Henderson County, Kentucky - Chapter 14, 1887

Hurricane, Etc

^^HE year 1810 found the village of Henderson with a much V-y smaller population than it was reported to have had in 1800. The census return for 1800 gave Henderson a population numbering two hundred and five souls; tlie census return for 1810 gave a population of one hundred and fifty-nine souls. There was evidently a mistake in the first enumeration, and this is to be accounted for on the ground of ignorance on the part of those employed to take the list. It is highly probable, and no doubt the fact, that the population of a greater part, if not the entire surrounding country, was accredited to the town in the census of 1800 ; certainly there was no falling off in the population from 1800 to 1810. The census return for 1800 gave Henderson County a population of one thousand four hundred and sixty-eight souls, and Henderson County at that time embraced all of the territory now embraced in the four Counties of Henderson, Hopkins, Union and Webster. The return for 1810 places the population at four thousand seven hundred and three souls, an increase of three thousand two hundred ^nd thirty-five, and yet Hopkins County embracing a territory forty miles in length and twenty six in breadth had been taken from Henderson. It maybe taken as a settled fact, therefore, that there is an important inaccuracy somewhere, and most positively certain that the village of Henderson did not contain a population of two hundred and five souls actual residejits during^ the year 1800.

It is very much to be doubted if the village of Henderson contained a legitimate population of one hundred and fifty-nine souls in 1810, for, by reference to the poll books of an election held on the first day of May, 1819, for the purpose of choosing five trustees of the village, only twenty-one votes were recorded. Estimating the population at seven to the voter, and assuming that the vote owing to its importance was pretty near a full one, the population of the place at that time would have been only one hundred and forty-seven.

Hemp And Cotton Culture

Hemp and cotton were both grown in the county this year, but with what success it is unknown. G. W. Warde, living on the Ohio River between Evansville and its mouth, cultivated both, and at the December term of the County Court, made application for the establishing of an inspection warehouse.

Contempt Of Court

At the July term of the Circuit Court Judge Broadnax had his temper and judicial courage thoroughly tested by Edward Cheatham, one of the venirmen, who was a man of some importance at that time.

Mr. Cheatham engaged in conversation, and being rather strong of lung, inteirupted the business of the court. He was admonished by the Judge and yet persisted. He was fined six dollars, and this seemed to incense him ; he was fined ten dollars once, twice, and yet he refused to be quiet ; he was fined thirty dollars, once, twice and three times, and still he defied his Honor, the Judge. Finally he was ordered to prison in the custody of the jailer, there to remain until his several fines, aggregating one hundred and sixteen dollars, were paid, or secured to the Commonwealth. He ranted and raved, as he journeyed on to the house of correction, and not until having slept one night a prisoner, and calculating the cost, did he come to a proper understanding of how foolishly he had acted, and the extent of his beligerency. He succumbed to the magesty of the law, and prayed pardon, which was granted next day. This determined course of Judge Broadnax ever afterwards secured him the respect due his position, and no more self-important men tempted his authority.

Horse Racing

Horse racing was extremely fashionable in 1810, and perhaps more than half a dozen tracks were located at different points in the county, where men would congregate and bet from a gill of cider to twenty-five, and even fifty dollars lawful money. Those men who* frequented such places were, as a general rule, wild fellows, given to frolic and recklessness, and caring little for the Sabbath day.

militia was descending the Mississippi River to aid in the defense, .and when it arrived at New Orleans, was almost entirely without arms or ammunition, nor were there-^^-any adequate magazines in the city from which they could be supplied. Several boat loads of arms had been shipped at Pittsburg, and were then struggling through the shoals of the Ohio, and such was Jackson's preparation for defense. General Thomas' Division of Kentucky Militia arrived in the early part of January, but could not at first muster over five hundred muskets. Immense exertions were made to arm them, and even on the day of battle, there were six hundred ready and anxious to fight, who could not procure a musket or shotgun, with which to defend their country.

