Franklin County, Kentucky - Chapter 8, 1912

Chapter 8

6th. The President shall keep a docket of all motions and those first made shall have precedence unless the partic-; or some of them be females, in which case their business shall be first in order. lie shall propound all questions to the court and take their opinions thereon. He shall not have a vote, unless in case of an equal division of the court, and in that event, he shall give the casting vote.

7th. It shall be deemed a breach of good order for any member of the court to pronounce an opinion in his place or to hold any communication with parties in court, other than through the President, or leave their seats without his i)ormission.

The period from 1830 to 1840 was productive of more internal improvements for the County of Franklin than was any other decade during that century. It was an era of McAdam roads, railroads and slack water navigation. On April 8th.

In 1831, Massie Franklin was appointed a Captain of Patrols in the town of Frankfort, and Joseph Clark, Avho was a fr'on of Matthew Clark, was appointed Sheriff of the county, in the place of his father, who died before his term of office expired; he came into court on several occasions and offered to qualify, and each time was refused. He appealed to the courts and in 1834 the Court of Appeals affirmed his appointment. In the meantime Lewis P. Major was appointed and acted Sheriff of the cownty. In this year Alexander W. Macklin was a constable of the county and John J. Marshall kept a tavern.

On December the 19th of this year, John H. Hanna, J. Dudley and J. J. Marshall conveyed to the county of Franklin, a lot on St. Clair street, known as the J. Dudley Plank lot; this is the lot U[)on which the present court house was erected in 1835.

In June, 1832, it was ordered that the plan submitted Ijy Gideon Shryock for a new court house be ado])ted. Gideon Shryock was also the architect who drew the plans and was the general superintendent of the old Capitol building which was completed in 1820.

It was ordered that James Shannon, Chas. S. Morehead and Henry Wingate be appointed commissioners to superintend the erection of the court house. The building was completed in 1835, but the county did not pay for it, in full, until 1840. The structure was of stone, two stories high, with four stone columns in front. The court room, the Justices' othce and Slieriff''s office were on the first ffoor, the jury rooms were on the second ffoor. There have l)cen only a few changes in it since that time, until" 1900. A few years prior to 1900 there was a movement inaugurated to erect a new building, l)ut the county had reached the limit of indebtedness as prescribed by the Constitution of the State. The Court of Appeals rendered an opinion on ]\Iarch 25th, 1909, which declared that the County Court could not issue bonds for that purpose, unless authorized by a majority of the votes in the county. After this decision the County Court undertook to repair the ohl buihhng, at an expenditure of about $40,000. The back end of the ohl buibhuLi; was torn away and the side walls extended l)ack thirty feet, and the offices for county ofHcials are located on the first floor; the back rooms were constructed of concrete and these fire proof rooms used for the County and Circuit Clerks^ offices. The top was taken oft' and the walls extended nj) a])out three feet and the court room located on the second floor, the court room is a])out the same size of the old room, but it is well ventilated with plenty of light. The plan of architecture is very old, but the building is comfortable and convenient and it is quite a handsome structure.

In 1831, there was an act of the Legislature to incorporate the trustees of Mount Pleasant schoolhouse in Franklin County ; Scott Brown, Thomas Parker, Benedict Carlisle and John B. Crockett were the incorporators. At the same ses.sion there was an act to incorporate the Frankfort and Lexington Turnpike Road Company; John J. Crittenden, Samuel P. Weiseger, Churchill Samuels and Aml)rosc AV. Dudley were some of the incorporators.

The turnpike company for the Georgetown and Frankfort road and for the Frankfort, Lexington and Versailles road were .also incorporated at that session of the Legislature. Tlie Legislature appropriated $25,000 with which to help build the Frankfort, Lexington and Versailles road.

In 1832, there was a ferry establi.shed by Swigert, Milam and LIumphries across from the South end of Washington street, to what is now the city scliool property. In 1833, Rev. P. S. Fall was principal of the ''Female Eclectic Institute" near Frankfort. Lewis R. Major owned a farm of 375 acres on the Lexington road, three and one-half miles from Frankfort, on which he had a hor.se mill and a distillery, at which he made one barrel of whi.skey per day; this is the farm on whicli Col. Cha.s. E. Hoge resides.

The Lexington and Ohio Railroad whicli is now the Louisville and Nashville, was surveyed in 1830, the survey of the route showed the altitude of Lexington to be four bundled and thirty feet above that of Frankfort. On Oct. 22nd, 1831, the first sill for the laying of rails for this road was placed, in the presence of a large concourse of citizens and strangers. The road was built in 1832-3-4. It was completed to the t-jp of the hill known at that time as the incline plane, which was about one mile from the city (it is now within the city limit.?} in 1834.

The Commonwealth, dated January 2nd, says, "On Tuesday last, the railroad was opened from the City of Lexington to the head of the incline plane which is about one mile distant from town. Two cars filled with gay and delighted passengers traversed the whole line with great ease and celeiity. On the arrival of the cars at the head of the plane a salute was fired by the citizens in honor of the event. The fir.st cars were drawn by horse power. The locomotive engine designed for this road was brought to Frankfort by the boat "The Argo,*' in a .short time after the road was opened for transportritiori. On January the 31st, the Commonwealth stated that the locomotive arrived at the head of the plane on Tuesday morning, January 25, having performed the trip from Lexington in two hours and twenty-nine minutes. It was now permanently placed on the road. In a few days Frankfort and Lexington w411 be only one hour a part. Frequent accidents occurr.^'1 on the road, caused, largely by the insecure method of tieing the rails, which consisted of a thin piece of iron about three indies wide and about one-half of an inch thick, spiked to large s^)n.es laid lengthwise, .sometimes one of these iron bars would become detached at one end and would run through the floor of ihe car, and sometimes on through the top of the car. On March 23rd, 1836, a very serious accident occurred about two nules east of Frankfort, the locomotive with the tender was thro vn off the track and precipitated over the embankment which was about thirty feet high, and carrying with it the passenger car. A Mr. Tinder, of Woodford, and Mr. Will.><on, of ^Nladison, Ind., were in.stantly killed and a child of Mr. TnU died a short time after the accident. Nearly all of the pa.s^:on'j;ev.s were injured, four of whom were dangerously so. The cuiiso of the accident was attributed to the great speed at which the train was going, all the passengers united in the statement that the car was moving with very rapid velocity varying in their estimates at from twelve to fifteen miles per hour.

The contractors while constructing this road worked al)Out seven hundred men, with the necessary teams, carts and machinery; some sections of it have been preserved in the Kentucky State Historical rooms. The construction and operation of it was the l)eginning of a new era in the County of Franklin and the City of Frankfort. The company had a great deal of trouble in securing their right of way and. it was only .secured after many months of costly litigation.

The running of steam cars was of great interest to the people of Franklin county, they would go for miles to see one pass. After the line was completed from Louisville to Frankfort, one of the first passenger cars came up on Sunday morning, it passed the North Benson Baptist church while llie Rev. Frank Hodges was preaching, when his congregation got up to see it, he announced that the congregation was dismissed for a few moments and he went out with his auditors to see the train: after it had pa.ssed, they all went back and the preacher finished his discourse.

Steamboats did a flourishing bu.siness on tlie Kentucky river during this period. The iVrgo was designed and built for the Kentucky river trade and it made regular trips between Frankfort and Louisville. It was in commission from about 1832 to 1840. The new light draught upper cabin steamboat, Plough Boy, was placed in the Kentucky river trade in 18:>4, with J. C. Llarris as captain. The Clinton was placed in the same trade about the same lime. The Eagle was placed in tlie Frankfort and Louisville trade in 1837. The John Armstrong and The Frankfort, both of them new boats, which were built especially for the Kentucky river trade, Avere placed in the Frankfort and Loui.sville trade in 1839. The lock and dam in the Kentucky river, known as lock No. 4, was built by the Connnonwealth of Kentuckv during this decade. Tt is located a few hundred yards below the city Hmits. The lock walls measure two hundred feet in length and thirty feet perpendicular. They were finished in the very best style, the material is of gray limestone, quarried in the immediate vicinity. The lock with the dam cost the State $120,000. The dam affords slack water navigation for steam boats of 200 tons, for fifteen miles above Frankfort. The lockage was completed and navigation opened February 18, 1840. By act approved March 22, 1880, Kentucky granted to the United States government all rights to control the navigation and improvement of the Kentucky river.

