USA > Kentucky > Petitions of the early inhabitants of Kentucky to the General Assembly of Virginia, 1769-1792 > Part 6
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The trustees were: John Todd, Robert Patterson, William Mitehell, Andrew Steel, William Henderson, William McCowwald, (?) and William Steel. Henings Statutes, Vol. 11, 100.
NUMBER 15.
TO THE HONOURABLE SPEAKER AND THE GENERAL ASSEMBLY OF VIRGINIA.
We your Petitioners Inhabitants of Kentuckey, Humbly beg leave to address you as their Legislative Body, imploring you to take into consideration our grievances; considering us as faithful subjects to the Republick and equally intitled to the Common Privileges with our fellow Citizens who pay a due reverence to the Constitution, and a proper regard for the preser- vation of it.
Your Memorialists thro' the Paternal Tenderness they have for their Infant Families, the obligation which Nature binds to provide for them, Removed from the Interior parts of the Coun- try through a Wilderness infested with the most Savage and cruel Enemies, combating with the greatest Difficulties, and yet continue to be Invaded by the Merciless Banditty, continually Harrased, confin'd to stations, and even debarr'd from applying the necessary means for the support of their Families, and have thought proper first to have recourse to redress through your Honourable Body, as Duty calls us to pay all Imagenable
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To the General Assembly of Virginia
Deference to your Paternal Authority and Guardianship over us which your Memorialists are bound to observe while you Act for their safety and defence.
Your Memorialists humbly beg you to have a Retrospect to the year Seventy nine, at which time your Honourable House thought proper to open a Land office for the Population of the Country & the megration of Foreigners. as Express'd in the Act of Assembly, at which time and ever since, every person was at Liberty to purchase without Cultivating as much Lands as He or She should think proper, which has been very injurious to the Indigent Inhabitants, and of but small advantage to the commonwealth, it has not only prevented sufficient Immi- gration, but has been Destructive to all Ages Sexes and Condi- tions of Existence, which has occasioned a continual Deme- gration, with those exterminated out of being by the Savage Barbarians that your Memorialists find their Number of Fight- ing Men considerably deminished since the year seventeen Hundred and Eighty, notwithstanding the small continued Immegrations since that Time.
Your Memorialists beg leave to point out a way for the Emolument and happiness of the Indigent Inhabitants, as also the most easy and Indubitable way of defending this Country, unless you can without an Infringment of the Rights of the People, Revive the antient Cultivation Law which seems very difficult to your Memorialists after such Lands has been appro- priated with Reserve.
Your Memorialists beg leave to inform you that the Persons granted Land by the Act of May Session in Eighty one, in Consideration of their setling here since Seventy nine, and for other causes, have been prevented from acquiring such Lands by an Inundation of Warrants being in the County where the Land office continued open before the county courts issued certificates, but there being great Quantities of Waste and un- enter'd Lands yet in the other Counties in the District of Kentuckey which your Memorialists Conceives may be held in
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Petitions of the Early Inhabitants of Kentucky
Reserve for the aforesaid setlers, as also for the Immediate Peopling of this Country, and such megrants to be allowed according to Antient Custom, who shall immediately cultivate such lands or become Inhabitants with your Memorialists, as all other means has hitherto been found inadequate to the happiness and Safety of this Country, your Memorialists con- ceives this Method to be the most casy and least injurious to the Publick weal, and as the Depretiation of Land Warrants being equal to that of the Paper Currency has become a Pub- lick notority, and that the one Exchanges for the other without being in credit for scarcely any other Commodity. And your Memorialists must beg leave to add that the moneys in their hands died being in this Exterior part, they conceive this Mode if adopted, will quickly raise a Fund sufficient for the Redemp- tion of such Warrants upon the same Terms they shall Receive for their Paper Currency. Your Memorialists wish to have their Locations secured to them who came early into this Coun- try, and many of them through illetrisy, and unable to ascertain the true meaning of the Law with the Troubles of Indians, have not Enter'd their Lands so special and precise as the Law Requires-many of whose Entries have been Reenter'd by others, which without the kind interposition of your House, will produce Tedious Letigations.
