USA > Kentucky > Franklin County > The history of Franklin County, Ky. > Part 4
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THE HISTORY OF FRANKLIN COUNTY.
celebrations, picnic, etc. This spring is only a short distance below the north limit of the city.
At the beginning of the last century news traveled very slow. On December 30, 1801, the Palladium made this state- ment: "Just as this paper was going to press a gentleman in- formed us that Mr. Charles Lynch, of Shelby County, had arrived about four days ago from South Carolina. The Electors had voted before he left that state, unanimously for Mr. Jeffer- son ; our informant believes the votes for Vice President were divided between Pickney and Burr. Mr. Lynch has been only fifteen days on his journey and was at Camden on the day the Electors met.
The County levy for the year 1802 was fixed at "six shill- ings per tythable." Zachary, a slave, the property of Lucy Samuels, was accused of trespass, and on January the 31st, tried by a Jury and convicted, the judgment was; "it is therefore considered by this Court that said Zachary receive thirty-nine lashes well laid on his bare back at the public whipping post and that the sheriff of this county do cause execution of this judgment."
At the September term 1802, it was ordered that five magistrates attend at the house of Phill Bush in Frankfort on the first Monday in April, next, to receive proposals for build- ing a court house on the ground given by the Legislature to erect thereon a court house, the walls to be of brick and not less than forty feet square. At the May term 1803, it was ordered that Christopher Greenup, Daniel James and Daniel Weiseger be appointed commissioners "to superintend the building the court house in this county and to lay off the grounds for the court house." At the following June term this order was en- tered, upon motion ; "ordered that ITiram Lodge number four, and its friends be permitted to add a third story to the court house which is now a building, at their own expense and upon their own construction for a mason hall, provided such erection does not impair the contract of the county with the undertaker, either by lessening or enhancing the responsibilities of either except that the undertakers are at the expense of the lodge and its friends to extend each pillar in front of the house one brick
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THE HISTORY OF FRANKLIN COUNTY.
in length." At the next term of court leave was given Hiram Lodge "to run up the stairs from the passage below to the land- ing on the south west or north west room above clerk's room in the court house, in order to ascend to the third story." At August term, 1804, it was ordered that the commissioners for erecting the court house bring suit immediately against the contractor and his bondsmen for the non-compliance of his contract.
Prior to 1806, Franklin county had no court house; the State house was used for holding court and for all other official business of the county. The court house was completed Sep- tember 15, 1806, and John Rennick was appointed custodian of the house and yard, and he was directed to have as many locust trees planted out as would be necessary to shade the yard. The court house was built on the south east corner of Capitol Square, in front of the present executive building, and across Elk Avenue from Kagin Brothers' restaurant.
Fleming Trigg was authorized to have stone posts set at the corners of the house to prevent wagons and other vehicles from injuring it. Some time after that, Oliver Waggoner was appointed to superintend the inclosure of that part of the pub- lic square allotted to the county around the court house, and that he procure the necessary styles or steps to be'made leading in and out from the front of the house. A post and rail fence was built around the square, the post on each side of the styles was eight inches square and furnished with a fiddle head; the post had a pin through the top rail of each post. Daniel Weiseger and Daniel James were appointed commissioners to let to the lowest bidder the "securing the arches of the court house," also for erecting stock and whipping post in the court house square ; also to let work completing the inside to be done in a plain, neat, workmanlike manner and to be completed by March 1, 1806.
The first term of Circuit Court was held in Frankfort on April 18, 1803, John Logan was the first circuit judge; Willis Lee was appointed clerk during good behavior.
After the conviction and execution of Henry Fields charged with having murdered his wife in 1799, the records
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THE HISTORY OF FRANKLIN COUNTY.
of the county do not show another indictment for either mur- der or manslaughter until July, 1814; however there were numerous indictments for profane swearing during that period of time.
At the June term, 1803, John Price became the fourth sheriff of the county and Daniel Weiseger was re-appointed clerk. At the same term of court Humphrey Marshall was al- lowed six pounds for defending John Bartlett in the Court of Appeals. Bartlett had been adjudged of unsound mind and was refused a seat as justice of the peace after his appointment. The Court of Appeals adjudged that he was entitled to his seat. The county levy for 1804 was one dollar per "tithe." The first water works ever built in Kentucky were commenced by Richard Thockmorton in 1804. On December 23, 1805, the Frankfort Water Company was incorporated with John Brown, William Trigg and Achilles Sneed as incorporators, for the purpose of completing the works. Wooden pipes were laid from Cedar Cove spring about three miles out on the Owenton road, along Brown's bottom in to the town.