During this period of her histoiy Frankfort was known as a manufacturing center. Almost everything was manufactured by her enterprising citizens. Some of the things made at that time are as follows :

Glass, shoe brushes, counter l)rushes, hacklers, files, log chains, harrow teeth, ox rings, staples, pot hooks, drawing chains, axes, sixth chains, streaches, hoes, plough shares, irons, grid irons, scrubbing Ijrushes, plough devices, Avhitewash brushes, whet stones, copper hooped cans, wash coolers, stillyards, cut nails, brads, boxes, boxes for sardines, tomb tops, monuments, bagging, rope, jeans, linsey, iron and castings, flour, meal, pork, all kinds of lumber of every description, pork barrels, lard kegs, wagons, carts, steamboats, etc. A. W. Dudley manufactured carpet filling and chain, spun cotton, candlewicks, bats, twisted thread, etc. In 1833 Thomas McvTain manufactured stoves, stove pipes and tallow candles. In 1836 John D. McGee and John C. Melcher put a sheet iron manufactory in operation. They manufactured stoves and all kinds of tin ware. Their establishment was on St. Clair street, two doors north of Main street.

During the same year the Franklin Paper Mill, three miles from Frankfort, on main Elkhorn, was placed in operation. This mill was run by E. H. and S. Steadman. They manufactured every description of paper of the best quality. They shipped the manufactured products from this mill to all sections of the country. They paid good prices for clean cotton and linen rags.

In 1837, Mr. David McChesney established a coach manufactory in Frankfort, which proved to l)e a very successful business for many years. There was also a chain factory in operation in 1838. It was located on Montgomery (Main) street, nearly opposite the Weiseger House. It was run by Ambrose C. George.

Cholera made its appearance in Frankfort on June 26, 1833. The first person to die in the city was a negro, the prop-, erty of Mr. Philip Swigert, but there had been several deaths in the county prior to that time. Within three weeks after that seventeen per.^ons died in Frankfort of that dread disea-se; three white and seven colored died in North Frankfort, and four white and three colored in South Frankfort. During this .epidemic there were about one hundred and fifty deaths in the county.

jNIargaret Arnold Cardwell, the youngest daughter of James Arnold, and the wife of John Cardwell, died of cholera at her home opposite the mouth of Glenn's Creek in August, 1833. Tradition of the family says that she was a very handsome woman, and that she was stronger than any ordinary man. She could stand with Ijoth feet in a half bushel measure and shoulder a sack with two bushels of wheat in it.

In 1833 there wa.-^ an act providing for the election of a State Librarian and prescribing his duties, and appropriating $500 per year, for a |)criod of five years, with which to purcha.^e books, the imrchase to be made by the Librarian under the directions of the Court of Appeals.

In the year 1834 an arsenal was built on the northeast corner of the pnl)lic sqnare. Jame< Davidson, Thos. S. Page and Edmond 11. Taylor were the connnissioners who constructed it. A gun house, situated on the public square, was pulled down and the material used in constructing the arsenal. The cost of the erection was two thousand dollars.

The 4th of July, 1834, was a great day fo*r Frankfort. The celebration was had at Cove Spring. Four thousand people were present. Four fat beeves were barbecued, and one hundred and forty lambs and .shoats. There were bacon and hams without number, and all other articles needful for a sumptuous feast. John J. Crittenden read the Declaration of Independence, and Chas. S. INlorehead was toastmaster. There were people present from forty-two different connties in the State, besides many people from other states. Feasting and speechmaking continued throughout the day. A New Englander, styling himself ''a Yankee," said in a letter dated July 3, 1834: ''I rode from Lexington to this place today and have Been gratified for the first time since I left my native land with a view of New England scenery, its rocky hills, its lofty precipices, its deep luxuriant valleys, and its winding streams. Frankfort is fairly wedged in among the hills, except on one side, where the river meanders. But the town makes up for the oddness of its locality by its pleasant scenery and pleasant society. Tomorrow there is to be a great public festivity in this place called a barljecue. I anticipate great pleasure in being present. As you are not acquainted with anything of this kind I shall favor you with a description. This .<^pecies of festivity had its origin in this State from circumstances connected with the history of the first settlement. The sparseness of the inhalntants, and at the same time their social disposition, led to neighborhood meetings, for the purpose of pleasure or of discussing local politics. The houses being too small to accommodate a large company, the only alternative was to seek a pleasant grove in the vicinity of a cool spring. Here rude tables were covered with the rich viands of the county, and after the repast was ended the young joined in a dance, wliile the old became sj^iectators of the lively scene."

On Friday evening, July the 4th, he said: "I liave just returned from the barbecue, much amused and much fatigued with the day's excursion. It is raining in torrents. You may just fancy yourself in my company and we will take the trip over again. Without wading a mile through mud and water, I will place you at once upon the ground. You wonder at the multitude of people. I suppose there are three or four thousand* You notice that inclosure with a crowd of anxious looking men around it - that is the bar, and within are several hogsheads of that famous beverage called mint-julip. This is made by mixing in proper proportions sugar, Avater, ice, mint and

"A call is made for a speech. As might be expected, this call is for John J. Crittenden. He is a favorite, and he well deserves to be a favorite son of Kentucky. His personal appearance is good, his countenance, though dignified', is always lighted with a smile, and he possesses that peculiar power in oratory which can charm the learned and ignorant at the same time. His voice, though commanding, is rich and- mellow^ in its tones, and a multitude would stand by the hour gazing on his glowing countenance and hanging with breathless silence on his words as they leap apparently unbidden from his lips."

On Feln-unry 'ioth, 18:U, Hon. John Breathitt, Governor of Kentucky, died in the city of Frankfort, of pulmonary consumjition. By his request his remains were buried in Logan County. The procession was formed at an early hour, and moved from the capital to the (lovernoii's mansion, where it was joined by the military. The religious ceremonies w^cre performed by Dr. Noel and the Rev. Thornton Mills, after which the procession moved in the following order: 1st. The military. 2d. The joint conmiittee on arrangements. 3d. The acting Governor and Secretary of State. 4tli. The physicians. 5th. The Rev. Clergy. 6th. The pall-bearers, con.sisting of four meml)ers of (he State Senate and eight members of the House, with the corpse. 7th. The relations of the deceased. 8th. The Senate, preceded by its Speaker and Clerk. 9th. The House of Represenalivcs, ])receded by its Speaker and Clerks. 10th. The government officials. 11th. Citizens and strangers. The procession was the largest which had ever been .-^een in Frankfort. All the business houses were closed and great sorrow \)vevailed. After arriving at the farthest limit of South Frankfort the procession returned. The corpse was attended by citizens on horseback until it arrived at the county line, where a number of citizens of Anderson county received it and accompanied it to the Mercer county line.

In 1834 The Frankfort Lyceum was organized, with Charles G. Wintersmith as secretary. In 1835 John J. Crittenden resigned the office of magistrate. David A\%iits was ap- pointed Sheriff, and John Buford was elected Jailer. In 1837 John D. Woods ^Yas appointed police judge of Frankfort. There was a never failing stream of water on the corner of Ann and Broadway streets, near where the Kendall property now stands.

In 1838 Edward S. Coleman was appointed Sheriff and' Morgan B. Chinn became Jailer. In 1839 John C. Herndon became the County Attorney, and in 1840 John Watson Ijccame the Sheriff.

