Petitions of the early inhabitants of Kentucky to the General Assembly of Virginia, 1769-1792, Part 13

Author: Robertson, James Rood, 1864-1932, ed., 1864-1932; Virginia. General Assembly
Publication date: 1914
Publisher: Louisville, Ky., John P. Morton & company (incorporated) printers to the Filson club
Number of Pages: 542


USA > Kentucky > Petitions of the early inhabitants of Kentucky to the General Assembly of Virginia, 1769-1792 > Part 13


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NUMBER 84.


TO THE HONORABLE THE SPEAKER AND GENTLEMEN OF THE HOUSE OF DELEGATES.


The Petition of Sundry Inhabitants of the County of Bourbon Humbly sheweth-


That we your petitioners labour under much inconvenience for the want of an inspection of Tobacco in our County town-


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To the General Assembly of Virginia


The town is situate upon Stoners fork of Licking which has been found navigable by large Boats loaded, navigating the same from the sd town-Now this being the most convenient for the County in general and the navigation is as good as tis risky Miles below we are convinced it will be of Publick utility and tend much to the Ease and Convenience of the good people of sd County We therefore [request] that an Inspection may be established upon the lots of Land set aside by the propri- etor Laurance Protsman for that purpose and we your petitioners shall ever pray


[Names.]


Endorsement on back of petition: To land inspection-Reasonable H. L. -repd.


NUMBER 85.


THE HONOURABLE THE SPEAKER AND GENTLEMEN OF THE HOUSE OF GENERAL ASSEMBLY OF VIRGINIA,


the petition of William Bruce and John Lin Humbly sheweth that your petitioners served as scouts in the county of Bourbon for the year 1789 and was discharged legally and had their accounts setled with the auditors of publick accts & by certifi- cates from the county Lieutenant of said county for particulars your petitioners must refer you to Mr Conn a member of your Honorable House-some time in the latter part of November in the same year Col John Edward Lieutenant of said county was seting out for Richmond by whome your petitioners hoped their money would be sent, and applyed to him to fetch the whole or any part he could get, and do the Best he could for them as they were in Great want, having made no crops the ensuing season on account of their being in the service of the State-the aforesaid Lieutenant recd 45 pound of the money and on his return to the District of Kentucky was attacked by a number of Indians well armed in two Boats prepaired for the capturing of the vessels of Emigrants on the Ohio river, and was obliged to dessert his Boat and make his Escape


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Petitions of the Early Inhabitants of Kentucky


leaving considerable amount of his own property, his saddle bags and the money of your petitioners, which fell into the hands of the Enemy to the great Distress of your petitioners, who being well informed of the Justice & humanity that has hitherto marked the conduct of your Honorable House are Induced to ask a restoration of that money taken by the Enemy before it came to their hand which money they think in Justice they ought to receive in the country where they did the service-therefore your petitioners prays that your Honours would take the same into consideration and make such provision for them as in your wisdom may seem best and your Petitioners shall ever pray. .


William Bruce John Linn.


Endorsement on back of petition: 28th Oct. 1790 .- Refd. to Claims-rejected -reported 3rd November '90.


NUMBER 86.


TO THE HONOURABLE THE REPRESENTATIVES OF THE STATE OF VIRGINIA IN GEN- ERAL ASSEMBLY MET


the petition of James Smith Humbly Sheweth, that your petitioner spent Eleven months in Exploring the Kentuckey Country as Early as the year 1767 and in the year 1773 made an improvement on the Waters of Licking River, and sold the Chief of the land he then possessed in pennsylvania in order to move his family to Kentuckey, But as the War with Brittain at that Post Commenced your petitioner was Called upon to Serve his Country, and Continued in publick Business During the whole of Said War either as a Deligate in the House of Assembly or as a melitia officer in the Jersey State or against the Indiens on our fronteers or on Expeditions against the Indien towns; During this time your petitioner was obliged by the legal tender act to take Depreciated Congress money as pay for his land-in the year 1786 he came to Kentucky and aplied for his Right of preemtion but the Court would not


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To the General Assembly of Virginia


admit of his proving his Right of preimtion as he had not been in the Regular Service immediately under Congress-in the year 1787 your petitioner moved his family to Kentuckey and being much reduced by the Depreciation of the Congress paper money could only purchas one hundred acres of land which is the only land he now possesseth (as an Evidance of what he has said he sends the following papers), and as the land he improved in the year 1773. is not yet occupied, your petitioner Humbley prays that he may be yet admitted to prove his Right of preimtion, your petitioner would not at this time trouble the House with this Singular petition were it not that he looks on his Case altogether Singular, and he makes no Doubt but the Honourable Hous will Do what is Just and Right and your petitioner as in Duty Bound shall ever pray --


James Smith.


