Henderson County, Kentucky - Chapter 23, 1887 (part 1 of 9)

Great Land Sale, Etc

'! - - ENDERSON County now contained by the Federal census, eleven l) thousand, seven hundred and seventy-nine natives, and six hundred and eighty-eight foreign whites, and five thousand, nine hundred and ninety blacks, making a total population of eighteen thousand, four hundred and fifty-seven, an increase since the census of 1860, of four thousand, one hundred and ninety-five. From 1860 to 1870 the increase of the negro population was only one hundred and forty-six, while the increase of the whites was four thousand and sixty-two.

On the second day of January of this year occured the heaviest snow fall ever known in the State, reaching in many places a depth of from three to four feet.

March 21, an additional voting precinct was established. Henderson Precinct, under this act, was divided into two precincts, called Upper and Lower, Third Street becoming the division line.

August 1, the colored population legally qualified, exercised the right of^suffrage for the first time. Great fear was apprehended, but th"e election passed off as quietly as any that had ever preceeded it.

At this election the " Road Tax " proposition was submitted, and carried by a majority vote of the people. The first levy was made at the October Court of Claims, two dollars upon each person legally bound to work upon the roads, and ten cents upon the one hundred dollars worth of property ad valorem. Two-fifths of this amount was set aside as a sinking fund for the purpose of taking up the bonds of the county.

Thursday, July 7, William McClain's great land sale drawing took place in " Weisiger Hall," Louisville. Ticket No. 8,553, owned by Dennis J. McLaughlin, a carpenter, of Brashear City, Louisiana drew the capital prize, consisting of river bottom land of the finest character, valued at one hundred and fifty thousand dollars, and ten thousand dollars in cash.

Ticket No. 7,175, owned by Robert Hunt and Frank Karesner, of Louisville, and others, drew the second prize, consisting of river bottom land valued at thirty thousand dollars, and five thousand dollars in cash.

The first ten days during the month of February, the two banks of the city, the Farmers' and National, paid out in tobacco checks, six hundred and fourty thousand dollars, of this amount the Farmers' Bank paid four hundred and fifty thousand, and the Henderson National one hundred and ninety thousand dollars.

On the thirtieth day of December, a proposition to subscribe for five thousand shares, of fifty dollars each, to aid in building the South Kentucky Railroad, was submitted to a vote of the people, and as usual with Henderson County, easily and most gracefully defeated. The South Kentucky has never been breathed from that day to this.

February 6, the Legislature repealed the act of February 27, 1867, authorizing the county to levy an ad valorem tax for public uses, and in lieu of that, enacted a law authorizing the county court to issue and sell her bonds, to an amount not exceeding forty thousand dollars

March 18, an act to lay the State off into ten Congressional Districts was passed. Under this apportionment, Henderson, Daviess, Hopkins, Muhlenburg, Ohio, McLean, Christian, Webster, Union, and Hancock Counties formed the second district.

The road law having been adopted by the people, and a tax created for the purpose, at the February term of the County Court, a motion was made to elect for th^e first time under the new law, a Superintendent of Roads. The court was pretty evenly divided, as will be observed by the following vote :

Those voting in the affirmatives were Turner, Toy, Shelby, Griffin Cooper, Parker and Pritchett, (7.) Those negative, were Royster, Priest, Farley, Denton, Long and Gibson, (6.) The motion was declared adopted. J. T. Wilson was elected, and an order passed directing him not to expend exceeding three thousand dollars upon the

March 28, an act was approved incorporating the Evansville & Jackson Railroad. The incorporators from Henderson were Henry F Turner, E. L. Starling, W. A. Hopkins, George M. Priest, E. W. Worsham, Joseph Adams and Leonard H. Lyne. Quite an amount of wind work, and perhaps some practical work has been indulged, looking to the building of this road, but at this time there is no prospect for its early completion. (See Ohio Valley Railroad.)

March 28, Captains A. O. Durland, Charles G. Perkins, E. O Boyle and St. John Boyle, were incorporated under the name and style of the Evansville & Henderson Railroad Packet Company.

Kentucky Boundary

April 23, an act was approved, having for its object the settlement of the boundary line between the State of Indiana and this State. The unsettled boundary begins at the head, of the Island, known as Green River Island, opposite, or nearly so, the mouth of Green River, running thence in a direction down the Ohio River to the lower end of said Island, upon a line dividing said Island a.Vd the State of Kentucky, from the State of Indiana.

Many years ago, even in ordinary high water, steamboats passed down the schute between this Island and what was then known as the Indiana shore, but annual sediments, and the rapid growth of willows and cottonwoods caused the chute to fill up, until at this day it has become valuable as farming lands. Kentucky claims up to the corporate limits of Evansville, under the United States survey made at the time Indiana was admitted into the Union of States, but since the change made by annual high waters, there has been a dispute between the two States as to the correct boundary line. Under the act of

April 23, the Governor was authorized and directed to select a commissioner, a practical surveyor, who was to be a resident of Kentucky, to act with a similar commissioner from the State of Indiana, to carry into effect the provisions of the act. David N. Walden, of Henderson, was selected by the Governor, and August Pafiflin, of Evansville, Indiana, by the Governor of that State. These commissioners, guided by old papers in their possession, proceeded to make a close and accurate survey. They were careful and painstaking, and after weeks of hard work, succeeded in agreeing upon the line, and caused stones to be planted marking the survey. On the fifth day of March, 1878, this survey was ratified by the Kentucky Legislature, but upon coming before the Indiana legislature, was rejected, and there the matter has stood from that day to this, so far as any settled understanding is concerned.

On the nineteenth day of February, an act was approved, apportioning the State into thirty-eight Senatorial Districts. Under this apportionment, Henderson and Union became the Fifth District.

1875. The summer of this year will be remembered by river bottom planters as the one most destructive ever known in the history of the country. On the seventh day of August, the whole bottom country, bordering on the Ohio and Green rivers, was inundated and remained so, long enough to completely destroy the growing crops of corn and tobacco. Al] the tenants and renters were completely ruined, while landlords had to content themselves with the loss of rent and .any amounts they had advanced. It was a most destructive year, and but for the liberality of land owners, great distress would have followed.

February 25, an act was passed by the Legislature incorporating William Soaper, H. P. Randolph, F. T. Crutchfield, George L. Robard-s, Charles Elliott and G. B. Martin, under the name and style of the "Walnut Bend Fence Company."

March 20, an act was passed and approved exempting citizens living north of Green River from the two dollars per capita tax, and of ten cents on each one hundred^.dollars worth of property, now assessed and levied as a road tax ; but they were required to work on the roads of that district under the rules governing road services before the act of March, 1869, went into effect.

An act, entitled "An Act for the protection of sheep in Henderson County," was passed at the same term. This act required the Assessor, in taking lists of taxable property, to list all dogs, and upon each dog should be levied and taxed two dollars, and on each bitch the sum of three dollars ; provided, the party or parties so assessed should be permitted to own one dog, or one bitch, upon which no tax should be levied or assessed. The amounts arising from this tax was directed to become a part of the white school fund. It was further enacted that any person owning, having or keeping any dog or bitch should be liable to the party or parties for all damages done by these

March 15, an act was passed reducing into one the acts relatmg to the roads of the county. It directed the division of the roads into precincts, and the apportionment of surveyors to let them out to the lowest and best bidder, commencmg Monday, April 1.

The tenth census credits Henderson County with a population of twenty-four thousand five hundred and fifteen souls. Of this number sixteen thousand nine hundred and forty-three were whites, and seven thousand five hundred and seventy-two were blacks. Of the whites, six hundred and forty-four were foreigners.

Comparing the census of 1880, with that of 1870, it will be observed that the increase in population aggregates six thousand and fifty-eight souls, and of this increase, four thousand four hundred and seventy-six were whites, and one thousand five hundred and eightytwo were black.

Tennessee, 779 of Virginia, 171 of Ohio, 1,896 of Indiana, 191 of North Carolina, 17 of British America, 59 of England and Wales, 154 of Ireland, 11 of Scotland, 345 of Germany, 10 of France, and 5 of Sweden and Norway.

Of the total number there were 12,646 males and 11,869 females, Of school, military and citizenship ages, the population was divided as follows : Five to seventeen years, both inclusive, 4,270 males, 4,183 females; eighteen to forty-four years, both inclusive, 5,051 males ; twenty-one and over, 5,700 males.

Farm Areas And Farm Values

March 4, an act was passed making it unlawful for any one to deaden timber within one hundred feet of any public road in. Hen-, derson County.

April 1, an act was passed authorizing the formation of corporations, for the purpose of constructing turnpike and gravel roads in Henderson County.

April 22, an act was passed which not only authorized, but required, the County Court to subscribe fifteen thousand dollars to the stock of every gravel road company, but this was to be ratified by the voters of the county. This act never was submitted to a vote.

April 15, an act was passed dividing the State into eighteen Judicial Districts. District No. 3 was composed of Henderson^ Crittenden, Union and Webster.

terms of the Circuit Court, beginning on the first Monday in January and fourth Monday in May, and holding thirty-six judicial days each, and on the fourtli^ Monday in October, holding twentyfour judicial days.- At the January and May terms, the first two weeks of each are devoted to the trial of criminal causes, the remainder of the terms to the civil docket. The October term is devoted to the rendition of judgments by default, and general civil business.

