Petitions of the early inhabitants of Kentucky to the General Assembly of Virginia, 1769-1792, Part 5

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 5


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To the General Assembly of Virginia


widowes who in justice ought to have the greatest indulgence there was not the least Distinction made, for they that had been here but two days had the same previledg to draw a lott as they that first settled so that they complyed with the terms which was, that, every lott holder should build upon his lott one House twenty by sixteen with hew'd or sawed loggs with a shingled or clapboard roof with a brick stone or mud chimney by the first day of February next, and they that did not comply with these terms was to forfeit their lott, which must certainly be the case with several of us your petitioners who have not left so much as one Horse even to Draw Timber. Upon information that the late Act of Assembly intituled the Inhabi- tants of this Township to six hundred and forty acres of Land, we your petitioners Assembled ourselves called upon Colo. Richard Callaway being one of the Trustees in the first appoint- ment and Desired that a fair Election should be held and that he would still serve as a Trustee but he utterly refused to serve any other way, than by the first appointment and seemed much Disaffected at our proceedings however as it is impossible for some of us your petitioners to subsist with our Family's unless we have some convenient pice of ground allowed us at this Township we your petitioners pray that the sd six hundred and forty acres of Land be established for the use of this sd Town- ship by the Name of Boonsborough and that you appoint James Estill Capt., David Gass Capt, Jno. Holder, John South Pemberton Rawlings Stephen Hencock & Jno Martin Trustees for the same being unanimously [Chosen] for that purpose we your petitioners further pray that every Actual settler at this Township may be entituled to Draw a free lott; and in the lemitation of three years make such improvement as before Directed, the lotts to consist of half acre in lott and five acre out lott as the Indians is so frequent amongst us that we cannot settle any other way than in Forts or Townships, at this time and whereas several single men from convincing circumstances have resided with us with no other motive than


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Petitions of the Early Inhabitants of Kentucky


to give their assistance that we might not become a prey to our Enemies which was nearly the case with all the assistance we had in Septr seventy eight when the Indians laid close seige Eleven Days to our fort we your petitioners pray that every such single man be intituled to a lott upon the like terms upon applying to the trustees for the same we your petitions pray that the sd Six hundred and forty acres of land allowed to the Inhabitants of this sd Township be laid upon the south side of the Kentuckky river and that the lines may be Directed by the late Trustees Elected, as the land at this Township lies much incommoded by hills and that we your petitioners may have, the previledg of running the land as may be most convenient for the use and benefit of sd Township as there is no claim prior to the Township claim and we your petitioners as in Duty bound shall ever pray &c


[Names.]


Endorsement on back of petition: October 16th. 1770- referred to Propo- sitions - reasonable.


Land for the purpose of settlers in towns was provided by the act in Henings Statutes, Vol. 10, 39. To those settling in towns for the purpose of protection six hundred and forty acres were to be set apart for such use until a true rep- resentation could be made to the Assembly.


The town of Boonsborough was created by the act entitled, An Act for estab- lishing the town of Boonsborough in the county of Kentucky. Henings Statutes, Vol. 10, 134.


"Whereas it hath been represented to the present assembly that the in- habitants of the township called Boonsborough, lying on the Kentucky river, in the County of Kentucky, have laid off twenty acres of land into lots and strects and have petitioned the assembly that the said lots and streets together with fifty acres adjoining thereto may be laid off into lots and streets and established a town for the reception of traders and that six hundred and forty acres of land allowed by law to every such township for a common may also be laid off adjoin- ing thereto, Be it cnacted," etc.


The trusteeship was vested in Richard Callaway, Charles Thruston, Levin Powell, Edmund Taylor, James Estil. Edward Bradley, John Kennedy, David Gist (Gass ?), Pemberton Rawlings, and Daniel Boone.


The plan of the town was to be recorded with the court of the county. Lots were to be conveyed to applicants "subject to building on each a dwelling house, sixteen fect square at least with a brick, stone or dirt chimney to be finished fit for habitation within three years from the date of their respective deeds."


The same general plan was followed in the creation of all towns while the Kentucky County lasted, and until separation was granted.


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1. ..


To the General Assembly of Virginia


NUMBER 10.