Henderson Soldiers

Early in December, Captain Robert Smith, of Henderson County, and father of the present County Clerk, embarked with his company on board a flatboat en route to join the other Kentuckians, who were moving down the river to reinforce Jackson's little army. Henderson was represented in this command by Captain Robert Smith ; First Lieutenant, Morton Rucker ; Asa Turner, Ensign ; Thomas Kilgour, Payne Dixon, Joel Lambert, John McGraw, William Lambert, William Sandefur, Charles M. Brown, William Arnett, John Mayho, Strother Berry, John Vickers, William Tupin, Dan. Powell, Philip Mc Namar, Thomas Skillet, Eneas Hardin Obediah Keach , John Fuquay, Jesse Stephens, Samuel Butler, Daniel Bromley, John Slayden, Stephen Rouse, Captain Holmes, Handley Harmon, Captain J. B. Anthony, and many others.

In this boat they proceeded as far as Smithland, at the mouth of Cumberland River, where they were transferred to an ordinary horseboat. This was a miserable, rickety affair, and absolutely filthy, so much so, many of the mfen were taken sick, and seven of them died before reaching Natchez. This sickness and death was attributed to the unhealthy condition of the horse-boat, ^nd upon arriving at Natchez, another boat was provided, and in this they floated to their landing place, at the bank in front of the city, arriving on the evening of the fourth of January, 1815.

Thus we find Captain Smith and his little band of patriots landed at the City of New Orleans. They arrived there late in the evening of the fourth, every man eager to be assigned a place directly in front of a Red Coat, or, if needs be, on the picket line.

be fought, and actuated more by this, perhaps, than any other incen tive, they were almost uncontrolable. They fumed and fretted, they complained, and yet it seemed as though they were destined to be left behind. The company had no arms, and for a time it looked as though they would never be supplied. This enraged many of them, and all the camp guards and strict military regulations were hardly sufficient to restrain these determined fellows and keep them within bounds. Several of them, disregarding all rules of discipline, secretly abandoned camp, and before morning returned with a gun apiece which they had purchased or purloined. On January 7, their great anxiety was satisfied by the arrival of guns and ammunition, and they, with the other Kentucky troops, were assigned a most important place in the line of battle.

The Morning Of The Eighth

Was cloudy and misty, and about daybreak General Packenham presented his compliments, by the firing of two rockets in the air, which were the signals to move forward. The Kentuckians little dreamed, while floating down the Mississippi unarmed, and suffering the privations incident to those early times, that they were so soon to stand face to face in front of the Duke of Wellington's trained soldiers ; soldiers who had met and defeated the great Napoleon only a short time previous ; soldiers who had been taught to know no fear, to respect no danger ; but these were the men whom the militia had volunteered to drive from Louisiana soil. About eleven hundred Kentucky militia, and a Tennessee brigade, formed the center of Jackson's army behind breast works.

The Kentuckians were commanded by General Ad ir, who formed a reserve corps, and were directed to march to the assailed point and strengthen the line there. Lt was well understood that an attack would be made on the eighth, and the Kentucky troops were marched to the lines before daylight, and halted a few yards from the center uotil the grand point of. attack should be disclosed. An eminent historian says in his story of the battle :

-'It was intended that the lines should have a depth of ten files at the point of attack, so that the stream of fire should be incessant Thf front rank alone would fire as fast as the nine ranks behind could pass forward their loaded muskets, receiviiig those discharged in their places,

" When the point of attack had been clearly disclosed, the Kentuckians were ordered to close up with the Tennesseans, upon whom it was evident the storm was about to burst.

"In three columns the English veterans of six glorious campaigns, cov^ ered with renown as with a garment, and hitherto victorious on every field, rushed against an earthen breastwork, defended by men who had hurried from the plow and the workshop, to meet the invaders of their country. The fog lay thick and heavy upon the ground, but the measured step of the center column was heard long before it became visible, and the artillery opened upon them, directed by the sound of the mighty host, which bore forward as one man to the assault. At the first burst of artillery the fog slowly lifted and disclosed the center column advancing in deepsilence, but with a swift and stead} pace.

