Franklin County, Kentucky - Chapter 5, 1912

On Tuesday the 26th day of August of that year, James Roberts was appointed jailer of the county; the appointment or selection, was made by the Court of Quarter Session. On the 23rd of September, the following orders were entered: "It is ordered that Stephen Arnold and John Price, Gentlemen, they being the oldest Justices commissioned for said county, as fit persons to fill the office of a sheriff of the County for the next term of two years, be recommended to the Governor." "It is ordered that Stephen Arnold, Robert Blackwell, Anthony Crockett and William Payne or any three of them be appointed to receive the warehouse, for the reception of tobacco in South Frankfort; provided, the same be completed agreeable to law."

Otho Beaty was elected to represent the County in the House of Representatives in the year 1800. In the election for Lieutenant Governor for that year, Franklin County gave Henry Clay only three votes.

Daniel Bradford was postmaster at Frankfort in 1800; John Smith was elected to represent the County in the Lower House in 1801, and Baker Ewing in 1802.

The following news item is copied from the Palladium: "Frankfort, May 29, 1800. - Married in town, on Sunday evening last, Dr. Lewis Marshall of Woodford, to the amiable and accomplished Miss A. Smith of this place."

On Tuesday, November 25, 1800, the following order was entered on the order book in the County Clerk's office: "It is ordered that the sheriff do bring immediately before this Court, Nancy Hutton to answer the contempt offered this Court by leaving a yovmg infant on the clerk's table." The sheriff returned and reported that said Nancy Hutton could not be found," and it was thereupon ordered, "that Samuel

Hiitton be summoned to appear before the next Court to sliow cause, if any he could, why he should not support the infant left by the said Samuel's wife on the clerk's table."

In the year 1798 a ferry was established at the "roi)e walks" one mile above Frankfort across the Kentucky rivei', from the lands of Elijah Craig, and an inspection of hemp and flour was established at the said ferry ''which shall be called and known by the name of East Frankfort." This ferry crossed the river only a short distance above Cochran's distillery.

The Frankfort Bridge Company was incorporated December 21, 1799, Christopher Greenup, Daniel Weiseger and William Trigg were the incorporators; the right was given to erect the bridge from the south end of Ann street to the south side. In 1805 the act incorporating the Frankfort Bridge Company was repealed and an act passed authorizing John Pope to erect a bridge across the Kentucky river from the end of Annie (Ann) street to South Frankfort and fixed the rate of toll, etc. At the same term of the Legislature there was an act authorizing Thomas Tuntstall to erect a bridge across the Kentucky river from the wpst end of Montgomery (Main) street to his land on the opposite side of the river, "subject to the same rules, regulations, penalties and emoluments as John Pope." At the same term of the Legislature and on the same conditions, John Brown was authorized to erect a bridge across the Kentucky river "from his land above High street on the North side of the river." There was an act to incorporate the Frankfort Bridge Company, approved January 25, 1810, for the purpose of erecting a bridge across the Kentucky river from the south end of St. Clair street, Thomas V, Loofburrow and William Trigg were authorized to raise by subscription, by stock not to exceed thirty thousand dollars to be composed of shares of one hundred dollars each - "provided said bridge shall not contain more than one pier in the channel of the river, and which pier shall not be less than sixty feet high from its foundation. The act also provided, if the said bridge was not completed within two years, the said company was to forfeit all rights which had been granted by the Legislature.

There was an act approved January 18th, 1812, extending the time of completing the bridge, until 1st day of February, 1810; this was the first permanent bridge which crossed the river at Frankfort. It was built on the plan of Judge Finley's chain bridge and it cost $25,000.00; it was 334yo feet long. It had one pier in the middle 65 feet high; the entire length, with the approaches, w^as 700 feet and the width was 18 feet. The two chains for the bridge were made at Pittsburg; they w^ere of one and one half inch square bar iron and weighed about six tons each. There was much difficulty in securing a foundation for the south abutment, because of the quicksand found there; the water would rush in at the bottom upon the workmen as fast as they discharged it at the top with pumps and buckets, working day and night. During the time the bridge was under construction, there was a floating bridge across the Kentucky river from the south end of Ann street, similar to a pontoon bridge; it was constructed of anchored flat boats covered wdth plank for the road way and with railing on each side for protection. Another bridge of the same kind was used at the ferry near the foot of Wilkinson street across to the mouth of Benson Creek ; this ferry had been established by act of the Legislature in the year 1801.