TO THE HONOURABLE THIE SPEAKER AND GENTLEMEN OF THE HOUSE OF DELEGATES


The petition of Richard Calloway of Boonsborough Humbly sheweth that from the first seating of This Town both the inhabitants and travilers has Found it very inconvenient to get across the Kentucky River only in dry seasons in the summer time, and as both this Town and country is now become very popular and is much Resorted by travilers: I therefore pray that your Hone. House will pass an Act of Assembly That shall intitle me to keep a publick ferry across the Above said River from the Town Land to the land of this state and your petitioner as in duty bound will pray &c


Richard Calloway


Endorsement on back of petition: Octor.25.1779 - Ref'd to Propositions- reasonable-drawn.


This request was granted by an act entitled, An Act for establishing several new ferries and for other purposes.


"Whereas it is represented to this present general assembly, that publick ferries at the places hereafter named will be of great advantage to travellers and


others, Be it therefore enacted, etc." " at the town of Boonsborougli, in the county of Kentucky across Kentucky river to the land on the opposite shore, the price for a man three shillings and for a horse the same; the keeping of which last named ferry and emolument arising therefrom are hereby given and granted to Richard Callaway, his heirs or assigns, so long as he or they shall well and faithfully keep the same according to the directions of this act. And for the transportation of wheel carriages tobacco, cattle and other beasts at the places aforesaid the ferry keeper may demand and take the following rates; that is to say, for every coach charriot or wagon, and the driver thereof the same as for six horses; for every cart or four wheeled chaise and the driver thereof the same as for four horses; for every two wheeled chaise or chair the same as for two horses; for every hogs head of tobacco as for one horse, for every head of neat cattle as for one horse; for every sheep goat or lamb one fifth part the ferriage of one horse; and for every hog one fourth part the ferriage of one horse and no more." Henings Statutes, Vol. 10, 196.


NUMBER 11.


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


The petition of the inhabitants of the County of Kentuckey living at the falls of the River Ohio Humbly sheweth, that your petitioners have at great risque and expence removed to this remote part of the state and from the advantageous situa-


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Petitions of the Early Inhabitants of Kentucky


tion of the place, both for Trade and Safety was induced to settle here, and having laid out a Town under directions of persons appointed for that purpose by the Court of Kentuckey (a plan of which we have sent to be laid before you) and when laid out we cast lotts for the choice of the Lotts in the said Town, have improved & settled on some of the Lotts, and some have sold their houses & Lotts to persons that have come here since the Town was laid out who are still adding to our improvements, but the uncertainty of the title thereto prevents some from settling here that are inclined thereby making us less secure from any attack of the Indians, for we are informed the land that we have laid out for a Town above the mouth of a gutt that makes into the river opposite the falls was surveyed & patented for Connelly who we have understood have taken part with the Enemies of America, and agreable to a late act of Assembly the Land we expect will be escheated and sold; we are well assured that a Town established at this place will be of great advantage to the inhabitants of Kentuckey, and think the plan on which the Town is now laid out will conduce towards its being a populous Town and of great advantage to us, as many of us have built houses according thereto; and will render us secure from any hostile intention of the Indians & will induce Merchants to bring articles of commerce that the inhabitants of this Western part of the State stands much in need of, we therefore pray that an act may pass to establish a Town at the Falls of the Ohio river agreable to the plan sent, and that the present settlers & holders of the lotts in the said Town may have them confirmed to them on paying a compen- sation that may be thought reasonable to any one having a right thereto if thought requisite or to the Commonwealth; and not let us be turned out of houses we have built and from lotts we have improved & are about to build on & thereby loose the labour we have preformed at the risque of our lives,- all these several matters we your petitioners beg leave to lay before your Hone. House and hope, you will comply with our


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To the General Assembly of Virginia


request in [a]dopting the prayer of our petition, or some other method that you in your wisdom may think proper, that will conduce to the Interest and Security of this exposed part of the State, and we as in duty bound shall ever pray &c. &c. &c. May 1, 1780.


[Names.]


Endorsement on back of petition: Reasonable-Propositions -- May 1st. 1780.


This request was granted by an act entitled, An Act for establishing the town of Louisville at the falls of the Ohio. Henings Statutes, Vol. 10, 293.


"Whereas sundry inhabitants of the county of Kentucky have, at great ex- pense and hazard settled themselves upon certain lands at the falls of the Ohio, said to be the property of John Connaly, have laid off a considerable part thercof into half acre lots for a town, and having settled thereon have preferred petitions to the general assembly to establish the said town Be it enacted," etc.