-'The field was level as the surface of the calmest lake, and the artillery plowed through the column from front to rear without a moment slacking its pace or disordering the beautiful precisions of its formation.

"Its head was pointed against the center of the Kentucky and Tennessee line, whose ten ranks of musketry stood ready to fire, and as soon as it came within one hundred and fifty yards the musketry opened with destructive efl:ect. Then there was a inoment's pause in the fire. The artillery along the whole line discharged showers of grape, the roar of musketry was as one deep uninterrupted thunder like the roar of one hundred waterfalls, and the central breastwork tor four hundred yards was in a bright and long-continued blaze, which dazzled the eye, yet the heroic British column still bore forward into the very jaws of death. The head of the column actually reached the American ditch, and were there killed or taken. The residue f)aused and seemed bewildered for a moment, and then retired in disorder under the same exterminating torrent of fire, which had greeted their advance.

'-Their commander, General Packenham, and Generals Gibbs and Kean, next in command, had fallen. A host of inferior oflicers had shared the same fate, and their organization for the time was destroyed "

Captain Payne Dixon

Who fought with undaunted courage throughout the entire battle, declared to the writer that at times his gun, from extreme heat produced by rapid firing, became unbearable to the hands. During the greater part of the firing, so dense was the smoke, the enemy could not be seen, and when the firing ceased and the British were found to be in full retreat, several of the Henderson boys mounted the breastworks and were about to rush out upon the field to secure a red coat, when they were peremptorily ordered back. The Henderson company fought on both sides of the Mississippi, having crossed over after the repulse of General Packenham to reinforce General Morgan, who was engaging the enemy with about 1,000 militia. On that side the Americans were repulsed.

After the battle the troops went into camp, and remained until April, when the Kentucky boys started on their journey home overland, on foot.

An Ovation

In passing through New Orleans, the ladies and citizens cheered them lustily, the ladies showering upon them bouquets of beautiful flowers, as an evidence of their high appreciation of the brilliant and self-sacrificing service rendered in behalf of the safety of their beautiful Southern home.

The march from New Orleans to Natchez was a terribly hard one, and by some means the commissary department had been neglected, and the soldiers were actually suffering from the want of something to eat. At Natchez, several of the soldiers traded for and purchased horses, which they ro^e home.

Arrival Home

In the month of May the Henderson soldiers arrived at their home, and were received with shouts of joy by their friends and kinsmen. They had performed a noble duty, and won for themselves the gratulations of their countrymen. They had been foremost in the battle, and had been chiefly instrumental in defeating, certainly one of the grandest armies the sun had ever shown upon.

Flood Of 1815 First Counterfeiter

At the March term of the Circuit Court James Davis was indicted for felonously counterfeiting money. He was tried, and sent to the State prison for three years. A specimen of his work is on file in the Circuit Court Clerk's office, and is certainly the equal of any engraving done at this day. With the exception of the paper used, the work is very superior.

At this term of the court Assistant Judge Knox was again indicted for the exercise of one of his youthful indiscretions, which seemed to hang to him in his comparative old age.

Walter Alves, who had been commissioned to fill the vacancy occasioned by the resignation of Dr. Adam Rankin, Associate Judge, produced his commission and was qualified at the June term.

An Act Concerning Circuit Courts

*^ Be it enacted, etc., That so much of any and every law, as creates the office of Assistant Judge, shall be, and the same is hereby repealed, and the Cir- cuit Judge of each Circuit Court shall alone possess all the power and authority for the trial of criminal and civil cases as the Circuit Courts heretofore possessed."

In obedience ta this act, Assistant Judges Hugh Knox and Walter Alves stepped aside, and left Judge Broad nax alone in his glory for the first time.