May 5, the '^Southwestern Narrow Gauge Railroad Company" was incorporated, and William H. Lewis, J. T. Leake and Ken Chapeze, authorized to open books for the subscription of stock. This was thought to be a fine project, but, so far, it has failed to materialize.

On June 9 D. Banks, Jr., B. G. Witt, Larkin White, J. D. Robards George W. White, William Hatchitt, M. M. Johnson, Samuel Epperson, William Soaper, Jr., O. B. Smith, J. P. Beverly, and John T. Bunch, filed before the County Court their articles of incorporation of the " Henderson, Zion and Hebardsville Gravel Road Company," and the same were approved by the court.

On the third day of December following, the road was completed five miles out from the citv limits, examined, and reported substantially built, and in good condition, by W. K. Ayer, Paul J. Marrs, and Dr. P. Thompson, commissioners appointed to view the work. This was the first gravel road built in the county, but others soon followed.

On the twentv-seventh day of April, Harvey S. Park, William J. Marshall, Jackson McClain, John H. Barrett, Cornelius Bailey, Fielding S. Turner, J. T. Wilson, Charles L. King, George W. Mc- Clure, Henry Kleymeier, and William Hatchitt filed before the court of the county, articles of incorporation of the "Henderson and Corydon Gravel Road Company," and the same were approved by the

On the ninth of July articles of incorporation were filed by the same company of the " Henderson and Geneva Road," and on the eleventh the right of way was granted. These two roads were completed during the fall months, ready for winter travel.

On the seventh day of May Cornelius Bailey, E. M. Johnson, S. A. Young, Thomas Posey, George W. White, A. B. Sights, William Hatchitt, fames C. Hicks, R. Scrogin Easlin and Robert Dixon, filed with the court articles of incorporation of the " Henderson and Cross Plains," and " Henderson and Cairo Gravel Road Companies." On the same day the right of way was granted, and on the second day of July the terms of the County Court, expressed in the order granting the right of way were accepted by the company. This road, also, was finished in time for winter travel.

January 15, an act was passed by the Legislature re-apportioning the Congressional Districts of the State. Under this act He7iderson^ Christian, Hopkins, Webster, Union, McLean, Daviess and Hancock formed the Second District.

On April 22, an act creating and establishing a " Superior Court," known as a Court of Justice for the State, and to consist of three Judges who shall have the same qualification as are now required for Judges of the Court of Appeals, a co-adjutant to the Court of Appeals, was passed and approved.

Under this act the First District was composed of the following counties: Hender'^on^ Fulton, Hickman, Ballard, McCracken, Graves, Galloway, Marshall, Livingston, Trigg, Crittenden, Caldwell, Christian, Todd, Logan, Warren, Union, Webster, Hopkins, Daviess, Mc- Lean, Muhlenberg, Hancock, Ohio, Butler, Grayson, Breckenridge, Hardin, Barren, Allen, Simpson, Edmundson, Meade and Hart.

April 24, an act to levy an additional tax of two cents, for the purpose of equalizing the per capita tax of the white and colored school children, was passed, and at the following August election submitted to the qualified voters of the county. Be it said to the credit of the county, the proposition carried, by a inajoj'ity of eightytwo votes.

April 11,~ an act was passed authorizing the County Court to issue bonds for the purpose of building gravel roads or purchasing those already built.

April twenty-second, an act was passed to prevent stock from running at large in the county. This act was never submitted to a vote of the people, as required.

^^HE City of Henderson, the county seat of Henderson County, V_y is situated on the southeast bank of the Ohio River, about midway between Louisville at the Falls, and Cairo, 111., at the mouth, and is the northern terminus of the Henderson and Nashville division of the Louisville & Nashville Railroad, a great through railway line, connecting New Orleans, Mobile, Pensacola and the Southern cities with St. Louis, Chicago and the East via Evansville. It is also the northern terminus of ^he Ohio Valley Railway, a new road now running to Marion, the county seat of Crittenden County, and which will, as it is contemplated, soon be completed to some central point south where general traffic arrangements will be effected, whereby the Ohio Valley will soon be a great through route, as the Louisville & Nashville, and a strong competitor of that system. It is now predicted with a degree of certainty, that justifies historical prophesy, that a railway will soon be completed between this city and Louisville, a road to be known as the river road.

Henderson is one hundred and forty-five miles from Nashville, and is one hundred and seventy miles from St. Louis, and is the central point in navigation of a number of river routes, including the Ohio, Green, Wabash, Tennessee, Cumberland and Mississippi. This city was originally known as the " Red Banks," because of its high per- pendicular front of red soil, and was settled by Jacob and Michael Sprinkle, John Upp, John Husbands, John Hausman, John Dunn, Eneas McCallister, John Kuykendall, Hugh Knox, Abraham Sanders, Daniel Ashby, Jacob Newman, Edmund Talbott and a few others, commencing as far back as 1784. Since these brave and true old pioneers have laid their heads beneath the violets' bed, many changes have passed over earth. Since then the pioneer village became a town, and the town has grown to a city. Since then the wild deer has disappeared from dingle and glee, the wolf extinct, the poor " red man " is yet being driven into the far west, and the few remaining decendants of the proud-hearted Sachems, White Cloud and Tahante are now waging war far beyond the waves of the " Great River," from whose lofty cliffs the daughter of Menonemee made the "Lovers Leap " in history and song. Since then the " Eagle of American Liberty " was grasped by the robber hand of faction, dispoiled of his matchless plumage and plunged into the gory mire of civil strife. Since then the factious decendants of those who claimed that the precious freight of the Mayflower was the Bible and the freedom, have scoffed at the declaration from the pen of Thomas Jefferson, and signed by the double pledge of life, honor and property, of old Charles Carroll, of Carrollton. Since then the triad of forensic heroes, Clay, Calhoun and Webster, have come and gone. Since then two Presidents of the United States have fallen by the pistols of assassins. Since then the scientific application of steam and electricity has startled the world. Yes, and since then empires have fallen. More too, if these old people could only come back to earth and witness the work of their children and children's children, they would scarce believe their own eyes.

Mrs. Hannah Dunn

From 1791 to 1800, Mrs. Hannah Dunn kept a sort of tavern and barroom at the Red Banks, and George Holloway was the proprietor of a general provision store, including whisky and millinery. The whisky was made in little kettle stills, but where the supplies of millinery were brought from in those early times no one now living knows.

Mrs. Dunn, true to the nature of her sex, was fond of dress, even though she was a woman of masculine mind and business. She paid Mr. Holloway the round sum of one pound ten shillings for a hat trimmed with ribbons and feathers, and packed salt from the works, a distance of twenty miles, for the money to settle the bill.

Captain John Dunn operated a small hand mill, which furnished meal for the settlement, but .nost persons used the mortar and pestle. The mortar was made by splitting a short cut of a tree and hollowmg one end of each half and then pinning the two together with wooden pins The pestle was a heavy wooden instrument with an iron or stone wedge in the end and used by hand. Sometimes this was operated by the use of a wooden spring. . All of the river travel in those days was done in canoes, and it is wonderful with what rapidity and ease persons paddled up and down the river from place to place.

Henderson Laid Off

In the early part of the year 1797, General Samuel Hopkins, agent and attorney in fact for Richard Henderson & Co., with Colonel Thomas Allen, a distinguished primitive surveyor, who w& employed bv the company, arrived at Red Banks, and proceeded to ay off the tiwn of Henderson, named in honor of the president of what was then known as the Transylvania Company, and through whose instrumentality the grant had been secured from the State of Virginia The town as laid off in August, 1797, consisted of sucty-s x square of four acres each, divided into lots of one acre each, making in all two hundred and sixty-four one-acre lots. There was also surveyed thirty two ten-acre lots surrounding the squares of the town. One Lundred and thirty-two of the one-acre lots were located above F.rs Street, between Green and Water Streets, commencing with the lot corne; of Water and First Streets as No. 1, lot corner Main and First Streets No. 2, lot corner Main and Second Streets No 3 lot co - ner Water and Second Streets No. 4, and so gn up to Twelfth Stieet. The remainder of the lots were located below *^.^"b''^,^,^"^'%,'';- ginning at the lot corner of Water and Lower First or VVashington Streets, as No. 133, lot corner Washington and Main No. 134, and so on down the river to twelfth cross street.

