USA > Kentucky > Petitions of the early inhabitants of Kentucky to the General Assembly of Virginia, 1769-1792 > Part 10
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[Names,]
Endorsement on back of petition: 1st. November-1787-Referred to Props. -Rejected-(reasonable in House) (bill drawn)
[ 111 ]
Petitions of the Early Inhabitants of Kentucky
NUMBER 50.
TO THE HONORABLE THE GENERAL ASSEMBLY OF VIRGINIA
The Petition of the Trustees of the Transylvania Seminary humbly sheweth.
That the one sixth part of all legal Fees received by Sur- veyors, are by the Law appropriated to the University of William & Mary, a Seminary which We greatly respect but from which the Inhabitants of Kentucky are too remote to derive any immediate Advantage; And as the Legislature have repeatedly manifested their benevolent Disposition of providing the Means of Education within this district, We are induced to pray that you would be pleased to direct that the One Sixth part of the said Fees hereafter arising within the said District may be paid by the several principal surveyors therein to the Trustees of the Transylvania Seminary for the Use and Support thereof
We also beg leave to represent that many Entries and Surveys of Land have been made in the district which may become justly liable to be eschcated thro' the default of Heirs or otherwise; But as it is supposed that such Lands cannot be regularly cscheated before Grants have been obtained, for which no Person is authorized to apply, such Lands will lapse or become forfeited in such a way as that other private adventurers may reenter and obtain Grants for the same to the great Injury of the Transylvania Seminary, the Trustees of which are empowered to appropriate to its use twelve thousand Acres of escheatable Lands. We therefore pray that an act may pass declaring, That Claims to unpatented Lands may be escheated in the same manner and for the same Reasons as are prescribed by Law in the Case of Lands for which the Titles have been compleated, and that it may be particularly directed, how & by whom such escheatable Lands may be surveyed, or the surveys returned to the Register's office so that a proper Grant may issue.
[ 112 ]
1
To the General Assembly of Virginia
And your Petitioners shall ever pray &c
Signed by order & in Presence of the Board-
Test: Harry Innes Ck.
Ebenezer Brooks, Clk.
Endorsement on back of petition: 22d. November 1787 .- Referred to Propo- sitions-Survey's fees rejected -- eschcatable survey's rejd .- (repd.)
NUMBER 51.
TO THE HONORABLE THE SPEAKER AND MEMBERS OF THE HOUSE OF DELEGATES,
the petition of Sundry inhabitants of the County of Fayette and District of Kentucky humbly sheweth,
That from their local situation, they find it very incon- venient, and attended with considerable expence, to send their Tobacco to any of the warehouses for the reception of Tobacco, now by Law established, and that there is a place on the Lands of William Steele near the mouth of the Stone Lick Creek, where a warehouse might be established, which would be very advan- tagious to them and to many of their neighbours, and where there is one of the most convenient landing places on the river Kentucky .-
Your petitioners therefore humbly pray that an act may pass by the Assembly, establishing a warehouse for the recep- tion of Tobacco, on the lands of William Steele near where the Stone Lick Creek emptys into the Kentucky: And your peti- tioners as in Duty bound shall pray --
[Names.]
Fayette County Virginia to wit
I do certify that it was advertised at two different Court days at the Door of the Courthouse in the County aforesaid that a petition would be presented to the next General Assembly agreeable to the purport of the within Witness my hand this 10th Sept. 1788-
Levi Todd Cl
Endorsement on back of petition: 23 October-Referred to propositions- (reasonable) (repd.)
{ 113 ]
Petitions of the Early Inhabitants of Kentucky
NUMBER 52.
TO THE HONOURABLE THE GENERAL ASSEMBLY OF VIRGINIA
The petition of the subscribers Inhabitants of Fayette County humbly sheweth that we conceive a Division of our County would be highly condusive to the convenience, safety & public Interest of a great Number of its Inhabitants.