A strong wall about twenty-five or thirty feet high was built across the ravine some distance below the spring, and in that way a reservoir was formed; the pipes used were cedar bored through the center with an inch and a half auger; and they were fastened to each other with wooden pins. These works supplied Frankfort with water until 1886, when the most approved system then known was established instead.
The system of piping the water through cedar, was never a complete success. Harry Bartlett was appointed sheriff in 1805, and on June the 15th of that year he resigned, and Robert Blackwell was appointed in his place and thereby be- came the sixth sheriff of the county; on November 18th, of the same year Scott Brown was appointed a justice of the peace.
A subscription list with forty-six names attached, form- ing a fire company for the city of Frankfort was ordered to be recorded in the County Clerk's office on December 15, 1806. On April 21st of this year Daniel Weiseger was granted the right to keep a tavern on Ann street in the town of Frankfort ;
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THE HISTORY OF FRANKLIN COUNTY.
this tavern was located where the Capitol Hotel now stands. On the same date there was an order entered removing James Roberts, jailer of Franklin county from office, and John A. Mitchell was appointed in his stead. The charge upon which Roberts was tried, convicted and removed from office was "for malpractice in office by charging the county with his services and the fees attending thereto, and for the same services lay- ing his claim before the Circuit Court to be audited with the Auditor of Public Accounts."
1) The year 1806 was one of the most exciting epochs in the history of the county. It was during that year that two alleged conspiracies were unearthed, by parties who were living in Frankfort. There was the so-called Spanish conspiracy in which it was alleged that Frankfort citizens were the chief conspirators, and which is said to have been planned about the year 1790; and the other one is known as the Burr conspiracy, with Blenerhassett and others about 1805-6.
An article published in The Western World, October 15, 1806, openly accused Aaron Burr and others of conspiring against the United States. Col. Daviess, who was, at that time, District Attorney, asked for a warrant against Burr which Judge Innis refused; but he convened an extra term of the grand jury. Burr was at Lexington at that time and he im- mediately came to Frankfort, with Henry Clay, his attorney, Burr demanded an immediate investigation of the charges against him; after a bitter fight the grand jury ignored the charge. AAll the country around Frankfort was crazed with excitement "on the day of the expected trial. Frankfort was crowded and the court house gorged with citizens and strangers." After his release, a ball was given at the Love house in Frankfort, to Col. Burr, which was largely attended, and conspicious in the crowd were many officers of both State and Nation. In a short time after this another ball was given in honor of Col. Daviess, the attorney who prosecuted the case, and this was also numerously attended.
There has been an effort made to prove that some of Frankfort's citizens were connected with the Burr conspiracy ; but subsequent facts and circumstances tend to show that the
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THE HISTORY OF FRANKLIN COUNTY.
so-called Spanish conspiracy had no connection with the Burr conspiracy, except, perhaps, Col. Burr was trying to take ad- vantage of that independent Kentucky sentiment which was rife at that time, to forward his own nefarious and ambitious designs. The Spanish conspiracy which the editors of the Western World exposed about the same time the charges of conspiracy were made against Col. Burr, deals more particular- ly with the people of Frankfort and Franklin county.// Mar- shall, in his history of Kentucky, condemns in unmeasured terms the conduct of those who were supposed to be connected with it, and he gives great credit to John Wood and John M. Street, editors of the Western World, who arrived in Frank- fort in the early part of 1806. He says in his history: "Then it may be said, there was seen from the front door of Col. Tay- lor's Inn an elderly looking man of middle size and ordinary dress, with a Godfrey's quadrant strung to his shoulder. a knapsack on his back and a good-looking youth by his side, both on foot, trudging through the muddy streets (then un- paved) and as if travelers who wanted rest. They arrived at the door, entered and are seated; the elder announces him- self to be John Wood and his companion Mr. Street, who had traveled with him from Richmond, in Virginia, on a voyage of adventure for enjoyment and support. John Wood was a professed man of letters; the other familiar with newspapers and of good capacity. On July 1, 1806 they commenced pub- lishing a weekly newspaper in Frankfort to be styled "The Western World.' It was printed by William Hampton. the proprietor of The Palladium. On July 4. 1806, they agitated the people of Frankfort from center to circumference, about. the Burr conspiracy: threats were freely made against them. The next edition agitated Frankfort society still more. It was thought that nothing but the death of Street would pre- vent the exposure of Sebastin, Innis and others; an assassina- tion was attempted by George Adams armed with two pistols, and repelled by Street with a dirk. Street was wounded in the breast by the discharge from the fire-arms. Adams fled but was afterwards arrested. Adams was bailed. Humphrey Marshall went on the bond of Street, with Col. J. II. Daviess.
