USA > Kentucky > Franklin County > The history of Franklin County, Ky. > Part 6
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"INHUMAN OUTRAGE."
On Friday, the 10th inst. a most savage and atrocious murder was committed on the body of Abraham Carter, a re- spectable citizen of Franklin county. The scene of this
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THE HISTORY OF FRANKLIN COUNTY.
diabolical butchery was at the Forks of Elkhorn, in the porch of a tavern occupied by Mr. Benjamin Luckett. Mr. Carter was stabbed in the groin, his skull was broken to pieces by a gun, and other parts of his body injured; he expired in a few hours. The indictment against Holeman gives not only the historical fact of the crime, but it shows the particularity with which in- dictments were drawn. The indictment charges that Jacob HI. Holeman and William P. Greenup, of Franklin county, "Not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the 16th day of
July, 1819, with force and arms, in the county aforesaid, in and upon Francis G. Waring, in the Peace of God, and of said Commonwealth then and there being feloniously, willfully and of their malice aforethought did make and assault, and that the said Jacob H. Holeman, a certain pistol, then and there loaded and charged with gunpowder, and one leaden bullet, which pistol, he, the said Jacob H. Holeman in his right hand then and there, had and held to, against and upon the said Francis G. Waring, then and there feloniously, willfully and of his malice aforethought, did shoot and discharge giving to the said Francis P. Waring then and there with the leaden bullet aforesaid, by the said Jacob H. Holeman, in and upon the right breast of him, the said Francis P. Waring, a little behind the right pap of him, the said Francis P. Waring one mortal wound of the depth of nine inches, and of the breadth of half an inch, of which said mortal wound the aforesaid Francis P. Waring then and there instantly died."
The indictment further charges that Willson P. Greenup was present, aiding, abetting, etc. After a long trial the jury brought in a verdiet of "not guilty."
At the July Court, 1819, the grand jury indicted the County Court "For not keeping a sufficient jail." There was a verdiet and judgment against the defendants. The defend- ants thereupon moved the court to "set aside and arrest the judgment herein for the following reason, viz: The Court erred in giving judgment for money when the penalty is im- posed in tobacco."
There was an act to establish an Independent Bank at
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THE HISTORY OF FRANKLIN COUNTY.
Frankfort, approved January 26, 1818. It was denominated the Frankfort Bank with a capital stock of $500,000.00, divided into 5,000 shares of $100.00 each; under the direction of John H. Hannah, Henry Crittenden, Samuel Lewis, William Hunter and George Adams; at the same session the trustees of Frank- fort were authorized "to open a street upon the top of the bank of the Kentucky river between Ann and Wapping streets, by extending Ann street down and Wapping street up said river, said street to be 30 feet wide and shall be called and known as "Water street."
This improvement has never been made, but the necessity for it has been urgent for the past century.
There was an act approved January 31, 1818, which authorized a company to "make an artificial road from Lex- ington, by the way of Versailles, to Frankfort" and the same act provided for the re-incorporation of the Frankfort and Shelby- ville turnpike road.
Public roads and water-ways were the only means of transportation known to the people at this early period in their history. Much attention was paid to the construction of roads, and every available means was used in securing water transpor- tation.
There was an act of the Kentucky Legislature, approved February 10, 1819, "To Incorporate a company to improve the navigation of Elkhorn." The purpose for which the corpora- tion was formed is set ont as follows: "That a company be incorporated to improve the navigation of Elkhorn, commenc- ing at the mouth thereof on the Kentucky river, thence up Elk- horn to the Forks thereof, thence up the north Fork to the neighborhood of Georgetown and from the Forks up the south Fork to the neighborhood of Lexington."
The capital stock was one hundred thousand dollars. Books were opened to take subscriptions at Georgetown, Ver- sailles and Lexington.
In 1820 the Governor was authorized to make such repairs on the "Governor's house" as he may deem necessary for the preservation of the building and the decent appearance of the
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house, and for building a brick stable and carriage house on said lot."
A few of Franklin county's public men of this period are mentioned as follows: George Adams, represented the county in the Kentucky Legislature in 1810, 1811 and 1814; Martin D. Hardin in 1812, 1818 and 1819; John Arnold in 1813; John J. Marshall in 1815 and 1816; Philip White also in 1816; George M. Bibb in 1817: Charles S. Todd in 1817 and 1818; Harry Innis was Judge of the United States Circuit Court for the District of Kentucky from 1784 to 1816; John Brown was twice a Representative and three times a Senator in the Congress of the United States.
