USA > Kentucky > Petitions of the early inhabitants of Kentucky to the General Assembly of Virginia, 1769-1792 > Part 4
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Herrodsburg, June 7-15th. 1776
Signed by order of the Inhabitants
Abrahamı Hite Jr. Clerk.
This was sent first to the committee of Fincastle County and by them to the Convention.
NUMBER 3.
TO THE HONOURABLE THE CONVENTION OF VIRGINIA:
The Humble Petition of the Committee of West Fincastle of the Colony of Virginia, Being on the North and South sides of the River Kentucke (or Louisa) Present John Gabriel Jones Esqr. Chairman, John Bowman, John Cowen, William Bennett, Joseph Bowman, John Crittendon, Isaac Hite, George Rodgers Clark, Silas Harland, Hugh Mc. Gary, Andrew Mc, Connel, James Herrod, William Mc. Connel, and John Maxwell, Gent'n.
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To the General Assembly of Virginia
The Inhabitants of this Frontier part of Virginia who are equally desirous of contributing to the utmost of their power to the support of the present laudable cause of American Freedom, and willing to convince and prove to the world that tho they live so remote from the seat of Government that they Feel in the most sensible manner for their suffering Brethern; and that they most ardently desire to be looked upon as a part of this Colony, notwithstanding the Base proceedings of a Detestible, Wicked and Corrupt Ministry to prevent any more counties to be laid off, without the Inhabitant would be so pusilanimous as to give up their right of appointing proper persons to repre- sent them (in Assembly or) in Convention; And as we Further conceive that as the Proclamation of his Majesty for not settling on the Western parts of this Colony, is not founded upon Law, it cannot have any Force, and if we submit to that Procla- mation and continue not to lay off new Counties on the Fron- tiers that they may send Representatives to the Convention, its leaving an opening to the wicked and Diabolical designs of the Ministry, as then this immense and Fertile Country would afford a safe Asylum to those whose Principles are inimical to American Liberty. And if new Counties are not laid off, as Fincastle County now Reaches and already settled upwards of Three Hundred Miles from East to West it is impossible that two delegates can be sufficient to Represent any such a Respectable Body of People, or that such a number of Inhabi- tants should be bound to obey without being heard. And as those very people would most cheerfully cooperate in every measure tending to the Publick Peace, and American Freedom, They have delegated two Gentlemen who was chosen by the Free voice of the People, and which Election was held Eight days at Harrodsburg (on the Western waters of Fincastle on Kentucke) after the preparatory notice of Five Weeks given to the Inhabitants and on the poll being closed Captain John Gabriel Jones and Captain George Rodgers Clark, having the majority were chosen and not doubting the acceptance of them
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Petitions of the Early Inhabitants of Kentucky
as our Representative by the Honorable the Convention, to serve in that capacity; as we conceive the precedent Established in West Augusta will justify our Proceeding; and we cannot but observe how impolitical it would be to suffer such a Respect- able body of prime Rifle men, to remain (even in a state of Neutrality) When at this time a Certain set of men from North Carolina, stiling themselves, proprietors and claiming an abso- lute right to these very Lands taking upon themselves the Legislative authority, Commissioning officers, both Civil and Military, having also opened a Land- office, Surveyors General and Deputies appointed and act, Conveayances made and Land sold at an Exorbitant Price many other Unconstitutional practices, tending to disturb the minds of those, who are well disposed to the wholesome Government of Virginia, and creating Factions and Divisions amongst ourselves. As we have not hitherto been Represented in Convention; And as at this time of General danger we cannot take too much Precaution to prevent the Inroads of Savages, and prevent the Effusion of Innocent Blood. We the Committee after receiving a message from the Chiefs of the Delawares who are now settled near the mouth of the Waubash, informing us that a Treaty was to be held at Opost, by the English and Kiccapoos Indians, and that they would attend to know the purport of the same, and if their Brothers the Long Knives would send a man they could rely on, they would, on their return, inform him of the same, as they were apprehensive the Kiccapoos would strike their Brothers the Long Knives, therefore we thought it most prudent, and shall send immediately a certain James Herrod and Garret Pendergrass to converse with them on the same. And as its the request of the Inhabitants that we should point out a number of men capable and most acquainted with the Laws of this Colony to act as Civil Magistrates, a list of the same we have enclosed. And for other matters relative to the country we conceive that Captain Jones and Captain Clark our Delegates will be able to inform the Honourable the Con-
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To the General Assembly of Virginia
vention, not doubting but they will listen to our just petition and take us under their Jurisdiction, And your petitioners as in Duty Bound &c.