In the early part of this year Benjamin Stevenson, of the Territory of Illinois, sold to Samuel Givens, of Union County, four hundred and five acres of land for one thousand gallons of whisky, estimated to be worth nine shillings per gallon. On the sixteenth day of January

Thomas Towles

Was appointed and commissioned one of the judges of the Illinois Territory. Upon a superb piece of parchment and written in a bold, legible hand, appears the following :

" James Madison, President of the United States of America to all who shall see these j^^'^sen^s greeting. Know ye. that reposing special trust and confidence in the wisdom, uprightness and learning of Thomas Towles, of Kentucky, I have nominated, and by and with the advice of the Senate, do appoint him one ot the judges in and over the Illinois Territory, and do authorize and empower him to execute and fulfill the duties of that office according to law, and to have, and to hold the said office with all the powers, privileges and emoluments to the same of right appertaining, during his good behavior or during the existence of the government established by the act of the Congress of the United States, passed the third day of February, 1809, entitled an act for dividing the Indiana Territory into two separate governments, and the ordinance of Congress passed on the thirteenth day of July, 1787, therein referred to, he to reside in the said Territory. In testimony,

'* Personally appeared before me, Ninian Edwards, Governor of the Territory aforesaid, Thomas Towles, who took the oath of fidelity to the United States, and the oath of office as judge in and over the Territory aforesaid. Given under my hand and seal, this seventh day of March, 1816.

Ninian Edwards

"bogus currency." While both population and business were increasing, and the town and county were otherwise steadily growing, great difficulty was experienced in the effort to get a satisfactory medium of exchange.

This was the beginning of the period when the old banking system held sway. Paper money of all kinds and denominations began to flood the country, worthless bank-notes, private bills, and other shin-plasters, seemed determined to crowd out the specie currency, that had been common in use. Disaster came upon many of the business men, and a want of confidence limited all kinds of transactions in which money played the greater part. During the year, petitions were circulated over the counties of the State, praying for banking facilities. Every county wanted a bank, and Henderson, like the rest, was greatly excited over the proposition. As I go along through the years 1817 and '18, the reader will see what was the effect of this financial craze.

Audubon'S Mill

On the sixteenth day of March John J. Audubon, who had been a resident of Henderson since 1812, and Thomas W. Bakewell, under the firm name of Audubon & Bakewell, made application to Daniel Comfort, William P. Bowen, Wyatt H. Ingram, Fayette Posey and Bennett Marshall, trustees of the Town of Henderson, to lease for the term of ninety-five years, a portion of the river front, for the purpose of locating and erecting a steam sawmill. The Trustees, after mature deliberation, and fully considering the premises, granted to the petitioners the margin of Water Street, beginning at a post two hundred feet from the upper corner of lot No. 4 on the cross street, (Second Street), thence down Water Street two hundred and twenty feet to a post, thence at right angles from each of said posts to the Ohio River, reserving the free and uninterrupted use of the front for navigation and landing of boats, etc., for, and in consideration of the sum of twenty dollars to be paid annually. During the year the mill was built, and is yet standing to-day, perhaps the strongest frame in the city. It is the second or far section of the David Clark factory, now standing on the corner of Water and Second cross streets, and is the oldest building now standing in Henderson.

Henderson, during 1817, enjoyed, as she had done for several years previous, the privileges of a good school. The Trustees of the old Seminary had in their employ one Elisha N. Plumb, of Philadelphia, a man of fine training and considerable experience as a teacher. In the Seminary building religious services were held on the Sabbath, and all in all the religious and educational interests of the community were well provided for.

The commercial advantages of the town had become more sisnificant, and as a general thing all branches of trade then established were doing at least a. living business. The crops of the county were larger this year, and indeed, had assumed magnificant proportions. The inspection warehouses during this year handled over fifteen hundred hogsheads of tobacco, of this number the Henderson house received three hundred and eighteen hogsheads, and Ingram nnd Posey six hundred and eighty-four.

