USA > Kentucky > Henderson County > History of Henderson County, Kentucky > Part 27
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On motion of A. B. Barrett, he was authorized to contract with Isaiah S. Keen for inclosing the cemetary, corner Elm and Fourth Streets, at a price not to exceed one hundred and thirty-five dollars, and Joseph D. Gobin was allowed twelve and one-half cents for re- moving one dead cat from a ditch below the Taylor House.
At the July meeting of the Trustees it was "Ordered that a.brick tunnel of sufficient capacity for carrying off the water from Mill and Water Streets, be built from the top of the bank at the foot of Mill Street, such distance down the bank as the committee should think proper. Also, that a paved wharf thirty-six feet wide, not less than one foot deep, of concave form, with a gutter in the middle, be built."
The Wharfmaster's fees for freight received upon his wharfboat were fixed as follows: " For one ton or more in same lot, twenty cents per ton ; for less than one ton, and over five hundred pounds, at the rate of twenty-five cents per ton ; for five hundred pounds and un- der, at the rate of forty cents per ton ; for a single package, ten cents,
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HISTORY OF HENDERSON COUNTY, KY.
1844.
In 1842-3, the town was the owner of a fire engine, but where it came from, or what was the cost of it, no one knows. The probability is the little concern was a failure, for at the March meeting 1844, an order was entered of record directing the Town Sergeant to sell the engine, either at public or private sale upon a credit of three months. August 12, it was "Ordered that the Town Sergeant suppress all negro preaching and negro meetings within the limits of the town, of nights in the future."
During this year, a determined effort was made by the Trustees to prevent further washing of the river front, and to fill up several ravines already encroaching upon the town. A citizens' fund was raised-two hundred dollars appropriated by the Trustees, and three hundred dollars by the County Court. With this a wide fill was made across the ravine at First Street below the square, a twenty-foot fill made around the corner of lot No. 1, corner First and Water Streets, and an embankment along Water Street, from Third to Seventh, with four four-foot plank tunnels or outlets to the river. Notwithstanding the efforts of the Trustees, and the large amount of money expended, it is a fact that where each one of the four tunnels were placed there occurred a break in the bank, and fearful washing away of the front, carrying with it the plank tunnels. It would have been better had the Trustees let matters take its course, but it was commendable at least, to know that they endeavored to do the best that could be done in their judgment. At this time a general improvement of the prin- cipal streets and pavements was being made, new merchants were coming in, and a brighter outlook hovered over the town.
1845.
At the March meeting it was determined to erect a market house on pitlars, one-story high, with a calaboose at one end for the use of the town. Upon petition of Strangers' Rest Lodge, Independent Or- der of Odd Fellows, permission was given them to build a second story, thirty feet long, eight feet high, to be used as a Lodge room. This building was erected on Main Street, opposite the Hancock, now Barrett House, and in 1852 it was burned, supposed to have been the act of an incendary.
A novel way of preventing the spread of small-pox appears of re- cord at the meeting of the Trustees November 7. A Mr. Ashby, a merchant from Madisonville, had landed in the town with small-pox, and was placed in a house opposite the old cemetery. The attention
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HISTORY OF HENDERSON COUNTY, KY.
of the Trustees having been called to this, it was ordered that a high fence be built across Elm Street at each corner of the cemetery lot, to prevent the spread of the disease. The street was fenced across in two places, and no one permitted to pass until Ashby recovered, when the street was again opened.
1846.