In the ordinance directing the disposal of the town lots and the adjoining ten-acre lots the proprietors prescribed liberal terms. General Hopkins was indefatigable in his efforts to advance the interest of his company and at the same time render satisfaction to the settiers The following is a copy of the

^. Ordinance of the Transylvania Company, commonly called Ri'^'';'"' "^;;; dersonSf Co., diiecting the dispossal of the town of Hendesson and the out

" Be it resolved ajtd ordained. That the town of Henderson and all the land, lots, streets, apportionments and apartments thereof, lying on the River Ohio in the County of Christian and State of Kentucky, as laid off and surveyed by our agent, Samuel Hopkins, and our surveyor, Thomas Allen, agreeable to the plat or form by them made and to us returned with their certificate be, and the same is hereby established, that is to say, two hundred and sixty-four lots, meted and bounded, by the several streets thereon contained, of one acre each and thirty -two out lot meted and bounded and marked as described in the aforesaid certificates, be considered as the town aforesaid, and we do hereby for ourselves, our heirs and executors jointly and severally, give, grant and confirm all the lands meted, bounded and located in the plat and form aforesaid by the aforesaid agent and surveyor for the purposes of the said town, to be disposed of in the following manner :

'-First. We give to all those male persons and theii heirs who may have settled at the Red Banks on or before the first day of May, 1794, who have built and improved and are now residing thereat, being then free and of full age, or to such free persons of full age as may occupy such building and settlement at the present time under assignment of the fiist settler, one lot of one acre each, provided such lot be improved in the same manner, and in the same time as shall herein be established for those who purchase under this ordinance. And whereas, a speedy sett. ement of the town lots aforesaid will, in in our opinion, greatly enhance the value of the lands generally. We do hereby declare, that the lots composing the town as aforesaid, shall be sold by our agent or agerits so as best to promote such settlement, either by public or private sale, as to them or him shall seem proper, limited only as follows :

" That every purchaser of an acre lot shall, within two years from the time of purchase, build thereon a framed, hewn or sawed log house, sixteen feet squai'e at least, with a good dirt, stone or brick chimney and plank floor, or shall reside thereon by himself or representative, etc., for the space of three years ensuing ; provided that the residence shall commence within one year from the time of the purchase, and in case of failure thereof, such lot shall be considered as reverting, and shall revert to the company, their heirs and assigns, and be liable to be disposed of for the uses herein expressed as if no sale or occupany had ever been made or had thereupon ; provided, that such original proprietor or his heirs, who shall purchase any number of lots, not exceeding four lots of one acre each in said town, shall not be obliged to improve or reside thereon as other purchasers, agreeably to the true intent and meaning of this ordinance.

" And be it further ordained and directed. That any person purchasing a lot of ten acres, shall in like manner be obliged to improve, either by building, inhabiting or tending in some crop, for and during the term of three years ; at least one- half of said lot to commence from the term of two years. After such purchase such cultivation may be at the option of the purchaser as to the crop, and in case of failure herein, the holder or purchaser of said lot shall be subject to all the penalties and forfeitures incurred by the purchaser of the lots of one acre each.

"And be it ordained, That one agent be appointed to sell and dispose of the lots in the town of Henderson, to receive the moneys or other considera- tions tlierelbr, to make titles and transfers, to secure and appropriate forfeitures and in general to act in all things for the company according to the true intent and meaning of this ordinance, who Shall receive for his trouble five per centum, first, on all >ales, second, on all sales and collections and payments, and thirdly, on amercements or forfeitures that may accrue, and who shall enter into bond to the company for fulfilling his several duties, and in case of death, removal from office, resignation or refusal to act of the agent appointed, to the execution of this ordinance, it is directed that another be appointed, under the hands and seals of the copartners in Kentucky and of Henry Purviance, William Bailey Smitli and Samuel Hopkins, who are a majority of them, or the survivors of them, shall make out such appointment, and take a bond for the faithful performance of otfice; and the commissioners aforesaid shall, at any time thev think proper, once in every year at least, cause the agent to produce his books and transactions subject to their inspection, and shall, upon unequivocal proof of incapacity or maltransaclion remove from oftice and appoint another in the manner herein prescribed. All bonds given by the agents shall be taken by the company, known by the name of Richard Henderson & Co. , and upon the forfeiture of any su h bond, the Commissioners heretofore nominated, shall cause the same to be prosecuted for the benefit of the company.

"And be it further ordained, that once in every year the said agent shall, on application pay to each original proprietor, his private agent, attorney or assignee, his full proportion ot all moneys that may have been collected to that time, deducting from such amount only the commissions or per centum herein before allowed, and in case of tailure of the agent to so account and pay, or in case of a willful mistatement or willful wrong, such agent may be removed by a certificate thereof under the hands and seals of the Commissioners aforesaid, or a majority of them, and sued on his bond by the party or parties so aggrieved

'* And wiiereas it will be necessary, That frauds be guarded against in the most particular manner, it is hereby declared that every person applj ing to the agent for monejs on account of their principal, either as private agent, heir, attorney or assignees, or in any otlier character whatsoever, he shall produce from such principal a written evidence of the same, which shall be attested by the clerk of the county or corporation to which such principal belongs, with the seal of the said county or corporation, and to this and no other evidence shall our agent hold himself justified in the payment of any moneys whatsoever; and in order that this ordinance shall be free to the inspection of all and every person concerned, it is directed further, that the agent cause a copy thereof to be kept in the town of Henderson, and the signed and certified original to be made of record in the court of the county where said town lies.

''And be it further ordained. That the portion of the Iftnd lying in the center of the town, as also the three roadways, as far as they. extend through the out or ten-acre lots of the town be considered as appropriated for public use and under the municipal jurisdiction of said town in trust for those uses and no other.

"And be it further ordained. Tint the .ngcnt or agents so appointed shall have full power and authority to contract with any person or persons for any lot or lots w iiliin the said town, and the same to sell either by public or private sale, and the same to make over in fee simple as fully and completely as the proprietors themselves could or might do were they and everj' one of them present.

'* It is further ordained, That Samuel Hopkins be, and he is hereby appointed agent for the execution of this ordinance, and is ve§ted with every power necessary for carrying into execution the same.

-' And be it further directed, that all moneys that shall actually be necessary for recording or registering the deed of partition, this ordinance, or any other paper of a public nature, shall be paid by the agent out of the first moneys arising from the sale of the lots in the town atoresaid. and that the same be allowed as an exhibit in his account, as well as generally all expenses arising under the orders and directions of the company, or that may be necessary for carrying into effect this ordinance.

" In testimony whereof, we, the aforesaid company, have hereunto set our hands and seals, this ninth day of August, one thousand seven hundred and ninety-seven.

'' We do hereby certify that this ordinance was signed, sealed and ac knowledged by the subscribers thereto, before us. Given under our hands and seals, this ninth day of August, 1797.

'T, John David Haussman, clerk of the county aforesaid, being duly authorized by law to receive, admit and record deeds and other writings in my office, do hereby ceretify that the foregoing ordinance, with the two certificates annexed, was produced to me in my office in the town of Henderson, by Samuel Hopkins, agent for Richard Henderson & Co., on the twenty^ninth day of October, 1799, and that the same is duly recorded

From 1800 to 1819, twenty-nine lots were donated by General Hopkins, and one hundred and twenty-seven sold, John J. Audubon becoming the purchaser of four of them. Many of the aforesaid purchasers were non-residents, and when it is considered that General Hopkins was nineteen years in donating and selHng, for nominal sums, one hundred and fifty-six lots out of two hundred and sixty-four, it will be agreed that the growth of Henderson was distressingly slow.

First Taverns, Etc

The first licensed tavern of which we have any knowledge, was that granted Michael Sprinkle, Jr., to be kept in his log house, then standing on lot No. 15, where Barret & Co.'s factory now stands ; this license was granted by the second C'ounty Court, held in the county June, 1799. He was required to give bond in the sum of one hundred pounds that he would not permit gaming or any one to drink 77wre tha7i necessary,^' or to be guilty of any scandelous or disorderly behavior^ At the same meeting of this court, Andrew Burke was appointed surveyor of the streets of the town, and ordered, together with all of the male laboring tithables living in the town, to keep the streets in repair, and open the roadways through the same.

Drs. Adam Rankin and James Hamilton came to Henderson in 1800, and practiced their profession up to the time of their death some years afterwards. They were the first practicioners. The records of the County Court from 1800 to 1816 are lost, as are also the records of the town from 1810 to 1823, therefore all official acts, associated with the history of the town during that time, are blotted out. This fact is mentioned here by way of apology for the absence of matter during those lost years. The first ferry license granted by the County Court, was to Jonathan Anthony in 1802, from the Town of Henderson to the Indiana Territory opposite.

Town Incorporated

In 1810 the town was incorporated, having a population of one hundred and sixty persons, and a voting population of thirty-five. The first tax levy was twenty cents on the one hundred dollars of real property, and a specific tax upon several kinds of personal property.

From 1784 to 1823, the following persons kept tavern in the town, in the order of their names : Mrs. Hannah Dunn, Samuel Bradley, Michael Sprinkle, Hugh McGary, Joseph Fuquay, James B. Brent, Ephraim Sellers, Peter Green. Jonathan Bradshaw, Joseph Cowan, William Anthony, Thomas Anderson, Joshua Mullin, James Gobin and Gabriel Holmes. The following ministers occasionally preached: James McGready and Samuel Hodge, the great revivalists, Daniel Banks, Daniel Comfort, James McMahon, Samuel Julian and John Dorris. The following physicians practiced : Adam Rankin, James Hamilton, Levi Jones, Owen Glass, Nathaniel Gaither, Henry Grant, Thomas J. Johnson. From 1784 to 1823, the following persons were identified with the business interests of the town : John Dunn, George HoUoway, Presly Thorton, William Anthony, Ephraim Sellers, George Holloway, Wilson Marshal & Co., Joseph Fuqua}^, Daniel Jones, Thomas Anthony, William and Samuel Bowen, John J. Audubon, Audubon & Bakewell, Philip Jett, Philip Barbour, Nicholas Horseley, Ingram & Posey, Richard Atkinson & Co., James M. Hamilton, Captain Francis Walker, Moses Morgan, and Nimrod Bishop

In the year 1811, Philip Barbour erected a one-story tobacco, hemp, cotton and pork warehouse, 35x60 feet, on lot No. 5, a portion of which is now occupied by Woodruff Hall. This was the first building of the kind, or of any importance, built in the town up to that time. In 1812, Thomas Towles was appointed overseer of the streets, and an act was passed by the Legislature authorizing the Trustees of the town to levy and collect a tax, not exceeding sixty dollars. This same year the old Johnson brick, which stood on the corner of First and Main Streets, was built.