First Steamboat Built At Henderson

The first steamboat built in Kentucky, and the fourteenth boat built on the Western waters was the *'Pike," built by J. Prentiss at Henderson. She was a twenty-five ton boat, and built for the trade from Louisville to St. Louis ; afterwards ran in the Red River trade, and was lost on a sawyer in March 1818.

This same year Samuel Bowen and John J. Audubon, built a small steamboat, and a short time after her completion, the officer in command ran her out of the Ohio, and Audubon thinking all was not well, followed on in a skiff, but failed to overtake her until his arrival at New Orleans. Here he seized the boat and rather than suffer further annoyance, sold the craft at a sacrifice.

ITEMS OF 1818. The value of real estate in the growing village had considerably increased, and the future promised great things. Audubon and Bakewell had not only built, and were successfully working a large steam grist mill, but in addition had built and were successfully operating a large sawmill. The old-fashioned whip-saw, with its long and tiresome stroke, had now to succumb to the work of machinery, driven by steam. A bank was promised, and before the end of the year was in full blast ; brick yards had been established, and a strong disposition to build, manifested itself among the inhabitants. The house in which Mr. James Graves and family now reside was built by Harris & Tobin. All of the interior wood work, and most of the weatherboarding, which was made of pine, is still intact, and better to-day than that which has been replaced within the last ten years. All of the brick work done at that time was laid in the Flemish bond, a more expensive, and far more substantial mode than is adopted at this time. Brick work done after the Flemish bond system, in after years became, it is said, as solid as stone and almost impossible to be torn to pieces. About midway of the same square, between Main and Elm on Clay, or Lower Third Street, Harris & Tobin built and operated, for years, the first tobacco stemmery known in this section of the country. This old house stood back from the street line and was only torn down when incapacitated by age, and inferiority of design and capacity to successfully compete with larger, and more conveniently located houses. In this house A. B. Barrett, first commenced the tobacco business, and continued there until he was better suited in another house, higher up-town.

A Boom

About this time there was one of those periodical booms, which Henderson has so often experienced, and by which up to this time she has been so little benefitted. Land and town lots - (to use a common expression), went clear out of sight, and wages out of all reason. The people seemingly went wild, and fully ten or fifteen houses were built durins: the vear.

This was one of the years, for which the civil history of Kentucky is memorable, by the dreadful monetary derangement which lead to the passage of the relief laws, and gave rise to the most embittered and violent conflict of parties which has ever occurred in Kentucky. The financial affairs of the civilized world were in a painful state of disorder. The long wars of the French revolution had banished gold and silver from circulation as money, and had substituted an inflated paper currencv, by which nominal prices were immensely enhanced- At the return of peace, a restoration of specie payments, and the return of Europe to industrial pursuits, caused a great fall in the nominal value of commodities, accompanied by bankruptcy upon an enormous scale. In Kentucky the violence of this crisis was enhanced by the charter of forty Independent banks, with an aggregate capital of nearly ten millions of dollars, which were by law permitted to redeem their notes, with the paper of the bank of Kentucky, instead of specie. These banks were chartered at the Session of 1817-18. Every little town and village in Kentucky wanted a bank, and Henderson was among the foremost. On January 26, 1818, an act to establish independent banks in this Commonwealth was approved.

First Bank

Among the number is the following: " A bank, to be denominated the Bank of Henderson, in the Town of Hendersqn, with a capital of one hunded and fifty thousand dollars, to be divided into one thousand five hundred shares of one hundred dollars each, under the direction of Samuel A. Bowen, James Wilson, James Hillyer, Walter Alves, Nicholas C. Horseley, Leonard Lyne and Wyatt H. Ingram, or a majority of them, for the sale of stock, and continue open for sixty days, unless the stock is sooner taken up." The subscribers, their successors and assigns were made a corporation and body politic in law, and in fact, b^' the name and style of the President, Directors and Company, of the Bank of Henderson, and were authorized to continue until the last day of December, 1837.

