Daviess County, Kentucky - Chapter 4: Organic, Legal and Political, 1883

Chapter 4: Organic, Legal and Political

Under tlie above caption we classify such historical matters as relate to the organization oi' the county, the officers and representatives of the count}', political notes, election returns, the courts, and the bar. In the next chapter we give biographical sketches of the more prominent public men of the county, both of the past and of the present. As tlie public records are not complete in all departments, and the memory of the "oldest inhabitant" not quite able to give names and dates for every period back to the year one, there are a few blanks in some of the lists which we are not able to supply.

Oeigin Of Thk Cohnty And Of Its Name

Previous to 1780, Kentuckj' was a county of Virginia. In May this year it was divided into three counties - Jefferson, Fayette, and Lincoln; in 178i N"el8on Countj' was formed out of Jefferson; in 1792, after Kentucky became a State, Hardin was formed frort Nelson County; in 1798 Ohio was formed from Hardin; in 1815 Daviess was formed out of Ohio; and in 1864 McLean County was formed from portions of Daviess, Muhlenburg and Ohio. Previous to the latter date Daviess County extended south to Green River. At one time a small strip, containing about 150 settlers, was transferred from Ohio County to Daviess; in 1829 a piece was taken from Oaviess in the formation of Hancock County; and about iS57 tlie western line of this county was moved about four miles down tlie river.

Skc. 1. Be 'd eiiacfid hy the General Assembly of the Vommonwe"ltk (f KmtucJcy, That from and after the first day of June nc.j, uil that part of the county of Ohio included within the following bounds, to wit; Beginning at the mouth of Blackford's

Creek, tyience up the same to tlie mouth of the Horse Fork, thence np the same, so as to indude Joseph "Wright, thence to the upper end of the Crane Pond, on Panther Creek, thence a straight line to the head of Puck Creek, so as to include Baxter Davis, crossing the Hammond Ferry road, at tlie forks of tlie said road and the 7ellow Bank road, and down the same to Green River, thence down Green River to the Henderson County line, thence with said line to the Ohio River, thence up the same to the beginning - shall be one distinct county, and called and known by the name of " Daviess." A court for the said county siiall ne held by the justices thereof on the second Monday in every month in which the Circuit Courts are not hereafter directed to be held.

Sko. 2. Be it further e/iaoted, Tliat the justices named in the commissions of the peace for said county of Daviess shall meet at the house of John Leaman, in said county of Daviess, on the first court day after the said division shall take place, and having taken the oaths prescribed by law, and a sheriff being legally qualified to act, the justices of the County Court shall proceed to appoint and qualify a clerk.

Sec. 3. And he it further enacted. That Benjamin Fields, John Daveiss, David Glenn, Sr., John McFarland, Edward Hayden and John Leaman, of said county of Daviess, be, and they are hereby, appointed commissioners to fix a place for the permanent seat of justice in the said county of Daviess, who shall meet at the time and place appointed for the first meeting of said justices, or as soon thereafter as the said commissioners can; and each having taken an oath before some justice of the peace to discharge the duties of a commissioner, in fixing on a seat of justice for the county of Daviess, without favor, affection, partiality or prejudice, according to the best of his skill and ability, they, or a majority of them, shall proceed to fix on a place for the permanent seat of justice for said county, having due regard to public convenience, of water and situation, as it respects the capacity of the land in said county for sustaining present and future population. And, having ascertained the place aforesaid, they shall certify under their hands the same to the County Court.

And they, the said commissioners, for their services, shall be allowed each $2.00 per day for every day they shall necessarily be employed in performing their said duties, to be levied and paid out of the first county levy; and thenceforth the said County Court shall cause to be erected at such place the necessary public buildings; and, until such buildings are erected, shall hold their several courts in the most convenient house to said place. Each court shall appoint its own clerk, a majority concurring therein; but a majority of tlioao present on any court day may appoint a dark pro tempore.

Sec. 4. Be it farthet- enacted., That the Circuit Court for the county of Daviess shall be held annually on the second Monday in tlie months of April, July and October.