Following were trustees: John Todd, Jr., Stephen Trigg, George Slaughter, John Floyd, William Pope, George Meriwether, Andrew Hines, James Sullivan, and Marshen Brashiers.


The grant was one thousand acres of the forfeited land of John Connelly adjoining the land of Jolin Campbell.


Lots were to be sold at auction and if they brought $30 the money was to be put into the treasury of the Commonwealth.


NUMBER 12.


TO THE HONBLE THE SPEAKER, AND GENT. OF THE HOUSE OF DELEGATES,


Your petitioners Inhabitants of the north side of Kentucky humbly represent


That the setled part of the County of Kentuckey is of Late grown so Extensive that in a time of pace it would be extremly inconvenient for your petitioners to attend at the Courthouse mutch more so at present when an invetorate War rages with unremited violance.


That the Militia Inhabitants of the north side of Kain- tucky Amount to about four hundred with Eleven fortified posts-That a place Central to Every post might be fixed upon Distant from the farthest not more than fifteen miles-That the nearest settlement to the Courthouse is at least forty miles and the farthest about Seventy miles at present That the River Kentuckey is rendered impasable half the year by


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Petitions of the Early Inhabitants of Kentucky


high waters & is ever inconveniant and Dangerous by Reasons of its Craggy and precipitate Bancks Thus severed by nature from our felow Citizens of the Southside of the river and Com- pactly situated in a fertile Land where aditional adventurers bid fair for a farther population your petitioners conceive themselves ripe for a Separation and pray


That the said County be Divided by a Line begining at the mouth of Kaintuckey River runing up the same and its midle fork to the head thence South East to Washington Line -Your petitioners farther pray that Comissioners be apointed to colect the sentements of the people upon the properest place for holding a Court & invested with authoraty to purchase Lands for a town to be laid off under such regalations as your Honarable House shall please to derect & your petitioners as in Duty bound shall pray &c-Signed in behalf of Lexington Station Signed in behalf of McConnells station


[Names.]


- The Inhabitants of Unity Station twenty in Number unani- mously desired this Petition to be signed in their behalf by May Ist 1780. Levi Todd


TO THE HONBLE THE SPEAKER AND GENT. OF THE HOUSE OF DELEGATES,


The Petition of the Inhabitants at and near the Falls of the Ohio Humbly sheweth that your Petitioners are situated generally near one hundred Miles from the Court house of this County in a compact, rich settlement. That so great a Dis- tance from holding Court, General-Musters render all Civil & Military Regulation altogether ineffectual-that the Number of Setlers at present amount to (at least) eight Hundred & are daily increasing.


To remedy the Disorders ever attendant upon the Want of Law & render the Administration of Justice less Burdensome; Your Petitioners pray: that all that Part of the south side of Kentucky River which lieth below Hammonds Creek and the Beach-Knobs, may be erected into a seperate County, and that all the Priviledges & Advantages of other Counties within the


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To the General Assembly of Virginia


Common-Wealth, may be granted to its Inhabitants, and your Petitioners .-


shall ever pray &c .-


[Names.]


Endorsement on back of petition: Reasonable-Propositions.


The division of the county of Kentucky is provided in an aet entitled, An Act for establishing three new counties upon the western waters. Henings Statutes, Vol. 10, 315.


"Whereas the inhabitants of the county of Kentucky are subject to great inconvenienees for the want of due administration of justice, arising principally from the great extent of the county and the dispersed situation of the settlements Be it enaeted," etc.


The names of the new counties were Jefferson, Fayette, and Lineoln. Court was to be held in each alternately on the first, seeond, and third Tuesdays of the month. Fayette was to try all eases in equity not settled to date. County seats to be at Louisville, Lexington, and Harrodsburg. The surveyors of Kentucky could choose the county they preferred.


NUMBER 13.


TO THE HONOURABLE THE SPEAKER AND GENTLEMEN OF THE HOUSE OF DELE- GATES,


HUMBLY SHEWETH.