In September of this year, the greater part of the military division of General Samuel Hopkins, organized to move against the Kickapoo Indian villages in northern Indiana, rendezvous at Henderson, and marched overland to the scene of action. Among the many volunteers from Henderson, were Captain James Barbour and Robert Smith, father of the present County Clerk ; John King, father of our present respected citizen, P. H. King.

They were misled by guides, and after wandering over the prairies for some days to no purpose, were disbanded and returned home. Findins: the amount of tax for which the Trustees of the town were authorized to levy and collect,insi^cient,at the January session 1814,of the Legislature, an act was passed authorizing theTrustees to levy and collect " any sum, in any one year, not to exceed two hundred and fifty dollars."

Old Buildings

In 1814 William and Samuel Bowen erected a large frame onestory tobacco inspection warehouse on lot No. 4, corner Second and Water Streets. During this year the following houses, yet standing, were built : The old Posey two-story brick, standing midway of the square, between Main and Water on Second Street, built by N. F. Ruggles, and occupied as a residence and storehouse. The old onestory frame on the corner of Fourth and Main, built by Rev. Daniel Comfort, and afterwards occupied in succession by William and Samuel Bowen, Nicholas Horsely and John J. Audubon, as a residence and storehouse, and then by A. B. Barrett, William S. Holloway and others as a residence.

In the spring of 1814, Wyatt H. Ingram and Fayette Posey, un« der the firm name of Ingram & Posey, built a frame tobacco warehouse near the center of the square, and upon the ground now occupied by A. S. Winstead's storehouse, and in 1815 handled six hundred and eighty-four hogsheads of tobacco, while the Henderson warehouse on the corner below handled three hundred and eighteen.

Hard Times

During this year, and for many years previous, money was very scarce, and the greatest privations were experienced on that account. A meeting of the citizens of the county was called to suggest a remedy.

This meeting was held on Saturday, November 12, 1814, and was largely attended. Walter Alves was appointed chairman and Ambrose Barbour secretary. Waiter Alves, James Hillyer and Philip and Ambrose Barbour, were appointed to correspond with certain Lexington gentlemen, in regard to petitioning the Legislature for a score of bank charters. It was resolved to f)etition the Legislature for a charter for a bank at Henderson, and James Hillyer, Philip Barbour and William and David Hart prepared the petition. Philip and Ambrose Barbour, James Hillyer and Thomas Towles were appointed to attend the Legislature. A committee was appointed to raise funds to defray expenses and then the meeting adjourned. The committee, consisting of Thomas Towles and James Hillyer, attended the meeting of the Legislasure, and in the course of time a perfect flood of bank charters were passed, and among the number the " Bank of Henderson." This concern was organized with Captain Samuel Anderson as president, and James Hillyer cashier. It commenced business in a log house, which stood on the southeast corner of Main and Second Streets, and delegated Captain Daniel McBride to visit Philadelphia on horseback for the purpose of having their circulating notes printed. They then determined to erect a banking house, and to that end purchased the northeast corner of lot No. 49, and commenced the building in 1818 of the two-story brick now owned by Hugh Kerr, and occupied by Kerr, Clark & Co., as a tobacco office. The bank failed about the time, or just before the house was completed. The building was then purchased by Joseph Cowan and completed. It was originally a three story house, but owing to the insecurity of the upper walls the third-story was taken off and the house reduced to a two-story, as it is at the present time. This old landmark, from the time of its completion, up to the time it was purchased by Mr. Kerr, was used as a tavern, having been occupied by Joseph Cowan, Robert Speed, James Hicks, Leonard H. Lyne, Mrs. Brent and others.

In the spring and summer of 1819, Richard Atkinson & Co. established, about midway of the square, on the west side of Second, between Main and Water Streets, a large tobacco warehouse, which was operated up to the year 1844. During this year Dr. James M. Hamilton owned and carried on a blacksmith shop located on the Public Square.

Town Election

Robert Terry, Obadiah Smith, Thomas Herndon, Captain Francis Walker, were elected trustees of the town. The election was an exciting one, yet only twenty-one votes were polled.

The candidates at this time were Robert Terry, Oba Smith, Thos H. Herndon, Lazarus Powell, Levi Barden, Captain F. E. Walker, William Williams, Robert Speed, Moses Morgan, W. H. Ingram. The voters were Robert Speed, Samuel Crosby, Joel Lambert, James Hill yer, Samuel Hopkins, J. B. Pollitt, Hancock Grigsby, William Jett, George Barnard, Obadia Smith, Bennett Marshall, Moses Morgan, Fayette Posey, James Wilson, Joshua Mullen, John A. Judah, William Williams, William Rankin, Ambrose Barbour, Jonathan Anthony, Daniel McBride, twenty-one all told.

now being occupied by D. R. Burbank's factory. In this house, or in the road near by it, is where Captain Ed. McBride received his wound, which will go with him to his grave. The old shanty was afterwards familiarly known as Rat Castle, -s.

Old Man Spidel

Became known as the best tavern keeper in the town, and at that time occupied the old Johnson brick on the corner of Main and First Streets. Prior to this time he operated a slaughter house on the point of land opposite Powell Street on the river bank, and furnished the town with fresh beef, pork and mutton.

The Legislature of 1820-21, as mentioned in a previous part of this work, chartered the Commonwealth Bank. The branch for this district was located at Hartford, in Ohio County. James Hillyer, father of our aged and respected fellow citizen, Judge P. H. Hillyer, was appointed a director for Henderson County, and as such had control of the business of making loans and receiving moneys for that bank. He made frequent visits to Hartford for the purpose of getting money, and for paying money collected of borrowers.

The Public Square

By the ordinance of the ninth day of August, 1797, the Transyl vania Company appropriated all of that territory in the center of the town bounded by Water, and Green and Upper First and Lower First, or Washington Streets, for public uses, and ordained that it be under the municipal jurisdiction of the said town in trust for those uses and no other. A few vears thereafter, General Samuel Hopkins, agent for the company, caused two acres to be surveyed oft" this plat, to be given the County of Henderson for public uses, and from that time a system of land grabbing was inauguated, and never settled until about eighteen years ago.

In 1821 it was represented to the Legislature of the State that the citizens of Henderson County desired to sell a portion of the Public Square in the town for public convenience and public purposes, and, in conformity to that representation, an act was approved December 6, making it lawful for the County Court of Henderson, a majority of all the Justices of the county forming said court, to make such an order as to them might seem expedient for a sale and conveyance of a portion of the Square, not exceeding one acre, the proceed to be applied towards lessenmg the county levy. This was never done.

Hogg, John Williams, John Luttrell, David Hart and Leonard Henly Bullock, the first seven owning equal interest, being one-eighth each, and the last two owning one-sixteenth each. At the date of the ordinance, August 9, 1797, only three of the original partners were living, namely, Thomas Hart, James Hogg and John Williams. The ordinance was signed by John Williams, James Hogg, Richard Bullock, Walter Alves, John Hart, John Umstead and Henry Puviance, attorney for Thomas Haft, Nathaniel Hart and L. Henderson.

Charles Buck Troubles

In 1821, one Charles Buck, claiming to be the sole heir of John Luttrell, deceased, appeared on the ground and asserted claim to oneeighth part of the entire town of Henderson, including lots, streets, alleys and public grounds, and for the recovery thereof instituted action of ejectment in the Circuit Court against those who had purchased lots from General Samuel Hopkins, agent of the company. He denied the validity of the ordinance, and, also, that the town was legally established, or that the said ordinance was signed or pub" lished by persons having right or authority to make or publish the same. Pending this suit an arrangement and compromise was effected between Buck and the citizens and lot owners, whereby the said Buck, in consideration of thirteen hundred and fifty dollars, dismissed his bill, and by deed relinquished his entire claim to said lots, streets, alleys and public grounds to the citizens and lot holders. This thirteen hundred and fifty dollars constituted a fund raised by the lot owners, who had purchased from General Hopkins prior to the coming of Buck. Before the compromise between Buck and tlie lot owners, at least before the date of the deed, an allotment of in and out lots was made to him by order of the County Court. Buck claimed to hold, by deed, John Luttrell's one-eighth share in the grant made by the State of Virginia to Richard Henderson & Co. Edmund Talbott and G. Ormsby, Commissioners of the Court, allotted to him as his share, or eighth part, in or one acre lots, running serially from 145 to 1/5, both inclusive, on Water Street Square, also on Main and Third Streets, from 193. to 220, inclusive. Also on Third and back streets, all of the lots by numbers in regular progression, from lot 237 to 264, inclusive. Also, five lots on Main and Third Streets, making in all ninety-three lots of one acre each. Also, of out lo's of ten acres each, the following lots as numbered in said plat, viz.: Nos. 25, 26 and 24, the lots now allotted or assigned to the said Buck as aforesaid, in and unto the aforesaid, in lots and out lots so numbered and stated above, are of the one acre lots numbered 217, 218, 219,

220, 258, 238, 289, 240, 237, 193, 194, 195 and 196, making thirteen lots of one acre each. Also, of out lot No. 26, his portion the quantity of three and three-quarters of an acre, and determined that he be entitled to receive and reco\5er of the other partners the sum of ten dollars sixty-two and a half cents as a balance due him in this allotment.