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THE HISTORY OF FRANKLIN COUNTY.
Street was tried and acquitted, Adams was convicted, but it turned out that the indictment failed to charge "with intent to kill," an omission supposed to have been made on purpose. The guilt of the accused was conclusive. (See Register of State Hist. Society, Sept. 1906, History of Gen. Jos. M. Street.) Benjamin Sebastin was a pensioner of Spain. These exposures brought on a legislative investigation, and to prevent which Sebastin resigned.
Allen B. Magruder stated in his work on the "Cession of Louisiana": "To whatever incomprehensible spirit of delirium the circumstances may have attributed its origin, yet it is a fact that about the year 1789 or 1790 a plan was in agitation to separate Kentucky from the Union and attach it to the Spanish Government of Louisiana. A memorial was drawn up addressed to the executive authority of the colony, express- ing the advantage of a union, which was reciprocated in the same terms on the part of the Spanish Government. The chimerical plan proceeded so far in its effects upon the public mind, that a proposition to form the State into an independ- ent government was introduced into a convention held about that time to form articles of separation from the State of Vir- ginia." T. M. Green says in his prefatory to the "Spanish conspiracy," published in the year 1891 :
"A few years after this publication was made by Magru- der, an exposure of the plan to which he referred was made in 1806 in the columns of 'The Western World,' a newspaper published at Frankfort, Kentucky. As an effect of that ex- posure, John Brown, one of the principals engaged in the plan, deemed it expedient at the early age of forty eight to re- tire forever from public life, and, as far as possible, to with- draw himself from public observation, while Sebastin, his friend and one of his coadjutors was driven in merited dis- grace from the bench of the Court of Appeals. The Legisla- tive investigation which was forced by that exposure, and the results of the judicial inquiries which he had himself invoked, left the unhappy Innis, another of John Browns' associates in the plan, nothing of which to boast and everything to most bitterly lament. And though a Scotch verdict of acquittal
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THE HISTORY OF FRANKLIN COUNTY.
was given to James Wilkinson, the prime mover and leader in the plan by the court-martial which was organized for the purpose, yet his own letters since obtained from the Spanish archives establishes the indisputable truth of the charges made against him, and no one now questions his guilt." Ile says further :
"In these pages are produced, in their logical connection and relation to each other, the proofs known to the writer, which show that, while Kentucky was yet a district of Virginia, an engagement was entered into by James Wilkinson with Miro, the intendant of Louisiana, to separate Kentucky from the United States, and to subject her people to Spain; that as a result of this intrigue between Wilkinson and Miro, a propo- sition was, a few months thereafter, made by Gardoqui, the Spanish minister to the United States, to John Brown, then a member of the Old Congress from Virginia, to grant to the people of Kentucky the privilege of navigating the Mississippi, which Spain refused to the people of the United States, on condition that the people of Kentucky would first erect them- selves into an independent State and withdraw from the Union ; that John Brown, assenting to the proposition made to him by the representative of the government of Torquemada, promised to aid the design; that in accordance with the en- gagement made by the one and the assurances given by the other, Wilkinson and Brown, on their return to Kentucky, conspired with each other, and with Benjamin Sebastin, Harry Innis, Caleb Wallace, Isaac Dunn and others to accomplish the separation which had been concerted with the Spaniards, did all that they dared do to bring it about, and that their movements in the Danville Convention of July and Novem- ber, 1788, which were so happily frustrated, were agreed upon and directed to that end."