Sioc. 5. And he it further enacted, Tliat it shall be lawful for the sherift" of the county of Ohio to collect and make distress for any public dues, and officers' fees, which shall remain unpaid by the inhabitants of the said county of Daviess at the time such division shall take place, and shall accoimt for the same in the same manner as if this act had not been passed. And the courts of the county of Ohio shall have jurisdiction of all actions and suits, either in law or equity, which shall be depending before them at the time of such division; and shall determine the same, issue process and award execution thereon.

Seo. 6. lie it further enacted., That the citizens of the said county of Daviess shall vote for members to serve in the General Assembly, as joined with and making a part of the county of Ohio, in the same manner as heretofore, until the next apportionment of the ratio of representation by the Legislature of this Commonwealth, except that the sheriff of said county shall meet the sheriff of the county of Ohio on the first Friday afV.er the election shall have closed at the court-house in Ohio County, and shall compare the polls and declare the election accordingly.

Sp:c. 7. And be it further enacted, That it shall be the duty of the circuit judge belonging to the said district to attend and proceed in the Circuit Courts of the said county.

The above act was approved just three days after the battle of New Orleans. Had the act not been passed until after the news of Jackson's victory there had been received, this county might have been named after that hero.

During the following month the Legislature passed a supplemental act, making it the duty of the surveyor of Ohio County, by himself or his deputy, to run out and plainly mark the line between the counties of Daviess and Ohio, and report the same to the court of each county; and also making it the duty of the commissioners to return lists of taxable property to the clerk of Daviess County, etc.

This county was named after the eminent lawyer and military hero, Joseph Hamilton Daveiss, a sketch of whom appears on a subsequent page; but, by a mistake in enrolling the bill creating the county, during its passage through the Legislature, the name was spelled " Daviess;" and consequently the name of this county has since been spelled differently from that of the great Daveiss and of his descendants and relatives. Other names in this State have similarly suifered; as. Green, after General Greene; Muhlenburg, from Eev. and General Muhlenberg; Calloway, from Colanel Callaway; Menifee from Hon. Eichard H. Menefee, etc.

The original survey of the lands in this part of Kentucky, as in all the rest of the States, and even in all the older States, was done prior to the modern Government system of square-mile sections coincident with the cardinal points of the compass. Each tract of land was described with reference to adjoining tracts, and generally had irregular boundary lines, which, of course, still exist. Several surveys were made, commencing at points or centers remote from and independent of each other.

Previous to 1792, when "Ken-tuck-e " was under the segis of Virginia, that mother of States from time to time granted lands, sometimes large tracts, to her ex-soldiers, especially officers, of the Revolutionary war. These were called "military lands." Besides, she would also give " certificates, " or "land warrants," to any other party, for a stipulated fee. Each possessor of a warrant was allowed to "locate" his land where he pleased; and although required to be very precise in the recorded descriptions of their tracts, they were often too illiterate to fulfill the requirements of the law. Each owner was required to bear the expenses of the survey, and different surveyors were employed, some of them careless, who would work outward from the respective localities until they came into conflict. Hence, as immigration poured in, conflicts of claims became numerous and vexatious. Sometimes good farms were made, and finally lost by subsequent surveys, even after as many as twenty years occupancy. In one instance, in this county, as many as four surveys covered the same piece of ground! One surveyor in this part of the State commenced on Green Eiver, another on the Ohio, another on Rough Creek, etc. The " Delaport survey " below Owensboro was made by a Frenchman of that name, who, before completing his work, went to Philadelphia, fell in love with an actress, and forever after abandoned the survey. On one occasion a surveyor was running a line along where the present jail is located, not knowing that he was within five miles of the Ohio River.

Generally, liowever, in order to lighten the expenses and diminish the annoyances of a survey, a number of warrants would be thrown together, and parties would often settle by dividing the difference. The lots which were first laid off in Rossboro (now Owensboro), lay one fourth over upon Madison's survey, and the parties settled by taking alternate lots on each side of the line.