THAT your petitioner, soon after the Discovery of the fine lands upon the Kentucky and the adjacent waters of the Ohio River, removed into that Country, where he determined to lay out and risk all his little Fortune, and accordingly was deeply engaged in settling, building on, and improving Lands there, according to the Custom of the Country; expecting thereby to secure considerable Quantities of Land; but finding, during his Residence there, that the Inhabitants in that Quarter, and other parts over the Alleghany Mountains, were constantly exposed to the Incursions and Depredations of the Indians on the North west side of the Ohio, instigated and aided by the British Garrisons at the Kaskaskies near the Mississippi, and at St. Vincents upon the Obache, and Experience having proved it extremely expensive and difficult, if not impracticable, to protect so extensive a frontier against the Savages by troops


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Petitions of the Early Inhabitants of Kentucky


stationed among the Settlements, He formed the Design of surprising and reducing the before mentioned British Garri- sons; thereby to prevent the evil Consequences of their Influence upon the Indians, and by establishing military posts of our own Troops in their Country, to deter them from distant Expeditions against our frontier Inhabitants on the South East of the Ohio, and by Degrees bring them over to the American interest. Deeply impressed with these Sentiments, he, at his own Expence, sent confidential persons, in the Char- acter of Indian Traders, to reconnoitre and examine those places, and sound the Disposition of the French Inhabitants; and having made himself perfectly acquainted with the strength and situation of the said posts, and other material Circum- stances, he was thoroughly convinced of the practicability and success of a secret Expedition against them, and of its great importance to the public, and therefore determined to lay his plan before the Governor and Council, and relinquishing all his undertakings and Improvements at Kentucky, to devote himself to the service of his Country, by engaging in the said Expedition (if it should be approved) either as an Officer, or a Voluntier; or in any other Character in which it should be thought he could do most Service.


That upon the said Expedition being approved, the Governor and Council, unsolicited by your Petitioner, were pleased to appoint him to command it; by the Blessing of divine provi- dence, and the bravery of his fellow Soldiers, he has been able to carry it into effectual execution, and in the ample and hon- ourable testimony he has received of the public Approbation, enjoys the most pleasing of all Reflections-of having discharged the Duty of a good Citizen, and thro' Scenes of uncommon Difficulty and Danger, rendered essential Service to his native Country. Your petitioner, in his Negotiations and Treaties with the numerous Indian Tribes settled in those parts, has spared no pains in endeavouring to alienate them from the British, and fix them in the American Interest, wherein he


[ 58 ]


To the General Assembly of Virginia


flatters himself he has in a great measure succeeded. In the Course of these Treaties, the Indians inhabiting the Country on the Obache, and the adjacent parts of the Ohio, express the most earnest Desire that your Petitioner should continue to reside among them, and as a proof of their Affection and Attachment, insisted upon giving him a Tract of Land, adjoin- ing to the Falls, on the North West Side of the Ohio River, of seven miles and a half square, and containing about thirty-six thousand Acres, which he could not refuse without giving them umbrage and forfeiting the Influence he had acquired among them; they accordingly made him a Deed of Conveyance in the French Language, which being registered in the Records of the Court of St. Vincents, the Original is humbly submitted herewith to the Consideration of the General Assembly.


Your Petitioner is sensible, that the Commonwealth hath, and ought to have, the exclusive Right of pre-emption from the Indians of all Lands within its own Territory, and therefore presumes to claim no Title, under the said Deed to the Lands therein mentioned, unless the same shall be confirmed to him by the Legislature; but he begs leave to observe, that this Deed will save to the public the Expence of hereafter pur- chasing the same Land; and as his Fortune was at best small, the greater part of which he had expended in improving Lands at Kentucky, which by engaging in the service of the Public, at the time and under the circumstances before mentioned, he was obliged to abandon, and has been disabled from carrying into Execution the Improvements and Settlements he had begun, so as to entitle him to Certificates for anything consider- able under the late Land Law, whereby he hath, in a manner, lost his All; Confiding therefore in the Liberality of his Country, he is induced to hope, and humbly prays, that the General Assembly will be pleased to grant him the Lands contained in the said Deed-according to the Bounds therein expressed,


[ 59 ]


Petitions of the Early Inhabitants of Kentucky


upon such Conditions and Ternis, as they, in their Wisdom shall think fit-


And your Petitioner shall ever pray.


George Rogers Clark


Endorsement on back of petition: Petition of Colo. Geo. Rogs. Clarke- May 27 1780- Referred to Propositions -- Reported.


There is no act showing that this was done, but the following is a resolution for a cession of the lands on the northwest side of the Ohio to Clark's regiment. Henings Statutes, Vol. 10, 564.