In 1837 small pox became prevalent in Frankfort, and in some sections of the county during that summer deaths occurred from its ravage. On Sunday morning, July 23, 1834, the middle arch of the St. Clair street bridge, Avhich was then in the course of construction, gave way and all that part of the structure was precipitated into the river. The damage was so great that the company had to construct entirely a new bridge. On December the 26th, 1835, the middle span of the bridge fell a second time, the structure had been completed and had been in use just eight days when it fell, two wagons with their drivers and teams and six colored men were on the bridge at the time it fell. The wagons and teams were lost and two colored men were killed. One of the negroes belonged to Mr. Williams and was instantly killed. The other, the property of William S. Waller, died in a short time after the accident. In 1835 there were three newspapers published in Frankfort, to-wit: The Commonwealth, The Frankfort Argus, and The Cross. In 1837 there was a weekly paper edited and published by F. D. Pettit and J. H. Mayhall, which they called the Frankfort Farmer.

There was an act of the Legislature ap]3rovcd February 28th, 1835, which incorporated the town of Frankfort. This act defined the powers and duties of the officers of Frankfort, and granted many powers to the chairman and board of trustees. Prior to this date the town had been governed by the laws enacted by the Virginia Legislature, and under whicli the town of Frankfort was established.

In February, 1835, Samuel Q. Richardson, a prominent lawyer of Frankfort, was shot and killed by John U. Waring on the steps leading to the second floor of the Mansion

House. The Legislature was in session at that time, and the killing of such a prominent man as Mr. Richardson created the wildest excitement. Samuel Q. Kichardson had defended J. O. ]5eauchamp for killing Col. Solomon P. Sharp in 1825, at which time he severely criticised the conduct of John U. Waring, in reference to that assassination, and after the trial was over Waring threatened to kill Richardson, but he did not carry out the threat until ten years later. Waring waived his examining trial, but he made a long speech before the examining court justifying the killing on the ground that Richardson had made threats. Waring was committed without bail, lie spent three years in jail and was tried three times. The first and second trials resulted in a hung jury c;icli time. On the last trial he was acquitted. Richardson was not arme 1 at the time he wa.s killed. His remains were buiij.l at Lexington, Ky.

The name of John U. Waring appears for the iii'.~i lime on the criminal records of the county in 1818. At every term of the court after that for a quarter of a century he appeared as a defendant. He was before the court on peace warrants, almost without number. John U. Waring was a lawyer of some ability. For many years he owned a farm, which was afterwards known as that of R. K. Woodson, located on the Kentucky river across from the Big Eddy, he had a fine vineyard on it; he owned property in Frankfort and Versailles. He was prosecuted for the crime by Mason Brown and Lewis Sanders, Jr. He was defended by Frank Johnson, John J. Crittenden and Thos. F. Marshall.

On Saturday, the 7th day of March, 1845, John U. Waring was killed in Versailles, Ky. The Frankfort Commonwealth said of him: "Mr. Waring was himself a man of desperation and violence. He it was who slew the late Samuel Q. Richardson and he had been engaged in many a bloody encounter; indeed we can scarce remember when he was not notoriously at deadly feud with reputable citizens and he was commonly regarded as an enemy of mankind, having made few friends and many bitter foes."

bullet bad passed through his head, down his throat and had lodged in his lungs. It also disclosed a further fact long suspected, that he wore a strong coat of mail made of steel ; he was shot from the garret of Shelton's tavern, a rifle was found there bearing marks of recent use. It was thought by some, that the son of the Jailer of Woodford County killed him, as that youngman left in a short time after the killing. It seems that no special effort was made to locate the assassin, as it was generally considered that the country w^as well rid of such a bad character.

The attorney's at law living in Frankfort and practicing their profession in 1835, were: Thos. B. Monroe, John J. Marshall, Victor Monroe, Chas. S. Morehead, James T. Morehead, Mason Brown, Samuel Todd, Benj. F. Hickman, John L. Blaine, John C. Crittenden, Wm. H. Todd, Humphrey Marshall, Jr., Thomas N. Lindsey, William G. Talbott, W^illiam Owsley, Uriel B. Chambers, Austin P. Cox, O. G. Cates, John J. Crittenden, J. Swigert, James G. Dana, Benjamin G. Burks, Richard F. Richmond, Chilton Allen and Landon Thomas.

At an election of Trustees for the town of Frankfort in 1836, Philip Swigert was elected chairman, J. J. Vest, A. G. Hodges, G. E. Russell, Joseph W. Allen, James Shannon and Austin P. Cox were elected trustees and John C. Herndon was elected clerk.

In 1836, the high school which had been taught by the Rev. Wm. Purvance and the one taught by L. B. Nash were merged into one, which was called the Frankfort Academy. Mr. B. B. Sayre was one of the teachers in this academy; he afterwards became one of the most celebrated teachers in Kentucky. His influence has been felt, perhaps, more than any other one man who has lived in the State. He came from Virginia about 1835. He taught for many years. Pupils from all sections of the country came to him. For some years he taught where the Episcopal church now stands. From about 1842 to 1848, he taught in the building now known as the Lindsey law office on the corner of Main and St. Clair streets. He afterwards taught where Mr. J. A. Scott resides. He went to the Kentucky JNIilitary Institute in 1863, but taught there only a short lime. He died in Frankfort April 28tli, 1879, and is hurie.d in the south west corner of the Frankfort cemetery. A few men of note who were taught hy him are as follows: Gen. George B. Crittenden, Gen. Thos. L. Crittenden, Col. Eugene Crittenden, Gov. T. T. Crittenden, of Missouri; United States Senator Geo. Vest, U. S. Senator J. C. S. Blackburn, State Senator James Blackburn, ^Ir. John B. Lindsey, Gen. D. W. Liiulsey, Judge P. U. Major, Col. S. I. M. Major, and many other men who have been important factors in the government of both State and Nation.

The fourth of July celel)rati()n in 183G was held at "Stony Point" (on top of Fort Hill) ; a barbecue dinner was prepared for the hundreds who attended. John F. Levy read the Declaration of Independence and B. B. Sayre delivered the chief oration. Col. Peter Dudley and Col. John Woods were the marshals of the day and had charge of the immense parade. Orlando Brown, Lewis Saunders, Jr., Chas. S. Morehead, Col. R. F. Richmond and Col. E. H. Taylor responded to toasts on that occasion.

A public dinner was given to the Hon. John J. Crittenden at Bellepoint (Todd's spring), July 23rd, 1836; about five hundred people were present. Toasts were responded to by John J. Crittenden, James T. Morehead, B. B. Sayre and others.

Hon. Daniel Webster and family arrived in Frankfort on Friday evening, ^Liy 31, 1837, and left for I^ouisville on the following Monday morning. The citizens of Frankfort joined in giving him a hearty welcome, and all were anxious to see a man of such prominence. He was received a few miles from town by a committee of citizens on horseback, who escorted him to the residence of the Hon. John J. Crittenden, whose liou.se was his home while he stayed in Frankfort. On Saturday he attended a barbecue which was prepared on the banks of IClkhorn, with the expres-^ed design of enabling him to see "Old Kentucky as she is." He there met with citizens of all jxnrties who extended to him a hearty welcome. He made a s[)cecli on that occasion which won for him the admiration and jgood will of all who heard him. The day w^as one which was long rcmcmljered by the citizens of Franklin County.

The Fourth of July celebration for 1837, was held in the Capitol building. Orations were delivered by Thomas B. Stephenson and Col. Victor Monroe, after the orations the company repaired to Fort Hill where they partook of an excellent barbecue, after which several toasts were responded to. The Hon. Jas, T. Morehead presided as Toast Ma.ster.

Hon. John Brown died at his residence in Frankfort, Ky., on the morning of August 29th, 1837. He was the son of the Rev. John Brown and Margaret Preston. He was born in Virginia, September 12th, 1757, and for two years he was the assistant of Dr. Waddall in a private school, after which he became a student at Princeton College and was there when the college was broken up by the Revolutionary war. Subsequent to this he volunteered in a company for the purpose of aiding Lafayette in his military operations in Virginia, after which he entered William and Mar}^ College and after leaving there he commenced the study of the law in the office of Thomas Jefferson. Upon completing his legal studies he emigrated to Kentucky in the winter of 1782, and he continued to live in Kentucky until his death fifty-four years later, tie was prominent in the events which preceded the separation of Kentucky from Virginia and no one contributed more than he to procure for Kentucky the full benefits of an unobstructed use of the Mississippi river. In the year 1785, he was elected Senator in the Virginia Legislature from the district of Kentucky, and in 1787, the Legislature elected him a member of the old Congress, by that election he became the first member ever sent from the western country to the Congress of the United States.

