USA > Kentucky > Lewis County > History of Lewis County, Kentucky > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23
232
History of Lewis County, Kentucky
issued in paying for the right of way in Lewis or other counties. The bond shall draw interest at six per cent, and a tax of five cents on each one hundred dollars' worth of property is levied to pay them. CHAPTER 969 of the same session amends this Act by increasing the bonds to $10,000.
CHAPTER 550 enacts that the trustees of the Methodist Episcopal Church, in Vanceburg, may convey lot No. 48 to T. M. Games, S. Ruggles, B. W. Parker, Alfred Harrison, and L. B. Piersal, and their successors, in trust for the benefit of said Church.
CHAPTER 686 provides that a fee of ten cents for each suit entered on the general and cross index to suits in the Lewis Quarterly Court. This claim is to be allowed the county clerk each year.
CHAPTER 807 incorporates the Sand Hill and Concord Turnpike Road Company. The incorporators are Jackson Norris, B. T. Wells, John M. Freeman, G. S. Doyle, and W. S. Jeffers.
CHAPTER 880 incorporates the Manchester, Crooked Creek, and Covedale Turnpike Road Company. The incorporators are A. M. Lang, John M. Myers, Amos Means, G. S. Doyles, J. H. Garrett, and Jas. G. Wilson.
CHAPTER 899 amends the Cabin Creek, Sand
233
History of Lewis County, Kentucky
Hill, and Manchester Road charter. Permits them to build a branch from Thos. M. Rea's, via Bink Gilbert's and Mrs. L. Crawford's, to John McCarahan's house, on Main Cabin Creek. Said road is allowed one thousand dollars per mile county subscriptions, and was built for that amount.
ACTS OF 1887-88: CHAPTER 14 empowers the County Court of Claims to levy twenty-five cents instead of ten cents as per Act March 10, 1880.
CHAPTER 15 authorizes the County Court to issue bonds and levy twenty cents on the one hundred dollars to build a bridge at the mouth of Montgomery and over the stream of Kinni- connick.
CHAPTER 278 authorizes and charters the Cabin Creek, East Fork, and Concord Turnpike Road Company. This road was to run from Thos. M. Rea's, on East Fork, via East Fork Cemetery to the C. & T. Road, near the lands of Jeremiah Wellman.
Cornelius Hughes, Jonathan Truesdell, Saml. Fry, T. M. Rea, D. H. Boyd, and F. M. Trues- dell were appointed commissioners, etc. This road was not built.
CHAPTER 439 authorizes the Cabin Creek Road Company to build a branch road up Clear Creek to Tollesboro. They did not do it.
-
234
History of Lewis County, Kentucky
CHAPTER 866 amends the charter of Vance- burg so that the assessor shall begin his duties on the 10th day of September, each year. He shall report his completed work in November to the council, which shall appoint three super- visors. They are to report in December. The city clerk shall list the taxes with the collector by the 15th day of January. After the first day of May the collectors shall advertise and sell property for taxes, and may be redeemed at any time within two years by cost and thirty per cent interest.
CHAPTER 1185 authorizes the circuit clerk to make a general, direct, and revised index to suits off the docket.
CHAPTER 1462 divides the V. S. L. T. & M. Turnpike Road into two sections, and allows the election of officers on each section. Section No. 1 extends from Vanceburg to the Cabin Creek bridge, including the bridges; and No. 2 from said to the western terminus. It also authorizes the building of a branch road from Tollesboro one mile toward Richland.
ACTS OF 1889-90: CHAPTER 143 amends the charter of the Quick's Run and Ohio River Road so that the road may run to Vanceburg, or to Carr's Landing, on the Ohio.
CHAPTER 218, for the benefit of J. C. Wil- lim, sheriff, allowing him further time to make
-
235
History of Lewis County, Kentucky
official bond, said right having been forfeited by an oversight in neglecting to obtain his quietus.