Many of our Magistrates as well as litigants live so remote from Lexington where our Courts are held that they cannot attend without Incuring a greater expense than they can sus- tain & from the great Number of Inhabitants in the County our Docket which is already crouded must shortly be so far in arrears as greatly to Delay the due administration of Justice.
Our Militia have been formed into three Batalions and before the Division we wish for can take place there will probably be more than four which in our scattered situation prevents us from exerting our strength against the savages with the same unanimity & vigour as if the extent of the County was less and our Commanding officers more contiguous to each other
We beg leave also to present that our County contains three times the Number of Inhabitants as any other County within the District and unless it is Divided it will destroy every idea of equality in representation.
For these Reasons we humbly pray that the County of · Fayette may be Divided by a line to begin on the Kentuckey River at Todds Ferry to run a direct course to the south Fork of Elkhorn opposite Abraham Bowmans house thence down the Creek to the old Road from Lexington to the surveyers office thence a Direct line to the five mile tree on the Leestown Road thence a straight line to Run one mile below Wm. Russells to the line of Bourbon.
N B since our advertisement we are inform'd the Division line propos'd is disagreeable to some of the Inhabitants of our County unless the following alteration is made (viz) From Todds
[ 114 ]
To the General Assembly of Virginia
Ferry to run a straight line to the six mile marked tree on the Leestown Road thence a direct course to cross North Elkhorn three miles below Wm. Russells to the line of Bourbon which alteration we have no objection to if the Honourable Assembly think proper to redress our grievances
And your petitioners shall ever pray -- [Names.]
We the Subscribers do certify that the proposd alteration in regard to the Division of Fayette viz. From Todds Ferry to run a straight line to the six mile markt Tree on the Lees Town Road thence a Direct course to cross North Elkhorn three miles below William Russells to the Bourbon Line, that we think the Division reasonable and necessary and that we wish our Delegates to use their endeavours to carry the same into Execution.
Septr 17th 1788-
Robt Todd
Robt. Johnson
Wm. McConnell
Richd Young
Andrew Gatewood
Lewis Craig
WVm. Henry
Benjn Craig
Jn. Clark Richd W Shippy
Laban Shippy
Colby Shippy
This is to certify that I was aganst the first proposed division of Fayatte & had signd a petetion against the proposed plan but I am now willing that the county may be devd agreeable to the above direction, which I think reasonable & wish the above Devision to be granted as witness my Hand this 18th of Sepr 1788-
Edwd. Payne.
[ 115 ]
Petitions of the Early Inhabitants of Kentucky
Fayette Sct.
Coleby Ship of this County made path before me one of the Justices of said County that he saw publickly advertized at the Court house of the aforesaid County at August Court the Division of Fayatte as set forth in the petition for that purpose and that he personally applyd to Levi Todd Clerk of sd county Court for a certificate of the same and that he refused to give one, application was made this day
Sworn to before me this 22d day of Sepr 1788
Richd Young
Endorsement on baek of petition. 24 October, 1788 .- Referred to props- (rejected) (reasonable)
Request was granted in an act entitled, An Act for dividing the county of Fayette into two distinet counties. Henings Statutes, Vol. 12, 663.
Woodford County.
NUMBER 53.
TO THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF VIRGINIA-
The petition of Sundry Inhabitants of the County of Fayette, humbly sheweth-
That your petitioners deeply interested in the welfare of their County, cannot but express their disapprobation of the artifices made use of by Individuals, to bring about a division of their County, and would suggest the impropriety of entering upon this business circumstanced as our District is with respect to the State of Virginia-
They conceive the proposed division highly improper at this period, as the infancy of their County, renders it entirely unecessary and as their numbers are too inconsiderable to enable them, to accumulate expense, without adding either to their convenience or general welfare ---
They would therefore hope, that your Honble. House would not assent to the division of their County at this period-And as they conceive it unecessary to detail the reasons in opposition
[ 116 ]
To the General Assembly of Virginia
to the division beg leave to refer your Honb. House to the Delegates from their County-
[Names.]