On the thirtieth day of July a stringent order was passed by the Board of Trustees, concerning night walkers, and under this order the Town Sergeant was directed to ring the Court House bell every night at nine o'clock, and that all slaves, night walkers and disorderly per- sons found strolling about in the night fifteen minutes after that time, should be arrested and dealt with according to law. At the ringing of the bell, but few persons were to be seen on the streets, and those who were out made haste to avoid the town watch. On the twenty- fifth day of August, an ordinance was passed directing the lot holders, whether citizens of the town or otherwise, on both sides of Mill Street, between Elm and Back, now Green Street ; the north side of Water, between First and Second, the south side of First, between Water and Elm, both sides of Main lying between Third and Fourth, the north- east side of Elm, between first cross and Mill or second cross streets, · to grade and pave sidewalks as may be in front of their respective lots. The grade was to be furnished by the Trustees, by marked posts. The sidewalks were to be ten feet wide, except Water Street, where eight feet was only required. The sidewalks to be constructed of brick, the curbing to be stone or sound white oak, post oak, or black locust, timber sawed or hewed on all four sides, and not less than four inches thick and nine inches wide. Many persons were permitted to use public or river gravel in making their walks in place of brick. This was the second order passed by the Trustees looking to the permanent improvement of the sidewalks of the town. Another appro- priation was asked of the County Court, to be spent on the ravine on Lower First Street, and that body with becoming liberality, donated another three hundred dollars to be washed into the Ohio River. The town was laid off into four working districts, and for the better pro- tection and improvement of the streets, a supervisor of each district was appointed, and directed to call upon the citizens of his district, whenever necessary, to turn out with working tools and repair or im- prove the streets. Be it said to their credit, the citizens did, when- ever necessary, respond to the supervisor's notice with commendable zeal, and by this means the streets were kept in sufficient repair at no expense to the Town Treasury, G. A. Mayor, who carried on the
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HISTORY OF HENDERSON COTNTY, KY.
gunsmithing business on Mill or Second Street, asked to be relieved from the penalties of the ordinance against firing guns in the town. His petition was granted upon condition he would build a good and substantial battery of wood, back of his house, the same to be exam- ined and approved by Joseph D. Gobin, one of the Trustees.
1847.
The old hospital on the river front, between Eleventh and Twelfth Upper Streets was built this year. Many years afterwards, it was occupied by old Jack Shingler, the noted fisherman, who died in it neglected and almost forgotten. By an order of the Board of Trustees, the negroes were allowed the privilege of holding a meeting for religious worship every Friday night until ten o'clock, and every Sunday afternoon until sundown.
July 27, the Trustees repealed this order, and passed in lieu there- of, an order prohibiting slaves from preaching or assembling for relig- ious worship at night, but granting them the privilege of holding Sun- day afternoon meeting.
1848.
Owing, perhaps, to past stringent orders concerning negro wor- ship, the citizens became anxious and interested in their spiritual wel- fare ; they, therefore, at the February meeting of the Board of Trustees presented a plan of worship, embodied in a petition, which they asked to be adopted. The following is the order of the Board : " Mr. F. Cun- ningham presented the petition of sundry citizens with regard to in- structing the negroes in the way of salvation. Mr. Samuel N. Langley moved to lay said petition on the table. Carried unanimously and so the said petition was laid on the table."
It was the custom of old-time Trustees to deal summarily with all matters of public concern coming before them. It had been rep- resented that Messrs. Lyne & Terry, who owned a wharf-boat at the foot of Mill Street, were charging exorbitant prices for freight pass- ing over their boat. To remedy this, they were ordered to immedi- ately remove their boat from the Public Landing, and, upon failure, the Wharfmaster was directed to carry out the order.
The old Trustees, also, were not merely local politicians, but manifested a lively interest in foreign affairs, as will be evidenced by the following, passed by them on motion of R. G. Beverly :
" WHEREAS, The members of this Board have heard with great pride and pleasure of the Revolutions in Europe, and of the downfall of despotism more practically in France ; therefore,
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HISTORY OF HENDERSON COUNTY, KY.
"Resolred, That we tender the sympathies of this Board, and of our Re- publican constituents, to the people of France, and other parts of Europe, in their efforts to throw off Monarchy. And we earnestly hope they will suc- ceed in establishing a Democratic Republican form of Government, in which the principle that ' the people are the source of all political power,' may be es- tablished "
During this year it was determined that the three offices of Town Sergeant, Collector and Wharfmaster should be consolidated into one, and that the duties of the three be performed by one per- son. It was further required of said officer to furnish, for the use and benefit of the town during his term of office, one horse and cart and two able-bodied laborers. Also to superintend the said hands, and to see that they and the said horse and cart were employed under the direction of the Board of Trustees. This new officer was to be known as Town Sergeant, and to receive a salary of eight hundred dollars, and such commissions as was then allowed by law. James Taylor (better known as Two Horse) was unanimously appointed to perform the duties of the new office.
1849.
January 22, an act of the Legislature was approved, authorizing the Justices of the town to sell upon such terms, and in such parcels, as they might deem best, the Public Square, vesting them with power to convey the same to the purchaser by deed of conveyance or other- wise. The Square was not sold under this act, but was, under a sub- sequent one, as will be seen further on.