CHAPTER 325 amends the title to the Cabin Creek, East Fork, and Concord Road, making said road begin at the residence of Jacob Mower and run along Chalk Ridge to E. F. Courtney's, and thence to the C. & T. Road, at the residence of Cooper Means.
The usual ration of county bonds is pre- scribed.
CHAPTER 373 incorporates the Kinniconnick and Freestone R. R. Company. The road is to run from the Ohio River, up Kinny and through Carter or Rowan Counties, to intersect the Lexington and Big Sandy R. R.
The incorporators are all persons who be- come stockholders, and the commissioners to open books are A. H. Parker, J. W. Sweet, C. B. Houghton, and George W. Bruce, Jr., of Lewis County.
CHAPTER 450 changes the boundary line of Lewis County as follows: "Beginning at a point where the line now crosses the Orange- bury and Tollesboro Turnpike Road; thence with said road east 36 rods and 10 poles to a corner of the lands of Samuel Hull and S. D. Gardener; thence with their line north 196 rods to a corner in the lands of Humphrey Marshall
236
History of Lewis County, Kentucky
and S. D. Gardener; thence west with said Gardener's line 1234 rods to its intersection with the present line between the two Counties of Mason and Lewis; all lands lying to the west of above named line shall hereafter be in Mason County.
CHAPTER 463 permits the Cabin Creek Road Company to build a branch from Cottageville, in Lewis County, to Rectorville, in Mason County, and prescribes the usual one thousand dollar county bonds for both counties.
CHAPTER 499 amends an Amendment to the V. S. L. T. & M. Road, properly naming the boundary of the two divisions of said road.
CHAPTER 504 makes it a misdeamor finable in the sum of twenty-five dollars or imprison- ment not less than fifteen days for any person to take intoxicating liquor to a church or school. This Act applies to Lewis County and a few others.
CHAPTER 685 amends the charter of the city of Vanceburg so as to allow the city to dispose of lands that she may own.
CHAPTER 912 authorizes Lewis County to levy a tax of ten cents on the one hundred dollars for the purpose of building a bridge over Kinny Creek, at the mouth of McDowell.
This Act has never been carried into effect. CHAPTER 1034 incorporates the Vanceburg
237
History of Lewis County, Kentucky
and Stout's Lane Turnpike Road Company. The incorporators are W. J. Willim, B. F. Bradford, T. J. Bruce, John Hammond, G. K. Cole, J. C. Cole, E. Falls, A. H. Parker, and W. C. Halbert.
CHAPTER 1014 makes it unlawful to vend, sell, loan, or give away any kind of intoxicating liquors within two miles of Oak Ridge Baptist Church, in Lewis County, or to engage in danc- ing within the same distance. The Act makes the offense a misdeamor finable from ten to fifty dollars.
CHAPTER 1158 amends an Act for the benefit of county clerks, in so far as Lewis County is concerned. It changes fees from fifty to twenty- five dollars.
CHAPTER 1244, for the benefit of school district No. 75, authorizes the trustees to levy a tax to build a schoolhouse.
CHAPTER 1459 .- Covedale and Ohio River Turnpike Road Company is hereby incorporated, with Dyas Pence, Amos Means, Isaac T. Hines, Henry C. Myers, and B. F. Wells as the in- corporators. The road is to run from Cove- dale to the Pence schoolhouse, on the Ohio River.
CHAPTER 1590 authorizes Lewis County to levy a tax to build a bridge over Scaffold Lick, in Quincy Precinct. The tax authorized is
238
History of Lewis County, Kentucky
twenty cents on the one hundred dollars' worth of property in the county.
This bridge has been built, and is an ex- cellent one.
CHAPTER 1663 incorporates the "Petersville and North Fork Bridge" Turnpike Road Com- pany. Dyal D. Lykins, Peter D. Lykins, John F. Lang, Dyal Gullett, Landen C. Brown, Edward Becket, and Jesse Miner are the incor- porators. The road has been built; it was finished in 1895.
