USA > Kentucky > Petitions of the early inhabitants of Kentucky to the General Assembly of Virginia, 1769-1792 > Part 12
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Robt. Todd
Endorsement on back of petition: 30 Novr. 1789-Rejected.
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Petitions of the Early Inhabitants of Kentucky
NUMBER 73.
TO THE HONORABLE THE SPEAKER AND MEMBERS OF THE GENL. ASSEMBLY
The Memorial of the Convention for the District of Ken- tucky Sheweth, that by an Act of the last Session of the Assem- bly, the terms on which the sd District of Kentucky, may be erected into a seperate and independant State, are materially different from those heretofore offered by Virginia, and agreed to by a former Convention on the part of the sd District; and that the alteration in one of the terms is more particularly injurious to your Memorialists as it forever precludes them, tho declared an Independent and sovereign state from excessing [exercising] this right of sovereignty over part of the Lands contained within their own boundaries without the consent of the legislature of Virginia, a situation degrading to your Memori- alists, as they would thereby not lie on equal footing with the other States in the Union and injurious, as it would prevent them from making the advantage of the surplus Lands within their boundaries, which in Equity they are intitled to.
From which circumstances your Memorialists find that they cannot at present determine whether it is expedient for and the will of the people that the District shall be erected into a seperate & independent State.
Your Memorialists reflect with gratitude on the generous and disinterested conduct pursued by the Legislature with respect to the wishes of the People of this District for a sepera- tion and relying with the fullest confidence on the Justice and generosity of the present Assembly, they now request that the Act concerning the erection of this District into a seperate and independent State may be so amended that the terms offered by the Legislature of Virginia to the people of this District, respecting the Seperation of the District from Virginia, and its being erected into a seperate State may be made equal to those offered by former Acts of Assembly (except such part of the seventh Article of the Act of 1785 as relates to the concur-
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To the General Assembly of Virginia
rent Jurisdiction of the Ohio with the States that may possess the opposite shores of the sd River) and agreed to on the part of the District by a former Convention. And your Memorial- ists as in duty bound shall ever pray-
A copy.
Saml. McDowell Prest
Endorsement on back of petition: Novr. 1789 .- Refd. to Whole ou Co .- For Govr. Moreland of Kentucky.
The request was granted in an act entitled, An Act concerning the erection of the district of Kentucky into an independent state. Henings Statutes, Vol. 13, 17.
"Whereas it is represented to the present General Assembly the act of the last session intituled 'An Act concerning the erection of the district of Kentucky into an independent state' which contains terms materially different from those of the act of October session 1785, are found incompatible with the real views of the Commonwealth as well as injurious to the good people of the said district, Be it enacted," etc.
The act provides for a convention at Danville July 26th, selected as in pre- vious acts. The seven conditions are similar to those of the act of 1785. The authority of Virginia over Kentucky was to end at date posterior to November 1, 1791. The objectionable features were omitted.
NUMBER 74.
TO THE HONOURABLE THE GENERAL ASSEMBLY OF THE STATE OF VIRGINIA.
The Petition of the Inhabitants of Lincoln County residing on the reserved Lands for the officers and Soldiers of the State aforesaid on the Waters of Cumberland River and Parts adja- cent doth Respectfully shew .-
That your Petitioners find themselves sensibly aggrieved by their distance from Courts of Justice, it being near two hundred miles from this Settlement to Lincoln Court House, by which, when Business renders our attendance indispensably necessary, we are frequently exposed to much Danger in Travelling, through an uninhabited Country; being subjected to Fines, and other Inconveniances, when from High Waters, Enemies near our Frontiers; or other Causes it is Impossible to attend .-
We therefore most humbly Pray the General Assembly, to grant a County to be laid off including these settlements in the
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Petitious of the Early Inhabitants of Kentucky
reserved Land for the officers and soldiers, on the south of Green River, and to the Coloney Line, thence to the Ohio, and your Petitioners as in Duty bound will ever Pray &c .-
[Names.]
Endorsement on back of petition: 21st. Oct. 1790 .- Refd. to Props .- Reason- able-(repd.)
NUMBER 75.
TO THE HONORABLE THE GENERAL ASSEMBLY OF VIRGINIA.