" This indenture made this first day of July, 1825, between Charles Buck and Mary, his wife, of the County of Henderson and State of Kentucky of the one part, and George Morris. Nathaniel F. Ruggles, Daniel McBride and all other holders of lots in the town of Henderson, county aforesaid, of the other part.

" Witnesseth, that whereas the said town was laid off at a place called the '* Red Banks " on the Ohio River, and the lots have been generally sold out or disposed of by the late General Samuel Hopkins in the character of an agent for Richard Henderson & Co., proprietors of the land on which the land is situated, and whereas the said Charles Buck hath commenced suits and asserts claim to, and interest in said town lots. In order to the quiet and final termination of said Buck's claiin to the lots in said town hereafter expressed and set down, they, the said Charles Buck and Mary, his wife, of the first part, for the consideration aforesaid and the further consideration of thirteen hundred and fifty dollars in specie in hand paid by the said Morris, Ruggles. Mc- Bride and others, the holders and claimants of lots in the said town, of the second part, the said Charles l^uck and Mai'v, his ivife doth hereby relinquish, make over, assign and convey, and by these present hath relinquished, made over, assigned and transferred unto the several lot holders, claimants or occupants of lots or parts of lots in said town, according to the several port'ons or proportions they now hold or claim, and to their heirs and assigns forever all the right, tittle, interest, claim, and demand of them, the said Charles Buck and Mary, his wife, in and unto the said lots or parts of lots or parcels of ground in said town of Henderson, with all and singular their appurtinances thereunto belonging, or in anywise appertaining, together with all their interest in the fraction of ground in the center of the town called the " Public Square," and of all the several cross streets and streets above fourth cross street below the " Public Square," all of which together with the lots hereby intended to be conveyed, will be better explained or designated by the plan or plat of said town recorded in the office of Henderson County in Deed Book -' A," the only exception to the plan or plat aforesaid is that the street nearest the River Ohio, commonly called Water Street, is- agreed upon by all parties, shall be reduced to the width of one hundred and twenty-five feet instead of two hundred feet as marked out in said plat, to have and to hold, etc., etc."

In the year 1S25, Amelia Alves, widow of Walter Alves, deceased, one of the signers of the ordinance of 1707, and William J. Alves, James Alves, Robert Alves, Haywood Alves, Walter Alves, Ann Henderson, late Ann Alves, Thomas Towles and his wife, late Elizabeth Alves, heirs of the said decedent, and Richard J. Hart, heirs of Richard Pienderson & Co., asserted claim to five-sixteenths of the town, including lots, streets, alleys and public grounds. They were about instituting suit when the Trustees and citizens of the town, all more or less personallv interested, became alarmed and held a o:reat public meeting at the Court House, at which they horned a proposition remarkable for its liberality, especially as it did not cost anyone of them a single farthing. This meeting did not appoint a committee to confer with the new claimants, nor did they offer to take out of their own pockets a sufficiency of silver and gold to release their town lo s, but with modest liberality fell upon the following proposi" tion :

Proposition Of Citizens

-' We will give to Amelia Alves. the heirs of Walter Alves, deceased, and Richard G. Hart the following described property, to-\vit : To Richard G. Hart the upper half of lot No. 3, agreeably to an amended plat gotten up by themselves. (Lot No. 3 is the square bounded by Main and Water and Upper First and Lower First or Washington Streets, the same one on which the Barret Mouse is located, and was a part of the Public Square donated for public uses ) To the Alves' heirs, Ann Henderson. Thomas Towles and wife, the remaininghalf of the aforesaid lot No, 3 conveyed to Hart, and all that portion of the Public Square contained between Upper First and Lower First or Washington, and Flm and Green Streets, and numbered on their amended plal one and twjo. We will also petition the Legishiturc to reduce the width of Water Street from two hundred feet to one hundred and twenty-five, and will convey to Richard G. Hart and the above named heirs of Walter Alves. deceased, and Amelia Alves, heir of William Johnson, aU of our right title and interest in and to that portion of Water Street, which remains after reducing said street to one hundred and twentv-five feet. We will also convey all of our interest in and to the streets below fourth cross street below the Public Square, for a relinquishment to us of all claims upon otir lots, purchased from General Samuel Hopkins, agent ot the company."

It is represented that the meeting held at the Court House was attended by a large majority of the citizens and lot holders of the tOMm, and that a petition was prepared and and then signed by each man in the meeting, praying the Legislature to pass an act authorizing the sale of that portion of the Public Square between Elm and

Green, and Upper First and Lovver First Streets, the square between Main and Water and Upper and Lower First, and reducing Water Street from two hundred feet to one hundred and twenty-five feet in width. This proposition was tfien made to the claimants and by them accepted.

Nothwithstanding the -ordinance of Richard Henderson & Co., made and signed, August 9, 1797, and the sale of lots thereunder, from 1800 to 1819, not one of the lot holders offered to contest the claim of Alves and Hart, nor did the Trustees of the town - who were interested parties. But they were willing to convey property which had been given for public uses and no other. Alves and Hart accepted the proposition of the citizens' meeting, and thereupon on the first day of July, 1825, the following indenture was entered into bv the citizens :

Citizens To Alves And Others

"This indenture made and entered into this first day of July, 1825, between the citizens and present lot holders of the town o^ Henderson of the one part, and Amelia Alves, WilHam J. Alves, James Alves, Robert Alves, Haywood Alves, Walter Alves, Ann Henderson, late Ann x\lves, Thomas Towles and his wife, late Elizabeth Alves, and Richard G. Hart of the other part, witnesseth that for and in consideration of certain rights relinquished by the parties of the second part to the parties of the first part bv deed of this date, also the further consideration of one dollar, the receipt of which is hereby acknowledged, the parties of the first part have this day bargained and sold, and by these presents doth bargain, sell, alien and convey unto the parties of the second part, the following described lots of land in the. following manner, to-wit :

" That is the parties of the first part alien and convey unto Richard G. Hart of the second part, the upper half oi lot No. 3, agreeable to an amended plat of said town, herewith filed and made apart of this deed, being the upper half of that part of the Public Square contained between the first and second streets from the river, and parallel thereto, and the parties of the first further alien and convey ynto the Alves's. Ann Henderson, Thomas Towles and wife the remaining half of the aforesaid lot conveyed to said Hart, and all that portion of the Public Square contained between the third and fourth streets of said town trom the river, and numbered on the said amended plat by the numbers two and three, and the said parties of the first part relinquish and convey un o the said Richard G. Hart and the above named heirs of Walter Alves, deceased, and the above named Amelia Alves, the heir ot William Johnson, all their right title and interest in and to all that portion of Water Street which remains after reducing said street to one hundred and twenty five feet, which they have derived under the ordinance ot Richard Henderson & Co., in establishing said town, reserving to Nicholas Berthoud the land leased to Thomas Pears & Co., during the term of that lease, and it is understood that the par- ties of the first part convey no interest which they have in and to any of the streets in said town, except Water Street aud the streets below fourth cross street behnv the Public Square.

-' In testimony whereol we have hereunto set our hands and seals the day before mentioned, and it is further understood that all the cross streets run through to the river.

This instrument ot writing was produced to me in my otiice on the ninth day of July, 1S25, and acknowledged by the grantors therein to be their act and deed for the purposes therein expressed. Whereupon this deed is duly recorded in my office.

In return for this kind act, on the part of the citizens, Messrs. Alves and Hart, and those associated with them, conveyed on the same day to the citizens certain lots, being with a few omissions and additions, the same lots conveyed a short time previous by Buck, and the same lots sold and donated to the lot holders by General Hopkins. In addition to this, they relinquished all claim to the streets lying above fourth cross street lelow the " Public Square," but not below that street. Water Street was excepted, beyond one hundred and twenty-five feet in width. In this deed, was also included " Park " and " Court House " Square, as now located.

Subsequent to this, to-wit : on the twentieth day of April, 1826, James Alves, who claimed by inheritance and purchase, that he was entitled to five-sixteenths of the river front, applied to the Countv Court for an allotment of his proportion of the land. The order was granted, and Edmond Talbott and George Ormsby, two of the Commissioners appointed by the County Court of Henderson County to divide lands and make conveyance therefor, agreeably to the act of the General Assembly, proceeded to make the allotment, and by indenture conveyed the following described property :

Commissioners To James Alves

"' All those several tracts, parcels and lots of land situated in said Town of Henderson, as reduced by the Legislature in November, 1825, between the Ohio River and Water Street, lot of ground beginning at Mill Street, (now Second Street), and extending up to fourth cross street ; also lot lying at the upper end of the town opposite lots Nos. 41 and 44, also one lot lying at the lower end of the town, and lying opposite lots Nos, 141 and 144.

Now Then

In order to clinch this trade, and give to it a legal recognition, the Legislature was induced to pass the following act, which was approved January 18, 1827.

''Sectiox 1. Be it enacted, etc. That the front, or Water Street, in the ToAvn of Henderson be, and the same is hereby reduced to the width of one hundred and twenty-five feet.