In the early part of February, a company was organized com- posed of James Alves, Samuel Stites, L. W. Powell, Fount Cunning- ham, William H. Cunningham, Edmund H. Hopkins, and others, under the name of the " HENDERSON CEMETERY CO."
On the nineteenth day of February, an act of incorporation was passed, authorizing them to purchase and hold for burial purposes, not exceeding thirty acres of land. On May 13, 1853, eighteen and five-eighths acres of land, lying on the Madisonville road, about one mile from the Court House, was conveyed to William Rankin and others, Trustees of the " Henderson Cemetery," for the sum of one thousand three hundred and ninety-six dollars and seventy-six cents, and soon thereafter a transfer was made to the city, and the same es- tablished as the public burial ground. Lots were sold and the place gradually improved, until now this beautiful and sacred spot, known as " Fernwood," is one of the prettiest burial grounds in the State.
In this same month the Cumberland Presbyterian Church was incorporated, with Joel Lambert, Wiatt H. Ingram, C. M. Pennell,
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HISTORY OF HENDERSON COUNTY, KY.
Edward D. McBride and John H. Lambert named as trustees. For a number of years this church flourished, but, from some unknown cause, was permitted to cease its existence, and for a long time since has been without a minister or congregation. In 1884 it was revived again, and now holds regular services.
A system of sidewalks was adopted this year which proved to be at that time, not only inexpensive, but of great comfort and conveni- ence to the citizens generally. From Main street, or from the termi- nal points of sidewalks already built, flatboat gunnels, or gunwales, were laid down, and while it is true that in no instance were these timbers over two feet wide, and parties moving in opposite directions who happened to meet on one of them necessarily had to decide by lot which of the two should take the mud, they were yet so much bet- ter than the limitless mud tracks traveled prior to that time, no com- plaint was urged, but general satisfaction seemed to govern the entire community.
1850.
April 15, a contract was made with William B. Vanzandt to grade and pave one hundred feet of Mill Street landing, as an additional wharf, at and for the sum of seventeen hundred dollars.
Up to this time the town had never owned a prison house, and finding one to be indispensibly necessary, it was ordered, June 10, " That John H. Lambert and James Rouse be authorized to contract for the erection of a small calaboose house, or lock-up." This miser- able little affair was built, as directed, at one end of the Market House, and, of course, no arrangement made for keeping it warm dur- ing the cold winter days and nights. As a speculation, or precau- tionary movement, it proved a sad investment both to the town and the Odd Fellows. Tradition has it that a wild Irishman was caged in it one bitter cold winter night, and that but for the continued exer- cise of his body he would have frozen to death ; that when he was released therefrom, he remarked to the officer that that room needed warming, and he was the very fellow to do the work., Sure enough, a short time afterwards, the Calaboose, Market House, Town Hall and Odd Fellows Lodge, with all of their books, papers and Lodge effects, were burned to the ground.
The tax levy for this year was the same as for many years pre- vious, to wit : Twenty-five cents on the one hundred dollars valua- tion, one dollar on each white male over the age of twenty-one years, and one dollar on each free black over the age of sixteen years, and a specific tax as follows :
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HISTORY OF HENDERSON COUNTY, KY.
TAVERNS.
Martin H. Hancock, $15; Wm. F. Gobin, $15; William E. Lambert, town and wharf-boat, $7.50.
GROCERIES.
Joseph Adams, $20; Jacob Held, $10; G. & J. C. Atkinson, $10; Alex. B. Barret, $10; John B. Hart, $15; Peter & Paul Semonin, $15; Reidhar & Millet, $20; Louis Reiglar, $5.
STEMMERIES.
A. B. Barret, $20; D. R. Burbank, $20; Hugh Kerr, $20 ; Rob- ert Clark, $20; William Soaper, $15.
This was the first year, it appears, that Robert Clark and William Soaper had transacted the stemming business in their own name in the town. George Atkinson gave up the stemming business at the close of 1849, and sold his house to Robert Clark.
William D. Allison, Town Clerk, was allowed the sum of forty dollars for his services as clerk this year. Philo H. Hillyer, Treas- urer, was allowed twenty-five dollars, and considering the bond these two officials were required to make and the multiplied duties heaped upon them, it is safe to say that men in those days served the public more for glory than for the pay.
