Saturday, November 12, 1814, and was largely attended. Walter Alves was appointed chairman and Am- brose Barbour secretary. Walter Alves, James Hillyer and Philip and Ambrose Barbour, were appointed to correspond with certain Lex- ington gentlemen, in regard to petitioning the Legislature for a score of bank charters, It was resolved to petition the Legislature for a charter for a bank at Henderson, and James Hillyer, Philip Barbour and William and David Hart prepared the petition. Philip and Am- brose Barbour, James Hillyer and Thomas Towles were appointed to attend the Legislature. A committee was appointed to raise funds to defray expenses and then the meeting adjourned. The committee,
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HISTORY OF HENDERSON COUNTY, KY.
consisting of Thomas Towles and James Hillyer, attended the meet- ing of the Legislasure, and in the course of time a perfect flood of bank charters were passed, and among the number the " Bank of Hen- derson." This concern was organized with Captain Samuel Ander- son as president, and James Hillyer cashier. It commenced business in a log house, which stood on the southeast corner of Main and Sec- ond Streets, and delegated Captain Daniel McBride to visit Philadel- phia on horseback for the purpose of having their circulating notes printed. They then determined to erect a banking house, and to that end purchased the northeast corner of lot No. 49, and commenced the building in 1818 of the two-story brick now owned by Hugh Kerr, and occupied by Kerr, Clark & Co., as a tobacco office. The bank failed about the time, or just before the house was completed. The building was then purchased by Joseph Cowan and completed. It was originally a three story house, but owing to the insecurity of the upper walls the third-story was taken off and the house reduced to a two-story, as it is at the present time. This old landmark, from the time of its completion, up to the time it was purchased by Mr. Kerr, , was used as a tavern, having been occupied by Joseph Cowan, Rob- ert Speed, James Hicks, Leonard H. Lyne, Mrs. Brent and others.
In the spring and summer of 1819, Richard Atkinson & Co. estab- lished, about midway of the square, on the west side of Second, be- tween Main and Water Streets, a large tobacco warehouse, which was operated up to the year 1844. During this year Dr. James M. Ham- ilton owned and carried on a blacksmith shop located on the Public Square.
TOWN ELECTION.
Robert Terry, Obadiah Smith, Thomas Herndon, Captain Fran- cis Walker, were elected trustees of the town. The election was an exciting one, yet only twenty-one votes were polled.
The candidates at this time were Robert Terry, Oba Smith, Thos H. Herndon, Lazarus Powell, Levi Barden, Captain F. E. Walker, William Williams, Robert Speed, Moses Morgan, W. H. Ingram. The voters were Robert Speed, Samuel Crosby, Joel Lambert, James Hill ver, Samuel Hopkins, J. B. Pollitt, Hancock Grigsby, William Jett, George Barnard, Obadia Smith, Bennett Marshall, Moses Morgan, Fayette Posey, James Wilson, Joshua Mullen, John A. Judah, William Williams, William Rankin, Ambrose Barbour, Jonathan Anthony, Daniel McBride, twenty-one all told.
In 1820 Mrs. James B. Brent kept tavern in a little log house which stood on the corner of Third and Main Streets, the same ground
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HISTORY OF HENDERSON COUNTY, KY.
now being occupied by D. R. Burbank's factory. In this house, or in the road near by it, is where Captain Ed. McBride received his wound, which will go with him to his grave. The old shanty was afterwards familiarly known as Rat Castle. =
OLD MAN SPIDEL
Became known as the best tavern keeper in the town, and at that time occupied the old Johnson brick on the corner of Main and First Streets. Prior to this time he operated a slaughter house on the point of land opposite Powell Street on the river bank, and furnished the town with fresh beef, pork and mutton.