Thomas Todd was Judge of the Court of Appeals in 1801. Chief Justice in 1806, and was an Associate Justice of the Su- preme Court of the United States from 1807 to 1816.
Harry Toulmin was Secretary of State under Governor Garrard from 1796 to 1804.
Isham Talbott was a member of the State Senate from 1812 to 1815, and was United States Senator from 1815 to 1825.
George Madison was State Auditor from 1796 to 1816, and was Governor of Kentucky in 1816.
George M. Bibb was a Judge of the Court of Appeals of Ken- tucky in 1808, and was Chief Justice in 1827; he was again Chief Justice in 1827 ; he was United States Senator from 1811 to 1814 and from 1829 to 1835, and was Secretary of the Treasury under President Taylor in 1819.
Humphrey Marshall was United States Senator from 1795 to 1801, and was a member of the Kentucky Legislature from Franklin county in 1808 and 1809. lle was the author of Marshall's History of Kentucky.
William Littell was Reporter of the Court of Appeals, and was compiler of the Statute Laws of Kentucky.
Martin D. Hardin was a Major in the war of 1812; Secre- tary of State during Governor Shelby's second term and was United States Senator in 1816.
John J. Marshall was Representative of Franklin county
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in the Kentucky Legislature in 1815, State Senator from 1820 to 1824, and Court of Appeals Reporter from 1829 to 1832.
Charles S. Todd was Colonel on the Staff of General Har- rison in the war of 1812; was Secretary of State under Governor Madison ; Representative of Franklin County in the Kentucky Legislature in 1817 and was the Agent of the United States to Columbia, and minister to Russia under President Harrison in 1841.
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THE HISTORY OF FRANKLIN COUNTY.
CHAPTER VII.
From 1820 to 1830.
The records of the County Court show that during the year 1821, a bridge was built across the Leestown branch near its mouth ; this stream has more recently been known as the Cove Spring branch.
William T. Johnson was appointed keeper of the Benson bridge; his especial duty was to take the drift from the bridge, and protect the bridge during high tides.
Stanley P. Gower who had been appointed Jailer to serve out the unexpired term of Benjamin Hickman, was re-ap- pointed for the full term.
Scott Brown being the oldest magistrate from a point of service, was appointed, and commissioned by the Governor as Sheriff of the County June 18th.
The County Court made an agreement with Francis P. Blair who was at that time Clerk of the Franklin Circuit Court. to build a Circuit Clerk's office on his lot, located on the corner of Broadway and Lewis streets. This office was located where Kagin's restaurant now stands; the Court House at that time was on the southeast corner of Capital Square, just across the street from this office.
During the decade from 1820 to 1830 eight men in the County made proof that they had been Revolutionary soldiers, and were placed on the pension list. Their names are as fol- lows: John Saterwhite, John Story, Matthew Cummins, Lieut. Samuel Woods, James Montgomery, Henry Roberts, Mashack Pearson and James Bisco. In addition to these, there was proof introduced to show that Capt. Matthew Jouett died from the effects of a wound received in that war, and that John Jouett was his only son, and heir at law.
At the end of this decade there were forty-three Revolu- tionary soldiers living in Franklin County; in addition to the eight above named there were on that roll the following, to-wit : Austin Lawler, Captain ; Moses Hawkins, Moses Perkins, James
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THE HISTORY OF FRANKLIN COUNTY.
Hayden, Thomas McQuiddy, Joseph Vance, Jolm Oliver, Capt. Joseph Mitchell, Capt. Thomas Patterson, Alexander McClure, John Stephens, Thos. C. Scroggins, John Steele, Levi House, James Hayden, Benjamin Penn, John Jacobs, Philip Webber, Ambrose White, Lawrence Gordon, George King, Basil Carlisle, Robert Craig, Philemen Grancy, Dr. John Roberts, Samuel Syeva, Major Thomas Quirk, John Reading, Robert Hedges, Col. Anthony Crockett, Silas Douthett, James Taylor, John Magill and Thomas Keaten. A large number of the Revolu- tionary soldiers who lived in the county died prior to the year 1820.
In the year 1822 the order abolishing the office of County Attorney was rescinded, and an order entered re-establishing that office, and fixing the salary at one hundred dollars per year; and thereupon Harry J. Thornton was appointed County Attorney.