The petition of Jane Todd and Robert Todd Executors of the Estate of John Todd deceased humbly sheweth --
That whereas an Act of Assembly passed in the year of our Lord 1786 appointing Trustees to sell a part of the Land of John Todd deceased for the payment of his Debts and for other purposes, vested power in four Trustees therein named to carry the same into execution reserving the Tract of Land in the County of Fayette where on the said John Todd resided at the time of his death, That the said Trustees found it difficult to act under the said Law as the decedent at the Time of his death resided on a lot in Lexington, that on the North West side of the Town he had a military claim of 130 acres and on the South East lands claimed by Settlement and preemption-
To remove which uncertainty, and to give the Trustees power to sell a part of the said military survey, one other act of Assembly was passed in the year 1787 reserving the Tract whereon his widow Jane Todd then resided, which was in the bounds of that part of the Land which was obtained by Virtue of the Decedents Settlement and adjoining to which there was 2400 acres procured by other Rights, which reservation strictly construc'd prevents the Sale of any of the said Tract and frustrates the good intent of the Legislature as we conceive the whole of the 130 acres ought not to be sold or if sold would prove insufficient to answer the purpose, and excepting this
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To the General Assembly of Virginia
and the Tract before mentioned there is no land that belonged to the decedant that would sell unless to great [advantage.]
Your petitioners therefore pray that the said Trustees may be authorized to sell and convey any Lands of the Estate of the said decedant, for the purposes mentioned in the said recited acts, and to carry the same into full execution, excepting and reserving the four Hundred Acres obtained by virtue of the said decedants actual settlement and none other, and provided that the part sold shall not exceed one fourth of what the sd decedant died possessed of.
And as one of the Trustees before appointed is dead and other removed from the County so that it will be difficult to procure his attendance we pray that two additional Trustees may be appointed vested with the same powers as those first appointed and that any three may be authorized to act and we in duty bound will ever pray &c-
Jane Todd Robt. Todd
Endorsement on back of petition: 21st. Oct 1790-Refd. to Courts of Justice -Reasonable-Bill drawn.
The request was granted in an act entitled, An Act to amend two acts of the assembly appointing trustees to sell part of the lands of John Todd, deceased, and other purposes. Henings Statutes, Vol. 13, 231.
The added trustees were Percival Butler and Robert Barr.
NUMBER 76.
TO THE HONBLE. THE GENERAL ASSEMBLY OF THE STATE OF VIRGINIA-
The Petition of Sundry Inhabitants of the Town of Lexing- ton (in the County of Fayette) and its vicinity; humbly sheweth That your Petitioners anxious for the welfare of the Town afsd and feeling sensibly a variety of inconveniences under which they labor, beg leave to request the interference of your Honble Body in their behalf.
They would pray that the Legislature would invest a certain number of Inhabitants of said Town and its vicinity, with the
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Petitions of the Early Inhabitants of Kentucky
following powers & authorities-the appointment of officers by your Honble Body or by Election of the Inhabitants of said Town as your Wisdom sees fitt.
Ist-To levy, collect, and appropriate such sums of money as the persons appointed for that purpose, may conceive necessary for the following uses-
2 .- To regulate and improve the Market, the streets & High- ways of the Said Town and its vicinity-
3 .- To establish and preserve the peace and good order of the Town afsd & its vicinity-
4 .- A power to remove & prevent Nusances-
In fine your Petitioners humbly pray that your Honble Body would invest the persons before referred to, with such powers & authorities as your wisdom may direct, for the more effectually promoting & preserving the hapiness of said Town &c.
Your Petitioners would beg leave to suggest to your Honble House, their wish, that the limits within which the said powers may be exercised shall be extended to one mile in each direction from the Court House in said Town .-
And your Petitioners as in duty bound shall ever pray &c [Names.]
Endorsement on baek of petition: Octo. 23d 1790 .- Refd. to Props.
The request was granted in an act entitled, An Aet concerning certain regu- lations in the town of Lexington and county of Fayette. Henings Statutes, Vol. 13,191.
Trustees were to be elected by all within one mile possessed of twenty-five pounds in property, except negroes and mulattoes. Trustees could erect market houses, appoint elerk of market, repair streets, and impose taxes not exceeding one hundred pounds.
NUMBER 77.