Endorsement on back of petition. 24th October 1788-Referred to Proposi- tions-reasonable-rejected.
NUMBER 54.
TO THE HONOURABLE THE SPEAKER AND GENTLEMEN OF THE HOUSE OF DELE- GATES.
The petition of Sundry inhabitants of the County of Bourbon; humbly sheweth. That your Petitioners heard with great con- cern the rejectment of their petition to your last session for a Division of their County. Your petitioners are induced again from the hardships and disadvantages they labour under to approach your honourable house; and to lay before you the grievances they labour under; by being connected with the County of Bourbon. (viz) your petitioners live in the Lime- stone settlements near the Ohio River and are detached from every other Inhabitant of said County-at least thirty miles, except a small settlement at the Blue Licks, they have forty miles to Court, thirty of which is thro, a verry dangerous Wilderness exposed in every part to the attacks of the savages and there are four large Creeks to Cross; which in all rainey Seasons are not fordable.
These things it is hoped will be sufficient inducements to your honourable house to Grant to your petitioners a division of their County; especially also; When your honourable house is informed that the settlements near Limestone are lately greatly increased by a number of respectable Inhabitants; so that there are now Two hundred and six Families & three hundred and fifty Tithables; and as Limestone is the inlet for Emigration by Water to this Western Country; there is a prospect of the settlements being rapidly increased and largely extended which will be greatly promoted by your honourable
[ 117 ]
Petitions of the Early Inhabitants of Kentucky
house granting to your petitioners the priviledges and authority of a County. We your petitioners therefore pray that a divi- sion of sd County of Bourbon may be made in the following manner-Beginning at the Junction of Licking with the Ohio runing up the main branch of Licking to the head, then a direct course to strike the nearest part of Russell County line, thence along said line to Bigg Sandy, and down the same to the Ohio River, thence down the Ohio River to the Beginning-all which part of said County lying on the North side of the main branch of Licking-to be a New and distinct County-
In full confidence that your honourable House will do us every act of Justice; We as in duty bound shall ever pray &c. [Names.]
Bourbon County
I do hereby certify that I have the above petition for the Division of Bourbon was advertised according to Law Test John Edwards Clerk of Bourbon.
This will notify the publick that a petition will be presented to the next general assembly for the purpose of forming a New County out of the Counties of Bourbon, Fayette and Madison, Viz, Begining at the mouth of Silver Creek, thence up the same to the mouth of Taylors Fork thereof, thence a direct line, to a saltpeter Cave, near Capt. David Gasses thence a strait line to the Blue Licks. thence a South East Course to Russell County line, thence with said line so far as North West Course, will strike Bramlets lick, on Stoners forks of licking Creek, thence a strait line to the head of the main Branch of Boons Creek thence down the same to the Kentuckey River thence down the River to the Beginning :-
August the 25th 1787 I do hereby Certify that this adver- tisement have been set up according to Law at Bourbon [Court] House.
John Edward Clerk Bourbon Co.
[ 118 ]
To ilic General Assembly of Virginia
August the 28th 1787 I do certify that the within has been advertised as the Law directs.
Will Irvine Clk, M C
Endorsement on back of petition: 25 Octo. 17SS .- Refd. to Props .- For a Division-repd.
The request was granted in an act entitled, An Act for dividing Bourbon. Henings Statutes. Vol. 12, 658. Mason County.
The last two paragraphs were filed with this petition but belong to No. 47.
NUMBER 55.