On June 23rd, 1801, ''Stephen Arnold, Gentleman',-' presented to the Court of Quarter Session a commission from James Garrard, Governor of Kentucky, appointing him sheriff of the county, whereupon he took the oath required by law and entered into bond with Daniel Weiseger and Christopher Greenup as his securities. At the same time Daniel Weiseger was appointed clerk of the County Court. On the same date an item of news from the Palladium, reads as follows: '*We are requested to inform the inhabitants of Frankfort and its vicinity, that on Saturday the 4th of July, several of the students of both sexes under the tuition of Gabriel Nourse Avill have an entertainment at the State House. In order that the exhibition may not interfere with other commemorations of the day the bell will begin to ring at eight o'clock in the morning and speaking commence in the vState House at half past nine." Murray's s}»i'ing was the usual place for Fourth of .Inly

At the beginning of the last century news traveled very slow. On December 30, 1801, the Palladium made this statement: 'Must as this paper wa.^ going to press a gentleman informed 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. Jefferson ; 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 shillings per tythable." Zachary, a slave, the property of Lucy Sanniels, 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 whipiting ])ost and that the sheriff of this county do cause ei^ecution 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 building 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 entered, upon motion; "ordered that Hiram Lodge number foiu', and its friends be permitted to add a third story to the court hou.se which is now a building, at their own cx])ense 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 res])onsibilities of cither except that the undertakers are at the expense of the lodge and its<i friends to extend each pillar in front of the house one brick in length." At the next term of court leave was given Hiram Lodge "to run up the stairs from the passage below to the landing 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 ofHcial business of the county. The court house was completed September 15, 1800, and John Rennick was appointed custodian of the house and yard, " and he was directed to have as many locust trees planted out as w^ould 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 public 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 Ai)ril 18, 1803, John liOgan was the first circuit judge; WilHs Lee was appointed clerk during good behavior.

of the county do not show another indictment for either nnirder or nuinslaughtcr until July, 1814; however there wore 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 allowed six pounds for defending John l^artlett in the Court of Appeals. Bartlett had Ijcen adjudged of unsound mind and wa.s 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 wa.s 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 1880, when the most approved system then known was established instead.

The system of piping the water through cedar, was never a complete success. ITarry 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 became 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, forming a fire company for the city of Frankfort was ordered to be recorded in the County Clerk's office on December 15, 1800. On April 21st of this year Daniel AVeiseger was granted the right to keep a tavern on Ann street in the town of Frankfort ; 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 wa.s 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 laying his claim before the Circuit Court to be audited with the Auditor of Public Accounts."

l] 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 ivhich it was alleged that Frankfort citizens Avere 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, openl}^ accused Aaron Burr and others of conspiring against the United States. Col. Daviess, who was, at that time. District Attorney, asked for a ^yarrant 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 H-cnry Clay, lijls attorne}% Burr demanded an immediate investigation of the charges against him; after a bitter fight the grand jury ignored the charge. All 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 pro.'^ccuted 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 so-falled Spanish conspiracy had no conncclicMi with ihc Wuvv conspiracy, except, perhaps. Col. Burr was trying to take ad- Aantage 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 particularly with the people of Frankfort and Franklin county.// Marshall, 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 Frankfort 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. Taylor's Inn an elderly looking man of middle size and ordinary dress, with a Godfrej^'s quadrant strung to his shoulder, a knapsack on his back and a good-looking youth l)y his side, both on foot, trudging through the muddy streets (then unl)aved) and as if travelers who wanted rest. They arrived at the door, entered and are seated; the elder announces himself 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, ISOfi they commenced y>uhlishing 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, 1800, they agitated the people of Frankfort from center to circumference, about the Burr conspiracy; threats were freely made against tliem. The next edition agitated Frankfort society still more. It was thought that nothing but the death of Street wouM ])revent the exposure of Sebastin. Iiniis and others; an assassination was attempted by George Adams armed witli two pistols, and repelled by Street with a dirk. Street was wounded in the breast by the discharge from the fire-arms. Adams lied l)ut was afterwards arrested. Adams was l)ailed. IIumi)hrey Mar.^hall went on the Ijond of Street, with Col. J. II, Davie.^s.