Daviess County at present contains about 420 square miles of territory. In 1837 about five voting places were established in the county. Under the Constitution of 1850, requiring precise boundary lines of precincts, seven were described by the County Court in this county; in 1867 nine were laid out, and since then, two more. These are all described in their respective histories toward the latter part of the volume.

Poutical Notes

The election returns, so far as they are now to be found on file in the office of the county clerk, are given on subsequent pages - complete returns for the county in this chapter and fragmentary returns in the respective precinct histories.

During the days of Whiggism, Daviess County, in its aggregate vote, went sometimes one way and sometimes the other. It elected the Whig ticket 1816-'44, 1847-'8, 1850-'5; the American, or Know-lStothing, in 1856-'7; Union, 1861-'5; and Democratic all other years from 1845 to the present time.

The first account we have of a local club being organized for the election of a Presidential candidate is that of the "Daviess County Clay Club," which was formed Peb. 22, 1844. Dr. Murray was elected President of the club, and addresses were delivered at the first meeting by Messrs. Weir, Johnson, Triplett and Mc- Farland. An oyster feast was given afterward by Mr. Heath.

The election of Aug. 2, 1847, was very exciting. The Whig candidates for Congress were numerous, namely: F. Peyton J. II. McHenry, P. Gray, W. Green, and R. L. Waddell. Their claims were submitted to a convention, and R. L. Waddell of

Christian County, was selected. His Democrat opponent was Samuel Peyton, of Hartford, Ohio County, who was an advocate of the Mexican war and a defender of President Polk, while ,he former was opposed. The candidates for the Legislature were William R. Griffith and Finley W. Wall, both Whigs. The former had been a resident of this county more than thirty years, having come here, as he said, "when this region was a howling wilderness, and had seen it transformed to a smiling garden." Mr. Wall was only twenty-six years of age, but had many good qualities to commend him as a legislator. A greater number of votes were polled in this county than ever before - 830 in Owensboro alone, and 1,700 in the county. Griffith, who also was opposed to the proposed Constitutional Convention, fell behind Wall (in favor of the Constitutional Convention) by eight votes in the county. Waddell received 770. to 916 for Peyton.

From Bon Harbor about forty voters for Wall came up in a very large cart, with wheels about twelve feet high, and drawn by nine yoke of oxen, and with banners streaming for Wall and Convention. Friends of both parties strained every nerve, and the old and the sick were all conveyed to the polls.

The railroad tax, referred to under date of 1852 in the following table, was voted down in the county. It was for a road on the line of the present O. & N. road. In 1866-'7 the proposition carried.

An election of Representatives for the extra session of Congress was held on the 20th of June, 1861, in this district, then the Second. Captain James Jackson was the Union candidate, and John T. Bunch "Southern Rights." Jackson carried every county but Daviess, which gave Bunch 194 majority. About 1,700 votes were cast. The district gave Jackson 6,220 majority. At this election Kentucky gave 40,000 or 50,000 majority for the Union.

In the election of Aug. 3, 1863, the ticket headed by C. A. Wickliffe was stricken from the poll-books as being disloyal, under an order from General Boyle, of the United States Army. The majority of George H. Yeaman, Union, over J. H. McHenry, Southern Rights, was 298; in the district, over 5,000. The State Union ticket tliis year consisted of Bell (declined and T. E. Bramlette substituted), Jacob, Harlan, Garrard, Page, Dawson, Stevenson, and Jolin S. McFarland. It was elected.

The election of Aug. 1, 1864, was not influenced by any military interference. J. G. Harrison was the Union Whig candidate for Sheriff, and A. J. McAtee the Union Democrat, whom the Southern Rights party supported, so far as they voted at all. Bat the election of August, 1865, was claimed by the Southern Rights men to be under military control and a farce. Mr. Fettit, editor of the Monitor^ among many others, was refused the privilege of voting, and he commented severely upon the administration, claiming that several loyal Democrats were debarred at the polls. In Owensboro a Federal soldier was stationed on each side of the door at the voting places.