-'Sec. 2. That the arrangement made and entered into betwixt the citizens and lot owners, in the Town of Henderson, and Richard G. Hart. James Alves and others, whereby the citizens and lot owners aforesaid, relinquished portion of the Public Square and Front Street to said Hart, Alves and others, be, and the same is hereby ratified and fegalized, so far as it effects the tnterestz of the parties to the arrangement or compromise aforesaid,"

The closing sentence of the act shows conclusively that the Legislature doubted the legality of the compromise, and ratified it only as to the parties interested, and not as to the public.

By the terms, stipulations and agreements in the compromise, the limits of the town were reduced by act of the Legislature, approved November '21, 1825, and all that portion of the town below Fourth Street, below the Public Square, including the river front, streets and all, bcame vested in James Alves and other parties to the compromise, and has been held in peaceable and adverse possession from that date.

Thus, it will be seen that the Trustees and citizens of the town, in 1825, saved their own town lots, which had been donated, or purch.ised for a nominal sum by bartering away property donated for public uses, and in which each one of them had no more interest than any citizen now- has in the Public Square, yet left in the town. Equally as unheard of, the sulisequent Trustees acquiesed in the compromise until the supposed statute of limitation estopped the town from asserting title or claim to any part except the riverfront. Not satisiied with giving up two-thirds or more of the public ground donated by Richard Henderson & Co., the citizen lot holders gave up so far as it was in their power the river front. They bought Buck off by paying him thirteen hundred and fifty dollars, because he would not compromise for land, which did not belong to them. They compromised with Alves and Hart because they were willing to take this land - and were perhaps glad to do so - ^and because they did not demand money, and again, it was an easier matter for the lot holders to pay in something which did not belong to them than something which did.

In 1850, the Trustees of the Towm of Henderson contracted with William B. Vandzandt for widening or enlarging the wharf or passageway down the bank at the foot of second cross street. At that time Water Street was under the agreement between the citizens and lot owners, and Alves and Hart, recognized to be only one hundred and tvventy-flve feet in width, and the strip of land seventy-five feet or more in width, extending out beyond the street, was claimed by James Alves. When Vandzandt began excavating this strip of land for the purpose of carrying out his contract, he was enjoihed by James Alves, and that brought up the full question of title. The Trustees of the town, to-wit : Dr. Thomas J. Johnson, John McBride, David Clark, William S. Holloway, William B. Vandzandt and George M. Priest, in answer to the cross bill filed against them by Vandzandt, denied the title claimed by Alves, and made their answer a cross bill ag inst him, and prayed that he be made a defendant thereto, and compe'led to exhibit his title to said strip of land. They asked that the respective rights of Alves and the town be adjudicated, and that a decree be granted forever quieting the title of the town, and that he be enjoined and restrained from asserting claims or interfering with the use and quiet possession of the same by the public, and the said Town of Henderson. A number of depositions were taken on both sides and of course, the "- old sell oiif or compromise, made 'by the citizens and lot owners in 1825, was thoroughly ventilated.

"-Question. - What reason had jou for paying off Buck with your individual money, and buying off Alves' claim by conveying to him land dedicated to public uses - why did you make the difference?

- The reason I consented to pay Buck money to extinguish his claim was, he would only take money oj w^, and the reason I consented to make distinction between them, Mr. KUeazvould lake thai claim and release me "

Also, in a deposition of Samuel Stites, who was Chairman of the Board of Trustees of the Town, the following interrogatory and answer is found :

^'Question by James Alves. - Did you not own some property in 1825, when the compromise was made with Charles Buck, and did you not pay your proportionable part of the money raised to pay Buck for his relinquishment of claim upon the lots in the Town of Henderson .?

"^. - In 1825 I had but little property in town! I contributed some money to get Charles Buck to relinquish his claim upon the town lots. I signed the deed of compi-omise (^as it is called), which was entered into in 1825, between the citizens and lot holders ot the Town of Henderson, and Alves and Hart. I signed said deed merely to quiet matters, I did not consider my signing the deed oi any value, having no claim to convey and so stated at the time."

Dr. Owen Glass testified in answer to the question : " At whose instance and by what authority did you sign that deed.? " I declare J do not recollect now, I signed iX. as a favor to whoevar asked it, as men usually sign petitions, without feeling any personal interest or refection of any kind. 1 felt \villing to do anythmg in my power to settle the disputes ot the town."

William D. Allison testified : '- There were several actions of ejectment depending in the court at the dateof the deed to Charles Buck, and I understood that the object of the arrangement was mentioned as a compromise of Buck's claim to the town lots. 1 felt no personal interest in the matter at the time, and signed the deed merely as a favor to whoever requested j?ie, just as men sign petitions without consider- ing the eft'ect, / remember hearing of some objection made, that the citizens had no poiver to convey the streets ajid Public Square. I did not know that Alves claimed any part of the town lots, until the deed wa$ presented, but had heard it spoken of as a compromise of Buck's claim. Heard Buck say that he (Buck) had carried ihe " l)lack log," and others got all the town property. Thid hehore the odinni of disturbing the titles, and got nothing lor it "

*' Deponent would state that he moved to this place in September, 1824, at that time one Charles Buck had sundry suits in ejectment pending in the Henderson Circuit Court against persons in the country to recover an interest which he claimed in Henderson & Co.'s Giant, derived from one Luttrell Deponent recollects welT of hearing George Morris and many other citizens of the town talk about Buck's suits ruining the prospects of the town and county ; that unless Buck's claims could be quieted the place never would improve, that no man would buy property here, with the almost positive certainty of be ing sued for it. Things went on that way until some time the next summer, then the said George Morris and Nathaniel F.Ruggles, hit upon apian, as the thought, to quiet Buck's claims against the town. The plan was for the citizens and lot holders of the town to sell and convey to Buck, ten acres of the Public Square, and all that part of the river front, which lay between the first range of lots and the river, after reducing Water Street to one hundred and twenty -five feet, and Buck to con\'ey to the citizens and lot holders all the interest w^hich he claimed to any lot or lots in said town, lying above fourth cross street, below the Public Square. After discussing this plan some time, the said Morris, Ruggles and others set about carrying their plan into operation; thev talked with the most extensive land holders about town, and entreated them to come forward and assist in quieting Buck's claims. Justat this point, I first learned that Alves and Hart had claims against the town, as well as Buck, and it was said, they were waiting to see how Buck would come out; that if he succeeded, they would sue for their interests, said to be much larger than Buck's. The plan of compromise was then changed, in this, that the ten acres of the original Public Square, and that portion of the river front before spoken of, was to be conveyed to Alves and Hart, and a sum of money raised by the citizens and lot holders, to be paid to Buck to extinguish his claim. Deponent was then deputy clerk of the Henderson County Court, and when the deed of compromise was drawn up and ready for execution, he (in company with the late Captain Daniel McBride, who went with him. and collected what money was to be raised for Buck, or to make such arrangements in taking notes as satisfied Buck), went round and waited on most of the signers to said deed at their residences and places of business They all signed it cheerfully. The said compromise was entered into in good faith, for the purpose of quieting the titles to town property, and everybody seemed to be not only satisfied, but delighted with the arrangement.

"James Alves has regularly listed said property for taxation, ever since 1840, and has as regularly paid the tax on the same up to, and including the

These gentlemen were among the citizens who signed the deed to Alves and Hart, and no doubt all of the other signers were governed as they were, except those largely interested, and they were looking out for self-interest, of course. A short time after the compromise, Mr. Alves caused the two squares between Upper First and Lower First, and Oreen and Elm Streets, to be fenced in with rails, and for one or two years cultivated the two in tobacco or corn.

From 1832, he sold and leased lots, and annually assessed the property for taxation. While it was generally believed that his claim against the town really amounted to nothing, yet he and Hart were permitted to hold the three squares, the two back of Elm and the one between Main and Water, without molestation by the town authorities or any citizen.

On the tenth day of February, 1827, Richard G. Hart sold to John Spidel one-half of the square now occupied by the Barrett House, and during that year Spidel built two stories of the main house now standing. The house was originally two stories. In the suit concerning the river front, the court held that the deed from the citizens to James Alves did not pass title, but that the property belonged to the public. The case was taken to the Court of Appeals, and in July, 1855, Judge Marshall affirmed the decree. Thus ended a hot\v contested controversy, resulting in breaking up one of the most amusing, if not unheard of, bargains and sale ever entered upon the records of a county deed book. No blame can attach to James Alves and Richard G. Hart, however, for they w£re fortunate in getting what they claimed without much persuasion or threatening, and it would have been no more than natural for them to have accepted the whole town if the Trustees and citizens had so deeded it.

On the fourteenth day of October, 1854, the Trustees of the town instituted suit against the executors of James Alves, and other persons who held title under him, by purchase, for that portion of the Public Square deeded to him by the citizens in 1825. This suit was tried, and the claim of the defendants established by right of possession. It was thought now that all disputes concerning the title to our public grounds were finally and forever settled, but in 1859, as will be seen in the preceding history, the County of Henderson laid claim to the strip of land running from Center Street to first upper cross street, and lying immediately in rear of the Court House. There was a long and hotly contested suit between the county and the town, but the latter was successful. The city now claims, and has left of the five beautiful squares and streets, the Public Square between Main and Elm and Center and first lower cross streets, and the little strip of ground in rear of the Court House, and may safely congratulate herself she has that much.