TO THE HONBLE THE SPEAKER AND GENTLEMEN OF THE HOUSE OF DELEGATES-
The Petitioners of Sundry Inhabitants of the County of Bourbone Humbly sheweth that your petitioner & resident on the waters of Stoner and Hinksons forks of Licking are desti-
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To the General Assembly of Virginia
tute of Every advantage resulting from water Grist mills except what must be erected on branches of said Stoner and Hinkson which does not afford water sufficient to grind longer than the middle of April your petitioners therefore are necessiated to go from eighteen to twenty five miles to mill and even then under the disadvantage of frequantly being disappointed which subject your petitioners to grate loss of time and your peti- tioners are very confident that if mills was suffered to be built on stoner and Hinksons forks of Licking with ither good locks or slopes sufficient for boats to pass by the dams with safety that the said Stoner and Hinkson would be above ten times the value to Bourbone than what it is at present with only them navogations alone we therefore pray that Stoners fork and Hinksons may have mills on every Convenient place for erecting them but for all mills that is built on said Stoner and Hinkson to have a good lock or slope fixed for boats to pass and we in duty bound will pray
[Names.]
Bourbon County
I do hereby certify that the within Petition has been advertised at the Door of the Court house agreeable to Law, Given under my hand this 27th day of Aug. 1790
John Edwards Cik.
Endorsement on back of petition: Octo. 22d. 1790 -Reid to props-(in opposition)-(repd.)-Rejected H.L.
NUMBER 78.
TO THE HONOURABLE THE SPEAKER AND GENTLEMEN OF THE HOUSE OF DELEGATES
the Petition of Sundry Inhabitants of the County of Bour- bon Humbly sheweth That in the year one thousand Seven Hundred and eighty eight there was an inspection of Tobacco established at the Junction of Hinksen & Stoner fork of Licking and that Stoners fork has been found by trial made as navigable
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Petitions of the Early Inhabitants of Kentucky
a very considerable Distance above the Junction and for as large Boats, as it is below; and as long in the year and that it makes its way throug the center of the County, through a fertile soil thickly Inhabited, abounding with a variety of Fish, and that it is the only stream by which the greater part of the County can be relieved from a Difficult Land carriage of many miles, in exporting of their produce, and that an attempt is made for obstructing the same by the Court of sd County granting an order for a mill without any restricktions whatever, when granting two others the one prior & the other posterior to the former, obliging the owners to keep a passage for boats forty feet by twelve; the validity of which will evidently appear by the certificates attending this Petition from the Clerk of the County; Now being convinced that the obstructing the navi- gation of sd River would be highly injurious, and contrary to the Interest of the County; and also that your Honourable House are fully possessed of the advantages from a water carriage. We therefore pray that your Honorable House will take the same into consideration and remove all obstructions that shall be made across Sd River; and establish the naviga- tion of Licking Beginning at its Junction with the Ohio thence up to the mainfork, thence up the South fork, to the Junction of Hinkston & Stoner thence up Stoners fork to Bramblets Lick in such manner as in your wisdom you may think best and we your Petitioners shall ever pray
1
[Names.]
Endorsement on back of petition. Octo. 22d. 1790 .- Refd to props.
NUMBER 79.
TO THE HONOURABLE THE SPEAKER AND GENTLEMEN OF THE HOUSE OF DELE- GATES .-
The Petition of Sundry Inhabitants of the County of Bour- bon Humbly sheweth &c-That in the year 1788 There was an Inspection of Tobacco established at the Confluance of Stoner
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To the General Assembly of Virginia
and Hinkstons fork of Licking; And that the south fork, which is called Stoners fork, is found by Experiance navigable a very considerable Distance above the Junction; even up to Bramlets Lick; for large Boats, and that it is the only Stream by which the greater part of the Inhabitants may be relieved from a Land Carriage of Many Miles in the Exportation of their produce, We therefore pray that the Navigation of said River may not be obstructed by Mill Dams or Fish Dams or the like &c and we your Petitioners shall ever pray March 28th, 1790.
[Names.]
NUMBER 80.
TO THE HONBLE THE GENERAL ASSEMBLY OF VIRGINIA.