Mr. Green shows a bitterness and vindictiveness in "The Spanish Conspiracy" which are not fully justified by the facts and circumstances which surround the case.
Steam cars were not thought to be possible at that time. Transportation for farming produce and other freight overland. in wagons, to and from the territory of Kentucky was a gigantic
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THE HISTORY OF FRANKLIN COUNTY.
undertaking; so tremendous a proposition was it, and so earnestly did the pioneers desire to have a waterway for the . transportation of their freight to the ocean, that a plan was formed to lock and dam the Kentucky river to the three forks, thence up the south fork and Goose Creek to the salt woods, thence by a canal thirty-six miles long with 160 feet of lock- age into Cumberland river at Cumberland ford; thenee four miles in Cumberland river to the mouth of Yellow creek; thence by canal, in the bed of Yellow Creek to Cumberland Gap; through Cumberland Gap by a tunnel probably 700 or 800 yards long, and by canal from thence to Powells river five miles below ; down that river successively into Clinch and Ten- nessee river and up Hiwassee river by locks and dams; from the Hiwassee continue the improvement by a canal to the navi- gable waters of the Savannah at the head of steamboat navi- gation on that river.
The Spanish government had refused to permit the United States to use the waters of the Mississippi for transportation of their freights; a great many Kentuckians doubtless thought that the only thing they could do, in order to reach a market for the produce from the fertile soil of the territory, was to be- come a part of the government which could do the most for them. Kentucky had been overrun with Indians; their dep- redations had been frequent and the loss sustained by reason thereof had been severe; the citizens of the territory had made frequent and earnest appeals to the national authorities for help, and each time their appeal had been ignored or refused ;- these conditions caused many of the leading citizens of the territory to become dissatisfied with the National Government. Then, too, the bond of union between the states and territories of that early date was not considered in the same light as it has been since the termination of the war between the states.
E. Spillsbee Coleman settled in South Frankfort about the years 1806 and established a tan-yard near a spring known then as Brown's Spring, named for Hezekiah Brown who lived adjacent; it was later called Coleman's Spring. In the year 1807, the two bridges across Elkhorn at the Forks were rebuilt; the one across the South Fork was let to Benjamin Head, for
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THE HISTORY OF FRANKLIN COUNTY.
which he was allowed the sum of $78.25; the one across North Elkhorn was let to Hezekiah Keeton as contractor and builder.
Jeremiah Myers, an inmate of the Frankfort penitentiary, set fire to that institution on the 22nd day of March, 1807, and a part of it was burnt; on trial it was found that the law was not sufficient to punish him.
In the year 1808 the Legislature passed an act to establish a State Bank; it was fixed at Frankfort, but to follow the seat of government if moved; its capital stock was one million dol- lars. It was in operation for only a short time.
John Lindsey was appointed constable February 15, 1808, and in the following March John A. Mitchell resigned as jailer of the county, and Paschal Hickman was appointed ; Jim, John and Stephen Arnold were his bondsmen. At the same term of court Elisha Herndon was appointed constable on the south side of the river, and Daniel Weiseger was re-ap- pointed clerk of the County Court.
On August 5, 1808, Robert Blackwell became the eighth sheriff of the county, and Christopher Greenup produced a commission from Charles Scott, governor, appointing him a magistrate of the county.
William MeBrayer became the 9th sheriff of the county, June 19, 1809; John Arnold was re-appointed magistrate and at the same term of court it was ordered that the fence around the court should be extended around the public square so as to include the Capitol and court house.
Stephen Arnold died December 18, 1809, and his father James Arnold died February 19, 1810. John Milam was ap- pointed his administrator and Scott Brown was appointed to ap- praise the "slaves and personal estate" left by him. The de- scendants of all the above named parties have been prominent in Franklin county during the past century.
The total amount of unpaid claims against the county on the 1st day of November, 1809, amounted to $1,466.22.
Steel's ferry was established in 1810, and a bridge was built the same year by the county across the south fork of Ben- son Creek near Richard Smart's; at the same court James Blair was elected County Attorney; prior to his election the county
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THE HISTORY OF FRANKLIN COUNTY.
had no regular attorney. Zadock Cramer, editor of the Navi- gator published at Pittsburg, Pa., in 1810, said that Frank- fort, at that time, contained about one hundred and forty houses, which would give it a population of from 600 to 800 people. He said that Frankfort had three printing offices, one book-store, a circulating library, book bindery, eighteen mer- cantile stores and one State Bank; he also said in his article that a "steamboat, that is, a large boat to be propelled by the power of steam," was on the stocks a short distance above Frankfort. This boat was probably the "Kentucky," which was the second steam boat built in the State, and which was intended to navigate the Ohio and Mississippi rivers.