This Public Square has never been put to the use for which it was donateci, technically speaking, yet it has cost a considerable sum of money at various times. I'hj old Union Church, the first church ever built in the town, stood upon its graceful hill side, from its building, away back in 1825, to the time of its tearing down. Calvin Sugg, William Wurnell, and a half dozen others, were hung beneath its shades. Hundreds of country horses, teams, etc., have found a pleasant hitching place there, and many a circus tent has been pitched upon it, and many a side-splitting laugh indulged at the turn and wit of the clowns, old Dan Rice among the number.

In 1856, this poor, neglected spot received the attention of the city fathers, as a sort of paliative for the negligence of the past. It had been permitted to wash, and wash, until not only the street, but half of the square had washed into the Ohio River; this half, however, had been put to public uses, for during the winter months it was a favorite resort for skatorial enthusiasts, and during the summer for small fish and frog anglers. In 1856 it was filled up, and early in the spring of 1857 fenced, for the first time, with a plank fence.* This evidence of progress and good taste was sufficient to unloose all of the pent up poetry and sentiment of Judge J.Willie Rice, who at that time was a contributor to the columns of the Reporter, over the peculiar nom deplume "Squibob." "Squibob" wrote as follows :

" THE PUBLIC SQUARE. ** ' Squibob ' rejoices to announce to the belledom, and the buckdom of Henderson, that the Public Square is in process of improvement that the intense Ibngings of their hearts are ere long to be realized, that 'neath the soft moonlight of a summer's sky, whilst sweet flowers cast their incense upon the breeze, and pearly dew drops glisten on the leafy branches, they can sit at eventide and tell their vows of eternal love. But, gallant youths and fair maidens, let not the bright scene which imagination would picture, or the delight with which fancy vrould invest so romantic a trysting place, repress for the present the feelings that well up in your hearts. The young trees, with all their virginal beauty, possess yet naught of the romance characteristic of love's recesses, while the grassy slopes and graveled walks as yet lend no beauty to that spot which hereafter will be hailed as an ' Elysium on earth.' If Squibob's heart were thrilled by the holy passion of love, he would not wait for * the good time coming,' with its dew drops and moonlight, but would ' work while yet it is day.' Though such scenes, commemorated and embellished by novelists of all times, possess an interest for the romance of his heart, he says to his voung friends, wait not for the dim tuture in the bright noonday of the present. Those who are yet in the early spring time of youth can watch the grass as it decorates the 'square' wiih its verdure, and count each leaf and twig as Ihey add new beauty to the scene. When, within its lovely confines, each one has wooed and won the maiden of his choice, he will raise his heart in thanks to the ''City Fathers' whohave provided so sweet a spot. Aryi when hereafter he will pass that grove, with his dear one on his arm, and prattling infancy bv his side, he may well exclaim in sweet accents : *- Dost thou remember that place so lonely,

" Squibob " was evidently a man of taste, and pictured in his poetic way what should have been done, but never was, until this good year, 1887. The surface of the long-neglected ground has echoed the matchless eloquence of early preachers. It has been the scene of sorrow and sadness, as it has been the scene of joy and gladness. It has been a camping ground of the soldiery. It has been hacked and abused, and to-day, after a varied life of eightyseven years, stands before the eyes of the citizens (owing to their recent liberality) a beautiful park, inclosed by a handsome iron fence, a gift from the county through the good taste of its Magistrates. It is otherwise adorned and beautified, and in the course of tim-^. will become a lovely spot. Thus, " Squibob's " poetic dream has become an actuality.

Ups And Downs

From 1810 to 1830, indeed we might say up to 1867, Henderson seems to have struggled with perilous travail for a mere existence. All accounts go to show that her progress was rather of the retrograde and backward nature. The river bank was a source of immense annoyance, and all the while the system of engineering was most brutal and suicidal. Ditches were dug down Water Street to First, and in Elm to Main and down Main to Lower First, as a system of drainage. They were dug down Third to Water, and down Fourth to Water, and in every instance where the oulet was there was a wash made in a short time which it would take thousands of yards of earth to replace. Thus it was that all of the ugly ravines, gradually but slowly working their way into the very heart of the town, were made. Water Street, with the exception of the two

In every instance these ravines have been made by the foolish engineering of the ^arly trustees and citizens of the town. The ravine between Main and Water on Lower First Street, was made in that way, and at one time had swallowed up one-third of the now Public Square. The entire street between Main and Water on Lower Fourth Street, has by this same foolish system been washed away, and is now an immense ravine, which, if ever filled up, will cost an untold amount of money.

The principal items of outlay were for protecting the river front and for ditching and draining the low and unhealthy grounds that lay in and around the town in all directions. The tax duplicate increased but little and every year the delinquent list was alarmingly large.

In these early times the town was populated by a well-to-do class, socially speaking the equal of any in the west, but commercially speaking old-foggyish, cynical and selfish. Of course this latter remark is not intended to apply to the community at large, but to a large class who persistently opposed every progressive movement where that movement encroached upon their rights or pocketbooks. There was seemingly no disposition to shove the struggling town along, but an evident feeling of self-satisfaction at its normal condition, therefore, no public enterprise met with much favor, but was rather given the cold shoulder by what was commonly denominated the " nabobs " of the town. In a deposition of Mr. Samuel Stites, taken in 1853, is the following bit of early history, which is conclusive upon this proposition :

Mr, Stites was asked to state what occurred on the occasion of an attempt or negotiation in regard to the erection of glass works many years ago. He answered : " In the year 1817 or 1818, a member of the firm of Page & Bakewell, extensive manufacturers of Pittsburg, visited this place and spoke of establishing a manufactory of glass here, provided they could obtain a suitable lot lying between the river street and the river. Several of our citizens went with him to the bank of the river to view the ground. I was along, and recollect distinctly that one of the signers of the ordinance of 1797 was also one of the number. The citizens generally were in favor of accommodating them, or that the town corporation should do so, believing that it would greatly promote the prosperity of the place. Some thought that the town authorities could make them a title to the ground, others that it would require an act of the Legislature, and I recollect distinctly that the 'signers of the ordinance of 1797 ' violently opposed it, alleging that the ground or space between the river street and the river should be kept open. That those who had purchased lots on the street did so with the understanding that no obstruction should ever be placed between them and the river, and that neither the town authorities or State Legislature could deprive them of that right. I recollect too that many of the citizens were a good deal displeased at the opposition shown by this man."

The Pittsburg gentleman, who had come to invest largely in the town, left it thoroughly disgusted. He was satisfied with the sand, the site and all, but the apparent lethargy and grumbling of such men as mentioned by Mr. Stites, settled the matter so far as Henderson was concerned. If the argument advanced by the signers of the ordinance of 1797 held good in 1817, it most assuredly did not in 1825, when the citizens and lot owners signed a deed, not only to the streets and public grounds, but to tl-we entire river front.

But then the reader must not forget that the two propositions were entirely unlike in their bearings. The proposition of 1817 was to receive an indirect benefit to the entire population, by encouraging the erection and operation of a large glass manufactory, while the proposition of 1825 was to repurchase the lots of a few by deeding away public grounds in which they were only interested as citizens and had no right to convey.

In 1835 or 1837, Samuel Orif, for many years a progressive, leading and influential citizen and capitalist of Evansville, and one who did as much as any one person to build up that flourishing city, came to Henderson from Pittsburg for the purj)ose of establishing a pork house.

He had ample means at his disposal to buy land and erect build ings, but met with no liberal encouragement. Land was priced to him enormously high, and no disposition to sell even at exhorbitant prices. He left Henderson and went to Evansville, where all of the land he required, and temporary buildings erected thereon, were freely given him without charge or price.

It is a settled fact that the early inhabitants, while hospitable and clever, were yet land sharks, with a confirmed idea of the respectability of a large landed estate, and a determination to hold to or receive four or five times its value. In very many instances to hold, no matter what price might be offered. For that reason, Henderson failed to witness more than a natural increase of population for many years and was left far behind by many of her neighbors.

Lot 59 was set apart in the early settlement of the town as a cemetery, and within that one acre were buried the remains of a large majority of those who died from 1800 up to 1849. While there is no deed from General Samuel Hopkins to the Trustees of the town or to the citizens, it is a self-evident fact that the lot was intended for a public burial ground and was so given.

An act of the Legislature was passed incorporating the Cumberland Presbyterian Church. The church building was erected on the northwest corner of lot No. 58, adjoining the alley, from the fact, perhaps, the land cost nothing, and from the further fact, perhaps, that in those times it was fashionable to have churches near burial grounds or burial grounds near churches.

In 1849 an act was passed incorporating the the Trustees of the " Henderson Cemetery," now known as Fernwood. And several years thereafter most of the remains of those to be found in the old cemetery were removed to the grounds purchased by the new company.

DuVing the 1822 term of the Legislature power was given to the Trustees of the town to levy and collect by taxation a sum not to exceed fi\e hundred dollars. Incorporated in this same act was a section regulating the tax le\ ied upon the property of non-residents. It was enacted, " That whenever any part of the tax levied upon property shall be assessed upon lots of non-residents, if not paid when due, the same shall be advertised fof three months, and if not paid, the lot or lots shall be forfeited, but may be redeemed in three years by the payment of triple the amount for which such lot was sold and double the tax for every year the lots may remain unredeemed, with legal interest and cost of advertising."

This one-sided law amounted to confiscation, and whether it was ever enforced cannot be determined. John Green was allowed the sum of twenty-two dollars for collecting the June tax for 1822.