Bourbon County July the 15th 1790.


Jas. Smith setting forth-that in the year 1773 he acquired a preemption right to a Tract of Land on Licking River in the Ky-district-That he afterwards removed into the state of Pennsylvania in the year 1786 returned into this State: That upon application to the Court of the County in which the Land lieth they for reasons unknown to the Petitioners refused to admit his claim and praying that it may be permitted to prove his preemption Right to the sd Land


Endorsement on back of petition. Octo. 30th. 1790. Refd. to Ct. of Justice -Rejected.


NUMBER 87.


TO THE HONORABLE THE SPEAKER AND MEMBERS OF THE HOUSE DELEGATES OF THE COMMONWEALTH OF VIRGINIA.


The Petition of Sundry Inhabitants of the Town of Mays- ville, Humbly sheweth; that your petitioners being settled in the said town of Maysville, which is situated on the Ohio River at the mouth of Limestone Creek and is a Frontier


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Petitions of the Early Inhabitants of Kentucky


intirely exposed to the depredations of the Hostile Indians, which reasons alone has put it [out] of the power of your petition- ers; to Compleat the necessary buildings for Securing their lotts within the time limited by an Act of Assembly Intitled an Act for establishing a town in the County of Bourbon ;- Your petitioners therefore pray that your Honorable House will grant them such further time for Compleating their building as to you shall appear just & reasonable & your [petitioners] will ever pray &c


[Names.]


Endorsement on back of petition: Ist. Nov. 1790. Refd. to props .- Reas- onable-(Repd.)


The act establishing the town referred to is entitled, An Act to establish a town in the county of Bourbon. Henings Statutes, Vol. 12, 633.


The name of the town was Maysville and the trustees were Daniel Boone, Henry Lee, Arthur Fox, Jacob Boone, Thomas Brooks, George Milford. The town was on Mays land.


NUMBER 88.


TO THE HONORABLE THE SPEAKER AND GENERAL ASSEMBLY OF VIRGINIA-


The petition of a number of the inhabitants of the County of Bourbon In behalf of themselves and others most humbly sheweth that there is a number of Deeds in the County for Land that is not recorded there being no Court in said County from July until January in consequence of the Death of the high Sheriff of said County in which time deeds run out of date and the persons who made those deeds are some of them mov'd out of Kentuckey others of them dead and their heirs under age so that new deeds cannot be obtained, your petitioners therefore prays your honorable House to take their care into consideration and pass a Law to give a Longer time for Recording those deeds that was lawfully obtained in the year 1789 and your petitioners as in duty bound shall pray


[Names.]


[ 156 ]


To the General Assembly of Virginia


Bourbon County


I do hereby certify that the within Petition was advertised at the door of the Court house according to Law Given under my hand this 25th day of Aug. 1790.


John Edwards Clk B. C.


Endorsement on back of petition: 1st Novr. 1790-Refd. to Cts of Justice- reasonable-Bill drawn.


The request was granted in an act entitled, An Act authorizing the Court of Bourbon Co. to admit the recording of Deeds in certain cases. Henings Statutes, Vol. 13, 150.


NUMBER 89.


TO THE HONORABLE THE SPEAKER AND MEMBERS OF THE GENERAL ASSEMBLY OF VIRGINIA-


The Petition of William Shannon.


Sheweth.


That in the month of March 1779, your petitioner was appointed Commissary and Quarter Master to the Illinois a Western department under the Command of General Clark, and continued to transact the duties of his office for upwards of three years, had employed several deputies to assist him, and during that period purchased and issued Sundry supplies to the troops in that department, which purchases and issues are accurately entered on his books of Accounts, for which books and Accounts he has receipts, (by order of the board of Com- missioners appointed to settle the business relating to that department) ready to be produced.