TO THE HONOURABLE THE SPEAKER AND GENTLEMEN OF THE HOUSE OF DELEGATES
The petition of Sundry Inhabitants of Bourbon County South of Main Licking Humbly sheweth-That your petitioners being notified by an advertisement at the Court House Door that a petition would be presented to your Honourable House praying for a Division of Bourbon County by Main Licking beg leave to observe that a petition of this Kind was rejected at your Last Session as your petitioners are informed for the want of a sufficient number in that part of the County praying a Division your petitioners can affirm with confidence that the number of Titles North of Main Licking does not by the Last return amount to more than One Hundred and Seventy a number altogether inadequate to the Expence of a County and your petitioners cannot but express their astonishment when they find a clause in their petition praying that the monies paid by them for erecting the Public Buildings in the County should be repaid by your Petitioners this part of their petitions is as unreasonable as the other part is designing the whole calcu- lated to gratify the ambition & averice of a few Individuals; Your Petitioners therefore pray that no such Devision may be granted. but should a Division be thought reasonable that your petitioners may not be obliged to refund any money paid toward erecting the public buildings & Your petitioners shall ever pray &c.
[Names.]
Endorsement on back of petition: 25th Octo. 1788-Referred to props .- rejected.
[ 119 ]
Petitions of the Early Inhabitants of Kentucky
NUMBER 56.
TO THE HONORABLE THE GENERAL ASSEMBLY OF VIRGINIA-
The Petition of Sundry Inhabitants of the county of Bour- bon Humbly sheweth that Every other county in the District of Kentucky have been indulged with the advantages of Pub- lick warchouses for the reception of Tobacco and that your Petitioners living near the Courthouse & on Licking Creek in the most populous part of said County-too far remote from either of the other-Inspections to remove their Tobacco by Land without much labour and Expence. and your petition- ers fully sensible of the disposition of your Honorable House to do Justice & upon all occations to afford relief to such of the community as you conceive is intitled to your patronage we your petitioners therefore pray that an inspection for the re- ception of Tobacco may be established on the South fork of Licking Creek at the Confluence of Stoner and Hinksons forks of said Creek and in the fork near Isaac Ruddles Mill which your petitioners conceive will be of great publick utility and of singular advantage to them provided the article of Tobacco should continue to be of value and your petitioners as in duty bound will ever pray
[Names.]
July 1788 I do hereby certify that the within Petition has been legally advertised at the Door of the Courthouse the several days required by Law given under my hand .-
John Edwards Clerk Bourbon County
Endorsement on back of petition: 25th Octo. 17SS. Referred to propositions -reasonable-on Isaac Ruddles land-(repd.)
The request was granted in an act entitled, An Act for establishing an inspec- tion of tobacco on the lands of Isaac Ruddle, in the county of Bourbon. Henings Statutes, Vol. 12, 677.
According to this act it was not lawful to build houses within fifty yards, in which fire was to be used.
·- [ 120 ]
To the General Assembly of Virginia
NUMBER 57.
TO THE HONOURABLE THE GENERAL ASSEMBLY
A petition for Establishment of the Town of Bourbon Court- house [One of several papers circulated.] [Names.]
I do hereby certify that a petition for the Establishment of a Town at Bourbon Courthouse was advertised at said court- house according to Law
Test John Edwards Clerk Bourbon County Court
September 2d 1789 John Edwards
NUMBER 58.