CHAPTER 1761 amends the charter of the town of Quincy. Makes the election for trustees, police judge, and marshal to be held on the first Saturday in April of each year. It pro- hibits the sale of intoxicating liquors under any license except druggists', and that must be on prescription signed by regular practicing phy- sician, stating the reason therefor. From sixty to one hundred dollars was the fine fixed.
ACTS OF 1891-92-93: This is the long session immediately after the adoption of the new "Constitution of 1890." It did not deal in any special legislation, except to repeal several local Acts.
The new Constitution prohibits the Legis- lature from passing any special legislation, and, therefore, our chapter on "Acts" necessarily ends here. But before closing this chapter, we
239
History of Lewis County, Kentucky
must say that local legislation has been the bane-the curse-to the State of Kentucky. During its existence it was impossible to tell whether the law in one county was the law in another, or whether the General Statute was not modified by certain legislation from being ef- fective in some localities; but a worse effect of it was that a few people in a certain locality wanting a turnpike road, for instance, would get a charter and subject the people of the whole county, who had no interest in their scheme, to pay a tax on county bonds for the benefit of that locality. It made the county pay taxes to raise capital for a corporation to do business on, and then give it the power to continue the tax by charging the public for services rendered from institutions produced mainly by their own capital. If "turnpiking" is a business done for profit, the profit ought to accrue to those who furnish the capital, but some of the roads have been built on the county bond alone, and the people who paid the taxes have also paid the toll, and have never received a cent in return; in fact, there is only one road in the county that ever paid a dividend, and that is the Lewis and Mason Road, from Burtonville to Maysville. We firmly believe that these roads ought to be turned over to the county, it being the largest stockholder, and made free to the use of all citizens of the county.
CHAPTER IV
SUCCESSION OF OFFICERS-LIST OF REPRESENTATIVES
POLITICS-ISSUES IN THE VARIOUS CAMPAIGNS-
DELEGATES TO THE CONSTITUTIONAL CONVENTIONS.
THE CONSTITUTION OF 1799, under which Lewis County was organized, did not name a county judge, but the oldest magistrate presided at the County Courts, which were held once a month. George Fearis seems to have been that magistrate from two reasons-he signed the court records as presiding justice, and he was first appointed sheriff in the county, custom requiring the magistrate oldest in commission to be appointed. Some seem, however, to think Landen Calvert was first; but the evidence above refutes that idea.
Landen Calvert, however, was the first grown person to die on Salt Lick; the date is not given, but I find that he was last in court of June 27, 1808, and his successor was ap- pointed in January, 1809, so that he must have died between those dates. The old graveyard where he is buried has been turned into a pasture, to the shame of Lewis County, be it said, in thus neglecting to commemorate her pioneers by even a decent graveyard.
SUCCESSION OF OFFICERS: At first there
240
241
History of Lewis County, Kentucky
were only two election precincts-Salt Lick and Ohio precincts-but the election lasted for three days, if any one of the candidates desired it. There was an election every year for the purpose of electing one representative in the Legislature and one senator. The senators, after the first election under the Constitution of 1799, were to serve four years. The first senators elected were divided into four classes by lot, one class going out each year, and a new member taking his place.
There was no election of the judiciary or minor offices of the county. The magistrates composing the County Court were appointed by the governor, with a "during good be- havior" tenure of office. There was only three ways to get them out-bad conduct, death, or promotion to sheriff. The two oldest magis- trates were always recommended to the gov- ernor by the court for sheriff, who, it seems, from the various appointments, held office for two years. There is nothing in the Constitution of that day in regard to his term of office, and we judge from the appointments made that the term was two years. The coroner, jailer, and surveyor stayed in during good behavior, unless they resigned, which several of our county's first officials in these offices did.