That your Petr. in order to obtain a settlement of his Ac- counts, laid them before the said Commissioners, at their meeting at the Dutch-station-near Louisville, but the Com- missioners conceiving them necessary for the purpose of settling other claims in the same department, kept them in their posses- sion, without coming to any decision thereon, and appointed a meeting at Colo. Bowman's in Lincoln County, where your Petrs. attended, hoping the said accounts wou'd then be finally


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Petitions of the Early Inhabitants of Kentucky


settled, but the said Commissioners hearing of your Petrs intention to travel thro' the Wilderness they declined to take up the said accounts, and appointed another meeting at Botetourt Court house or Richmond, at which places your Petr also intended to be present, but unfortunately for him, he had his Leg broke on his way to Botetourt, which prevented his carrying his intention into execution, (as will appear by sundry papers in his possession) whereby he has not been able to have his accounts settled, or to receive any Compensation for his services or the services of his deputies.


Your petr further shews, that in procuring the necessary supplies for the said troops, he became indebted to Sundry persons, and in order to discharge the same, drew bills of Exchange on the Treasurer of this State, several of which are protested, and others not paid, so that your petr remains in a very disagreeable situation, not only on account of those bills, but by being charged with monies paid him during the time he was in office, and no credit allowed him, either by the supplies furnished or his pay for his services or those of his deputies.


Your Petr therefore requests, you will be pleased to pass a Law appointing some person or persons to adjust and settle his Accounts, and to authorise the auditor to issue warrants for the amount of what shall appear due to your Petr. for his pay and depreciation as Commissary and Quarter Master in the said department, and also for what may appear to be due to his deputies, and he will Pray.


Jefferson County Sct.


This day Docter Samuel Culbertson personally came before me (James F. Moore) one of the Justices of the Commonwealth for the County aforesaid, and made oath on the Holy Evange- lists of Almighty God that in the month of April 1783 Capt. William Shannon of Lewisville, passed by Field's Station (where the Deponant then lived) on his way to the settlement


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To the General Assembly of Virginia


as he said to meet the commissioners appointed to settle the accounts of the Illinois Department and that he the said Shannon unfortunately broke his leg at Crows Station that this Deponant was sent for to set the bone which he did and attended him during his illness, but the bone was so fractured that he was not able to proceed on his journey that season and further this deponant sayeth not-Sworn to before me this 2Ist Sept. 1790.


James F. Moore


We certify that when the Commissioners for Western accounts sat in the neighbourhood of Louisville in the year 1783 Capt William Shannon who by appointment from Genl. Clark had for some time acted as Commissary General to the Illinois Regiment presented his accounts to have them settled; But the Board finding that his Books which appeared to be regularly kept would be helpful in adjusting the accounts of the other officers of that department detained Capt Shanon from about the middle of January to the last of February when it was found that more accounts had been presented and would be presented than could possibly be adjusted before the time it would be necessary for the Commissioners to return through the wilderness, and in the investigation of which Capt Shannons books would also be needed and finding that Capt Shannon intended to travel to the eastward about the same time, his books were detained and he directed to attend the Board when it should set in Botetourt County or at Richmond to have his accounts finally classed. But Capt Shannon by having his Leg bone broken before he set off was rendered incapable of the Journey; so that his accounts were never settled by the Commissioners and he informs us that the Auditors have hitherto declined a settlement by which he is suffering great loss. Therefore we take the liberty of making this representa- tion of facts and beg lieve further to observe that as far as we can recollect, his Books appeared to be accurate & just,


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Petitions of the Early Inhabitants of Kentucky


only in some instances paper money contracts were not dis- tinguished from specie, which he assured the Board he did not know to be necessary when the entries were made, but that he should be able to make the distinction when it would be requi- site. We further beg leave to represent that We understood that complaints had been made against Capt Shannon in the execution of his office. In order to examine into that matter the Board of Commissioners notifyed their Intentions to the publick of hearing all the charges that could be brought against him relative to his conduct as Commissary and appointed a time for exhibiting them -- But that no charges were brought forward and supported nor anything made appear to his preju- dice in the execution of his office given under our hands this 26th day of June 1790-


Saml McDowell Caleb Wallace.


Endorsed on back of petition: Novr. 2d. 1790 .- refd to Claims-reasonable -1st Reso: refd. to Exccutive-2nd Reso: that the Auditor of Public accts deliver him his papers-reported Sth Nov. 90 .- 19h pasd.


The request was granted in an act entitled, An Act granting a sum of money to William Shannon and others. Henings Statutes, Vol. 13, 211.


The Auditor of Public Accounts was instructed to issue certificates to those holding Shannon's drafts and to Shannon two thousand and twenty-six pounds, six shillings and one penny.


NUMBER 90.


TO THE HONORABLE THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF VIR- GINIA.