The editor was told that Governor Greenup had in con- templation the erection of a glass factory at Frankfort, in order to utilize a bank of fine white sand thrown up by the river, a short distance below the town; there also being agitated the question of establishing a "brew house" at Frankfort.
On motion of Martin D. Hardin on February 19th, 1810, John J. Marshall and himself were admitted to practice law, whereupon they took the oath of office.
A list of the attorneys at the Frankfort bar in the year 1810, included Martin D. Hardin, John J. Marshall, John II. Hannah, William Littel, Adam Beatty, John Rowan, Isham Talbott, William B. Blackburn, Thomas C. Lewis, Robert B. McAfee, John Allen, James Blair, Humphrey Marshall, Jas. Hughes, Matthew Lodge, William Hunter and James Craw- ford.
Isham Talbott, one of the leading lawyers of Frankfort, was in the habit of walking with his head thrown back. On one occasion a man by the name of Williams was digging a well and had gotten down about ten feet. Talbott came along, with his head up, and fell in the well on top of Williams; and this so enraged him that he called Williams a damn thief be- cause he failed to warn him of his danger. Talbott was very profane. The county records show he was presented and fined several times for using profane language.
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THE HISTORY OF FRANKLIN COUNTY.
CHAPTER VI.
1810 to 1820; Course of Events.
On the motion of Daniel Weiseger, clerk of the County Court of Franklin county. Alexander Rennick was appointed Deputy County Clerk, on Monday the 18th day of February, 1811; at the following April term, Robert McKee was granted a license to build a warehouse at the mouth of Benson Creek, for housing hemp, tobacco and flour; on the same day Christopher Greenup resigned his commission as justice of the peace.
During the year 1811 both of the bridges across Elkhorn creek, at the Forks, were rebuilt by the County Court. On June 17th, 1811, John M. Scott was appointed sheriff of the county; and at the same term of court Martin D. Hardin presented his commission as justice of the peace in, and for the county. On the same day Richard Taylor was granted the right to establish a public warehouse on the Kentucky river at the mouth of Leestown branch, which was known as "Lees- town warehouse;" it was used for storing tobacco, flour and hemp.
On December 16. 1811, Daniel Weiseger resigned as County Clerk, and William Trigg was "unanimously" ap- pointed to take that position. Martin D. Hardin and John Morris were appointed a committee to inspect the clerk's of- fiee; on the same date a hogshead of tobacco marked "J. F. No. 48 Gross, 1653 tare 166 neat 1448," having been in ware- house over two years was ordered sold, no one claiming same.
The records of the Franklin County Court, show, that during the year 1812 Benjamin Hickman was elected con- stable by the trustees of Frankfort for said city, and that the sheriff was allowed a credit for two hundred and forty-five "titheables" which he was not able to collect ; it also shows that the court allowed the sum of $24.00 per year for keeping a pauper.
Prior to the repeal of the act under which a person could
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THE HISTORY OF FRANKLIN COUNTY.
be imprisoned for debt, a large number of men were confined in the county jail, and in order to prevent too many men from being crowded together there were certain imaginary lines, known as "Prison Bounds," over which the trusty prisoners were not permitted to pass. During the year 1812 it was "ordered that part of the prison bounds that include Captain Taylor's old stable be taken off, and the like quantity be ex- tended up Montgomery street in such manner as to include Samuel's tavern, thence down to the former boundary by Cap- tain Weiseger's."
John M. Scott having died in office (sheriff) William Hall was commissioned sheriff of the county, December 21, 1812. In the early part of 1812, "the Kentuckians, more at- tentive to the voice of distress, than to the laws of their country volunteered to the number of sixty or seventy men, under the command of Col. Anthony Crockett, and Captain John Arnold, and were marched to Vincennes to see what was the matter, and ten days after, marched home again, to tell they knew not what." (Collins' History.) This company was composed entirely of Franklin County men.
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