During the same year the County Court appointed Achillies Sneed, Allen F. Macurdy, Jepthia Dudley, Roger De- vine and Amos Kendall, commissioners to let out and superin- tend the re-building the County Jail, and repairing the Jailer's residence. A full description of the plans is given in the Or- der book "G," page 291, Franklin County Court Clerk's office. These buildings were located on Clinton and Lewis streets, across from Bowman Gaines' livery stable, and where the col- ored Methodist church now stands.
In 1820 the Franklin County Court established the town of Lawrenceburg. In 1822 James Parker and James B. Wallace were appointed patrols for that town, and in 1827 the Legisla- ture took that portion of Franklin County to help form the County of Anderson.
In the year 1822 there were 2611 tithes assessed in the county at $1.37 1-7 per tithe. During this year Charles S. Bibb and Patrick H. Darby were admitted to practice law.
In this year there was passed an Act to amend the Act incorporating the Frankfort and Shelbyville Turnpike Road Company. Section two of said Act was as follows: Be it further enacted that the said Company of Frankfort and Shelbyville are authorized and empowered to erect one tollgate
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THE HISTORY OF FRANKLIN COUNTY,
at or near Matthew Clark's in Franklin County: provided, that said Company shall not receive more than half the toll hereto- fore allowed by law, and provided further, that all the citizens southwest of the Kentucky river, residing in Franklin County shall pass toll free on all County Court days, and election day -.
In the year 1823 John McIntosh was appointed Jailer, and Daniel James came into court and resigned his office as keeper of the stray pen in the County, and thereupon Simeon Beckham was appointed to fill that office. At the same term of Court the overseers of the roads leading through Lawrence- burg were directed to work and keep in repair the street and alleys of that town.
Porter Clay, a Baptist preacher, and brother of Henry Clay, and John J. T. Mills, a Methodist preacher, were granted testimonials of honesty, probity, etc., and were empowered to perform marriage ceremonies.
On account of the death of Willis A. Lee, Clerk of the Franklin County Court, Alexander H. Rennick was appointed Clerk, and Andrew R. Lindsey was appointed deputy on No- vember 15th, 1824. During that year Jacob Swigert resigned the position of magistrate and accepted that of Clerk of the Court of Appeals.
In 1823 there were assessed 2771 tithes at 75 cents each, and in 1825 there were 2908 tithes assessed at one dollar each.
In the year 1824 the County Court directed John Brawner to build a bridge across main Benson Creek. Scott Brown's term of office having expired, Clement Bell was appointed Sheriff in June, 1823; and the office becoming vacant, John Walker was appointed in 1824.
In 1822 there was an Act of the Legislature establishing a public Library at the seat of Government; this was the begin- ning of a magnificent Law Library, and also of a good collec- tion of miscellaneous books. The same Legislature added to Franklin County all of that part of Owen County, "Beginning at West's Landing on the Kentucky river, running to Van West's including Saint West's in Franklin County ; thence a straight line to the nearest point of the Franklin and Owen County line."
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THE HISTORY OF FRANKLIN COUNTY.
The keeper of the Penitentiary was authorized to build a smoke-house within the Penitentiary; at that time a great deal of pork was packed in and about Frankfort. Pork pack- ing was one of the chief industries of the County for many years.
In the year 1821, it was resolved by the General Assembly of the Commonwealth of Kentucky, that a tombstone be erected to the memory of General Charles Scott, a hero of the Revolu- tion. General Scott died in 1820, at his home in Woodford county, aged eighty years. His remains were interred in the Frankfort Cemetery, November 8th, 1854. (See Sept. Regis- ter, 1903.) One to the memory of Col Christopher Greenup, and one to the memory of Major George Madison, late Gover- nors of Kentucky, with suitable inscriptions on cach, and that they be furnished by the keeper of the Penitentiary, and that the same be placed over the respective graves, under the direc- tion of the Governor.
In 1825 Thomas Page was allowed the sum of $280.00 for his services in erecting monuments over the graves of the late Governors Madison and Greenup, and the late Thomas Doller- hide, Senator from the Counties of Pulaski and Wayne, and inclosing the same. In 1842 the remains of these distinguished men were removed from the burying ground north of the city, to the Frankfort Cemetery, and new monuments were erected by the State.
In 1821 the Legislature passed an Act abolishing imprison- ment for debt, and subjecting equitable interest to execution. This very materially affected the interest of all debtors in the County ; the wonder is that such a relic of barbarism should have been permitted to remain so long upon the statute books of the State.