Signed by order of the Committee, Herrodsburg, June 20th. 1776.
J. G. Jones Chairman Abraham Hite Jnr. Clerk.
This was sent first to the committee of Fincastle County and by them to the convention.
The division requested was made and West Fincastle created into the Ken- tucky County by an act entitled, An act for dividing the county of Fincastle into threc distinct counties and parishes of Botctourt into four distinct parishes. Henings Statutes, Vol. 9, 257.
"Whercas, from the great extent of the county of Fincastle many incon- veniences attend the more distant inhabitants thereof on account of their remote situation from the courthouse of the said county and many of the said inhabitants have petitioned this present general assembly for a division of the same; Bc it therefore enacted &c."
The division was to take effect after December 31, 1776, and the boundaries are thus described: "All that part thereof which lies to the south and westward of a line beginning on the Ohio at the mouth of the Great Sandy Creek and run- ning up the same and the main or northeasterly branch thereof to the Great Laurel Ridge or Cumberland Mountain, then southwesterly along the said mountain to the line of North Carolina shall be one distinct county and called and known by the name of Kentucky."
A system of administration was provided for the county to consist of a court to meet the first Tuesday of every month. They were to give bond and could appoint a clerk and select a place of meeting. The court was to meet for the first time at Harrodsburg. Any appointment had to be by majority of the jus- tices and could be postponed "where such majority shall have been prevented from attending by the bad weather or accidental rise of water courses."
The right of franchise was vested in "every white man possessing twenty-five acres of land with house and plantation thereon . and having riglit to an estate for life at least in the said land in his own right or in the right of his wife."
NUMBER 4.
TO THE HONORABLE THE SPEAKER & GENTLEMEN OF THE HOUSE OF DELEGATES OF VIRGINIA.
The Petition of Thomas Slaughter on behalf of himself & the other inhabitants situate near Kentukke humbly sheweth; That the said Inhabitants are exposed to the incursions & depredations of the Indians & from the small number are incapable of protecting themselves. & this inconvenience is greatly increased on Account of the melitia's not being im-
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Petitions of the Early Inhabitants of Kentucky
bodyed. The Petitioner therefore humbly prays that some method may be fixed on to protect & defend the said inhabi- tants, & if in the meantime military Commissions were issued for training the militia of the place a smaller number of men to act in conjunction with the said militia would answer the end desir'd.
Your Petitioner humbly submits the Premises to the con- sideration of the honorable house & hopes such relief will be affoarded as the exigence of the Case requires.
Thos Slaughter.
Endorsement on the back of the petition: Thomas Slaughter October 11th. 1776. Ref'd to Com. on state of the country.
NUMBER 5.
TO THE HONBLE. THE SPEAKER & GENTLEMEN OF THE HOUSE OF DELEGATES:
Hugh McGary humbly sheweth, That in the months of March and April last the northern Indians invaded the County of Kentucky, killed many of the inhabitants, destroyed part of their stock & took off upwards of two Hundred horses. News arriving that Government had ordered an Expedition against the Towns of the Enemy Indians from Pittsburg The Commanding officer at Kentucky sent your petitioner thither as Express with a List of Horses lost & their descriptive marks in order that they might be recovered to the Owners. Your petitioner hath obeyed his Orders which are hereto subjoined with General Hand's Receipt & a Certificate of his return to Kentucky & the Distance he rode. Your petitioner only prays the customary allowance to Expresses if this honble House thinks proper & shall pray &c.
Fort Pitt 22th June 1777 reced of Hugh Mcgary Express from Kentucky, a List of the Horses, taken by the Northern Indians at or near Harrodsburg.
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To the General Assembly of Virginia
This is to Certify that sd Hugh McGary was sent express by me to Pittsburg the Distance Seven Hundred & Fifty Miles
Given under my hand Harrodsburgh 22d Augst. 1777.
G R Clark, Cmd. Edwd Hand Brigadr Genl.
this is to Certify that Mr Hugh McGary is appointed by me as Express to Pittsburg I do request all persons to assist him as such
Given from under my hand at Harrodsburgh May 17. 1777
G R Clark, Cmd.
Endorsement on the back of the petition: Hugh Mc.Gary Pet.n. Decr.l. Ref'd to claims. reasonable . Alld. for 750 miles at 1bs. 2S- 2-6.
NUMBER 6.