Upon the formation of the new consitution he was elected one of the first Senators from Kentucky, which honor was three times, consecutively, conferred upon him by the State. He retired from public life about the close of the year 1805.

In the year 1838, there were two bridge companies incorporated, one with the expressed intention of constructing a bridge from Washington street to the south side near the mouth of Benson creek, and the other to build a bridge across from the foot of Ann street. There was also an act approved February the 1st, 1838, the preamble and a part of which is as follows:

"Whereas it is represented to the present General Assembly tliat it is tlio desire and intention of a mnnljer of individnals to establish a pnblic school suited to the wantti and conditions of all cUusses of the Commonwealth, in the town of Frankfort, and whereas the Frankfort Seminaiy has ))een pulled down and removed from the public square, thereby depriving the citizens of the only house of public instruction in said town as well as the entire loss of the proceeds of six thousand acres of land granted by the Legislature to the County of Franklin for seminary purposes; and whereas it is a matter of great importance to the public, that the town of Frankfort shall be supplied with water, as well for private as for public uses, and it is represented to the General Assembly that the same can be done by conveying it from the Cove spring in the neighborhood of said town ; and that the security of the private and public buildings thereof would be greatly protected. Section 1 - Be it enacted by the General Assembly of the Connnonwealth of Kentucky, that it shall be lawful for Edmund H. Taylor, Philip Swigert, Thomas S. Page, jNIason Brown and John J. Vest to raise by way of lottery in one or more classes, as to them may seem expedient, any sum not exceeding one hundred thousand dollars to be appropriated, one-half for the use and benefit of a city school in the town of Frankfort, and the other half for the construction of such reservoirs, pipes, conductors, and other works, that may be necessary and proper to convey the water from the Cove Spring into said town, in such 'manner and quantities as the aforesaid persons may think suitable to the convenience of the }3eople of said town and the safety of the private and public buildings therein." The act further provides that the managers shall execute a bond to the Commonwealth for a faithful discharge of their duties, and their powers are defined. The amount to be raised was to be paid to the Trustees and expended by them.

The provisions of this act were carried out; that part in reference to the public school became the basis of one of the best public schools in the State, the interest on the money raised has been used to pay the running expenses of the city .school for three-quarters of a century.

The proposed water works were completed in 1839, at a cost of about $38,000 and the city was supplied with water by reason thereof until the latest improved water works were completed in 1886. At a meeting of the Board of Trustees of the town of Frankfort held on the 4tli day of November, 1839, it was unanimously resolved: ''That this Board entertains the highest respect for the integrity and moral worth of John Moore, Esq., and that they hereby tender him the individual thanks of the trustees and the acknowledgments of the citizens of the town for the faithful, skillful and workmanlike manner in which, as contractor for the water works, lie has introduced fresh water into the town of Frankfort."

The pipes were supplied by a never failing spring known as Cove Spring, sufhciently elevated to throw the water into any building in the town.

The said company erected upon one of the hills south of the city two reservoirs of an aggregate capacity of live million of gallons, the flow line of which was two hundred and fifty feet above the intersection of Broadway and St. Clair streets. The pumping machinery has a capacity of delivering into the reservoirs 2,000,000 of gallons in twenty-four hours. The supply of water is taken from the bottom of the channel of the Kentucky river some distance' above the sewerage of the city. The water mains are of the best quality of cast iron, tested to withstand a hydrostatic pressure of three hundred pounds to the square inch.

The original cost of the construction of the said water works was $125,000, to which has been added many thousands of dollars for impro\-ements. Frankfort boasts of the best water works in the State.

The Kentucky Historical Society was incorporated l)y act approved February 16th, 1838. The act names the incorporators, empowers them to elect officers, make l)y-laws, select time and i)lace for holding meetings and defines their powers. The preamljle sets out in full the object of the society.

This society was re-incorporated in 1880, and re-organized in 1886. It wa.s not until 1906 that the State ,u;ave any substantial aid; at that time there was an act ap[)ropriatin<>; five thousand dollars per year and providing for stationery supplies for tlie society and providing for the publication of The Register ]Magazine of the society, the purchase of objects of historical interest, and the payment of a Secretary-Treasurer.

Rev. Joseph J. Bullock, of Frankfort, was named by the Governor for the office of Superintendent of Public Instruction, in 1838. This was a new office created by the Legislature. Other appointments for Frankfort men made at that time by the Governor, were John M. Bacon to be police judge of Frankfort, General Ambrose W. Dudley, Quartermaster General of the State of Kentucky and Hon. Jas. T. Morehead to be president of the Board of Internal Improvement.

Mr. John Hoivie died at Frankfort September 26tli, 1838. He was born in Virginia; he lived in Frankfort about thirty years. He represented Franklin County in the Kentucky Legislature in 1835. He was a man of superior qualities of mind and heart. He was one of the very finest specimens of the "Old Virginia Gentleman," and that term applying as it did to him with all its force, conveys the most perfect idea of his life and character. He was the father of j\Ir. John and Col. Lewis Ilarvie, who lived to be very old men and who also belonged to that old school of Virginia and Kentucky gentlemen. They died in Frankfort about the close of the hist century. Col. Lewis Harvie was small in stature; he was very courteous and no one doubted his courage. On one occasion Judge William Lindsay w^as discussing some proposition before a Legislative committee at the Capital H()t(>l, at which time he made a statement in reference to Col. Ilarvie and to which he took exceptions. He took his watch from his ])ocket and holding it before him, he said: ''Judge Lindsay, 1 will give you just three minutes in which to take back the statement which you have just made." Judge Lindsay had not thought of offending Col. Harvie and he promptly said: "I don't want that much time, Lewis, I will take it back right now ;" this response raised a shout of laughter from those present, and each of the participants in the controversy thought that the joke was on his opponent.

On May the 9th and 10th, the first giraffe ever seen by the people of Frankfort was placed on exhibition ; at that time it was considered one of the most wonderful of living creatures. Thousands of people from all sections of the country came in to see it. It attracted the notice of the press to a very unusual degree.

In 1839, Mr. Joseph Flood and Miss Eliza, Ann Major, daughter of Rev. John S. Major, were married. The Commonwealth said of her: ''We know that the happy bride has made a most seasonable choice and she is truly fortunate who has obtained,, in this time of unprecedented drouth, not a mere sprinkling, but a whole Flood for her portion."

Governor James Clark died in Frankfort on the 27th day of August, 1839. There w^as a meeting of the citizens at the court house; Col. James Davidson was called to the chair and Hon. J. J. Crittenden, Col. R. F. Richmond and Orlando Brown were appointed a committee to prepare resolutions. His remains were accompanied from the Governor's Mansion to the top of the plain, by a large concourse of citizens on foot, in carriages and on horseback, the whole being preceded by Capt. Lockwood's infantry company. At the top of the plain it was placed in a car and escorted to Lexington.

On Tuesday night, August 27th, 1839, the whole world was gazing at the great beauty of the heavens, the Auora Borealis was brighter than was ever known before. The Commonwealth said: ''The truth is, the imagination could not embody in its conception such peerless splendor, and human language never had the power to describe it."

The fourth annual fair of the Franklin Agricultural Society was held near Luckett's Tavern, at the Forks of Elkhorn, commencing AVednesday, October 9, 1839. One of the first fairs in the State was held a short distance below Frankfort, near Leestown. The first mention made of it was in 1798, bnt evidently a fair had been held there some years prior to that time, and the grounds at that place were used for many years subsequent thereto. There was also a race course in connection with it. The exact location or length of same is not known, but it w^as used for many years. The county records show that there were several indictments^ against parties for unlawfully selling whiskey on the race course, and at the fair grounds. During the summer and fall large crowds of men and boys would congregate there on Sunday for the purpose of horse racing, foot racing, cock fighting and whiskey drinking, which would some times end in a free for all fight. These Sunday meetings continued until they became a nuisance and the police authorities put a stop to them. The Franklin Association held a fair there annually until a new race course and fair grounds were constructed near the Forks of Elkhorn, which were used for nearly half a century. The buildings on these grounds were destroyed by fire a short time prior to 1860. These grounds were located on the farm owned l)y Col. Steve Black in 1909, a short distance from the Forks of P]lkhorn. The fairs held there were attended by people from all sections of the State. The race course was a mile in length and was one of the most noted in the State. Some of the best horses of that day were run on it. It was known as the Capital Course. The advertisement of this course in the year 1840 was as follows: "Ca])ital Course Races."