We the Trustees of the Town of Hopewell in the County of Bourbon Humbly sheweth that doubts have arisen with the purchers. of the Lots in said Town, whether Lawrance Protzmon may be found the real proprietor at a future day of the Lands laid of for said Town, your petitioners together with said purchasers having been notified of claims to the said Lands obtained from the Court of said County under an Act of Assem- bly authorizing and vesting said Court with powers of Commrs to hear and determine all disputes between claimants for Land, by right of settlement and for lands by right of Preemption on Improvement &c for granting certificates to all those who had been detained in the Service of this Commonwealth and also that a part of the Lots or lands laid of for said Town is yet unsold. Therefore your petitioners conceive they have not a power vested in them to sell or make conveyance of said lots or any part thereof, and that the Good people of said Town may be secured from future claimants And that every encour- agement may be given to the population of said Town, which will be of Public utility, by reason of its situation on navigable water and the only stream by which the Inhabitants of said County could Export their produce. We your petitioners
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Petitions of the Early Inhabitants of Kentucky
therefore pray your honble house will take the same in considera- tion and condemn said Land, vesting the same in trustees so as to give Security to the holders and purchasers of said Lots, as also the Laying of and making conveyance of such Lots as yet remains unsold and that you will devise such ways and means for the good of said holders as in your wisdom you may think best reserving to the real Proprietor the Value of said Lands as unimproved and your Petitioners further prays that said Town may no Longer retain the name of Hopewell, but may be called and known by the Name of Paris and your Petitioners shall ever pray &c.
[Names.]
Resolved that the petition of the Trustees of the town of Hopewell in the county of Bourbon, setting forth, that many doubts have lately arisen who is the real proprietor of the Lands on which the said town is established, in consequence whereof the present holders of the same are much disquieted, & the trustees cannot proceed in the sale thereof, And praying that they may be authorized to sell the said Lands-reserving the money arising from such sale, for the person who shall hereafter appear to be the real proprietor, and that the name of the said town may be altered, is reasonable .--
Endorsement on baek of petition: 25th. Oct. 1790 .- Refd. to Courts of Jus- tiee .- Reasonable -- Bill.
The request was granted in an act entitled, An Act to amend the act establish- ing the town of Hopewell in the county of Bourbon and for altering the name of the said town. Henings Statutes, Vol. 13, 176.
The name was changed from Hopewell to Paris.
NUMBER 81.
TO THE HONORABLE THE SPEAKER AND GENTLEMEN OF THE HOUSE OF DELEGATES.
The Memorial of Laban Shipp of the County of Bourbon, District of Kentucky, Humbly sheweth,
That your Memorialists Resident on Stoners Fork of Lick- ing being impressed with the Great inconvenience of himself,
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To the General Assembly of Virginia
and others for the want of water Grist mills was induced to apply to the county court of Bourbon for an order to Build a water Grist mill on the said fork; which was granted your memo- rialist without any other restrictions than to pay the Damage any person might sustain from the building of said mill; your memorialist immediately proceeded to and at the Expence of his little fortune which is nearly exhausted has got the mill nearly compleated: Your memorialist notwithstanding he has nearly spent his fortune in erecting this usefull Building felt himself happy in a prospect of being Usefull to his country and family; having proceeded under the sanction of the laws of his country thought himself safe and his property secure. It is with con- cern that your Memorialist finds a number of Persons have pre- pared a Petition to your Honorable House praying that the navigation of Stoners fork of Licking may not be obstructed but the subject of the navigation of this little stream has called the attention of most of the Inhabitants of this County; and many of them fully convinced of the Impropriety of attempting such a navigation have petition'd your Honorable House to permit the crection of Water Grist Mills on the said fork; However this subject may be agitated by the differant parties no other Inconvenience can arise to either of them than the mortification of being outdone by the other; but the case is materially differant with your Memorialist; his fortune has been laid out on this usefull building and if your Honorable House should oblige him to remove her for the precarias & Dangerous navigation; certain ruin must possess him and his family that the navigation is precarias apears from hence, near two years has elapsed since the Navigation was first attempted and but one boat has had a safe passage several Boats has been obliged to unlode and waggon their loads to other landings more safe & certain; that it is dangerous, is equally clear; several vessels have been overset & their loads lost, some men have been drowned and many more have been exposed to the Greatest
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Petitions of the Early Inhabitants of Kentucky
hardship; from these facts your Memorialist trust your Honor- able House will make no law to affect his property in the premises & Yr. Memorialist as in Duty Bound shall ever &c- Laban Shipp --
Endorsement on back of petition. Octo. 27th. 1790 .- Refd. to props-Reas- onable-(repd.)
NUMBER 82.