To THE HONOURABLE THE GENERAL ASSEMBLY OF VIRGINIA .-
The petition of sundry inhabitants of the District of Ken- tucky Humbly sheweth .- That whereas in consequence of an act of the legislature in their session of Octr 1788 intitled an act concerning the erection of the District of Kentucky into an independant State: a convention met at Danville under the strongest conviction as your petitioners conceive that it was not the will of the good people of said District that the same should be erected into an independant state: and we are pur- suaded that to have voted the same in the affirmitive would have been too glareing a violation of the trust reposed in them when brought into contrast with their avowed sentiments previous to their election; Notwithstanding which they have petitioned your Honourable body to make certain amendments to the terms proposed in the late act of separation. Your petitioners therefore beg leave to suggest that although the objects complained of, might greatly injure a fiew of the sons of liberty yet their amendments can be of no importance to an independant sovereignty. Your petitioners further beg leave to express their apprehentions (which is) that the smallest alteration may be thought sufficient to santify the prosecution of a separation after cloaking their designs with a ficticious
[ 121 ]
Petitions of the Early Inhabitants of Kentucky
zeal for the public good, should the present convention be continued, to consider the same: Your petitioners beg leave further to observe that as no special powers were given the convention to sue for terms; but only to determine on the ex- pediency of said separation on the terms in said act contained therefore the evasion of said determination has tacitly confirmed that truth, which your petitioners and the good people in General both wished, and expected to have been declared, in positive terms .- Your petitioners therefore conceiving that an augmentation of states under the general Government, by the erection of a new Government here, which will be clothed with no national power and which will only serve as one of Pharos lean kine to devour our liberty, whilst it can be of no security to our property, Therefore your petitioners in full faith, hope and confidence request that the general Government will secure everything which the most sanguine can desire: and that a separation may injoure us until time shall be no more do pray that the tacit acknowledgement of said convention be con- firmed and the will of the people be established by a repeal of the separation Act: and your petitioners as in duty bound shall ever pray &c .-
[Names.]
No endorsement appears on the back, but the request is based on an act entitled, An Act coneerning the erection of the district of Kentucky into an in- dependent state. Henings Statutes, Vol. 12. 7SS.
The Convention provided for previously had been hindered from meeting and another had been provided for in August of 1787, aeeording to an act entitled, An Aet making further provision for the ereetion of the distriet into an inde- pendent State. Henings Statutes, Vol. 12, 240.
NUMBER 59.
TO THE HONOURABLE THE GENERAL ASSEMBLY OF VIRGINIA,
The Memorial of the Subscribers respectfully represents,
That notwithstanding the attention of the two last Assem- blies to the support of the Supreme Court for the District of Kentucky, their favourable designs are like to be frustrated.
[ 122 ]
To the General Assembly of Virginia
By the late Laws appointing Commissioners to settle and adjust certain Claims in that District, the Certificates granted by them are made receivable in discharge of any of the Taxes which should afterwards become due therein: and this privilege is supposed by many still to extend to all or to most of the Taxes which since have been appropriated to the payment of the Salaries of the officers of the said Court. This will probably give rise to tedious litigations between the Collector of these Taxes and those from whom they are due; and in the meantime the officers of the Court will be obliged to sell their Certificates at a large discount, or at still greater loss and delay apply to the Treasury at Richmond for payment. Therefore we hope, that on this representation, the intention of the Legislature in the Case will be more explicitly declared; and that all the Taxes for which the several Clerks in the District are accountable may be either made payable in Specie only, or that some other fund may be established for defraying the Expences of the said Court.
And your Memorialists shall ever pray &c.
George Muter. Saml. McDowell Caleb Wallace Harry Innes
Endorsement on back of petition: Petition referred to Courts of Justice -- 22d. October 1789-Reasonable-Law of 1786 to be amended-Reported.
The request was granted in an act entitled, An Act to amend the Acts for appointing Commissioners to liquidate and settle the expenses incurred in two expeditions, carried on from Kentucky district against the neighboring Indians and for other purposes. "Be it enacted," etc. Henings Statutes, Vol. 13, 2. "That from and after the passing of this act the tax on law process and aliena- tions and also the tax on tobacco receivable within the district of Kentucky, shall be paid and accounted for in specie only, any law to the contrary notwith- standing."
This was to take the place of certificates issued by the Commissioners.
[ 123 ]
Petitions of the Early Inhabitants of Kentucky
NUMBER 60.
TO THE HONORABLE THE GENERAL ASSEMBLY OF VIRGINIA.