This bank was given plenary, or full banking powers, and directed, as soon as one-fifth of the capital stock was actually received on account of the subscriptions, to give notice in two newspapers, printed in the State, to notify a time and place in the town, giving at least thirty day's notice for proceeding to the choice of a president and eight directors. The Board of Directors were invested with all power usually given officers of such corporations. The bank notes thrown into circulation, were restricted to three times the amount of capital, over and above the moneys then actually deposited in the bank, and in case of excess, the directors shall be individually liable for the same. Under this act, the Bank of Henderson organized, with what amount of paid up capital, it has been impossible to ascertain. Captain Samuel Anderson was elected the first president, and James Hillyer the first cashier. Monied transactions were pretty heavy in those days, as is evidenced by old notes appearing here and there, in oldtime papers, now worthless.

The Bank of Henderson commenced business in a two-story log house, which stood on the southeast corner of Main and Second Streets, and at the same time commenced the building of a brick banking house on Main Street. As a great many corporations have foolishly done before, the directors of this bank concluded to furnish all materials, and pay. for all labor by the day, or by the job, as the case might be. Moses Morgan and John Mason were employed to do the woodwork, and Francis Hammill, the brick-work. The lumber was pur. chased from the " Henderson Steam Mill, " operated by John Audubon & Co., and the brick manufactured by the company. As a consequence of this plan, the house cost a third more than it ought to have cost, and the building committee engaged in a continued dispute with the workmen. Francis Hammill'sbill was disputed, and by agreement, submitted to John Lewis and Charles Peck, brick masons, who after calmly considering and investigating, gave Hammill more than he claimed. Another trouble, was the delay in getting work done. Most of the directors had a hand in the building, yet everyone of them charged liberally for all he or they did. This building, which is now known as the Kerr, Clark & Co. Counting Room, was begun in May, 1818, and completed the latter part of 1819. The following is the estimate made by Lewis and peck, of the number of brick used :

Francis Hammill's bill for brick work, which was allowed by the committee of arbitration, was three dollars per thousand for laying in the wall, twelve arches at three dollars each, and one arch at five dollars. This was the arch over the front door. The following is one of Audubon's bills :

The putty - thirty pounds used in glazing, cost forty cents per pound, only thirty-six cents per pound more than the same material is worth at this time. In the same summer of 1818, when the Bank of Henderson commenced business, the State was flooded with paper money, and to add to this financial uncertainty, our bank turned loose a goods boxfull of her notes. With this, speculation sprung up in all directions, large loans were rashly made, and as rashly expended. Most of these financial bubbles exploded within one year, and only a few were alive at the end of two vears. Following: in the wake of the unfortunates, the Bank of Henderson, after two years of unsuccessful business, turned her toes to the daisies, and effected a settlement as best she could. In the meantime, the pressure of debt became terrible, and the power to replevy judgments was extended by the Legislature, from three to twelve months, by an act passed at the session of 1819-20.