At the election of Aug. 6, 1866, the "Southern Rights" party was successful, as also at succeeding elections generally. Negroes were admitted to the franchise in 1867, and although their first vote, April 6, of that year, in Owensboro, was all given, except two, for the Republican ticket, the Democratic success was greater than before for several years.

The election of April 15, 1867, was held for the purpose of determining whether the county should subscribe $10,000 shares, sufficient to constitute a capital stock of $250,000, in aid of the Owensboro & Russellville Railroad Company. The vote stood 1,231 for, and 1,039 against it.

The "presiding judge" referred to in one election was the title of the judge of the Quarterly Court, consisting of the ten magistrates of the county, who had concurrent jurisdiction with the Circuit Court in_ all except land cases. In 1867 the "Common Pleas" Court was established, but was soon abolished. It had original civil jurisdiction, but not criminal. It was also a Court of Appeal from the Quarterly Courts.

In 1869 the " additional tax" was that of a certain amount for common schools. Although defeated in the county, it was carried by the State.

In 1881 the two cents per $100 was for colored schools. Although the county of Daviess gave a majority against it, the proposition was carried by the State.

Election Eetdbns

The election returns, as now on file in the county clerk's office, are complete for only a few years past, and these we give in this chapter. The fragmentary returns we give only in the respective precinct histories.

Hi8T0E1 Of Daviess County

The following embraces the persons who have filled the various official positions in connection with the government and organization of the county :

Oleeks Of The Cieouit Cotjkt

The first Clerk, George Handley, is still, or was recently, living at Hodginsville, Ky. He retained the position till April, 1827, when he resigned the duties of the office. Horace Allen, who had previously acted as Deputy, became Clerk. Allen died while in office, and was succeeded by John S. McFarland, who resigned the position October, 1845. John' P. Thompson also died while serving as Clerk."

Eepke8Entativb8

In 1788, when this portion of Kentucky was Nelson County, it was represented by John Steele and Matthew Walton, in the convention which ratified the present Constitution of the United States.

Of the earliest justices of the peace, we mention the names of John Calhoon, an eminent lawyer and great man; John Daveiss, who was acting in 1818; and Warner Crow, who had the office at least from 1818 to 1823.

The Courts

Circuit Court. - The Fourteenth Judicial Circuit (or District) was erected by the Legislature of 1821, and comprised the counties of Mnhienburg, Hopkins, Union, Henderson, Daviess, Breckenridge and Ohio. Although this county is not actually named in the law, it was doubtless contained in the above district. 1 Litt. Laws, 400.

By Morehead & Brown's Digest of 1834, the Fourteenth District was made to comprise Mnhienburg, Butler, Ohio, Daviess. Breckenridge and Hancock counties.

By the Revised Statutes of 1852 the Third District was created with the following counties: Breckenridge, Hancock, Daviess, Muhlenbnrg, Ohio, Grayson, Meade, LaRue and Hardin.

At present the Circuit Court for Daviess County convenes the first Monday in March and September and the third Monday in January and July. Lucius P. Little is the present Judge. For a complete list of the circuit judges, see a preceding page in this chapter. Tho January and July terms are Criminal Courts. From 1875 to 1880 there were two judges, - a criminal and a circuit. John Allen Murray was the Criminal Judge and James Stuart the "Circuit" or "Civil."

The records of this court are complete from the organization of the county in 1815 to the present time. As a matter of interest and curiosity in this historical work we will copy the first proceedings of this body :

" At a Circuit Court began and held for the county and circuit of Daviess at the house of Thomas Moseley, Sr., at the Yellow Banks in said county on Monday, the 9th day of October, 1815, and in the twenty-fourth year of the Commonwealth, were present the Hon. Henry P. Broadnax; George Calhoon and Anthony Thompson, Esquires.

"The court proceeded to the appointment of a clerk, a majority concurring therein, and to appoint George Handley, Clerk of the Court, he having produced to the court a certificate from the Hon. John Boyle, "William Cogan and "William Owsley, Judges of the

Court of Appeals, and attested by Achilles Sweet, Esq., their clerk, certifying that he, the said George Handley, has been examined bv their clerk in their nresence and under their direction, and that they deem him well qualified to discharge the duties of clerk to any County Court, Circuit Court, or court of equal dignity within this Commonwealth.