Newspaper

With this year the records of the town begin, and on the fifteenth day of September, the following persons were present, and constituted the Board of Trustees : Nathaniel F. Ruggles, Levi Jones, John H. Sublitt, Samuel Stites and James H. Lyne; William D. Allison clerk. Dr. Levi Jones and Nathaniel F. Ruggles were appointed commissioners to have the town resurveyed and laid off, and two hundred dollars appropriated for that purpose. The meetings of the Board of Trustees were held monthly, on the first Friday in each month at the Court House. Thomas H. Herndon was appointed Captain of the pafol for the year, and his salary fixecl at twenty dollars. He was also allowed the sum of four dollars eighty-seven and a half cents for whipping slaves by order of the Magistrate The ponds around Court Square had become a source of great annoyance, and the ditches heretofore dug for the purpose of draining them, had become great ditches with perpendicular sides caving with every rain. A great part of the revenue was used for bridging these ditches and putting a stop to further encroachments into the roads or streets. Early in the year, the first newspaper was established in Henderson. It was the " Columbian^' published by William R. Abbott, and printed by Josh Cunningham, at that time a practical printer as well as graceful writer. This paper was published for many years, and was finally merged into the " South Kentuckian" under the management of W. R. Abbott and C. W. Pennell.

The Trustees determined it was necessary to the commercial interest of the town, that a landing should be provided, and to this end contracted with Robert Terry and N. C. Horseley, for the building of a thirty foot cut, through the foot of Sieam Mill Street as it was then known. This landing was known as Steam Mill Wharf. These names were derived from Audubon & Bake well's mill, now a part of Clark's tobacco factory. The landing was nothing more than a cut through the river bank, and owing to its being all sand, was a source of continual annoyance from washes. In order to protect it, the Trustees ordered timbers to be sunk in the ground, and lapped or pinned in the middle, running oblique to the top of the bluff bank to protect it against washing. Before the lower tier of timbers had been laid, a heavy rain came, and had it continued much longer, the whole bank, timbers and all, would have been washed into the river ; as it was, great damage was done and most of the work had to be done over anew. Instead of excavating, great fills had to be made. Finally the landing was completed and received, and Nathaniel F. Ruggles appointed harbor master at a salary of twenty-five dollars per annum It was a most difficult matter at that time, to determine upon an equitable system of taxation, and frequent committees were appointed to investigate, and suggest the best plan. On February 2, 1824, a committee consisting of Samuel Stites and Nathaniel F. Ruggles, reported a plan as follows ; "Having matured the subject, we report as follows : that a tax of fifty cents be levied on each white male over twenty-one years and on all blacks over sixteen years, which we estimate will yield sixty dollars, and further, that a tax of twenty-five cents each be levied on one hundred and eleven lots lying in the north section of the town, and on sixty-nine lots lying in the south section. That a tax of one dollar and twenty-five cents be levied on sixty lots; that a tax of three dollars be levied on fifteen lots lying north of the Public Square, and sixteen dollars be levied on eight lots; that a tax of one dollar and twenty five cents be levied upon each ten-acre lot."

Ordinance Passed

At this meeting of the Trustees, several ordinances were j^assed for the better regulation of the revenues of the town. Among the number was an ordinance making it unlawful for any owner, agent, consignee or commander of any boat or craft, to vend any goods, wares or merchandise, by retail at any of the landings of the town, without first procuring a license to do so, the said license being fixed at twenty dollars for three months, and only during the daytime ; also making it unlawful for any peddler or itinerant person to sell without having procured a license, which was fixed at five dollars for one month. Another ordinance was passed, making it unlawful for any person to erect buildings or any obstructions whatever in the streets, and requiring all persons to apply to the Surveyor of the town for correct lines. For a violation of this ordinance, the party offending should, upon conviction, pay a fine of five dollars per day so long as the obstruction was permitted to remain. Another ordinance made it a penalty for any one to take sand from the river front, without first having obtained permission from the '' Harbor Master," and for a violation, a penalty of five dollars attached for each and every offense.

James Rouse was appointed collector of the town tax, and required to execute a bond of one thousand dollars, and his salary fixed at twenty-five dollars. The disposition of land grabbers to fence up streets and public highways had been made so manifest, it became necessary for the Trustees to ride over the tawn every two or three days, in order to keep up with this notoriously greedy class. Charles Buck, who had set claim to a great part of the town was conspicuous among this number of men. The Trustees had passed frequent orders in specific cases, but in order to cover all, a general order was passed May, 1824, directing all persons under penalty, to remove their fences from off of the streets by the first day of January, 1825.

tional parts of many of the lots, the Trustees at their July meeting ordered the Collector to collect on all such lots at the rate of four cents per foot, fronting on each street. Robert Speed was granted permission to mal<e .brick on thePublic Square, on a part of the ground now occupied by the Barrett House, provided he would enter into bond of five hundred dollars penalty to grade first cross street to a level from Main or market, as it was then called, to Water Street. At the August meeting the following ordinance was passed : "Ordered, that from and after this time, no person shall be permitted to bathe in the Ohio River between the steam mill landing and Mrs. Husband's landing, between sunrise and sunset, under the penalty of five dollars, if a white person, and fifteen lashes, well laid on, by the Town Sergeant, if a colored person."

Nathaniel F. Ruggles was allowed forty-three dollars and seventyfive cents for work done on the bridge across the ditch, near the steam mill landing. This allowance will give some idea of the immensity of the ditches at that time on the public roads or streets. At this time, there was an immense pond near the seminary lot, and all of that territory between Elm and Green Streets, and above Upper Third, was a flat, covered with water during most of the year. From Rev. Joel Lambert's residence, then immediately in the rear of David Clark's present home, pedestrians were compelled to foot it to the upper end of the town before a crossing to Main Street could be had Samuel Stites, N. F. Ruggles and George Morris, were appointed commissioners to contract for the draining of the pond near the seminary and the flat on back street, and to superintend the work necessary to secure the outlet of the ditch leading from said pond and flat.

Over one hundred dollars was appropriated for building bridges over ditches, during the month of September, and double the amount for draining ponds in various parts of the town. This being true, can it be wondered that Henderson was so unhealthy. From 1822 to 182(5 Gobin & Webster and Leonard H. Lyne, had blacksmith shops on the Public Square, and James Rouse, a slaughter house, for the use of which, they paid the town five dollars each.

1825. A new act concerning the town was passed by the Legislature, and approved by the Governor, November 21. This act has been referred to before as the one in which Buck, Alves and Hart took a lively interest. It is the act which reduced the limits of the town, and turned over to Alves and Hart all of the lots below fourth lower cross street, including streets and riverfront. It also conferred upon the Trustees the power to levy any amount of taxes on said town, not exceeding two hundred and fifty dollars. It also provided that when a party owing taxes failed to pay by the appointed time, the Collector should advertise one month and proceed to sell all of the lot or lots, or enough thereof, to cover the taxes, costs and ten per cent, for selling. It also provided for the redemption of the property by payment of the purchase money, with interest thereon at the rate of fifty per cent, per annum. It provided for the laying off of the streets into precincts, and the appointment of surveyors thereof. It required every male, over eighteen years of age, within the bounds, or who was allotted to a surveyor, to labor on said streets any number of days not exceeding six in each year, or two days in any one month, and in case of failure or refusal, a fine of five dollars was to be assessed and collected. It required the Trustees to hold at least three stated meetings in every year, to wit: on the first Saturday in May, July, and October, and assessed a fine of five dollars upon any Trustee for

The old Union Chuich, the first house built exclusively for reli gious worship, was erected this year on the Public Square, and stood on the hill almost opposite the present residence of Nick Becker, on Lower First, between Main and Elm Streets.

There were but two meetings of the Town Trustees held during this vear. From the following record it would seem that the official board of the town, as 'well as the citizens, were at outs: "Be it remembered, that a Board of Trustees could not be convened agreeably to an act of Assembly of the Commonwealth of Kentucky, passed at the session of 1825, to pass the necessary ordinances for the better regulation of the town. The Trustees, however, feeling a disposition to do all that was necessary, when it was practicable to obtain a meeting, did meet on the third day of July, 1826, and passed ordinances which, if carried into effect by the united efforts of the citizens, would have made all the repairs nscessary for the convenience and good order of the town. But finding their acts were not technically supported by the existing laws, and some of the citizens, through lethargy, idleness, and a want of public spirit, refused to unite their aid in support of measures for their common benefit. Therefore, be it ordained, that the ordinances passed at the said last meeting be and are hereby repealed ; and thereupon Nathaniel F. Ruggles, Sam

On the fifth day of May an election was held, and VViatt H. Ingram, Nathaniel F. Ruggles, George Atkinson, John Spidel and William D. Allison were duly elected Trustees for the ensuing year.

The Board met May 9, and organized. The streets of the town were then divided into three precincts, and Joel Lambert, Abram Scott and Dr. Owen Glass appointed surveyors.

A general turnout of all the males of the city of legal age with spades, picks, etc., was ordered, as will be seen from the following : " Ordered, that Joel Lambert, Abram Scott and Dr. Owen Glass warn the hands in their respective precincts to meet on Tuesday morning next, the fifteenth, just at sunrise, if fair, if not, on the next day, at the Court House, with hoes and spades, to work on the public streets, as the Trustees may then and there direct, under the penalty prescribed by law, for two days in succession."