The Petition of the Trustees of the Transylvania Seminary humbly sheweth


That notwithstanding the Indulgence and encouragement they have hitherto experienced from the Legislature with the laudable design of propogating Science in this District they find the funds still so low as to be unable to errect any suitable Buildings


Encouraged by the favourable disposition to promote Education that has ever marked the proceedings of your


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To the General Assembly of Virginia


honorable house we are Induced to pray that a Law may be passed authorizing the Board of Trustees for the Transylvania Seminary to raise by Lottery the Sum of five hundred pounds for the purpose of errecting an Academy Under such regulations and restrictions as the Legislature may judge proper and we in duty bound shall ever pray


[Names.]


Endorsement on back of petition: Nov. 6 1790 .- Refd to Props-Reasonable -Repd.


The request was granted in an act entitled, An Act authorizing several lot- teries and the sale of certain lots in the town of Portsmouth. Henings Statutes, Vol. 13, 173.


"Be it cnacted by the General Assembly, That it shall be lawful for the trustees of Transylvania Seminary, or a majority of them, to raise by one or more lotterics, a sum not exceeding five hundred pounds, for the purpose of erecting an Academy."


The same bill allows a lottery to build a church, roads, and other academies in other places east of the mountains.


NUMBER 91.


TO THE HBLE THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF VIRGINIA


The Petition of the Members composing the Board of Trustees of the Transylvania Seminary humbly sheweth


Your Petitioners feeling sensebly an inconvenience under which they labor as a body constituted by Act of Assembly for conducting the business of the said Seminary, beg leave to request the interferrence of your Hble House in order the more effectually to enable them to carry into effect the Trust reposed in them.


They would suggest to your Hble House that one essential inconvenience to which they are subjected arises from the great number of members which by Law are required to con- stitute a board for the transaction of business as they are so widely scattered thro the district: And would pray that the number necessary to conduct the business of said Seminary


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Petitions of the Early Inhabitants of Kentucky


should be reduced to seven or such number as the wisdom of the House may direct and your petitioners in duty bound shall ever pray.


[Names.]


Endorsement on back of petition: Nov. 6 1790 .- refd. to props-Reasonable -Repd.


The request was granted in an act entitled, An Act concerning the Trustees of Transylvania Seminary. Henings Statutes, Vol. 13, 147.


Seven trustees were henceforth sufficient to do business at the two annual meetings provided by law.


NUMBER 92.


TO THE HONBLE THE SPEAKER AND MEMBERS OF THE GENERAL ASSEMBLY


The Petition of Henry Banks humbly sheweth


That during the latter period of the War your Petitioner was engaged in very considerable mercantile Transactions, as is well known to many honble members of the House, when it became absolutely necessary for him either to appropriate a large capital in the purchase of Land Warrants, otherwise a large sum would perish in his hands, being paper money


That your Petitioner was appointed the Sole agent of the House of Hunter Banks & Co. who had had very considerable Transactions with different public agents, and found that they had a demand for 800 Bus Salt, for which payment had never been made or a Certificate granted by which payment could be required, and that after attempting in various Instances to obtain payment without success your Petitioner was at length advised to bring a Suit in the High Court of Chancery against the Honble the Atty General, which suit has in due Course been referd to William Hay esqr. master Comr to the Honble High Court of Chancery, and he has reported and certi- fied a Balance of One Thousand Sixty Six pounds 13-4 to be due to your Petitioner but the final decree for the same is suspended until March next


That in Consideration of the necessary purchase of Lands as aforesaid your Petitioner has created a large demand ag.


[ 162 ]


To the General Assembly of Virginia


himself for fees, without the Payment of which in advance, he is not permitted to enter the surveys in the Registers office, that in Consequence of some Misfortunes your Petitioner is not prepared with certain funds to pay those expences, and is therefore in great fear that he will loose some of them


Your Petitioner is well aware of the impropriety of asking a payment of the aforesaid money until it is established by a final decree, and therefore only prays that this Honble House will pass a resolution requiring the Register of the Land office and the Depy Register of Kentuckey be directed to receive the warrants which may be issued for the aforesaid claim, when finally ascertained or that this Honble House will grant to your Petitioner any other relief respecting the Premises which may be reasonable, and your Petitioner in duty bound will pray &c


Henry Banks.


that the petition of the said Henry Banks praying that any warrants which he may receive from the Aud. of public Ac- counts by virtue of the said Decree may be received by the Register of the Land office & Depy Register of Kentuckey in discharge of fees due for entering surveys & be reasonable the petitioner for grants [?]