First Day - Cooper Stake, a silver pitcher, value $100, and $100 entrance, mile heats, closed with the foll,owing subscribers: W. W. Bacon, J. W. Fenwick, Col. Wm. Buford, Capt. J. A. Ilolton, Sidney Burbridge, Capt. Wm. J. Harris and Benjamin Luckett.

In 1836 the third annual fair of the Agricultiu'al Society was held on October 10th and 11th, one mile and a half }ast of Frankfort, on the farm of Isham Talbott, deceased. Tln^ location was a very favorable one, having every accommodation, etc. A public dinner and addresses were some of the attractions named. This place is known as the Dudley farm and is owned by the State in connection with the Colored Normal School. In 1S74 there was a fair held at what is known as Woodland Park. In the years 1875-1880, inclu.sive, fairs were held at the R. P. Pepper race course and were largely attended. The colored people had a successful meeting and a creditable fair at this place in 1909, and for several years prior thereto.

A very successful fair was held in 1909, about one mile above Frankfort, on the Saffell farm. The grounds were located betweeji the Kentucky river and the Lawrenceburg road. Large crowds were in attendance and the fair was in every way a success.

Chapter Nine

In Order Book "]./' pages 22, 23, 24 and 25 of the Franklin County Court Clerk's ollice, there is a long report of Samuel Todd and S. I. M. Major, Commissioners, as to the condition of the County Clerk's office, giving the number and condition of books, deeds, mortgages, orders, wills, etc., also itemizing and giving the condition of all other records in the custody of the County Clerk. The report closes bj^ saying, ''The Clerk's oMIce is a small, one story building, very uncomfortable and unsafe; there is but one room and the floor of that very open, the walls verj'^ thin and slightly plastered."

There was a large influx of foreigners, especially Irish, to the county of Franklin in the year of 1840; at this date William II. Ilolman was the proprietor of the "Tavern on the Hill," which was located on the cemetery property, about four hundred feet from the entrance to the cemetery grounds.

Henry Clay spoke in Frankfort on national affairs, Sept. 2nd, 1840. Robert P. Letcher was inaugurated governor during this year. The address of welcome on the part of the city wa.s made by 15. B. Sayre, Capt. Lockwood's infantry and Capt. (ioram's cavalry, both of Franklin county were in the l)arade; "The old Thames cannon was brought out u])on that occasion and .^poke with her accustomed cheery voice." The Thames cannon was also known as the Burgoyne cannon. It is a relic of the revolutionary war and also of the war of 1812. It Avas captured at the Battle of Saratoga, from the British army under Gen. John Burgoyne, by the ^Vmericans under (ien. Gates, Sept. 10th, 1777, and afterwards wa.s surrendered to the British by General Hull August ItUh, 1812, and reca])tured by General Harrison and his Kentuckians at the battle of the Thames, October Oth, 1813. The cannon was jtresented to (iorernor Shelby and afterwards presented by him to the State of Kentucky. In 1909, Gen. P. P. Johnson, Adj. Gen. of Kentucky, placed it in charge of Airs. Jennie C. Mor-

The Legislature of Kentucky authorized a lottery drawing in the City of Frankfort for the benefit of the Shelby College. The drawing was at the Weiseger House October 14th, 1840, at 4 o'clock p. m. The payment of prizes was guaranteed by security, to the State; whole tickets sold for $3 and shares in proportion ; packages of twenty-six tickets were warranted to draw at least one-half the cost of them.

The assessed valuation of the property in Franklin County at this time was a.s follows: There were 217,920 acres of land, which w^as valued at $1,777,089. There were 1,240 males over 21 years of age. There were 2,593 slaves, which were valued at $982,400, and thirty-five stores valued at $114,740. The total valuation of all property was $4,096,066. Negroes made up about one-fourth of the assessed valuation of the county, the average assessment being $378.50. The barter and sale of negroes Avas greater than that of any other proi)erty, the newspapers of that period were full of such advertisements as the following: ''For sale - A very likely negro woman; a first-rate cook, washer, &c., and three children. Enquire at this office." "Negro girl for sale - I wish to sell a likely negro girl who is a good cook, washer and spinner; she is also honest." "The subscriber, living six miles south of Frankfort, near S'nitli Benson meeting house, has a very likely and intelligent mulatto boy, twelve years old, for sale; persons wanting such a boy would do well to call and see him, as I will sell a l)argain, for cash in hand."

Hon. Geo. W. Craddock came to Frankfort in 1840 as a representative of Hart County. After his term of oflice expired he located here and became one of the leading citizens and attorneys of the capitol city. He took an active part in the politics of the city and State. On one occasion a ma.>*s convention was held in Frankfort and several politicians tried to make speeches for their candidate, but the electors had converted themselves into a howling mol:), and they refused to listen to any orations on that occasion. Judge Craddock finally arose and commenced his address by saying: "Gentlemen and fellow-citizens, hoodlums and " After one prolonged shout the crowd settled down and gave the judge a very respectful hearing. He married a Frankfort woman and they raised a large family of children. He died in Frankfort in 189S.

In 1840 Mr. James G. Dana, reporter of the Court of Appeals, died at his home in the City of Frankfort. For many years i\Ir. Dana was the editor of the Commentator, a newspaper published at Frankfort. He was distinguished for his al^ility as a newspaper man and as a lawyer. For many years he was the official reporter of the Court of Appeals, and the reports of that day bear his name.

On the 15th of December, 1840, Maj. George Swingle died at his home in Franklin County in his 84t.h year. He was an acting major under General Washington in the revolution. He was never known to take ardent spirits.

Hon. John C. Breckinridge was a citizen and resident of Frankfort for several years. His law office was on St. Clair street next to Mrs. Watson's boarding house. Gov. R. P. Letcher was located in Frankfort in 1845. His law office was on the west side of St. Clair street.

Dr. Luke P. Blackburn was also located in Frankfort at that time. He and Dr. Churchill J. Blackburn were partners in the practice of medicine. Their office was in the building erected by Dr. W. L. Crutcher on St. Clair street.

Prior to 1851 nearly all the traveling through the country was either by stage coach or horseback. There was a stage which left Frankfort for Louisville every morning at 8. It took nine hours to travel from Frankfort to Louisville. The fare was $2. There was also a stage to arrive from Georgetown each morning. It returned at 2 p. m. There was one which left i'^rankfort for ]Madison three times a week; also one to Lexington and Harrodsburg each morning.

In 1841 there were steamboats run from Bowling Green by the way of Green and Barron river navigation, up the Ohio and Kentucky rivers to the capital, for the accommodation of the members of the Kentucky Legislature. This was considered a revolution in the mode of travel between the two great divisions of the State.

The steamboats which were in the trade between Frankfort and Louisville during this decade were the Tom Metcalf, Bob Letcher, and The Ocean. The Blue AVing Avas built expressly for the Kentucky river trade, and was placed in commission in 1845. The Sea Gull in 1847. The W. R. McKee in 1845. The Isaac Shelbj", Fashion and Kentucky about 1846. Other boats in the Kentucky river trade since 1850 were: The Planet, Little Ben Franklin, Oliver Anderson, Little Mail, Gray Eagle, Blue Wing No. 1, Blue Wing No. 3, Dove No. 1, Dove No. 2, The Wren, City of Frankfort, Lancaster, Honiet, Hibernia, Fannie Freeze, City of Clarksville, Falls City, Park City, and Nellie. There were two steamboats built at the mouth of Steamboat Hollow, a short distance below the City of Frankfort. One was a sidewheel boat built in 1822 and was called the Plough Boy, and the other about 1830. It was built of locust and was called Locust Lexington. It was not used in the Kentucky river trade.