Your Memorialists pray you to take into consideration their Scatter'd Situation, which is neither Eligible nor happy, and neither Aids nor any apparent Redress of their Grievances has appeared, which has produced Considerable Desentions amongst them, which an Inflamatary Pamphlet intitled publick Good has augmented which, we pray you to take into Con- sideration and Create them a power Sufficient for their Controul and better Government, as well as for the Controul and Manage- ment of all Civil and Military affairs in this Country which they only claim according to the Rights of Constitution, or otherwise that you will grant them a Separation with your Intercession with the Honourable the Continental Congress
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To the General Assembly of Virginia
for their Incorporation with them, at the same time they pay a proper Deference to your wise Determinations, Reploring [Reposing?] special Trust and Confidence in you. And your Petitioners as in Duty bound shall ever pray &c. [Names.]
The Committee of the Courts of Justice to whom the Petition of sundry Inhabitants from Kentucky was referr'd, has gone thro' the same and come to several Resolutions thereupon, as follow.
Resolved, That so much of the said Petition as relates to the revival of the ancient cultivation Law be rejected.
Resolv'd, That so much thereof as relates to the claims of poor persons under the act of May Session 1781 and prays for the Liberty of locating their Claims in other Counties, is reason- able; and that where other Entries on Warrants of a subsequent Date should be offer'd at the same time for the same Land, such claims shall have the preference.
Resolv'd, That so much thereof as prays for all other un- appropriated Lands to be set apart for encouraging the Settle- ment of the Country be rejected.
Resolv'd, That that part which prays a confirmation of former Locations, tho' not made with that exact precision which the Law directs, provided they are so describ'd as that the Location can be known and that the Claimants shall not be at Liberty to lay off their Land in such a manner as to injure any one adjoining Claim in order to favor another or to make a vacancy adjoining thereto for themselves or others, is reasonable.
Resolv'd, That so much thereof as prays for the establish- ment of some kind of controuling power for the better manage- ment of their civil and military affairs, is reasonable.
Endorsement on back of petition: May 30th 1782-Ref'd to Courts of Justice-Security for their Entries-do. for poor persons-in having civil and military Govermt. ref'd to Propositions. June 13th 1782-Some parts Reasonable -Other parts rejected-Reported.
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Petitions of the Early Inhabitants of Kentucky
The request for some kind of controlling power was provided in an act en- titled, An Act for establishing a District Court on the western waters.
"Whereas the mode of administering justice has become exceedingly incon- venient and burdensome to suitors living westward of the Alleghany mountains, Be it enacted," etc. Henings Statutes, Vol. 11, 85.
The act provided that Jefferson, Fayette, and Lincoln counties should be united into one district after August Ist, for a supreme court of judieature of original jurisdiction separate of all other eourts except the Court of Appeals. It was to have jurisdiction in cases of treason, felonies, misdemeanors and crimes, except those triable in the General Court according to the Constitution. Also all matters in common law and equity arising therefrom. There were to be three judges, four sessions oi eourt to be held each year on the first Monday of March, June, September, and November, lasting eighteen days exelusive of Sunday. Three days were set for criminal matters, five for chancery and the remainder for other cases.
The court was to be a court of record. was to take cognizance of matters re- lating to probating of wills, deeds, and the granting of letters of administration, escheat, and forfeiture, and caveats.
A grand jury of twenty-four was to be chosen at the beginning of each term. The court appointed a clerk and gaoler and the attorney of the Commonwealth was selected by the Assembly.
A tax of twenty shillings was charged at the beginning of a suit and the judge at the close was to receive fifty pounds. Assistants received twenty shillings a. day for attendance, the attorney for the Commonwealth received thirty-seven pounds and ten shillings a quarter and the remainder was to go toward buildings, etc.
The court was to be held at Harrodsburg and could adjourn to places thought proper.
NUMBER 16.