TO THE HONOURABLE HOUSE OF DELEGATES FOR THE COMMONWEALTH OF VIR- GINIA-
The Petition of the Inhabitants of the County of Ken- tucky humbly sheweth,
That your Petitioners are and have for some time past been almost destitute of the necessary Article Salt. That by reason of the Incursions of the different Nations of Indians this year past we have been prevented from making what Quantities would be necessary for ourselves and Families as we formerly did, for small Parties would be in great Danger of being cut off and larger ones could not be spared from the defence of the Families.
That as bountiful Nature hath plentifully furnished this Country with Salt Springs where at a small expence Salt might be made in abundance many of which are claimed by Persons resident in this State who have never been at any Pains or Expence to errect Manufactories at them which if done would be very Beneficial to not only adjacent Settlers but also interior Inhabitants of this Commonwealth-
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Petitions of the Early Inhabitants of Kentucky
Now your Petitioners humbly pray that if the Claimants do not immediately errect Salt Manufactories at the different Springs claimed by them The honourable House would take it into their consideration and Order that the said Springs should be made publick Property and be Manufactored by Government by which Means Government would be profited & your Petitioners have speedy relief and your Petitioners in duty bound shall ever pray
[Names.]
Endorsement on the back of petition: Petition of Inhabitants of Kentucky. 1777, Nov. 25. Ref'd to Propus. ref'd to next session of Assembly. 1st (Re- jected)
The importance of a conservation of salt and the encouragement of its pro- duction may be seen from the following acts bearing upon the subjeet and passed at different times by the Assembly :
An ordinanee for ereeting Salt works in the colony and for encouraging the making of Salt. Henings Statutes Vol. 9-122. An Act for encouraging the making of Salt. Henings Statutes Vol. 9 -310.
An Aet authorizing the seizure of Salt in the same manner as provisions for the use of the army. Henings Statutes Vol.9. 381. An Aet to supply the inhabi- tants of the commonwealth with salt upon reasonable terms. "Whereas divers ill disposed persons have possessed themselves of large quantities of Salt, which they have not only refused to sell at any reasonable price, but to enhance the value of their own salt &c." An embargo was placed on the shipment and the freeholders might seize salt upon warrant issued by a justiee of the peace.
NUMBER 7.
TO THE HONORABLE THE GENERAL ASSEMBLY OF VIRGINIA.
The Humble petition of Nathaniel Henderson Sheweth, that on or about the Eleventh day of Septer last, in defending fort Boon in the County of Kentucky against an attempt of the Indians, your Petitioner had a valuable negro fellow[ed] killed- That the said negro was ordered by the Commanding officer to take a gun, and place himself in a dangerous post and to keep watch & fire on the Indians, which he accordingly did and was killed-That if the said negroe had been suffered to remain within his Cabbin, he could not have been hurt, That the loss of so valuable a slave together with the many other losses sustained by your petitioner in that Country distress him very much-Therefore hopes, that the Assembly will order a recom-
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To the General Assembly of Virginia
pense-and that the value of the said slave may be paid to your petitioners, who as in duty bound shall ever pray &c Wmbg. Novr. 21. 1778. Nathaniel Henderson
The Deposition of Captain William Buchanan of lawful age, being first sworn on the Holy Evangelist of Almighty God, deposes and says. that in the month of September last Fort Boon was attacked by a party of Indians, to the number of about three hundred and forty, at which time there was not more than sixty men in the Fort, including the Garrison Sol- diers, & all the settlers; that arms & ammunition were given to the negroe men in the said Fort, and stationed by the com- manding officer in such a manner, so as to make the best defence possible; that a certain negroe man the property of Nathaniel Henderson (who was then absent) had taken post on the outside of the Fort, as directed by the Commander, and in consequence thereof, the said negroe fellow was killed by the Indians; the Deponent further says, that the said Negroe was very likely, about twenty four years of age, and in his opinion worth upwards of Six hundred pounds-and further sayeth not-
Wmsburg. Novr. 28th 1778 Sworn to before Edwd Charlton
W. Buchanan
Endorsement on baek of petition. Ref.d to Claims Nov.24 1778 rejected -- to be reported especially-recommitted- rejected- reported Deer. 10th.
NUMBER 8.
TO THE HONOURABLE HOUSE, OF ASSEMBLY, FOR THE STATE OF VIRGINIA.