In the year 1841 there were no lights of any description on the streets of Frankfort, except such lights as were carried by pedestrians. The sidewalks w'ere sadly out of repair, some were broken in places, sunken in others and covered by mud in many more. In many places there had never been any sidewalks constructed. Walking after night was exceedingly disagreeable, if not dangerous. The pavement in front of the Mansion House (McClure Building) was very bad. The postoffice was located there at that time, and it was almost impossible to get to the postoffice without wading ankle deep in mud and water.

The Frankfort common school system was adopted in 1840, and a tax of 45 cents on the hundred was authorized to be collected in 1841, and in November of that year the school went into operation. The following salaries were paid for the first ten months: Mrs. Price, for services and house, $750; Miss Mills, for services and house, $550 : Mr. Harris, for services, $550 ; Mrs. Harris, $170, and Mr. Cultcr, $270.

The number of children taught the first year was 230, The trustees were J. Swigert, Thomas S. Theobald, A. P. Cox, II. Wingate and Thomas B. Stephenson, and L. Hord was clerk. All of these parties were re-elected in November, 1842, and a tax of 12 cents on the $100 was voted.

In 1840 there was great doubt as to the exact location of the line between Franklin and Scott counties. By an act of the Legislature approved January 4th, 1841, Isaac Wingate and Willis Blanton of Franklin County, and two commissioners from Scott were appointed to re-establish the line. Doubt arose *as to where the line ran on account of the removal of trees and other objects which marked the line in the improvement of farms, etc. The starting point was the "eightmile tree" on the road leading from Frankfort to Georgetown, and to run thence in a straight line so as to intersect the big Buffalo road between the head of Cedar creek and Lecompts run. The report of the commissioners was filed and recorded in both Franklin and Scott counties.

In the year 1842 Philip Swigert, Henry Wingate, Orlando Brown, Austin P. Cox, James Shannon, James F. Dryden and Thomas B. Stephenson were elected trustees of the City of Frankfort. Philip Swigert was chairman of the board. In the same year the old jail property on Mero street was exchanged with Jacob Swigert for the ground on which the county and circuit clerks' office and the present jail were built and the contracts for building the county offices were entered into.

On May the 14th, 1842, Hon. Frank Johnson died in Louisville, Ky. He served many years in the State Legislature and several terms as a member of Congress from Kentucky. He was a distinguished member of the bar. He was the chief attorney for John U. Waring, charged with the murder of Samuel Q. Richardson in 1835. He was a resident of Frankfoil for several years.

year. For many years he was a magistrate of the county and for two years he was Sheriff. He came to Kentucky from Virginia in 1790, and settled in the southern part of the county. He bore his part in the labors and hardships of the pioneer. He was an upright, honest and useful citizen, beloved and esteemed by all who knew him. He was not only a valuable and useful citizen, but he was a patriot and a soldier. He left several children, of whom Gen. Scott Brown and Judge Ruben Brown were a part.

On October 26th, 1842, a Whig barbecue was held in Frankfo];t, which was attended by between 10,000 and 15,000 people. The speakers' stand was in front of the old capitol building and the dinner was served on Market street. The meeting was presided over by ex-Governor Thomas Metcalf. Speeches were made by Col. Daniel Breck, of Richmond, Va. ; Henry Clay, John J. Crittenden, Judge Owsley, Gen. Leslie Combs, Hon. Garret Davis, Hon. John White, at that time Speaker of the lower house of Congress, and Congressmen L. W. Andrews, Chilton Allen, William J. Graves and James C. Sprigg. Several other members of Congress were present. About 1,000 Whigs from Jefferson and Shelby counties walked through the country to Frankfort in order to be present on that occasion.

There was a very severe wind, hail and rain storm on Sunday, May the 28th, 1843; great damage was done to the whole country. A man by the name of Thomas was killed by a falling tree, and a tree also fell on the Presbyterian church near South Benson and very materially damaged it. This stoi-m was long remembered in Kentucky as the most violent and destructive which ever desolated the State. The destruction to the growing timber was great: nearly every tree on some farms was blown down; fences were blown away by the wind or washed away by the water. The rain was heavier at Frankfort than it was in any other section of the State. It was ascertained by nica.surernent that over six inches of rain fell, which wa.s one-sixth of the entire quantity of rain which falls in Kentucky in a year.

Hon. John J. Crittenden returned to his home from St. Louis on July 4th, 1843. lie came all the way by water. He thought the rapidity of his transit was wonderful. It took him two days and twenty-three hours (71 hours) from the time he stepped on the boat at St. Louis until he landed at his door in Frankfort. Fifty years later it would have taken him about fifteen hours to make the trip.

In 1843, A. W. Macklin built a mill dam across Elkhorn creek, nine feet high. This dam was built at the same place where Bennett Pemberton had built one many years before and which was washed away.

John M. Hewitt, who represented Frankhn County in the Kentucky Legislature in 1855-1857, was charged before the Legislature with having prostituted his official position of Judge as a means of private revenge, and of being guilty of judicial tyranny that ought not to be tolerated in a free country. He was accused of being an extortioner, a claim shaver and usurer.

The Frankfort Commonwealth, dated July 2nd, 1844, said: "Mr. Claj' (Henry Clay) wa.s in Frankfort Wednesday and Thursday of last week, in fine health and spirits. It is understood he came to pay his respects to his amiable and accomplished friend, the favorite of every circle in which she is known, Mrs. Tubman, of Georgia, who entertained him with much courteous hospitality at her home during his late Southern trip."

In 1844, the Frankfort Bridge Company rebuilt the St. Clair street bridge. The Franklin County Court made an agreement with the bridge company to furnish six thousand dollars with which to help build the bridge, and in consideration of same the bridge company was to furnish free pa.'^sage to all horseback and foot travelers of the county for all time. The jji^i,;;|],i^^ bridge was completed in 1848.

The most rapid growth of Frankfort at any time in her history prior to 1900, was from 1840 to 1845. Its population was doubled during those five years.

In 1845 the "Grand Polka" and many other fashionable and beautiful dances were introduced in Frankfort. In that year P. & J. Swigert did a large and lucrative business in a pork slaughtering and packing establishment. On the 28th of November, 1845, seven hundred hogs were driven through Frankfort from Tennessee on their way to Cincinnati for slaughter.

