KNOX COUNTY KENTUCKY HISTORY

Photo of Elmer Decker 1911
 
 

Later Photo of Elmer Decker
 
 
 
 
 
 
 
 
 
 
 
 
 
 

                                   Contains History and Records of Knox County

                                                                My $0.02

Who was Elmer Decker? He was a Knox County Lawyer in the late 1930's and early 40's.  He studied the History of Knox County and wrote the following manuscript.

When I was growing up in Barbourville.  There were people that didn't believe that the Boone Trace followed US 25E. I remember someone that had found marked trees and rocks by Daniel Boone.  So at that time a lot of people were interested in the history of Knox County and he was one of the few who left a record of this history.

In 1964 when the present courthouse was built the records were hauled to the dump.  And this manuscript is a work of Knox County Records that are now lost forever.  If he had not written this we would never know these things about Knox County. It was never published. And the only copy that I am aware of is one that was given to Union College at Barbourville.

By me placing this on the web I hope it will be preserved forever.  And will be an honor to Elmer Decker.  I am not any part of his family nor am I kin to him.  I just believe that someone should preserve this record for future generations to come.

I hope that you find it as interesting as I have.  Spelling is original. The orginal manuscript was typed on legal size paper and had a few pages of tables showing how many kids where in each school and how much the state paid each school for those pupils, no names where included and beening a home made form I couldn't type these. So the page numbers are different on this copy from the orginal.

If you would like to have a copy of this on cd with a search engine it can be bought for a tax deductable contribution of $25.00 plus shipping, from:
Bell County Historical Museum
PO Box 1344
Middlesboro, KY 40965
(606)242-0005
email Bell Historical Society
 

I do not receive one penny from any sales.
 
 

                         C. Richard Matthews
 
 

 At one time or another England, France, and Spain claimed various portions of North America, including Kentucky.

 It is not definitely known when any part of the State of Kentucky was first visited by white men. French colonists in Canada and Louisiana traveled the Mississippi and Illinois River routes passing Kentucky. Later the French came down the Ohio River from Ft. Duquesne (Pittsburg).

 These early explorers did descend the Mississippi River and passed Kentucky enroute. There are few authentic records of their ever landing on Kentucky soil. Louis Hennepin, a Catholic Priest, descended the Mississippi River and visited Kentucky in 1680. LaSalle and Captain Tonti trod Kentucky soil in 1682. In 1685 and 1688 Captain Tonti again visited West Kentucky. In northern Kentucky, near Limestone (Maysville), the Indians built log houses, which apparently, the French occupied at different times.

 In 1584 Sir Walter Raleigh, under an English patent, tried unsuccessfully to settle a colony. His charter included Kentucky.

 The charter of the Jamestown Colony, commanded by Captain John Smith and first settled in 1607, also included Kentucky.

 At Albany, New York in 1684?, a treaty with the Iroquois by Lord Howard, Governor of Virginia, and Colonel Dungan, Governor of New York, deeded to the British Government a vast tract of country, which embraced Kentucky.

 On November 5, 1768, another treaty, made at Ft. Stansix, between the Six Nations and the Delawares, Shawanees, and Mingoes of Ohio and King George III of England, included the sale of a large tract of land in which was Kentucky.

 Following the Battle of Point Pleasant, October 10, 1774, which was called the first battle of the American Revolution, the Shawanee Indians made a treaty with lord Durmore, Governor of Virginia, relinquishing all claim to lands south of the Ohio River.

 There were other and later treaties with the Cherokees and Chichasaws conveying parts of Kentucky.

 Thus it can be said that the Colony and State of Virginia had claim to Kentucky. This claim was generally recognized by the other colonies and states. This led to exploration parties from Virginia.

 The first English settlers, captured by the Indians, to enter Kentucky were Gabriel Authur, 1674, John Salling, 1730, John Howard, 1742, and Mary Draper Ingles, 1755, who was the first white woman in Kentucky.
 