The Legislature of 1820-21, as mentioned in a previous part of this work, chartered the Commonwealth Bank. The branch for this district was located at Hartford, in Ohio County. James Hillyer, father of our aged and respected fellow citizen, Judge P. H. Hillyer, was appointed a director for Henderson County, and as such had con- trol of the business of making loans and receiving moneys for that bank. He made frequent visits to Hartford for the purpose of get- ting money, and for paying money collected of borrowers.
THE PUBLIC SQUARE.
By the ordinance of the ninth day of August, 1797, the Transyl vania Company appropriated all of that territory in the center of the town bounded by Water. and Green and Upper First and Lower First, or Washington Streets, for public uses, and or- dained that it be under the municipal jurisdiction of the said town in trust for those uses and no other. A few years thereaf- ter, General Samuel Hopkins, agent for the company, caused two acres to be surveyed off this plat, to be given the County of Hen- derson for public uses, and from that time a system of land grabbing was inaugu rated, and never settled until about eighteen years ago.
In 1821 it was represented to the Legislature of the State that the citizens of Henderson County desired to sell a portion of the Public Square in the town for public convenience and public pur- poses, and, in conformity to that representation, an act was approved December 6, making it lawful for the County Court of Henderson, a majority of all the Justices of the county forming said court, to make such an order as to them might seem expedient for a sale and con- veyance of a portion of the Square, not exceeding one acre, the pro- ceed to be applied towards lessening the county levy. This was never done.
The original Transylvania Company was composed of Richard Henderson, Thomas Hart, Nathaniel Hart, William Johnson, James
264
HISTORY OF HENDERSON COUNTY, KY.
Hogg, John Williams, John Luttrell, David Hart and Leonard Henly Bullock, the first seven owning equal interest, being one-eighth each, and the last two owning one-sixteenth each. At the date of the or- dinance, August 9, 1797, only three of the original partners were liv- ing, namely, Thomas Hart, James Hogg and John Williams. The or- dinance was signed by John Williams, James Hogg, Richard Bullock, Walter Alves, John Hart, John Umstead and Henry Puviance, attor- ney for Thomas Hart, Nathaniel Hart and L. Henderson.
CHARLES BUCK TROUBLES.
In 1821, one Charles Buck, claiming to be the sole heir of John Luttrell, deceased, appeared on the ground and asserted claim to one- eighth part of the entire town of Henderson, including lots, streets, alleys and public grounds, and for the recovery thereof instituted ac- tion of ejectment in the Circuit Court against those who had pur- chased lots from General Samuel Hopkins, agent of the company. He denied the validity of the ordinance, and, also, that the town was legally established, or that the said ordinance was signed or pub- lished by persons having right or authority to make or publish the same. Pending this suit an arrangement and compromise was ef- fected between Buck and the citizens and lot owners, whereby the said Buck, in consideration of thirteen hundred and fifty dollars, dis- missed his bill, and by deed relinquished his entire claim to said lots, streets, alleys and public grounds to the citizens and lot holders. This thirteen hundred and fifty dollars constituted a fund raised by the lot owners, who had purchased from General Hopkins prior to the com- ing of Buck. Before the compromise between Buck and the lot own- ers, at least before the date of the deed, an allotment of in and out lots was made to him by order of the County Court. Buck claimed to hold, by deed, John Luttrell's one-eighth share in the grant made by the State of Virginia to Richard Henderson & Co. Edmund Tal- bott and G. Ormsby, Commissioners of the Court, allotted to him as his share, or eighth part, in or one acre lots, running serially from 145 to 175, both inclusive, on Water Street Square, also on Main and Third Streets, from 193 to 220, inclusive. Also on Third and back streets, all'of the lots by numbers in regular progression, from lot 237 to 264, inclusive. Also, five lots on Main and Third Streets, making in all ninety-three lots of one acre each. Also, of out lo's of ten acres each, the following lots as numbered in said plat, viz .: Nos. 25, 26 and 24, the lots now allotted or assigned to the said Buck as aforesaid, in and unto the aforesaid, in lots and out lots so numbered and stated above, are of the one acre lots numbered 217, 218, 219,
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