The petition of the Destressed Inhabitants of the county of Kentuckky, Humbly, shweth, That whereas we your distressed petitioners, situate in this remote part, exposed to all the Bar- berous ravages of inhuman savage, whose savage disposition, being animated by the rewards of Governour Hamilton has
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Petitions of the Early Inhabitants of Kentucky
enabled, them to hold up a constant war this four years, which term has reduced many, of us so low that we have scarce cattle amongst us to supply, our small Family's and many of us that brought good stocks of both Horses and cows, now at this juncture have not left so much as one cow for the support of our familys, which to our great disadvantage may plainly appear to every spectator, we have thought proper to present you with a just estimation of our losses in settling and defending this extensive country, which we hope will contribute much to the benefit of the common charge, by virtue of the late act of Assembly, in opening and establishing a Land office. tho at the same time we your depressed petitioners many of us will be intirely deprived of the opportunity of geting so much as one hundred acres of land, notwithstanding the loss of our properties and so many of our lives which we have expended in Defence of this country, except we your petitioners get speedy redress by this our petition, (this must be the unhappy event) we must lie under the disagreeable necessity of going Down the Mississippi, to the Spanish protection, or becoming tennants to private gentlemen who have men employed at this junction in this country at one hundred pounds per Thousand for, running round the land, which is too rough a medicine ever to be dejested by any set of people that have suffered as we have, you the Honourable House of Assembly in whom rests our most sacred rights and priviledges, justice at this time loudly calls your attention we your petitioners hope that the extensive distance of our situation will not create a negligence of this nature, but rather a curious reflection, on our inabilities, we think it expedient to show you the reasons why some of us who first setled in the country will be deprived of geting amends for our losses and troubles first. that many, of our inhabitants both married and single, have been taken by the Indians and carried to Detroyt others killed and their wives and children left in this destitute situation not being able as yet even to support their indigent family's some of
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To the General Assembly of Virginia
which never marked or even choose a piece of Land in the coun- try, we your petitioners think four hundred acres two small a compensation, which will be all we have in our powers to pro- cure. Secondly those who have setled since the year one thousand seven hundred and seventy seven who have suffered equally as much as they that first setled, who could only loose their all; is now deprived of the opportunity of securing any land except four hundred acres and that at the state price which is fair from many of our capacities to be able to comply with the terms proposed to us by act of Assembly, by our being reduced so in coming to the country and loosing what we had after we got to it by the Indians. Thirdly those who have been in the country before the year, one Thousand seven hundred and seventy eight and only raised a small cabbin perhaps never stayed, three weeks in the country never lost to the amount of one shillings worth yet they are intituled to their choice of one Thousand Acres at State price. If no alteration be made it had been well for us if we had all been such cultivators and never come to settle in the country untill there had been a peace. We have long united on the opening of a Land office hoping each sufferer to receve some compen- sation in Land for his loss trouble and risk, and we your peti- tioners are still in hopes that when this our petition comes under your consideration, and a mature reflexion is cast upon the whole, that you will find that our loss is at this juncture to the great advantage of this state. On a reflection of your justice & mercy we congratulate ourselves that a good cause never suffered in the hands of just men, we cheerfully refer the whole of our grievances to do as you in your wisdom may think right, and we your petitioners as in duty bound shall ever pray &c
[Names.]
Endorsement on back of petition: Octr.14th.1779-Referred to Propositions - Novr.5th to be heard- reasonable.
The first action recognizing the rights of settlers to titles in the land is found
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Petitions of the Early Inhabitants of Kentucky
in an act entitled, An Act for raising a supply of money for public exigencies. Henings Statutes, Vol. 9, 349.
The grievances of the settlers led to the passage of an act entitled, An Act for adjusting and settling the titles of claimers to unpatented lands under the present and former governments previous to the establishinent of the common- wealth's land office. Henings Statutes. Vol. 10, 38.
"And whereas great numbers of people have settled in the county upon the western waters, upon waste and unappropriated lands for which they have been hitherto prevented from suing out patents or obtaining legal titles by the king of Great Britain, proclamations or instructions of government, and the present war having delayed until now, the opening of a land office and the establishment of any certain terms for granting lands and it is just that those settling under such circumstances should have some reasonable allowance for the charge and risk they have incurred and that the property so acquired should be secured to them, Be it enacted," etc.
All bona fide settlers after January 1, 1778, were allowed to have four hun- dred acres even though they had laid off a less amount.
The right to buy an indefinite amount of land was granted by an act entitled, An Act for establishing a land office and aseertaining the terms and manner of granting waste and unappropriated lands. Henings Statutes, Vol. 10, 50.