Some time prior to 1816 the State granted certain lottery privileges, and from the proceeds four thousand dollars were raised with which a church was built on the Public Square; it was located on the southwest corner near Broadway and Madi- son streets; it was non-sectarian, and was used interchange- ably by all denominations. This was the first church built in the town, and was for many years the only church. In 1821
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THE HISTORY OF FRANKLIN COUNTY.
"There was an Act to amend an Act concerning a House of Public Worship in the town of Frankfort;" the amendment re- pealed the power of the Governor to appoint, and empowered the pew-holders, and the qualified voters of the City of Frank- fort to elect "The Trustees of the House of Public Worship in the town of Frankfort."
At the same term the Governor was empowered to have a stone wall built in front of the "Governor's House" and have same properly coped. John Bartlett, John Crutcher, and James I. Miles were empowered to build a bridge across Main Elkhorn, where Knight's bridge is now located, and they were granted the right to charge and collect certain tolls, from parties cross- ing same.
The first Sabbath school in Kentucky was established in March, 1819, in Frankfort, with from thirty to thirty-nine scholars. During the year ending September 30, 1822, those who distinguished themselves by their assiduity were, A. M. B. Crittenden, who memorized 2,851 Bible verses in twelve months; Cornelia Crittenden (six years of age), 2,177; Mar- garet B. Sproule, 2,022; Emily South, 1,908; Cordelia Price, 1,514; Maria R. Miles, 2,010; Elizabeth S. Todd, 1,373; Ann Price, 1,202; Ann Miles, 1,039; Catherine Baltzell, 1,028; Jane Castleman, 742; Gabriella Lewis, 565; Maria Lewis, 544; Agnes Todd, 471; M. A. Watson, 404; Margaret Smith, 558; Arabella Scott, in six months, 893; Elizabeth Scott, in five months, 719; Nancy McKee, in four months, 601; Louisa Jones, in three months, 630; Mary Lafon, in three months, 364. The number of verses memorized by all the scholars, collectively, is 36,640. One class during two years and a half attendance read the Bible once entirely through, and some books of it several times over, memorized from five to seven thousand verses each-were per- fect in Brown's, and the Assembly's Shorter Catechism-had each searched out, transcribed and memorized nearly six lin- dred verses of Scripture proofs in support of the doctrines which they had been taught, and had drawn, and studied maps of such parts of the world as are connected with Scripture history." (Collin's History, page 244.)
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TIIE HISTORY OF FRANKLIN COUNTY.
The Sabbath school referred to, was founded by Mrs. John Brown in the Love House.
There was a resolution appointing a committee to inquire into the cause of the destruction of the Capitol, approved No- vember 5, 1824.
John Brown, Daniel Weiseger, John Harvie, John J. Crit- tenden, Peter Dudley, Evan Evans and James Shannon (all of them were Frankfort men) were appointed a committee to rebuild the State Capitol; they were empowered to employ an architect, and given general power in reference to the re-con- struction, and directed to build "a suitable Capitol." Fifteen thousand dollars in money was appropriated, and the commis- sioners were allowed to use certain material at the Penitentiary, not exceeding in amount the sum of five thousand dollars.
The above-named Commissioners, with this small sum, supplemented by private donations from the public-spirited citizens of Frankfort, constructed the old Capitol building, which still stands as a monument to them. When it was built it was considered a model of neatness and beauty; the plan of architecture was the finest ever used on the Western Continent. and it was second only, in point of grandeur to the National Capitol at Washington.
In order to understand the condition of affairs in the county in 1825, it is necessary to consider a few things which led up to the formation of the Relief and the Anti-Relief par- ties. These parties grew out of the disturbed condition of the financial affairs of the country prior to the year 1818, which ro- sulted in the withdrawal of gold and silver, to a large extent, from circulation and an inflated currency having taken their places.
Kentucky had chartered about forty banks, with an ag- gregate capital of more than ten million dollars. During the summer of this year, the State was flooded with the paper of these independent banks. Speculation ran rife; the whole country seemed to have gone daft on the subject. Within the next two years nearly all of these banks had failed, and the pressure of debt was greater than was ever known before in the history of the country. The Legislature of 1819-20 passed a
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THE HISTORY OF FRANKLIN COUNTY.
twelve months replevy law; and that of 1821 chartered the Bank of the Commonwealth ; this bank was not required to re- deem its notes in specie, though made receivable for taxes and all debts. Lands owned by the State west of the Tennessee river were pledged for the final redemption of these notes, and if a creditor refused to receive this paper for his debt, the law per- mitted the debtor to replevy for two years. This new bank is- sued such an immense quantity of paper money that it sank to less than half of its nominal value, and creditors had to take it at its nominal value in full payment of their debts, or wait two years, and risk the bankruptcy of their sureties on the re- plevying bonds.
