Henderson County KyArchives History - Books .....Chapter XV The Second Steamboat 1887
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Book Title: History Of Henderson County, KY

CHAPTER XV.

THE SECOND STEAMBOAT-THE REMARKABLE COLD PLAGUE-FIRST PENITENTIARY
CONVICTS-BATTLE OF NEW ORLEANS-FIRST COUNTERFEITER-ACT TO REGULATE CIRCUIT COURTS-
THOMAS TOWLES COMMISSIONED JUDGE OF THE ILLINOIS TERRITORY-AUDUBON MILLS
-STEAMBOAT BUILT AT HENDERSON, ETC., ETC.

THE following chapter, embracing the years 1815, '16, 17, '18 and '19, the
county's history is fraught with many incidents of interest, of which I have
endeavored to arrange and set forth in a plain way, so that they may become
interesting to the readers, more particularly for their historical value, than
for the phraseology used in presenting them,

"THE COMET,"

A forty-five ton steamboat, and the second one of the kind built on the Western
waters, made her appearance at Henderson in the early spring of 1814. She was a
stern-wheel craft, built at Pittsburg in 1813, using a patent vibrating
cylinder. The third steamer, the "Vesuvius,"a three hundred and ninety ton boat,
and built at Pittsburg, left that port and sailed for New Orleans early in the
spring. This steamer also landed at Henderson. The fourth steamboat, the
"Enterprise," forty-five tons, passed Henderson in December, en route for New
Orleans, loaded with ordinance stores for General Jackson's army.

THE COLD PLAGUE.

    The "cold plague," as it was called, made its appearance in this year, and
certainly was one of the most remarkable and incomprehensible diseases ever
known up to that time. In March it raged with great fatality. The consternation
produced, was far greater in Nelson, Hardin and Grayson, than in this county.
The doctors found it a new type, and not only a new type, but one completely
dumbfounding. Those attacked were seized with a chilly sensation, which
continued for a short time. It made rapid work and the freezing sensation
increased until the patient lost all feeling of warmth, and literally froze to
death.

FIRST CONVICT TO PENITENTIARY.

    At the spring term of the Circuit Court, Amos White was the first man to
receive a free pass over the country to the State Penitentiary. He was escorted
by Elijah King, acting Sheriff of the county, on horse-back. The distance to
Frankfort-one hundred and eighty-seven miles, and returning-was made in ten
days, and the horse used by the convict was paid for at the rate of fifty cents
per day. Cheap, indeed, compared to horse hire nowadays.

"THE BATTLE OF NEW ORLEANS"

Was the most brilliant event of the War of 1814 and '15. It created a deep
sensation at the time, and the vast political consequences which have resulted
from it, have engraved it deeply and indelibly upon the minds of the American
people.

    The overthrow of Napoleon in 1814, had rendered disposable a large part of
that veteran British force which had marched under Wellington through six
campaigns of uninterrupted victory in Spain.

    At the close of 1814, a force from eight to twelve thousand veterans and
incomparable British troops, was placed under the command of Sir Edward
Packenham, the brother-in-law of Wellington, and an officer who, in a
subordinate station, had brilliantly distinguished himself at the battle of
Salamanca. His orders were to sieze New Orleans, and in pursuance of that
object, he effected a landing at the mouth of the Mississippi on the
twenty-second day of December, after destroying a flotilla of six gunboats which
attempted to prevent the disembarkation of this mighty armament.

    Such was the principal maritime force which the American Government had
prepared to resist this invasion. The American land forces were upon a similar
beggarly scale. A division of Kentucky 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 McNamar, 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 horse-boat. This was a
miserable, rickety affair, and absolutely filthy, so much so, many of the men
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, and 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.

    More than one of them had promised friends and relatives, whom they had left
behind, a red coat, as a memento of the great battle to be fought, and actuated
more by this, perhaps, than any other incentive, 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 iti 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 k now 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 Adair, who formed a reserve corps,
and were directed to march to the assailed point and strengthen the line there.
It 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 until 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 The front rank
alone would fire as fast as «the nine ranks behind could pass forward their
loaded muskets, receiving 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, covered
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 deep silence, but with a swift and steady 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 effect. Then
there was a moment'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 for
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 paused 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 officers 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 rode 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.

    In April of this year the flood in the Ohio River was higher than ever known
since 1793.

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.

    On the third day of February, 1816, the following act "to further regulate
Circuit Courts" was approved:

    "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
Circuit 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 to 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 presents 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 of 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 ail 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,
    "By the President-                         JAMES MADISON,
    "JAMES MONROE, Secretary of State."

    Subsequent to this, Mr. Towles qualified, as will appear from the following
certificate:

"ILLINOIS TERRITORY-

    "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. Papei 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.

"A GOOD SCHOOL."

    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 ail in all the religious and educational
interests of the community were well provided for.

    The commercial advantages of the town had become more significant, 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 and 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 Bake-well 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 weather-boarding, 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 during the year.

    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 currency, 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 Henderson, 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, by 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 old-time 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 purchased 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's bill 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:

    unt of brick in the Bank House, Henderson:

Basement story                              32,410
First story                                 63,570
Second story                                43,580
Parapet walls                               10,136
Vault                                       19,800
Shaft of chimney                             1,575
                                           _______
                                           171,071
Deduction for chimney                        3,000
                                           _______
                                           168,071
                        "JOHN LEWIS,
                        "CHARLES PECK."

    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:

"To the President and Directors of the Bank of Henderson, to Henderson
Steam Mill.                                                        Dr
To three pieces of scantling, 56 feet, at4 1/2 c                  $2 52
To two pieces of scantling,34 feet                                  ---
To sixty rafters. 714 feet, at 4c                                 28 56
To five pieces scantling, 40 feet, at 3c                           1 20
To fifteen joints, 278 1/2 feet, 6c                               16 71
                                                                 $48 99
                                       J. J. AUDUBON & CO."

    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 years. 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.

    The following bit of history, as much to be applied to Henderson as any
other county, is reproduced simply to give the reader a 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 without pain,
without 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 of 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 two-thirds 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 triumphed. At the ensuing
session of the Legislature the "obnoxious act was repealed, the opinion 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 nullity.
This certainly was one of the most signal triumphs of law 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 oŁ the State, and was en-roiled 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 twenty-ninth day of November, 18.8, from Thomas K. Moore, the
sum of thirty-jive cents, being the amount of the purchase money for one lot in
Henderson County, 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 H. 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.
                           "HENRY P. BROADNAX."

    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."

1819.

    At the March term of the Circuit Court, John Boyle was the first British
subject to renounce allegiance to the Queen.

    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; Charlotte Elizabeth Spidel,
thirty-five years; John, eleven years, and Christian, three years of age.

    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.


Additional Comments:

Extracted from:

HISTORY OF HENDERSON COUNTY, KENTUCKY,
BY
EDMUND L. STARLING,

COMPRISING HISTORY OF COUNTY AND CITY, PRECINCTS, EDUCATION, CHURCHES, SECRET
SOCIETIES, LEADING ENTERPRISES, SKETCHES AND RECOLLECTIONS, AND BIOGRAPHIES OF
THE LIVING AND DEAD.

ILLUSTRATED.

HENDERSON, KY, 1887.

File at: http://files.usgwarchives.net/ky/henderson/history/1887/historyo/chapterx323gms.txt

This file has been created by a form at http://www.genrecords.org/kyfiles/