The court appointed the clerk, constables,
16
242
History of Lewis County, Kentucky
jailer, and county attorney, and the governor appointed the justices, sheriff, coroner, and surveyor. Generally one person held both of the last named offices, though not always. When we come to consider the expanse of terri- tory covered by Lewis County, and think that it was most a wilderness untouched by the ax in the period of which we write (1807 to 1810), and that neighbors might be only ten miles apart, we cease to wonder that the court would lay off a road from Salt Lick to Washington (Mason County) with the same self-satisfied information as a Vanceburg citizen would speak of an alley between Second and Third Streets. The sparseness of population can be judged somewhat by the number of polls listed for taxation each year, from 1807 to 1820:
1807. Tithes in Lewis County 506
1808 .
..
581
1809
489
1810
535
1811
545
1812
..
572
1814
.593
1815.
640
1816 66
655
1817
..
671
1818
702
1819
. .
789
1820
..
..
831
. .
569
1813
243
History of Lewis County, Kentucky
This included not only the white males over twenty-one, but also the colored people, over sixteen, on whom their owners had to pay taxes.
In resuming the narrative of succession in office, that chapter two carried up to the June Court of 1809, we will begin in November, at the taking of the third county levy, as there was no change of officers or other important events in the interim that calls our attention.
November Term of Court of 1809 .- The third county levy, as shown on the record of the County Court, is as follows:
382 white tithes, per $1.25 $573.00
102 black 153.00
Taxes, etc. 39.4212
Total. $765.4212
Claims allowed $214.5812
Balance. $550.84
April Term of Court of 1810 .- Joseph Robb was made county clerk, Joseph B. Reid having followed the example of his brother, Walker Reid, and resigned. Walker Reid afterward became the noted Judge Reid, of Kentucky.
Mr. Robb served Lewis County as clerk for forty-four years, and this fact is made part of an epitaph on his tombstone in the Clarksburg Cemetery.
244
History of Lewis County, Kentucky
The fourth county levy was made in the October Term, 1810:
535 tithes, at $1 $535.00
Taxes, etc. 8.68
Total . $543.68
County Claims $287.44
Balance. $256.24
The sheriff's salary was . $40.00
The county attorney's salary was 34.00
The Commonwealth attorney's salary was. 100.00
They were given an order on the sheriff to be paid when collected.
The following commissioners of revenue (as- sessors) were appointed for the coming year, February 11, 1811 :
Thos. Mitchell, in the bounds of J. G. McDowell's Company of Militia;
W. B. Parker ("Red Buck"), in Rowland T. Parker's Company.
Garret Smith, in John Radford's Company.
James McClain, in John Cummin's Company.
George Fearis, in Thos. McElvain's Company.
John Donovan, in George Means' Company.
Wm. P. Ball, in John Phillipp's Company.
This shows a peculiarity of the institutions of that day, which may need a little explanation. Every able-bodied man was a militia man, and
245
History of Lewis County, Kentucky
belonged to some company. Those living nearest together belonged to the same company, and the bounds of that company were limited like a voting precinct is now. The captain had the name of all his men, and the assessor could get to them easily, being himself a member of the same company which he assessed. Each man had to give in his property to the com- missioner or be called into court for contempt. Every able-bodied man had to pay a tithe muster, be fined, or furnish a substitute. The fines collected and reported in county settle- ments were mostly from this source.
There seems to have been seven companies in Lewis County in February, 1811, and the regiment was known as the 69th Kentucky Militia.
February Term of Court of 1811 .- The County Court ordered a "Stray Pen" built at Clarks- burg, and appointed, first, Garland S. Parker, and afterward James Winter, keeper. It was for the purpose of impounding strayed stock so that their owners might recover them.
August Term of Court of 1812 .- John R. Chitwood was made county attorney, and Joseph Robb was clerk of both County and Circuit Courts.