TO THE HONOURABLE THE SPEAKER OF THE HOUSE OF DELEGATES --
We the Inhabitants of the three Counties of Kentucky, beg leave with reverence & freedom to address your honorable house-
The former favours shewn by the Government of Virginia to the Inhabitants of this Country thro the various stages of its population, till now, call forth our warmest acknowledge- ments-When we were weak we were assisted with aids of men and money, until by the blessing of providence we have arrived to a considerable degree of strength, but just as we emerge from a state of obscurity & Indigence we find ourselves and our dear bought possessions to become a subject of noted contro- versy .- But we place our entire confidence in your honorable house, having no person or power on earth. in whome to rely, but under shelter of the Government of Virginia-
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To the General Assembly of Virginia
When our parent state was engaged in an expensive war, and taxes on all the articles of luxury and husbandry proved insufficient to raise supplies, we never once murmured that the Lands around us, as well as those we possessed, should be seized as a sinking fund and offices opened for disposing of it. tho' we were aware that the Land System adopted would at first cause very unequal distribution of Land by giving enor- mous Quantities to those who could advance most money, yet we apprehended that the fertility of the soil, and the former acts of assembly enforcing a Cultivation proportionate to the Quantity, would induce the adventurer to become a settler .- But Mr. Speaker, Experience! sad Experience! proves that without further compulsory acts, the Engrosser will neither settle himself, nor dispose of it to those who will .- We are surrounded by numerous savage nations, Disjoined from every other settlement in the united states, and amounting to only fifteen hundred men here a tract of Country of five Million of acres of Tillable Land nearly secured under rights from Virginia to defend for those whome ease & Cowardice prevent settling- Usual supplies of men seem just expended, and the fury of war yet unabated .- Such is our melancholy situation-We fly to your house for redress, To whome else shall we apply? We know by experience that Kentuckey has friends in your house, and we now call on them with an Importunity that becomes distressed Citizens to espouse the use of justice for us-
We therefore humbly Petition
That the act of assembly for Cultivating & Improving Lands may be declared in force-
That all Lands as well those granted under the old Military and Treasury rights as the new, be subject to such regulations- That a superior Court competent to the decision of these as well as all other Land disputes be established in this Country .- These regulations we have, will carry us still towards that stage of maturity when with the tenderness of a kind parent to a
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Petitions of the Early Inhabitants of Kentucky
departing child, you will direct us to form a constitution and act for ourselves.
[Names.]
Endorsement on the back of petition. June Ist. 1782-To lie on the table.
The act for establishment of a District Court is referred to in previous petition.
NUMBER 17.
TO THE HONBLE THE GENERAL ASSEMBLY OF VIRGINIA.
The Petition of sundry inhabitants of the county of Lincoln humbly sheweth-
That your Petitioners have the highest sense of, and ac- knowledge with thankfulness the attention which your Hon- ourable Body paid the Trustees of this remote corner of the State in the last May Session, in establishing a court of general Judicature in this District, the good effects of which we begin already to feel by the discouragement of Vice & fraud which was too prevalent among us-and we cannot help expressing our concern to understand that there are some people in Ken- tucky lost to virtue, honesty & good order as to wish for its repeal-We cannot but believe that those are a set of people who never were friendly to the Government of Virginia, nor would be pleased with any law that its Legislature can pass -- We therefore hope your Honourable House will pay no regard to any Petitions which may be sent to you by a disaffected few whose wishes are rather to overturn, than support your Government.
Encouraged by our former success we now petition for the passage of a few more laws indispensibly necessary for this dis- trict. and first. That our militia may be put on a footing that may more effectually defend us against our savage Enemy.
2ndly-A Law to dispose of the orphans of poor people; which cannot be done at present, as we have no church Wardens to bind them out.
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To the General Assembly of Virginia
3rdly-A particular law respecting Strays-it being impos- sible to put them in the Gazettes according to the present Law.
4thly-A Law authorising some Civil power to solemnize the Rites of matrimony-as we have no clergy either of the church of England or Presbyterians who compose the Greater part of our inhabitants
These requests we make no doubt you will grant, because it is the Interest of our whole District-But where we may be of different Interests, we wish no new laws to pass or amendments to be made until you know the sentiments of a majority of our District because frequent alterations in the Laws are very in- convenient to our remote corner of the State
[Names.]
Endorsement on the back of petition. May 21st. 1783-Referred to Courts of Justice-June 19th 1783-Referred to consideration of the next session of the Assembly.
The request for the right to perform civil marriage is provided in an act entitled, An Act to authorize and confirm marriages in certain cases. Henings Statutes, Vol. 11, 281.