In 1844 the Board of Magistrates of Franklin County, elected William A. Goram Jailer of the county, and in a short time thereafter he became very intemperate and in 1845 the Court, ''for divers good causes to the Court appearing, it is ordered that William A. Goram be removed from the office of Jailer in and for the county of Franklin, and that Benjamin Luckett be appointed Jailer for said county." Mr. Goram was not satisfied with the order removing him. He took the case to the courts and the Court of Appeals on October 13th, 1845, held that the magistrates had no right to remove him. The Board of Magistrates at that time consisted of the following members, viz: Samuel B. Crockett, James Shannon, John Thompson, Franklin Chinn, Samuel Bristow, Samuel B. Scofield and Dandridge S. Crockett, was convened November 17th, and William Goram, by attorney', appeared, and offered to file the mandate of the Court of Appeals, and the Court said : "This day came again the parties by their attorneys, and the motion to enter the mandate being now fully heard and the court being fully advised, it is considered by the court that the motion be overruled." When giving the grounds on which the question was decided, the court said: "The governed can only preserve their liberty by a division of power, and making the several depositaries of authority guards and checks upon each other. In proportion to the concentration of controlling influence with a few or a single tribunal, however numerous, are the social and civil rights of man endangered. The late attempt of the Court of Appeals to seize upon the power confided by the Constitution of the State to the County Court relative to the office of Jailer impels us to protest against such usurpation and declare the grounds of our resistance." The Court further said: ''We protest against the intermeddling of the Court of Appeals in the matter, and insist that they shall be restrained to their constitutional sphere of action." Further along in the opinion, the Court said: "If the distinction between executive and judicial were not palpable to the bluntest mind, by reference to the case of Taylor vs. The Commonwealth, 3 J. J. Marshall, page 401, it might be learned." The opinion closed with the following statement: "Believing that our rights have been invaded by another branch of the government styling itself the Court of Appeals, and that it is much safer to decline the exercise of all dou])tful authority than to attempt to correct imaginary errors, we declare to the world that we will not record the mandate of the Court of Appeals." On the 8th of June, following, the Court of Appeals issued attachments against James Shannon, Dandridge S. Crockett, Samuel B. " Scofield, Robert C. McKee, Franklin Chinn and Samuel Bristow, magistrates of Franklin County, returnable the fourth day of the term, for contempt in failing to attend the Court in obedience to its summons previously issued and executed, and showing cause why, as justices of the peace of Franklin County they had refused to enter and' carry into effect the mandate of the Court in the case of Goram vs. Luckett, made at the fall term. The defendants were granted the right to execute a bond in the sum of one hundred dollars for their appearance on the day set. The attachments were executed on all of the defendants except Shannon, and they refused to execute the bond for their appearance and they were committed to the custody of Benjamin Luckett as Jailer of Franklin County. At that time a writ of habeas corpus could be issued by two magistrates. On the 20tli of the month a writ of habeas corpus was issued by James Shannon and Robert C. McKee as justices of the peace, to the Jailer, commanding him to bring the body of Dandridge S. Crockett before them in the jail, and show by what authoritj^ he was imprisoned. Mr. Luckett appeared at the time stated and gave the stated cause of the commitment, but tlie Court deemed it insufficient and discharged the prisoner, and thereupon Dandridge S. Crockett and James Shannon issued similar writs for the other members of the fiscal court, and in that way released all of them. John M. Hewitt, George B. McKee and Robert C. McKee were the attorneys who represented the defendants; there was no prosecuting attorney present. On the the 20th of July, 1846, there was an order reinstating William A. Goram as Jailer of the county and at the same term of Court Goram resigned and Luckett was appointed.

The Legislature of Kentucky appropriated a sufficient sum of money to remote the remains of Daniel and Rebecca Boone from Missouri to Frankfort, Kentucky. Mr. Thomas L. Crittenden and Colonel Boone were the committee which was sent after them. Mr. Harry Griswold, who owned the farm in Warren County, Missouri, on which the pioneers were buried, refused to permit them to be removed and the committee had considerable trouble in securing them, though they had the written consent of the near relatives of the Boones. When the coffins were opened it was found that the large bones were perfect in size and shape, but of a very dark color and so far decomposed in substance as to have lost their strength and weight, to a considerable extent; a number of the small bones were rotten and could not be raised in form. Their coffins were entirely rotten except the bottom planks. The body of Boone had been buried about twenty-five years and that of his wife about thirty years.

The committee, with the remains, reached Frankfort in August and the re-interment was on Saturday, the 13th day of September, 1845. It was requested by the committee on arrangements that all business in the city be suspended and that all persons unite in the ceremonies. This committee consisted of the following citizens of Frankfort: Gov. R. P. Letcher, chairman; P. Swigert, W. Tanner, John P. Cammack, Robt. W. Scott, George W. Craddock, Landon A. Thomas, A. C. George, H. I. Bodley, John A. Hoi ton, Keen O'Hara, John L. Moore, Geo. W. Graham, A. G. Hodges, James Davidson, John M. Hewitt, D. S. Crockett, Jno. Mayhall, Joseph Gray, Henry Wingate, John J. Vest, Jacob Beaverson, Lewis Sneed, E. H.

The History Of I-'Kanklin County

Watson, A. W. Dudley, Langston Bacon, C. W. Kenedy and James P. Page. I^ early every county in the State was repre- .sented in the vast a.-^sembly of people and also many from the Southern and Western States were present to pay the last funeral honors to the pioneers of the great western valley. The spot selected for the linal resting place of Daniel and Rebecca Boone was very appropriate, no more beautiful one could have been found in all the great State of Kentucky. Situated on a high hill far above the Kentucky river, it commands an unobstructed view of the surrounding scenery, beautiful, grand, sublime; the Kentucky river wends its way between majestic hills and the spires of the classic old town are seen in the distance. The evergreens which stand above their last resting place constantly remind the wayfarer of the soul's immortality and these

In speaking of the procession which followed the Boones to the cemetery, the Commonwealth said: "Of the people who composed the great body of the procession, it may w^ell be said that the Saxon race in no clime or country could have been more nobly represented, whether for the brave appearance of the men or the splendid beauty of the women; they seemed indeed the suitable inheritors of this goodly land."

The Methodist annual conference was in session at that time and these two events filled every house in the city, both public and private. Every means of transportation wa.s used to reach Frankfort; all the boats which were in the Kentucky river trade at that time were crowded to their utmost limit, and the excursion cars on the railroad and stage coaches from the interior brought thousands of people to the city.

When the first signal gun was fired at 10 o'clock, the large procession began to form and at half past ten, it moved in the following order:

The hearse in which were placed the remains of Boone and wife was drawn by four white horses and decorated Avith evergreens and flowers; the pallbearers were Col. Richard M. Johnson, Gen. James Taylor, General Ward, Gen. Robt. B.

McAfee, Gen. Peter Jourden, Mr, Waller Bullock, Capt. Thomas Joys, Mr. Laiidon Sneed, Col. John Johnson, an early companion of Boone; Mr. Williams and Col. William Boone, a nephew of Daniel Boone. The hearse was preceded by the following military companies:

These troops Avere all in new uniforms, and following which were the Masonic fraternities and Odd Fellows in uniform. The bishop who presided at the Methodist conference and the members of the conference were in the funeral procession. The opening hymn was read by the Rev. A. Goodell, of the Baptist Church, after the singing of which the venerable Bishop Soule, of the M. E. Church, led in prayer. Then came the orator of the day, Hon. John J. Crittenden, who ''enchained attention by the spells of his magic eloquence - that he threw around his subject all the fascinations of his peerless fancy and unrivaled oratory, and when he ceased to speak the listeners still stood fixed to hear." The Rev. J. J. Bullock, of the Presbyterian Church, delivered the closing prayer, and Rev. P. S. Fall, of the Christian Church, pronounced the benediction. After the ceremonies were over the coffins were lowered into the grave and the pallbearers threw some earth over the remains. Hundreds of people then passed by, and each one threw a handful of dirt, and in that way assisted in filling up the graves.

The State, in 1860, appropriated sufficient money to erect a handsome monument, nicely carved, over their remains. This monument was completed in 1862. The panels were of Italian marble. It was built by John Haly, of Frankfort.

The Legislature of 1906 appropriated $2,000, which sum was supplemented by the Rebecca Bryan Boone Chapter of the Daughters of the Americdn Revolution, making a sum sufficient to replace the panels. The work was completed in 1909, making it practically a new one. The new panels are of South Carolina marble, and they are an exact reproduction of the original.

In 1845 the mill at the Kentucky penitentiary ground meal for a large part of the county; its capacity was forty bushels of corn per hour. The toll for grinding was one-eighth.

Clinton and Mero streets, Ijetween Washington and the river, were graded and paved in 1845, so that the water, then in a swampy section of the town, was drained to the river.

In 1845 the postoffice was moved from the jNIansion House to a room on Lewis street, near Main, under the rooms occupied by the Yoeman Printing Company. B. F. Johnson was postmaster.

In 1844 Mrs. M. Train Runyan commenced teaching a private school for young ladies in Frankfort, which became famous in this section of the State, and which she continued to teach for about thirty-five years.

The Franklin Springs were sold in 1845. For more than half a century they had been famous as a watering place. They were located about six miles south of Frankfort. Col. R. T. P. Allen purchased these springs and established the Kentucky Military Institute there. This institution of learning became very popular, especially for Southern boys. Colonel Allen was a graduate of the United States Military Academy at West Point, He was an officer in the Florida war and was professor of mathematics in Transylvania University for three years, which position he resigned to organize the Kentucky Military Institute.

and Anderson counties, commencing at the mouth of Boones Branch in Little Benson, and from thence in a southwesterly course to Hogshead's old house, thence down Parkers Spring Branch to Little Benson so as to include the dwelling house occupied by Fielding L. Connor, but afterwards owned by James D. Parker, in the county of Anderson, and leaving the Presbyterian Church in Franklin County.