 

 Dr. Thomas Walker, of Albermarle County, Virginia, on behalf of the Loyal Land Company, commenced a journey to Kentucky March 6, 1750. That part of his journal relating to early Knox County follows:
 

 April 13th. We went four miles to a large creek, which we called Cedar Creek, being a branch of Bear Grass, and from thence six miles to Cave Gap, the land being level. On the north side of the gap is a large spring, which falls very fast and just above the spring is a small entrance to a large cave, which the spring runs through, and there is a constant stream of cool air issuing out. The spring is sufficient to turn a mill. Just at the foot of the hill is a Laurel Thicket, and the spring water runs through it. On the south is a plain Indian road. On the top of the ridge are Laurel Trees marked with crosses, blazed and several figures on them. As I went down the other side I soon came to some Laurel on the head of a branch. A Beech stands on the left hand, on which I cut my name. This gap may be seen at a considerable distance, and there is no other, that I know of, except one about two miles to the north of it, which does not appear to be so low as the other. The mountain on. the north side is very steep and rocky, but on. the south side it is not so. We called it Steep Ridge.

At the foot of the hill on. the northwest side we came to a branch that made a great deal of flat land. We kept down it 2 miles. Several other branches come in to make it a large creek, and we called it Flat Creek. We camped on the bank where we found very good coal. I did not see any Limestone beyond this ridge. We rode 13 miles this day.

 April 14th. We kept down the creek 5 miles chiefly along the Indian road.

 15th. Easter Sunday. Being in bad grounds for our horses we moved 7 miles along the Indian road, to Clover Creek. Clover and Hop Vines are plenty here.

 April 16th. Rain. I made a pair of Indian Shoes those I brought being bad.

 17th. still rain. I went down the creek a hunting and found that it went into a river about a mile below our camp. This, which is Flat Creek and some other join'd, I called Cumberland River.

                      THE CUMBERLAND

A long thin line of Turquoise blue,
With tints in the sky of self-same hue,
The hills of purple, gray and green
Were enrapt in a golden sheen,
    Majestic hills, river between,
     The Cumberland rolls on.

From Letcher's rocks and rills it leaps,
Past miner's camp and home it sweeps,
Through Tennessee it flows along,
 
 

God's melodies it does prolong,
    Melody grand, infinite song,
      The Cumberland rolls on.

Down through the hills its crystal waves,
An everlasting roadway paves,
A path to nature's mysteries,
Path to appointed reveries,
    Reveries sweet, mysteries deep,
      The Cumberland rolls on.

Through a haze shrouded lane of time,
And beautiful nature sublime,
While the toilsome strife of ages,
Turns over history's pages,
    Honor ages, shimmer pages,
      The Cumberland rolls on.

Rippling always a merry song,
'Neath a brave empire building throng,
Leaping, laughing, singing along,
Never is the melody wrong,
   Musical dream, heavenly stream,
     The Cumberland rolls on.        Elmer Decker

 18th. Still Cloudy. We kept down the creek to the river along the indian road to where it crosses. Indians have lived about this ford some years ago. We kept down the south side. After riding 5 miles from our camp, we left the river, it being very crooked. In riding 3 miles we came on it again. It is about 60 or 70 yards wide. We rode 8 miles this day.

 19th. We left the river but in 4 miles we came on it again at the mouth of Licking Creek. Which we went up and down another. In the fork of Licking Creek is a lick much used by Buffaloes and many large roads lead to it. This afternoon Ambrose Powell was bit by a bear in the knee. We rode 7 miles this day.

 20th. We kept down the creek 2 miles to the river again. It appears not any wider here than at the mouth of Clover Creek, but much deeper. I thought it proper to cross the river and began a bark Canoe.

 21st. We finished the canoe and tried her. About noon it began to thunder, lightening, hail and rain. It continued about 2 hours.

 22nd. The Sabbath. One of the horses was found unable to walk this morning. I then propos'd that with two of the company I would proceed. And the other three should continue here, until our return, which was agreed to, and lots were drawn to determine who should go. Ambrose Powell and Colby Chew were the fortunate persons. William Tomlinson, Henry Lawless and John Hughs remained.

 23rd. Having carried our baggage over in the bark canoe and swam our
 
 

horses, we all crossed the river. Then Ambrose Powell, Colby Chew and I departed. Leaving the others to provide and salt some bear, build a house and plant some Peach Stones and corn. We traveled about 12 miles and camped on Crooked Creek. The mountains are very small here abouts and here is a great deal of flat land. We got through the cold today.