faint idea of the frightful condition of monetary affairs throughout Kentucky, after the forty banks had been incorporated and let out their circulating issue. During&the year 1819, this monetary distress became more and more alarming, and in the summer of 1820, the cry for further relief became overwhelming. Vast majorities of both houses of the Legislature were pledged to some measure which should relieve the debtor from the consequences of his rashness. The reign of political quackery was in its glory. The sufferings of the patient were too acute to permit him to listen to the regular physician, who prescribed, time^ industry and economy as the only honest and just remedy. He turned eagerly to the quacks, who promised him instantaneous relief, by infallible nostrums, and specifics tvithout pain, luithout self-denial, and without paying the penalty which nature always imposes upon any gross violation of her laws. The great cry of the people was, more money, and their heaviest complaint was, debt. Therefore the Legislature of 1820-21 chartered the bank called the " Bank of the Commonwealth," which was relieved from all danger of suspension, by not being required even to redeem its specie. Its paper was made payable and receivable for public debts and taxes, and certain lands, owned by the State, south of Tennessee River, were pledged for the final redemption of its notes. Its business was to pour out paper in profusion, in order to make money plenty. The creditor was required to receive this bank paper in payment of all his debts, and if he refused to do so, the debtor was authorized to replevy the debt for the space of two years. By more mad legislation, the paper of the new bank sank rapidly to one-half its nominal value, and the creditor had his choice of two evils - one was to receive half of his debt in payment of the whole, and the other was to receive nothing at all for two years, and at the end of that time, do the best he could, running the risk ot new delays at the end of that time, and the bankruptcy of his securities. The indignation of the creditor at this wholesale confiscation of his property, can be imagined, and as a consequence, society rapidly arranged itself into two parties, called Relief and anti-Relief. The constitutionality of the Commonwealth Bank act was tested and decided against the State. This decision created intense indignation among the debtor class, which was at that time in a large majority. An appeal was taken to the Court of Appeals, and the question came directly before them at the fall term, 1823. Their decision was awaited with intense anxiety by all parties. Terrible denunciations of popular vengeance in advance, if they dared to thwart the will of a vast majority of the people, were intended to warp their judgments or operate upon their fears. The Judges had maintained an unbroken silence, but when called upon, delivered their opinion seriatim and at length, calmly concurring with their brethren of the Circuit Court, that the act was in violation of the Constitution of the United States and totally void. The opinion created an immense sensation throughout every county of the State, and the conflict of parties was renewed with redoubled fury.

The majority now determined to sweep from their path, and make an example to future ages, of the three calm and recluse students, who had dared to set up reason against rage, and the majesty of truth and law against the popular will. The great majority had been accustomed to make and unmake, to set up and pull down at its sovereign will and pleasure. The judiciary, by the Constitution, held their offices during good behavior and nothing less than twothirds of both houses could remove them.

The canvass of 1824 was conducted with the hope of obtaining this result. General Joseph Desha, candidate of the relief party, was elected by a large majority, a vast majority of both houses were of the relief party. At the following meeting of the Legislature the three Judges were summoned before the Legislative bar and assigned reasons at length for their decision. This was unsatisfactory to the crazed majority, and a vote was taken to remove the Judges of the Supreme Court, but a constitutional majority of two-thirds could not be obtained. They found they could not remove the Judges by impeachment or address, because their majority, although large, was not two-thirds of each house, but they could repeal the act, by which the Court of Appeals had been organized and could pass an act organizing a new court.

A bill to this effect was drawn up and passed by a large majority in the House of Representatives, and by a nearly equal majority in the Senate. No time was lost in organizing the new court, the old court, however, denied the constitutionality of the act, and still continued to sit as a Court of Appeals. A large majority of the bar of Kentucky recognized them as the true court, and a great majority of the Circuit Court Judges obeyed the mandates as implicitly as if no reorganizing act had passed. The title of parties now changed from relief and anti-relief to old court and new court.

Great activity was exerted in. the canvass of 1825, and never were the passions of the people more violently excited. The result was the triumph of the old court party by a large majority in the popular branch of the Legislature, while the Senate still remained attached to the new court.

In the canvass of 1826 both parties arrayed in final struggle for the command of the Senate, and the old court party again trium )hed. At the ensuing sessfon of the Legislature the obnoxious act was repealed, thcopinion of Governor Desha to the contrary, and the three old Judges re-established de facto as well as de jure. Their salaries were voted them during their forcible and illegal removal from office, and all acts of the new court treated as a nullitv. This certainly was one of the most signal triumphs of Irw and order, over the fleeting passions of people, which has ever been recorded in the annals of a free people.