The power of the Legislature to pass such an Act, was held by Judge Clark, of the Circuit Court, to be unconstitutional. The Legislature was convened in extraordinary session which resulted in nothing being done. The case was then passed on by the Court of Appeals, and the opinion of the lower Court was upheld. The opinion of the Court of Appeals created the greatest excitement that was ever known in the State, the financial interests of almost every man in the State were ef- feeted in some way, and the storm center was at Frankfort. The Relief party was led by Judge Rowan. Judge Barry. Col. Solomon P. Sharp, T. B. Monroe, and others, while the Anti- Relief side was led by Judge Robertson, John J. Crittenden, Ben Hardin, Robert Wickliffe, and men of that class. the leaders on both sides being men of national reputation.
The campaign for State offices and seats in the Legislature for 1824 was very bitter, and all kinds of charges and counter charges were made against the candidates. The result was favorable to the Relief party, though the majority was not suf- ficiently large to give that party the two-thirds majority which was necessary in order to remove the incumbent members of the Court of Appeals.
The Relief party not being able to impeach the Court, it passed a bill repealing the Act by which the Court of Appeals had been organized ; after which an Act was passed re-organiz- ing the Court. The debate continued for three days, and to a late hour each night, John Rowan for and Robert Wickliffe
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THE HISTORY OF FRANKLIN COUNTY.
against the measure. The most intense excitement prevailed ; the lobbies were crowded to suffocation. Visitors from every section of the State were present, State officials were on the floor of the House lobbying for the Relief party, "Great disorder pre- vailed, and the Governor himself was heard to urge the calling of the previous question." The bill was passed by a good ma- jority in both the House and Senate, and was signed by the Governor as soon as presented to him, and in a short time a new Court of Appeals was organized. The old Court claimed that these proceedings were irregular, unconstitutional and void, cach claiming to be the Court of last resort; this was the condition of affairs when the race for the Legislature was made in 1825. Never before in the history of the State had the pas- sions of men been raised to such an intense heat ; the excitement during this campaign was greater than ever known before. The Relief or New Court party was largely dominant in Franklin County, and in order to overcome the majority, the Old Court party selected as candidate for the State Legislature John J. Crittenden, who had represented the State in the United States Senate, and who had served in various other public places with distinction ; a man of international reputation, and the idol of Franklin County people, as a lawyer, statesman and orator. He was the greatest this country possessed in that day.
The New Court party selected a man of national reputa- tion in the person of Col. Solomon P. Sharp; Col. Sharp had served two terms in the Kentucky Legislature, and two terms in the lower House of the United States Congress, and was then holding the position of Attorney General of the State, which position he resigned for the purpose of making the race for Representative. Col. Sharp was also an orator, and a great friend of the common people. It was thought he was the only man in the county who had a chance to defeat Mr. Crittenden. The contest between these two great men soon became of State and almost of National interest; every method known to modern politics seems to have been used in that day. The political contest stirred the county of Franklin from center to circum- ference ; the friends of both sides were accused of buying votes, and of voting ex-convicts, charges being made that the in-
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THE HISTORY OF FRANKLIN COUNTY.
mates of the Penitentiary were dressed in citizen's clothes and voted for the New Court candidate. Col. Sharp had sixty-nine more votes than Mr. Crittenden, but in the contest between Mr. Crittenden and James Downing another representative of the New Court party, the popularity of Mr. Crittenden casily overcame the majority which Col. Sharp had secured in his race. During these exciting times, there were five newspapers ably edited and published in Frankfort. The Argus and the Patriot were advocates of the New Court. The Spirit of Seventy Six, The Commentator, and The Constitutional Advocate were for the Old Court.
Amos Kendall, the editor of The Patriot, was, perhaps the ablest editor of that period; he was in the very thickest of these political fights, and thereby made for himself a reputation which ultimately placed him in the Cabinet of President Jack- son, as Postmaster General. His opponents called "The Patriot" the "mud machine;" on the other hand, John J. Marshall, and Patrick Henry Darby were able representatives of the other side. "The Spirit of '76," edited by John Marshall, was called by "The Patriot." "The Spirit of Seven and Six Pence."
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