"Be it therefore enacted that any person may acquire title to so much waste land as he or she shall desire to purchase, on paying the consideration of forty pounds for every hundred acres," etc.
NUMBER 9.
TO THE HONOURABLE HOUSE OF ASSEMBLY FOR THE STATE OF VIRGINIA.
The petition of the Distressed Inhabitants of Boonsfort Humbly sheweth, that whereas the late act of Assembly has reserved in this county of Kentuckky six hundred and forty acres of Land for the use of a Town that is not to be entered or surveyed by any private individual untill a true representa- tion of our case is laid before you the Honourable House of Assembly, the better to inable you the Honourable House of Assembly to be compitent judges of the cause, we your peti- tioners are now laying before you, we your petitioners think it expedient at this time to set forth to you the Honourable House of Assembly the plan and form that this fort and Town- ship was first settled on, and also the methods that has been used by some of those gentlemen that first pretended a claim to this country by a purchase from the Cherukee Indians, and also the names of every person kill'd and taken belonging to this sd fort since the time of its being first settled, with the dates as near as can be calculated at this time, which we hope will enable you the Honourable House of Assembly to judge
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To the General Assembly of Virginia
who has suffered in setling this place. In the first place after Richard Henderson & Company had made purchase from the Indians they applyed to Daniel Boon who was to be their pilot to this country they further desired to know the most conven- ient place for a Town on the Kentuckky river sd Boon Directed them to this place letting them know the length and breadth of the low grounds as near as he could, upon his information it was resolved that this was the spot. they would place the Town on, and in coming to the place the company agree'd to lay it off into two acre tending lotts which was to be given up the next year for the use of a Town and Town common's tho at the same time this would entitle every man to draw a free lott in Town and also, entitle him to his Bounty Land altho he had made corn on his own entry as the proprietors proclamation run thus that every man that made corn in this country in the year one Thousand seven hundred and seventy five should be entitled to five hundred acres of Land at this time of all the men raised corn here the first year there is now but three at this fort. after the people that has made corn the first year had gone into the Inhabitants and times began to grow some- what difficult sd Colo. Richard Henderson had the fence that was made by the people broke and took the rails and fenced in betwixt twenty and thirty acres of the most convenient ground next the fort which has been held under sd Henderson ever since except the value of one or two acres that was taken for gardians for people in sd fort, we your petitioners think it a grand Imposition that sd Henderson should hold such a quan- tity of Ground whilst some of us your petitioners have been under the necessity of clearing ground at the risk of our lives and tending our crops round sd Hendersons slaves. In the second place John Luttrel one of the Gent, proprietors enterd on the S W. side of sd Township and improved on the Land, first allowed by sd proprietors for a Town. In the third place Nathaniel Heart another of the sd proprietors entered the upper half of the Town Land which was cleared and fenced by the
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Petitions of the Early Inhabitants of Kentucky
people who tended corn the first year, there may perhaps be one hundred acres within the fence and the one half of that clear'd this sd Nathaniel Heart finding his entry under sd pro- prietors would not entitle him to the Land sd Heart came out last spring to this country and warmly recommended to the Inhabitants of this fort to lay off a Town which some of the Inhabitants agreed to in some measure, they thought it would be well for every man to know his own ground as the Land convenient was held by two or three men. without the least notice given for an election for trustees the Drum beat to arms and these names read over by one of these trustees to wit. Richard Callaway Nathaniel Heart George Madin, James Estill & Robert Cartright and these questions was ask'd, Gentlemen has any of you any objections to these gentle- men to be trustees for this Town. to which little or no, Answer was made our silence taken for conscent. they proceeded to Business. in the first place they reserved five hundred acres of Land for the use of a Town & Town commons two hundred acres on the south side of the Kentuckky and three hundred on the north side which three hundred acres on the North side is not of the least advantage to this Town by reason of a large steep hill that binds all that side of the river opposite to this town and the hill so steep that it will be with great difficulty to get timber down from any place on that side. what could be the motive of these men to reserve Land on that Incon- venient side we are at a loss to know except some private views incited this sd Nathaniel Heart in order to obtain the upper half of this Town Land which sd Heart unjustly claims as cir- cumstances seem to make it appear, in the first place it could not be supposed had we been left to our choice that we would have choose men that were intire strangers to us as three of these men were and not even settlers in the country & especially men that was deeply interested as Capt. Heart was, the terms that the tolls were let upon was entirely out of the power of several of them that suffered most for them and Especially
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