The contract made with W. B. Vanzandt for grading and paving Mill Street wharf during the year 1849, was changed by consent of parties and a new one made. More paving was required, a tunnel was ordered to be built from the top of the bank of brick to the foot of the landing. This wharf and tunnel was completed in December, and at the January meeting of the Trustees, 1851, was re- ceived and three thousand seven hundred dollars allowed the con- tractor, to be paid out of the revenues of 1850-51 and 1852.
1851.
In June of this year a general ordinance directing the laying of brick, plank and gravel sidewalks on first, second, third and fourth cross streets and on parts of Water, Main, Elm and Back or Green Streets, was passed.
1852.
May 6, Henry J. Eastin was employed to resurvey the town and directed to plant iron pins at the corner of each square. This sur- vey was made, and afterwards by a hotly contested and bitter elec- tion ratified by a vote of the people, and to this day is recognized as the correct survey of the city.
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HISTORY OF HENDERSON COUNTY, KY.
A general improvement of the town was inaugurated this year, several brick tunnels leading to the river were ordered to be built, principally the one at First and Second Streets. First Street was or- dered graded and filled from Main to Green.
1853.
Rev. Joel Lambert, President of the Henderson & Nashville Railroad, at the June 2 meeting was granted the right to construct a tram road over Fourth Street from the depot to the river bank, on the following conditions : The grade of the road to correspond with the grade of Main and Water Streets, the track to be located in the cen- ter of the street so as not to interfere with a good carriage way on either side of the track. The company to have the right to convey along said road all the property of the company, but with animal power, and not to move at a speed exceeding four miles an hour, and at no time to obstruct the crossings.
On the seventeenth day of June a majority of the property owners fronting on both sides of Main Street, from First to Upper Third Street, and on Mill from Water to Main, petitioned the Trustees of the town to grade, gravel, gutter and otherwise improve the streets, and obliging themselves to pay for one-half of the streets lying in front of their respective property. Immediately upon receipt of the petition, an ordinance was passed directing said improvement to be made. It specified that a carriage way be graded and paved, the dirt to be thrown up in the middle and a stone gutter constructed on each side of said carriage way and on the outside of the sidewalks, the gutters to be five feet wide and laid with stone not less than two inches in depth, the carriage way paved with gravel not less than ten inches thick.
It further directed the building of a landing fifty feet wide at the foot of First Street, to be paved with gravel and a stone gutter sixteen feet wide, and annulled the previous order directing a brick tunnel. This wharf, it was charged, was built in the interest of property own- ers near by, one or two of whom were members of the Board of Trus- tees at the time. It proved an expensive failure, washed away and came near destroying all of the adjoining property and has twice since been tunneled.
This, however, was the first order or ordinance ever passed looking to the permanent improvement of any of the streets of the town, and, of course was hailed with delight by the citizens generally.
A contract was entered into with Moses Ross to build the wharf at First Street for the following prices : Twelve cents per cubic yard
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HISTORY OF HENDERSON COUNTY, KY.
for excavation, twelve cents per cubic yard for embankment, $2.75 per perch for paving the gutter with limestone, 1612 cubic feet to the perch, and seventy-five cents per cubic yard for all gravel put on ten inches thick. This wharf cost $4,152.3712. The President of the Board was directed to contract for the improvement of the intersec- tions of the streets and also to have stepping stones put at all im- portant crossings.
On November 5 many of the citizens petitioned the Board to be allowed to make sidewalks in front of their respective lots fifteen feet, instead of twelve feet wide. The prayer of the petition was granted, and from that time all of the principal sidewalks of the town were ordained to be built fifteen feet wide.
1854.
On the eighteenth day of February an act of the Legislature was approved investing Henderson with all the general powers of mu- nicipal corporations. Under this act the town became a city and was divided into two wards. The First Ward included all that territory lying above Mill Street, and the Second Ward all that territory lying below Mill Street. Each ward was entitled to three Councilmen, and at the first election directed by this charter, it was provided that a poll be opened in each ward for the election of a Mayor, three Coun- cilmen, a City Judge, an Assessor, Marshal and Treasurer. John H. Lambert, James Rouse, William Brewster, L. F. Danforth, Elijah W· Worsham and James E. Rankin were appointed · commissioners to superintend the organization of the city government under the char- ter.