246
History of Lewis County, Kentucky
October Term .- Mr. Robb presents this ac- count of taxes to the County Court:
Taxes on 5 County Seals, per 50 cents . $2.50 Taxes on 38 Deeds, per 50 cents. 19.00
Total. $21.50
Commission, 5 per cent 1.0712
Due County $20.4212
CIRCUIT COURT:
Taxes on 33 writs, per 50 cents. $16.50
Taxes on 4 Chancery supb., per 50 cents. 2.00
Total . $18.50
Commission
.921/2
Due Commonwealth
$17.5712
The name of David Johnson, in a probate to his last will and testament, appears in the October court. Whether he is progenitor of the large family of that name is for them to de- termine.
Lewis County had not yet got started on her career of debts and bonds, for we notice the Fiscal Court, in October, 1812, only allowed claims to the amount of $395.6712, and levied $426.75 with which to pay all expenses.
William Cottingham's name figures in this court. He objected to a road being established
247
History of Lewis County, Kentucky
through his land, and a jury awarded him 2112 cents, which was immediately paid in open court by Arch. Frizzell, and the road to Catt's mill, on Quick's Run, was ordered to be opened.
November Term .- David Brown, as attorney, represented the Commonwealth against Esquire James McClain, in the November Court, 1812. It seems, from the record, that some new law in regard to magistrates returning fines in their hands was not understood by them, and the county attorney brought suit to teach them their duty in a way they were not likely to forget.
January Term of Court of 1813 .- Aaron Owens got his commission as sheriff, and Fred R. Singleton was appointed his deputy.
The Commonwealth attorney was ordered to bring suit against Benjamin Aills, contractor to build a court-house, but the commissioners came to his rescue and changed the contract somewhat, and accepted his work with a proviso that a stove be furnished instead of stone chimney. In a short time afterward, the stove failing to appear, the court ordered the chimney built, and the next session was held in the new house.
February Term .- Some more new names appear in the February session of the court, riz.
248
History of Lewis County, Kentucky
Christiana Lantz, George and Ferdinand Fry, John Hymes. They are mentioned as being on the road from Wilson's Bottom to "Big East Fork" of Cabin Creek. The descendants of these still hold the fort in that neighborhood.
March Term .- Jonathan Kenyon had a ferry privilege on the Ohio side, at Vanceburg, in 1812, and in March, 1813, John McDowell got the same privilege from the County Court in Lewis.
April Term .- Henry C. Bruce was commis- sioned April 8, 1813, as justice of the peace, and Richard S. Wheatly was appointed county attorney.
June Term .- On June 28 Israel Thomas was appointed administrator of the estate of George Halbert, deceased, and John Radford was com- missioned surveyor and coroner of Lewis County, June 3d.
August Term .- August 23d John Hamlin and James Swearingin had a suit in court, and Mr. Hamlin let his temper get away with his judg- ment, and used profane language in court, and was therefore fined one dollar, which he paid.
September Term .- Harry Parker emancipated William Moore, a slave, and had the paper recorded in the court.
November Term .- In November of this year the name of Jesse Hamrick appears as a citizen
249
History of Lewis County, Kentucky
of Lewis County, he being allowed a claim by the County Court of Claims.
February Term of Court of 1814 .- James Winters, a boot and shoe maker, had a boy apprenticed to him. The names of some more of our county citizens appear at this session- James Boyd, in a last will and testament; Robt. Juck, as a constable; Samuel Reiley and Robt. Rayborn, as road overseers; Joseph Lyons and Robert Rea, as hands on a road from Salt Lick to forks of Cabin Creek.
August Term. - A colored man, named "Harry," was tried for felony, he having stolen a gun and powder horn from Jno. W. Leach. At his first call into court his owner, Mary Lewis, of Mason County, did not appear in his defense, and the case was continued to next term, when he was tried before a jury and found guilty, and a verdict that he should have thirty lashes on the bare back was rendered. The court ordered that the sheriff execute the sentence imme- diately, and remanded the prisoner to jail until the sentence was executed.
September Term .- We find the names of James Dazier and David Vance connected with a road order from Concord up the left fork of Sycamore, and extending from John Stephen- son's mill to Joseph Taylor's blacksmith shop.