"Whereas it hath been represented to the present General Assembly that many of the good people in the remote parts of the commonwealth are destitute of any persons, authorized by law to solemnize marriages amongst them, Be it enacted," etc., "That where it shall appear to the court of any county on the western waters, that there is not a sufficient number of clergymen authorized to celebrate marriages therein, such court is empowered to nominate so many sober and discreet laymen as will supply the deficiency."
Those so nominated were to receive a license to perform the act in accordance with the church of which they are members. Parties to be married must produce a certificate showing that the bans had been thrice published. Previous marriages might be confirmed in a similar manner.
NUMBER 18.
TO THE HONORABLE THE GENERAL ASSEMBLY OF VIRGINIA.
The Petition of several of the Trustees in whom certain escheated Lands in the County of Kentucky were vested for a public School, humbly sheweth,
That the General Assembly, sensible of the Advantages resulting to Society from the general diffusion of Learning in the various parts of the community; at the May Session, 1780, vested certain escheated Lands amounting to eight thousand acres, late the property of Robert M'Kinsie, Henry Collins and
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Petitions of the Early Inhabitants of Kentucky
Alexr. M'Kee in Trustees as a free Donation from the Common- wealth for the purpose of a public School or Seminary of Learn- ing to be erected within the County of Kentucky as soon as the circumstances of the Country and the state of its Funds will admit. That your Petitioners (a majority of the surviving Trustees) having convened for the purpose of carrying into execution the laudable design of the Legislature, and finding themselves greatly embarassed as to the manner of executing the Trust reposed in them, inasmuch as the Law does not declare whether a majority of the Trustees are sufficient to act, nor in case of the Death of any of the members, how vacancies are to be filled up, and as it does not appear that the Trustees have power under their present appointment to receive Donations from Individuals or in any respect to forward so desireable an Institution, without the Interposition of the Legislature; have unanimously come to the Resolution of petitioning the Assem- bly, for an amendment of the Law, & an enlargement of the Powers of the Trustees; not doubting but that the same benevo- lent disposition which actuated the Assembly when this Dona- tion was made will influence the present Members of the Legis- lature chearfully to contribute as far as in them lies to the noble designs of diffusing useful knowledge and cultivating the unimproved minds of the South in every corner of the State. The sollicitous anxiety which discovers itself in the principal Inhabitants of this Country for having Schools or Seminaries of Learning among them that their Children may be educated as becomes a civilized people, encourages Your Petitioners to hope that the Liberality of private Individuals will be extended in aid of the public Donations, were Trustees incorporated by Law with power of perpetuating their Succession, and author- ized to purchase Estates, to receive Donations, make sale and conveyances of Land and to legislate for the Seminary in such Cases as are customary and under such restrictions and limi- tations as may be prescribed by Law.
Impressed with this hope and the full persuasion that the Assembly will listen with pleasure to every proposition that
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To the General Assembly of Virginia
has a Tendency to banish Ignorance and Error, and to intro- duce in their room what may polish the manners, encourage the improvement of the mind, promote liberality of sentiment and by refining give additional Incentives to Virtue. Your petitioners pray that the said Law may be amended in the several Cases herein before recited, and some fixt plan and Form adopted which may be most conducive to the welfare and suc- cess of the Institution, and your Petitioners as in duty bound will ever pray etc.
[Names.]
Endorsement on the back of petition: June 3rd. 1783 .- Bill pursuant to Peto. -- by Mr. Wallace; Avery; A. White; C. M. Thruston; Ct. Jones.
The process of forfeiture is provided for in a measure entitled, An ordinance for establishing a mode of punishment for the enemies to America in this colony. Henings Statutes, Vol. 9, 101.
"Whereas the most dangerous attempts have been made by some persons in the colony to subvert the rights and liberties of the inhabitants," etc., "Be it enacted," etc.
"All persons in arms within two months after the ordinance and all persons aiding the enemy by enlisting soldiers, giving intelligence, furnishing them with arms, provisions, or naval stores may be imprisoned, and their estates will be placed in the hands of persons chosen by the committee and subject to the de- termination of the Convention."
Escheated or forfeited lands were set apart for public education in an act entitled, An Act to vest certain escheated lands in the county of Kentucky in Trustees for a public school. 1780. Henings Statutes, Vol. 10, 287.