Commissioners Office November 15 1790


Hunter Banks and Company. against .Plfts.


. Turner Christian Richard Morris, James Innes Attorney


General, and John Pendleton Auditor of public accounts_Defts.


Pursuant to the Direction of James Innes on Behalf of the Commonwealth in these Words, to wit. Sir, whereas there is a Suit now depending, in the honourable the high Court of Chancery, Hunter Banks and Company against myself as Attorney for the Commonwealth and others, it was my Inten- tion to have consented that it should be sent to you for settle-


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Petitions of the Early Inhabitants of Kentucky


ment at the last Term, but my Indisposition prevented, I do now consent on Behalf of the Commonwealth, that you do examine state and Report thereon, & that you ascertain what is due to the Complainants as soon as possible. Witness my Hand and Seal at Richmond the ninth Day of November one thousand seven hundred and ninety.


To William Hay, Esq.


James Innes


Your Commissioner, having examined the Papers and con- sidered the claim of the Plaintiffs, is of opinion that they are intitled to one thousand and sixty six Pounds thirteen shillings and four pence for the eight hundred Bushels of Salt mentioned in the papers which is at the Rate of one hundred Pounds paper money pr Bushel, reduced by seventy five the scale in 1780, and he submits it to the Court whether they should be allowed Interest from Decbr 1780.


Commissioners fee _____ 0.7.6


Wm. Hay, M. C. a copy


Copy 1.6 Wm. Hay, M. C.


0.9.0


Endorsement on back of petition. 20 Nov. 1790-refd. to props. Reasonable -Repd.


The request was granted in an act entitled, An Act giving further time to owners of entries on western waters to survey the same. Henings Statutes, Vol. 13, 120.


NUMBER 93.


TO THE HONOURABLE THE GENERAL ASSEMBLY FOR THE COMMONWEALTH OF VIRGINIA.


Gentlemen --


We your Petitioners of the District of Kaintucky, do humbly petition for further time to fulfil, an Act passed last Session; obliging every person, to return their Plots of Surveys to the register's Office before the - day of August 1791-Our Delegates brought no account of such an Act having passed,


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To the General Assembly of Virginia


And the Acts of Last Session coming late to this District feil into the hands of a few individuals; who either from Design or inattention never communicated to the publick, that such an Act was in being, Till the time of complying with it, was past, Therefore your Petitioners knew nothing of the Act till after the time was expired. And as advantages will now be taken by designing men; not only against your Petitioners, but against many of the good and industrious Citizens of this District. And Schemes entered into by persons, who support themselves, by fradulent and knavish practices, not only to the great damage of your Petitioners, but to the immense loss of many of the good people of this District. Therefore we petition for longer time to comply with the Act. And look up to you as the Guardians and Supporters of our lives liberty and property. Firmly relying on the justice and Equity of your honourable house so often experienced and which we are ever bound to acknowledge and your Petitioners will ever pray. September the 9th day 1791 .-


[Names.]


Endorsement on back of petition: Oct. 22 1791-Refd. to Props-Reasonable -Repd.


The request was granted in an act entitled, An Act for the relief of persons owning surveys returned to the registers office, on which no patents can issue in consequence of the erection of Kentucky into an independent state. Henings Statutes, Vol. 13, 526.


Warrants were to be issued in cases of certificates of survey sent to the land office of Virginia previous to separation.


NUMBER 94.


TO THE HONORABLE THE GENERAL ASSEMBLY OF VIRGINIA


The Petition of John Crow humbly Sheweth


That your Petitioner did keep in victuals & the


Indian prisoners from the time they were put into his possession untill the tenth of May 1788, for which expenses of his, he has been paid in full according to his account.


That from the tenth of May 1788 untill the twelfth of September following your Petitioner still continued to keep


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Petitions of the Early Inhabitants of Kentucky


those prisoners, & presented his account which was allowed likewise, but curtailed. Still he had his pay, according to the Curtailment.


That your Petitioner finding himself a considerable loser by this Curtail of his account resolved to get rid of the said prisoners as soon as possible; but it was the fifteenth of January 1789 before he could write to Colonel Benjamin Logan to take them away; that his account has been since stated before the Executive who thought it convenient to reject it.


That by the answer of Col. Logan Your Petitioner was obliged to take care of said prisoners from the 15th of January to sometime early in April, when at last they were taken away, which expence your petitioner hath not charged to Government.




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