The Petition of a number of Inhabitants of the District of Kentucky, humbly sheweth;
That whereas a very great expence and inconvenience at- tends the sitting of the Supreme Court only at one place in this District, the greater part of which expences and incon- veniences may be obviated by appointing additional places for holding the said Court: We therefore pray your Honorable body to take the same into your serious consideration, and should you in your wisdom think our prayer reasonable, that you appoint the two following places in addition to the former (to wit,) the one at Lexington, in the County of Fayette, and the other at Baird's Town, in the County of Nelson; and we as in duty bound shall ever pray &c.
[Names.]
[There are about fifteen or twenty printed sheets with the above paragraph on them, and each one of them has a number of names on it-over eight hundred in all.]
Endorsement on back of petition: Referred to Props.
Danville Augt
Sirs
Agreeable to your request I herewith give you a Statemt. of the business in the Supreme Court as it will stand at the ensu- ing September Term .- together with some past statemts con- cerning Wits attendance
State of the Docket to Septr
Caveats now on the Court Dock (of which 82 have been Amt upwards of 4 yrs depending) 96
N B near one half of these depend on the priority of Location. Specialty of Entry or written agreements which will require few or no Witnesses .--
[ 124 ]
To the General Assembly of Virginia
Chancery causes for hearing 23
Chancery References & apprs. on the Rule Dockett 132 Common Law Issues_ 146 New Issues & References &c on Rules 140
NB. of the above 286-there's about 139 for Debt which do not require Witnesses 90 in Case of which II are for Slander -- 21 for Batteries & the residue are for breach of Covt Detinues, Trespaser & Ejectmts-
Pleas of the Commonwealth 13
An Acct. of Witnesses attendance for 1789-
March Term 18 days No of Wits 90 1300 50 June Term 24 days. 109 400 50
NB More Witnesses Attende entered these Courts [than] were entered in any two courts before
State of the office
There is lodged in the present office of the Supreme Court, Books containing the copies of all the Entries for Settlements & preemptions granted by the commissioners of the Kentucky District and that promiscously as they were entered without regard to County
There is lodged in the same office 5637 entries from the . county surveyors pursuant to a late law-Also I am well in- formed that the surveyor of Jefferson has copied all the old Kentucky entries to be lodged as the said Act directs
Four large blank Books lately procured by the clerk for the use of the sd Court & not immediately wanted
NUMBER 61.
TO THE HONORABLE THE GENERAL ASSEMBLY OF VIRGINIA.
The Petition of the Subscriber humbly sheweth, That in the year 1787 Your petitioner removed from the State of
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Petitions of the Early Inhabitants of Kentucky
Maryland into the District of Kentucky and brought with him a few Negro Slaves; but doth most solemnly aver that he never was informed, or heard that it behooved him to take any oath concerning the importation of his Negroes into the State of Virginia until sometime in May in the present year 1789, when he was informed that by neglecting to take the Oath prescribed by law his Negroes were entitled to freedom, and himself liable to heavy penalties; and that then it was too late even to avail himself of the indulgences granted by an Act of the last Session of Assembly to persons in his situation: He was also informed that the Plea of Ignorance would be of no Avail in a Court of Justice: and that his only prospect of relief was from the Legislature. For those who have neither education nor leisure to enable them to be acquainted with the Laws of their Country, their only prospect for impunity is an honest inoffen- sive deportment; and in the prospect of absolute ruin, it is some Consolations that their misfortune does not arise from any wilful fault or neglect. But your petitioner conceives his case to be peculiarly hard, as the ruin with which he is threatened will be produced by Laws which it cannot be supposed he was acquainted with before he became a Citizen; and during the short period he has been in the State, it has required his most vigorous exertions to procure Shelter and Sustenance for a numerous Family, and in the meantime he has been necessarily secluded from the opportunities of information. Therefore your petitioner hopes and prays that the peculiarity of his situation may be taken into Consideration, and such relief granted as will secure to him the possession of the hard earnings of many Years industry, and deliver his beloved Wife and Children from that povorty which otherwise will be unavoidable.
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