The county levy in this year was only fifty
250
History of Lewis County, Kentucky
cents on each poll, but it was thought sufficed to build a stone chimney to the log court-house at Clarksburg.
January Term of Court of 1815 .- The court refused to pay twelve dollars for damages to land by opening a road.
John Dyal about this time demanded his seat as justice of the peace, but the court refused. He took the case to the Circuit Court, and ob- tained an order that they show said court their reasons for such action. At the next meeting of the County Court the justices rendered their reasons: That the said John Dyal had been a regularly enlisted soldier in the United States Army, and that he had gotten a furlough from his commanding officer; that he had failed to return when his furlough expired, and had been in hiding until he had, by promising to pay certain moneys to the Court of Lewis County, been discharged from the army; that he had not paid said money, and therefore they re- fused to seat him. This statement went before the Circuit Court, but he obtained a mandamus against the County Court and was allowed his seat.
February Term .- February 27th G. N. Davis presented commission, dated January 27, 1815, from the governor, making him coroner of Lewis County, and John G. McDowell presenteď a
251
History of Lewis County, Kentucky
commission as sheriff, and Thomas Mitchel was appointed his deputy.
John G. McDowell owned the land at the whirlpool at Vanceburg, where the mill and the west end of the city now stand, and was en- deavoring to establish salt works there. He had commissioners to view a way from C. Greenup's salt wells back of Vanceburg through the lands of Moses Baird and Robt. H. Grayson to the river at the whirlpool, and also a jury to assess damages on a writ of ad. quad dannum. He got the way for salt water pipes.
March Term .- Frederick R. Singleton was commissioned as surveyor and Joseph Robb renewed his bond as clerk, a thing which he continued to do for forty years.
May Term. - Aaron Stratton and Thos. Mitchell had built a cabin at the mouth of what was then called Hazel Hollow, and they also got a right of way for salt water from C. Greenup's wells. There is an old salt well on Hazel yet. The property is owned by Mr. Thompson Kenyon.
The names of Baily Bryant, John Spence, and John Purcell appear about this time as citizens of Lewis County.
June Term .- Robt. Bagby and Thos. Shain, justices of the peace, were appointed judges of the election in Kinniconnick precinct; Winslow
252
History of Lewis County, Kentucky
Parker and John McDaniel, in Clarksburg; and Hugh Hannah and Arch. Boyd, in Cabin Creek precinct. This shows three election precincts in the county in 1815.
John G. McDowell, it appears, was continued sheriff, with J. W. Leach, deputy.
August Term. - Charles Fetters was ap- pointed overseer on the road from Taylor's horse- mill to the South Fork of Cabin Creek, and Wil- liam Kelly on the State Road toward Fleming County. Besides these, the following gentlemen were found living in Lewis County, according to the record in August, 1815: On the road up the river above Kinny to Rowland Thomas' farm, James Stephenson, Sr., James Stephenson, Jr., Thos. Mahan, William Burk, the Forman's, Jonas Hare, Josh. Baily, Wm. Bilderback, Wm. Harmon, Robt. Bagby. Jacob Scott, Ed. Scott, Wm. Dorch, David and Wm. Shain, Robt. Shain, J. W. Leach, and Thos. Shain. From Rowland Thomas' up to Greenup County, James Laugh- lin, James Applegate, Joseph Huston, John Hardy, Anthony Thompson, Thomas Veach, John S. Laird, David Hudson, Wm. Hudson, Levy Connelly, Michael Stockwell, Christian Staily, and Rowland Thomas, Jr., Abraham Dean, Israel Halbert, Jas. Moorehouse, and William Cottingham are neighbors on Salt Lick. September Term .- At this session of Lewis
253
History of Lewis County, Kentucky
County Court, held at Clarksburg, began a trial which resulted in the only case of capital punishment that has been legally performed in Lewis County.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.