" And thereupon the said George Handley took the oath required by the Federal Constitution, the oath required by the Constitution of this State, the oath of oflBce, and the dueling oath, - which oaths were administered to him by this court, and entered into bond in the penalty of $10,000 with Joseph Allen, Benj. Duncan, Anthony Thompson, Charles Y. Duncan and William E. Griflith, his securities, and which bond is in words and figures following, to wit:

" Know all men by these presents, That we, George Handley, Joseph Allen, Benjamin Duncan, Anthony Thompson, Charles Y. Duncan and William R. Griffith, are held and firmly bound unto the Commonwealth of Kentucky in the penal sum of $10,000, current money, and for the payment whereof we bind ourselves, our heirs, etc., jointly and severally, firmly by these presents, sealed with our seals, and dated this 9th day of October, 1815.

" The condition of the above obligation is, that if the above bound George Handley, who has this day been appointed clerk of the Circuit Court of Daviess Couii!;', shall truly and faithfully discharge the duties of said office according to law, then the above obligation to be void, else to remain in full force and value.

As early as 1868 a movement was set on foot for sccui-itig the establishment at Owensboro of the seat of a new Federal Judicial District. In the following winter a bill was introduced in Congress for the creation of an additional district for Kentucky, and Owensboro, Paducah and Bowling Green became competing points for the hea(^»arters.

rate memorial to Congress, settincr forth the arguments in favor of establishing a Federal Court here. A bill was accordingly introduced appropriating $50,000 for the erection of public buildings and the purchase of a suitable site in Ovvensboro, and vigorously advocated by Ploti. J. A. MoKenzie, from tliis district. But Congress adjourned, June 16, without taking action on the bill.

In December, 1880, a petition was signed by fifty prominent citizens, requesting the Owensboro City Council to appropriate $200 or more to defray the expenses of two or more influential citizens to Washington to aid in securing the passage of that bill, or a similar one. J. A. Manday and J. Z. Moore were selected to attend to this errand; but the bill is still pending. The bill provides for a building which shall serve both as a Federal Court building and a custom-house.

Appellate Court. - The Fourth Appellate District of Kentucky embraces the counties of Ballard, Butler, Caldwell, Calloway, Crittenden, Christian, Daviess, Edmonson, Fulton, Grayson, Graves, Hancock, Henderson, Hickman, Hopkins, Livingston, Lyon, Logan, Marshall, McCracken, McLean, Muhlenburg, Ohio, Simpson, Trigg, Todd, Union, Warren and Webster.

County Courts

The county judge is the presiding judge of the County Court, which is held the third Monday of each month. In October of each year the justices sit with him, for the purpose of making the county levy and appropriations from the county funds. Sitting alone, the county judge has jurisdiction of matters of probate, appointment of guardians, granting licenses, supervision of all the public roads in the county, etc.

On the first Monday of February, May, August and November, the county judge holds a quarterly court, in which he exercises civil jurisdiction in cases where the claims do not exceed $200.

The above system was inaugurated with the present Constitution, in 1850. Before that time the justices held the County Courts which were presided over by the senior justice. Justices and constables were appointed by the Governor.

County Court. - This meets the third Monday of each month, 11. W. Scott, Judge; M. S. Mattingly, Clerk; Martin Yewell, County Attorney; A. B. Miller, Sheriff; Gideon AUgood, Assessor.

Miygistratc's' Courts. - These are held in the respective precincts. Sec the precinct histories. Justices of the peace, or magistrates, and constables, are elected the first Saturday in May - -the justices for four 3'^eara and the constables for two years, their terms commencing on the first of June following.

Bar Association

An association of the lawyers was organized In Owensboro, in 1879. W. T. Owen is President, and J. A. Deane, Secretary, and W. L. Burton, Treasurer.