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 it^ 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 wa.s drawn up addressed to the executive authority of the colony, expressing 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 independent goverinnent was introduced into a convention held about that time to form articles of separation from the State of Yirginia." T. 'SI. Green says in his prefatory to the "Spanish conspiracy," published in the year 1891 :

"A few years after this publication was made by Magruder, an exposure of the plan to which he referred was made in 1806 in the columns of 'The "Western AVorld,' a newspaper published at Frankfort, Kentucky. As an effect of that exposure, John Brown, one of the principals engaged in the plan, deemed it expedient at the early age of forty eight to retire forever from pul)lic life, and, as far as possible, to withdraw himself from public observation, while Seba.stin, his friend and one of his coadjutors was driven in merited disgrace from the bench of the Court of Appeals. The Legislative investigation which wa.s forced by that exposure, and the results of the judicial incjuiries 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 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." He 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 proposition wa.s, 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 themselves 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, jiromised to aid the design; that in accordance with the engagement made by the one and the assurances given by the other, Wilkinson and 15rown, on their' return to Kentucky, conspired with each other, and with Benjamin Sebastin, Harry Tunis, 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 November, 1788, which were so happily frustrated, were agreed upon and directed to that end."

Mr. Green shows a bitterness and vindictivencss in "The Spanish Conspiracy" which are not fully justified by the facts and circumstances which surround the ca.se.

Steam cars were not thought to be possible al thai (iiiic. Transportation for farming produce and other freight overland, in wagons, to and from the territory of Kentucky wa^ a gigantic 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 lockage into Cumberland river at Cumberland ford; thence 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 probabh^ 700 or 800 yards long, and by canal from thence to Powells river five miles below ; down that river successively into Clinch and Tennessee river and up Hiwassee river by locks and dams; from the Hiwassee continue the improvement by a canal to the navigable waters of the Savannah at the head of steamboat navigation 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 become a part of the government which could do the most for them. Kentucky had been overrun with Indians; their depredations 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 man}' 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

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 pa.ssed 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 dollars. 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 Pa.schal Hickman was appointed; Jim, John and Stephen Arnold were his bond.?men. At the same term of court Elisha Herndon was appointed constable on the south side of the river, and Daniel Weiseger was re-appointed clerk of the County Court.

On August 5, 1808, Robert Blackwell became the eighth sheriff of the county, and Christopher Greenup produced a commis.sion from Charles Scott, governor, appointing him a magistrate of the county.

William McBrayer 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 pul)lic 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 appointed his administrator and Scott Brown was appointed to apl)raise the "slaves and personal estate" left by him. The descendants of all the above named parties have been prominent ill Franklin county during the past century.

Steel's ferry was establi.«hed in 1810, and a bridge was built the same year by the county acro.ss the south fork of Benson Creek near Richard Smart's; at the same court James Blair was elected County Attorney; prior to his election the county had no regular attorney. Zadock Cramer, editor of the Navigator pul)liyhed at Pittsburg, Pa., in 1810, said that Frankfort, 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 mercantile 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 contemplation the erection of a glass factory at Frankfort, in order to utilize a bank of fine white sand thrown \ip 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 ^vcrc admitted to practice law, Avhereupon 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. :\Iarshall, John H. Hannah, William Littel, Adam Beatty, John Rowan, Isham Talbott, William B. Blackburn, Thomas C. Lewis, Robert B. McAfee, John Allen, James Blair, Humphrey Marshtill, Jas. Hughes, Matthew Lodge, William Hunter and James Crawford.

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 Avell 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 AVilliams a damn thief because 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.