In 184G the Legislature appropriated $50 with which to purchase books for the moral culture and instruction of the prisoners in the penitentiary. The fund was placed under the control of the Governor.

Franklin County furnished two companies for the Mexican war. One was Company C, First Regiment Kentucky Mounted V.olunteers, under Capt. Ben C. Milam, and the other was Company B, Second Regiment Kentucky Foot Volunteers, under Capt. Frank Chambers.

The muster roll of Captain iMilam's company is as follows: Ben C. Milam, captain; James H. D. McKee. first lieutenant; Richard D. Harlan, second lieutenant; John T. Roberts, Ben B. Bennett, Humphrey Evans, sergeants; Jolm Swigert and Lewis J. Foster, corporals. The privates wjvc James Herring and B. S. Gayle, buglers, and Joseph Jv(il)b. James Bates, Johnny Cavender, Cyrus Calvert, Robert Coehr m, Nathaniel C. Cook, Clinton D. W. Cook, Benjamin Church, Richard Davenport, Zachariah Dougherty, James E. Evans, Bennett Edwards, B. S. Fields, A. W. Llolman, Jeremiah Harrison, William Ha-ssett, Fielding S. Hawkins, James F. Lee, Samuel C. Leonard, T. J. Macy, L. Martin, A. J. ^Mitchell, A. J. McDonald, William McLean, Ben Franklin Pearce, John LI. Redish, George M. Shannon, John A. Snelling, J. J. Soward, John A. Scott, W. W. Stapp, W. C. Stockton, A. Wilkerson and John S. Semonis. The following were discharged from service on account of disabilities, to-wit: W. M. Robb, B. Utterback, E. T. Parrent, corporals; the privates were G. W. Bailey, R. B. Lloward, D. Hancock, Thomas Harper, Joel Ashley, W. P. Jones, J. J. Kendall, J. D. McKee, S. ^lontague, J. G. :\Iiles, F. M. Milam. S. McQueen, Samuel Mars, R. P. W. Noel, W. H. Price, A. B. Reed, W. H. Suddutli.

and J. Wilson. Those who died in the service were James Bailey, W. J. Hall, Robert Latta, ^Y. Newton, and W. Williamson. The following: J. F. Ellingwood, James Lester, and John Sanders were killed at the battle of Buena Vista February 23d, 1847. On January 22, 1847, the following members of this company were captured by the Mexicans, to-wit: John Swigert, James Herring, James Bates, Cyrus Calvert, Robert Cochran, Zachariah Dougherty, A. W. Holman, John A. Scott, A. Wilkerson, William AVhitehead, and W. S. Wood.

Those who died in the service were Rowland S. Parker, Leandcr Ford, Thomas J. Chambers, Lafayette B. Frederick, James S. Johnson, and Francis Lecompte. Henry Wolf, William Blackwell, Samuel Bartlett, and Major Updike were killed at the l)attle of Buena A'ista Fel^'uary 23d, 1847. Those who were discharged on account of disabilities were William K. INIajor, James R. Page. James E. Coleman. Merriat Young, James AV. Harris, James Blazehard, Wesley Christopher,

Benjamin Robinson, John Taylor, INIatthew L. Hazelett, Stephen Sesfield, Alexander Moss, Enoch Ford, and Thomas J. Todd. The deserters were John White, who deserted at Louisville, June the 13th, and James Crummery, who deserted at Matamoras, Mexico, August the 22d.

The trustees of the town of Frankfort appropriated $200 for the purpose of bringing the bodies of the Franklin County men, who fell at Buena Vista back home, and the county of Franklin appropriated a like sum for the same purpose. Maj.

B. C. Milam went to Mexico after the remains of the men in his company and those of Captain Chambers. He met with Mr. Ruben A. Hawkins at New Orleans, who returned to Mexico with him to point out the graves of those parties whom he had buried there. ]\Ir. Hawkins reached Frankfort with the remains of John Sanders, John Ellingwood, James Seston, Major Updike, L. B. Bartlett, Henry Wolf, W. Blackwell, J. J. Thorp, H. Edwards, A. Goodpaster, Enoch Burton, and Robert Latta. The bodies were received at the wharf by the returned volunteers, under Major ]\Iilam and Captain Chambers, and the McKee Guards, under Captain Crittenden. They were buried in the State ground at Frankfort on Thursday, the 16th day of September, 1847, with military honors. Aljout 3,000 people from Franklin and the surrounding counties were present and took part in the ceremonies.

On July 27th, 1847, the burial of the remains of Col. William R. McKee, Lieut. Col. Henry Clay, Capt. William T. Willis, Adjt. E. P. Vaughn, Lieut. "^Joseph Powell, W. W.' Bay less, William Th waits, N. Ramsey, Thomas Weigert, Alex G. Morgan, C. Jones, H. Carty, T. McH. Dozier, H. Trotter,

C. B. Thomas, and W. T. Green, the honored Kentuckians who were killed at the battle of Buena Vista, took place in the presence of a large concourse of people. The crowd was variously estimated from fifteen to thirty thousand. From sunrise to 10 o'clock a cannon was fired every hour from the battery stationed in the cemetery grounds, under the direction of Captain Goins. At 10 o'clock two guns were fired in quick .sjuccession. the signal for the ceremonies to begin.

Colonel Clay, was present, and near him sat the little orphan children of Colonel Clay. Col. Richard M. Johnson was also present. He was a guest of the McKee Guards. The orator of the day was John C. Breckenridge, whose fine appearance and pleasing address added greatly to his reputation as an orator.

The bodies were removed from the rotunda of the State Capitol and placed in hearses which were arranged in a semicircle on the northwest end of the Capitol grounds. The right of the procession rested on Market street. It moved in the following order:

13. Bodies of the dead, drawn in hear.^es built on cannon carriages, the cannons being shrouded in crepe. The gun taken at Cerro Gordo and the "Thames Piece" were mounted for the occasion. The carriages were hung in black. The hearse which contained the body of Colonel McKee was built on a bra.ss cannon in the possession of the Lexington Legion, and was drawn by four white horses. Following this was the hear^-e containing the remains of Lieutenant Colonel Clav; the re-

At half past eleven the procession was formed and moved through the principal streets of Frankfort to the cemetery. A gun was fired every five minutes while the procession was moving.

John Swigert, John Scott, and W. Iloleman, members of Capt. Milam's company, were captured near Encarnacion by a Mexican force. In July, 1847, they escaped from their guard,

The town of Bridgeport, in Franklin County, was incorporated in 1848. John Jenkins, Frederick Robb, and H. Edwards were appointed trustees. The act provided that the grounds laid out should not exceed fifty acres.

Pleasant Hill, located on Main Elkhorn, near the mouth of Johns Branch, in 1848, elected trustees as follows: Lewis C. Sullivan, Alexander B. Bacon, John T. Hawkins, James M. Graham, and John F. Graham.

The telegraph line between Louisville and Frankfort was completed February 25th, 1848. The first message ever received at Frankfort by telegram was the announcement of the death of ex-President John Quincy Adams, which was received at 9 o'clock a. m. February 25th, 1848. The line to Louisville was completed several days before the line to Lexington.

President-elect Gen. Zachary Taylor paid a visit to Frankfort on the 19th of February, 1849. He came up on a boat (uid was met at the wharf by the joint members of the Kentucky Legislature, the old Mexican soldiers, and a large concourse of citizens. His visit was especially to Governor Crittenden, who was at that time Governor of the State.

Samuel Crockett was Sheriff of Franklin County in 1849, and T. N. Lindsey was elected a member of the constitutional convention from the county.

The memliers of the Frankfort bar in 1850 were Lysandcr Hord, Thomas N. Lindsey, Landon A. Thomas, S. F. J. Trabue, P. U. Major, John C. Herndon, Robert Henry Crittenden,