The fate of the Commonwealth Bank, and its almost unlimited amount of worthless paper currency, and the replevin laws connected with it, was forever sealed by the triumph of the old court party. The replevin laws were repealed, and the bank extinguished by successive acts of the Legislature, which directed that its paper should be gradually burned, instead of reissued. In a few years, its paper disappeared from circulation. New banks were afterwards chartered and another vast quantity of paper money put afloat to stimulate the wildest spirit of speculation. Everybody rushed into the market to borrow money to carry out some pet thought or wild scheme, but this fabric was too baseless, and unreal to endure. In the spring of 1837, all of the banks of Kentucky suspended specie payment. In this state of things the Legislature of 1837 met and legalized the suspension of the banks. By the exercise of superior business tact, the financial condition of things was again brought to a satisfactory conclusion, and the counties of the State again took on new life. During these troublous times Henderson County was fortunate to be represented by Leonard H. Lyne, Samuel G. Hopkins and Judge George Morris. Henderson County's history during this time, and since, is so closely interwoven with that of the State that it would be impossible to give a satisfactory view of the subjects which engrossed the attention of the people, without entering into details forbidden by the plan of an outline sketch like this. It is safe to say, however, that political relief and anti-relief, old and new court, excitement ran as high in Henderson as in any other county in the State, but from the character of men elected to represent the county during the time, we may safely conclude that Henderson stood by the honor of the State, and was enrolled with those, whose inherent attachment to sober and rational liberty, guided them in every action, public or private.

Town Lots Sold For Taxes

During this year a number of town lots and lands, sold under the act of Congress of March 5 and April 26, 1816, for direct tax, were redeemed. The following receipt goes to show how low down the Government of the United States did go in those days for tax money:

" Received, the twentj-ninth dav of November, 18. 8, from Thomas K, Moore, the sum oi ihirty-Jive cents, being the amovmt of the purchase money for one lot in Henderson Counlj, in the Fifth District of Kentucky, containing one lot in Henderson, on Water Street, sold under the acts of Congress March 5 and April 26, 1816, to satisfy the direct tax of 1816, and additions thereto, due by Jacob Keel for tax 29 cents. John II. Moore, addition of 20 per ct 6-35 cts. collector designated by the Secretary of the Treasury in the State of Kentucky." '

Constantine S. Rafinisque

A native of Galota, near Constantinople, Turkey, a naturalist of great reputation, spent some time during the early part of this year with Mr. Audubon.. He came down the river in an " Ark," which he owned and occupied conjointly with another.

Improvements Of Green River

During the session of the Legislature, 1818, an act for the improvement of Green River was passed and approved. This act did away with the system of working Green River by overseers appointed by the County Court, and appropriated ten thousand dollars annually of the State dividend of the stock of the Bank of Kentucky, for the purpose of improving the navigation of the river and its navigable branches.

A Graceful Compliment

At the regular term of the Circuit Court the only order entered of record, was written by Judge Broadnax, in his own hand, and was quite a compliment to the Circuit Clerk. The following is a copy of the order :

" It appearing to the satisfaction of the court, that Ambrose Barbour, clerk of this court, is too much indisposed to attend to the duties of his office during the present term, it is ordered that court adjourn until the next term.

The first murder, of which the Circuit Court had judicial notice, and the second one since the formation of the county, was committed in 1818. This was the celebrated case of Stephen Grimes and Charles E. Carr, for killing Lemuel Cheaney, near Colonel Elias D. Powell's meadow farm, a brief sketch of which will be found under the head of " Sketchs and Recollections."

Charles E. Carr was tried at this term for the murder of Lemuel Cheaney, found guilty, and sentenced to be hung ; was subsequently hung, to-wit : on the twenty-sixth day of July.

Jean Spidel, for himself, wife and children, late subjects of the Duke of Wertemburg, Germany, asked to become a citizen of the United States. The family consisted of Jean Spidel, thirty-three years of age ; Charlbtte Elizabeth Spidel, thirty-five years ; John, eleven vears, and Christian, three vears of ajje.

The first suit for slander, brought in the county, was that of Daniel Toole vs. Gabriel Homes, brought at this term of the court. Toole proved his case, and was given a verdict for four hundred and twenty-five dollars.