TO THE SPEAKER & GENT OF THE HOUSE OF DELEGATES
The Petition of Sundry Inhabitants of the County of Bour- bon Humbly sheweth, that your Petitioners resident on the waters of Stoner and Hinksons forks of Licking are destitute of every advantage accruing from Water Grist Mills except what must be erected on said streams, every other stream failing to furnish a sufficiency of water to grind longer than to the middle of Aprl. Your Petitioners therefore are necessitated to go from eighteen to thirty miles to mill and even then under the disadvantage of frequent disappointment, which subjects us to great loss inconvenience, and labour. Your Petitioners are very confident if mills were suffered to be built without restricting the builders thereof to erect Locks &c for the passage of Boats numbers wou'd be encouraged to build mills sufficient to grind all the Grain of the Citizens of the County. But some of our fellow citizens puffed up with the most romantick expectations of the utility accruing from the free and open navigation of Stoner and Hinkson have prepar'd a Petition to your Hon House praying that the navigation of Stoner may be kept open and that no mills may be erected thereon; Your Petitioners beg leave to lay before you the following statement of facts, the distance of Strodes fork a branch of Stoners fork (the head of the propos'd navigation) to the junction of Hink- sons and Stoners forks is not more than ten miles of Land and on the meanders of the Creek not less than thirty five or forty miles This stream being confind within narrow banks rises and
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To the General Assembly of Virginia
falls so quick in the Winter Season (for in no other season is it navigable) that the water is generally exhausted before it can reach the confluence of the said Streams and what boats have attempted to navigate the fork of Stoner have been either wrecked injur'd or obliged to unlode for want of a water to continue Their passage These are facts so well authenticated that they cannot be contested. By an Act of Your Hon. House passed in October Session An Inspection of Tobo. was established at Ruddles at the junction of Hinkson and Stoners forks, from thence your Petitioners believe after a considerable expence to open the navigation that boats of small burden may navigate to the mouth of Licking perhaps as many as five or six times a year provided they manage with care and attention. Your Petitioners conceive that the erection of Water Grist Mills on said Streams will be of far greater benefit than the casual uncertainties of navigation can possibly be. We there- fore pray that a Law may pass at the ensuing Session appropri- ating the afore mentioned Streams for the Building of Grist Mills &c to any person who may build according to Law. And that the navigation be open'd from the confluence of the forks to Main Licking by such ways and means as the Hon. the Legis- lature may [think] expedient and your Petitioners in Duty Bound will ever Pray &c
[Names.]
Endorsement on back of petition. Octo. 27th 1790. Refd. to props.
NUMBER 83.
TO THE HONORABLE THE SPEAKER & MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF VIRGINIA.
The Petition of Sundry Claimants to portions of Land, contained in the Illinois Grant & others-Inhabitants of the District of Kentucky, humbly complaining sheweth.
That the Time limited for the Claimants to exhibit their Claims before the Cominissioners appointed to settle and determine the claims of Persons entitled to portions of Land in the Illinois Grant was so short, that a number of Claimants &
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Petitions of the Early Inhabitants of Kentucky
Infants Heirs at Law to deceased Claimants from their distant and dispersed situations in different parts of the United States have been prevented from having their several Claims, settled and determined according to the Act of October Session 1786 Your Petitioners further shew unto your Honorable Body that the Commissioners appointed under the aforesaid Law conceive that they have no power to grant Deeds for Claims that have already been settled & determined after the first day of Septem- ber 1789 by which means a number of Claims already settled which have been assigned to innocent purchasers, & which are held by Infant Heirs at Law of deceased Claimants, who are dispersed in different parts of the United States & from a want of knowledge of the aforesaid Law are intirely prevented from receiving the benefit of their respective Claims or completing their Titles thereto, which your petitioners conceive is contrary to every principle of Equity and Justice. Your Petitioners therefore pray that you will pass an Act at the ensuing Session directing them to grant Deeds for all Claims that have heretofore been settled and determined when application shall be made therefor by the respective Claimants Assignees of Claimants or Infant Heirs at Law to deceased Claimants. And your Petitioners shall ever pray &c.
[Names.]
Endorsement on baek of petition: 28th Oct. 1790 .- Refd. to C. of Justice .- Reasonable.
The request was granted in an aet entitled, An Aet giving further time to the Commissioners for surveying and apportioning the lands granted to the Illinois regiment, to execute deeds for the same. Henings Statutes, Vol. 13, 178.
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