On the first day of May an election was held and the following named persons elected : William B. Vanzandt, Mayor ; James W. Clay, George M. Priest and Jacob H. Fulwiler, Councilmen First Ward ; John H. Lambert, Barak Brashear, David H. Unselt, Coun- cilmen Second Ward; Worden P. Churchill, City Judge ; Solomon Nestler, Marshal ; Henry Lyne, Treasurer ; Young E. Allison, As- sessor.
The eastern survey of the town was submitted at this election and ratified by a large majority of those voting. The last minute of the clerk of the Board of Trustees is as follows : "The Mayor and Councilmen having been sworn into office, and the archives and property of the town of Henderson having been delivered up to them, the Trustees adjourned forever and a day."
The first meeting of the Mayor and the Council was held at the Court House on the eighth day of May, the Mayor and Council all
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HISTORY OF HENDERSON COUNTY, KY.
present. Y. E. Allison was elected clerk. It was ordained that all ordinances in force at the time of the change from a town to a city government, should remain in full force until repealed, modified or amended by the Council. An ordinance establishing rules for the government of the Council was passed, and two night policemen em- ployed as assistants to the Marshal.
It was ordered that the regular meetings of the Board be held on the first Tuesday in every month, at three o'clock P. M. At this time it was determined to change the grade of Main Street, from Second to sixth upper cross street. From Second to Third Street had been improved according to the grade established by D. N. Wal- den, engineer, but the Council became dissatisfied with it and passed, at their meeting held on the twenty-seventh, the following ordinanc : :
' Be it ordained by the Common Council of the City of Henderson. that the grade of Main Street from the intersection of Main and Second Streets, to the intersection of Main and Sixth Streets, shall be a regular inclined plain from the surface at said Second to the surface at said sixth cross street."
This ordinance necessitated the taking up of the gravel, curb stones and guttering already laid down between Second and Third Streets, a new grade and the relaying of the gravel, and rebuilding of the gutters, etc. On the thirtieth day of May a contract was entered into by and between the city and Moses Ross, to do the work at the following prices, and to be paid as follows : For removing 80 perches of stone, $40; for removing 261 feet of curb stone, $25 ; for removing and replacing gravel already on the street, $150, and fifteen cents per yard for all excavations. The property holders on both sides of the street to pay for all excavations, and all other expenses to be paid for by the city.
On the thirty-first of May, a more liberal right of way over Fourth Street was granted the " Henderson & Nashville Railroad."
The officers of the election, to be held in the following August, were requested to open a column in their poll book in which to take the sense of the citizen voters of the city as to the propriety of sub- scribing twenty-five thousand dollars to aid in building the " Hender- son & Nashville Railroad."
In August, 1854, the Common Council purchased the interest of the stockholders, to wit: Edmund L. Starling, William Rankin, W. B. Vandzandt, Samuel Stites, James E. Rankin, L. G. Taylor, A. B. Bar- rett, William E. Lambert, John N. Lambert, L. W. Powell, Joel Lam- bert, Solomon Nestler, F. Cunningham, Will D. Allison, George M. Priest, James Alves, George Atkinson, Francis Millet, Peter Semo-
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HISTORY OF HENDERSON COUNTY, KY.
niu and D. R. Burbank, in the " Henderson Cemetery.", The fol- lowing is a copy of the contract :
"' The Council agree to issue scrip to each stockholder in the company for the amount of his stock, bearing interest from the first day to May, 1853. and to be made payable out of the city revenues to be collected in 1855, and the Council assumes all the liabilities of said company, and are entitled to all its revenues of every kind and benefits of its charter and privileges.
WM. S. HOLLOWAY, JAMES W. CLAY, Committee.
And thereupon the following ordinance was passed :
" Be it ordained, etc .: That all persons are hereby prohibited from burying deceased persons in what is known as the old grave yard, or anywhere else within the city limits on and after this date. Further, that the Mayor have the old grave yard fence repaired and closed forthwith."
The amount of revenue to be collected for this year, as reported by the Collector's books, was $6,653.00, and upon this information Solomon Nestler, City Marshal, was directed and required to give additional security apon his bond. The Marshal was present when this order was made, and then and there refused to comply with the order and left the Council Chamber. At the following meeting, Au- gust nineteenth, Mayor Vandzant preferred articles of impeachment against Marshal Nestler, as follows :
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