"As Col. Geo. Rogers Clarke planned and executed the secret expedition by which the British posts were reduced, and was promised if the enterprize suc- cccded a liberal gratuity in lands in that county for the officers and soldiers who first marched thither with him, that a quantity of land not exceeding one hun- dred and fifty thousand acres, be allowed and granted to the said officers and sol- diers and other officers and soldiers that have since been incorporated with said regiment, to be laid off in one tract the length of which is not to exceed double the breadth, in such place on the northwest of the Ohio as the majority of the officers shall choose, and to be afterwards divided among the officers and soldiers in due proportion according to the laws of Virginia."


This reservation is preserved in an act entitled, An Act to authorize the delegates of this state in Congress to convey to the U. S. in Congress assembled all right of this commonwealth to the territory northwestward of the Ohio. Henings Statutes, Vol. 11, 326.


NUMBER 14.


TO THE HONORABLE THE SPEAKER OF THE HOUSE OF DELEGATES-


The Petition of the Subscribers, settlers at Lexington in the County of Fayette humbly sheweth-


That they at a considerable risque and expence settled them- selves at this place which was then and still is unappropriated and unclaimed by any private person. That from an Act of Assembly passed in May 1779 intitled An Act for adjusting and settling the Titles of claimers to unpatented Lands, under the present and former Government. previous to the Estab- lishment of the Commonwealth's Land Office. they were induced to expect a Grant of Six hundred & forty acres, in confidence of which they elected Trustees who proceeded to lay off a Town, including the said Quantity, a plot of which is hereto annexed, making condition at Lines with adjacent claimers, a suitable square is reserved for the publick Buildings


[ 60 ]


0


in tow comido, from time tostarton 2 sprites, for ios ha on sekin jo miles from think So sione home & o millet,


great hastig the way officery and from


FACSIMILE OF MAP A Surveyor's Sketch Map of Kentucky. From photograph of the original in Archives of Virginia.


60 a


To the General Assembly of Virginia


of the County and a Sum of money granted by the Trustees for said Buildings, a considerable part of the Land is divided among the present settlers, upon the most equitable and just Terms, a part reserved to be disposed of to future settlers to create a fund for making necessary Improvements in the Town and encourage Settlers in future. That they have purchased Seventy acres being part of a Survey made for John Floyd to augment the Quantity and add to the convenience and benefit of the Inhabitants a former Petition to the same purpose for reasons unknown to your Petitioners having been unanswered raises in us an anxiety to know the Determination of your honorable House, Your Petitioners therefore pray that the said 640 acres together with the adjoining purchase be vested in Trustees for a Town that the present Lot holders be confirmed in their Titles and subjected to such Reasonable requisitions towards settling and improving thereon as to your honourable House shall seem just & we in Duty bound shall ever pray [Names.]


Fayette County Court


We do certify that we have no Objectson to the confirming to the Lexington Trustees the Survey of the Town Lands agreeable to the within plat & that no person hath any just claim to said Lands to our knowledge


J. N. Todd Levi Todd atty. for John Maxwell R. Patterson


April 14-1782.


Map and the following :-


June 16th 17th 1782 Drew near 10 miles to the inch From the T Falls to Squire Boons 30 miles from thence to Leeston 20 miles from thence to Lexinton 25 miles, from Elkhorn to the mouth of Lickin 70 miles, from Elkhorn to the Salt Spring on Lickin 40 miles, from thence to Lime stone 20 miles


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Petitions of the Early Inhabitants of Kentucky


From Elkhorn to Lime stone a level country except near the Salt Springs and from Elkhorn to the mouth of the Lickin great part of the way Hilley and poor


Robt. Johnson


Endorsed on baek of petition: Dee. 7th 1781-Referred to Propositions- June 6th 1782-Reasonable-Repd.


The request is granted in the act entitled, An Act to establish a town at the courthouse in the county of Fayette.


"Whereas it is represented to the assembly that six hundred and forty acres of unappropriated lands in the county of Fayette whereon the courthouse of the county stands, have been by the settlers thereon laid out into lots and streets for a town and that the said settlers have purchased seventy aeres of land eontig- uous to the said six hundred and forty acres, being part of a survey made for John Floyd. And whereas it would tend greatly to the improvement and settling the same if the titles of settlers on the lots were confirmed and a town established thereon, Be it enacted," ete.




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