"Whereas it is represented to the General Assembly, that there are certain lands, within the county of Kentucky formerly belonging to British subjects, not yet sold under the law of escheats and forfcitures which might at a future day be a valuable fund for the maintenance and education of youth, and it being the interest of this commonwealth always to promote and encourage every design which may tend to the improvement of the mind and the diffusion of useful knowl- edge, even among the most remote citizens, whose situation a barbarous neigh- borhood and a savage intercourse might otherwise render unfriendly to science, Be it therefore cnacted," etc.
"That eight thousand acres of land within the said county of Kentucky, late property of Robert Mc. Kenzie, Henry Collins and Alexander Mc. Kie, be and the same are hereby vested in William Fleming William Christian, John Todd, Stephen Trigg, Benjamin Logan, John Floyd. John May, Levi Todd, John Cowan, George Meriwether, John Cobbs, George Thompson, and Edmund Tay- lor, as a free donation from the commonwealth for the purpose of a public school or seminary of learning to be created within the said county as soon as the circumstances of the county and the state of its funds will admit and for no other use or purpose whatsoever."
The fund above referred to was made over to the trustees of Transylvania Seminary in an act entitled, An Act to amend an act entitled an act to vest cer- tain escheated lands in the county of Kentucky in trustees for a public school.
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Petitions of the Early Inhabitants of Kentucky
The act refers to the forfeited land and says that representations had been made that private donations might be obtained were the trustees incorporated and such privileges granted as would enable them to carry into effect the inten- tion of the Legislature.
Transylvania Seminary was incorporated with the following board of trustees : William Fleming, William Christian, Benjamin Logan, John May, Levi Todd, John Cowan, Edmund Taylor, Thomas Marshall, Samuel Me Dowell, John Bow- man, George Rogers Clark, John Campbell, Isaac Shelby, David Rice, John Edwards, Caleb Wallace, Walker Davie, Isaac Cox, Robert Johnson, John Craig, Jolin Mosby, James Speed, Christopher Greenup, John Crittenden, and Willis Green.
The escheated land was vested in the above board of trustees and was exempt from taxation. Future escheats were to revert to the trustees and professors and students were to be free from military duty.
Henings Statutes, Vol. 11, 282.
NUMBER 19.
TO THE HONORABLE THE GENERAL ASSEMBLY OF VIRGINIA-
The Memorial of John Campbell Respectfully Sheweth-
That in your last session a Law was passed for suspending the Sale of Lotts in the Town of Louisville and also the Sale of Land adjoining which was Escheated as the property of John Connolly. That nevertheless the Trustees of the Town have proceeded to sell on Credit several Lotts within the same altho no single Lott heretofore disposed of is built upon and saved according to the Conditions of the Act of Assembly
That the Land laid out into a Town is Mortgaged to your Memorialist and his former partner in Trade Joseph Simon-
That half of the land Escheated is the property of your Memorialist and great Damage may accrue to him if the Appropriation made by the Assembly be confirmed-
That some of the Title Deeds of the same are Defaced and not recorded others tho duly executed and Intire have not yet been recorded owing to the Confusion of the Times to their being executed in another State and the long Captivity of your Memorialist
Your Memorialist therefore prays that the Act for Estab- lishing the Town of Louisville be repealed-That the Lines of Division between his Lands and the Escheated Lands be run agreeable to the Deed of Partition between him and John
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To the General Assembly of Virginia
Connolly That the Deficiencys of the Title Deeds may be remedyed as far as their authenticity deserves, Or any other Relief be granted to him which may seem meet and your Memorialist in Duty bound will ever pray &c.
Endorsement on baek of petition: December 1st, 1783-referred to the courts of Justice-December 8th, 1783-Reasonable and Reported, by Charles Ilay.
The request was met by an act entitled, An Act for repealing in part the act for establishing the town of Louisville. Henings Statutes, Vol. 11, 321.
The act states that the line had not been run between the land of Connolly and Campbell; that money was not yet paid for which Connolly gave mortgage; that it was unjust to deprive Campbell of his security. The act was repealed so far as it effected the land of Campbell and Simon, and surveyors of the county were to run a line between the land of Connolly and Campbell.
NUMBER 20.
TO THE HONBLE. THE SPEAKER & GENN. OF THE HOUSE OF DELEGATES
The Petition of John Morton humbly representeth-
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