 April 24th. We kept on westerly 18 miles, go clear of the mountains and found the land poor and the woods very thick beyond them, and Laurel and Ivey in and near the branches. Our horses suffered very much here for want of food. This day we came on the fresh track of 7 or 8 Indians, but could not overtake them.

 25th. We kept on west 5 miles, the land continuing much same, the Laurel rather growing worse, and food scarcer. I got up a tree on a ridge and saw the growth of the land much the same as far as my sight could reach. I then concluded to return to the rest of my company. I kept on my track 1 mile then turned southerly and went to the Cumberland River at the mouth of Clover Creek. Rocky Creek runs within 40 yards of the river bank then turns off, and runs up the river, surrounding about 25 acres of land before it falls into the river. The banks of the river and creek mouth of the creek is an Ash mark'd T.W., a Red Oak A.P., a White Hiccory C.C. besides several trees blazed several ways with 3 chops over each blaze. We went up the north side of the river 8 miles and camped on a small branch. A bear broke one of my dogs forelegs.

 April 27th. We crossed Indian Creek and went down Meadow Creek to the river. There comes in another from the southward as big as the mouth are the remains of several Indian cabins and amongst them a rough hill made by Art about 20 feet high and over 60 over the top. We went up the river, and camped on the bank.

 28th. We kept up the river to our company whom we found all well, but the lame horse was as bad as we left him and another had been bit in the nose by a snake. I rub'd the wounds with bears oil, and gave him a drench of the same and another of the decoction of Rattle Snake Rott some time after. The people I left had built a house 12 by 8, clear'd and broke some ground, planted corn and Peach Stones. They also had killed several bears and cured the meat. This day Colby Chew and his horse fell down the bank. I bled and gave him Volatile Drops and he soon recovered.

 April 29th. The Sabbath. The bitten horse is better. 3 quarter of a mile below the house is a pond in the low ground of the river, a quarter of a mile in length and 200 yards wide much frequented by fowl.

 30th. I blazed a way from our house to the river. On the other side of river is a large Elm cut down and barked about 20 feet and another standing just by it with the bark cut around at the root and about 15 feet above. About 200 yards below this is a white Hickery barked about 15 feet. The depth of the water here, when the lowest that I have seen it, is about 7 or 8 feet, the bottom of the river sandy ye banks very high and the current very slow. The bitten horse is being much mended, we set off and left the lame one. He is white, branded on the rear Buttock with a swivil stirrup iron, and is old.
 
 

We left the river and having crossed several hills and branches, camped in a valley north from the house.

 May the lst. Another horse being bit, I applyed bears oil as before mentioned. We got to POWELL's River in the afternoon and went down it along an Indian road, much frequented, to the mouth of a creek on the west side of the river, where we camped. The Indian road goes up the creek and I think it is that which goes through Cave Gap.

 2nd. We kept down the river. At the mouth of a creek that comes in on the east side is a lick, and I believe there was a hundred Buffaloes at it. About 2 o'clock we had a shower of rain. We camped on the river, which is very crooked.

 May 3rd. We crossed a narrow neck of land, came on the river again and kept down it to an Indian camp, that had been built this spring, and in it we took up our quarters. It began to rain about noon and continued until night.

 4th. We crossed a narrow neck of land and came on the river again, which we kept down till it turn'd to the westward, we then left it, and went up a creek which we called Colby's Creek. The river is about 50 yards over where we left.

 5th. We got to Tomlinson's River, which is about the size of Powell's River, and I cut my name on a Beech, that stands on the north side of the river. Here is plenty of coal in the south bank opposite to our camp.

 6th. The Sabbath. I saw Goslings, which shows that wild Geese stay here all the year. Ambrose Powell had the misfortune to sprain his well knee.

 7th. We went down Tomlinson's River the land being very broken and our way embarrassed by trees, that had been blown down about 2 years ago.

 May 8th. We went up a creek on the north side of the river.

 9th. We got to Lawlesses River which is much like the others. The mountains here are very steep and on some of them is Laurel and Ivey. The tops of the mountains are very rocky and some parts of the rocks seem to be composed of shells, nuts and many other substance petrified and cemented together and with a kind of flint. We left the river and after traveling some miles we got among trees that had been blown down about 2 years, and were obliged to go down a creek to the river again, the small branches and mountains being impassable.

 This the first authentic account of a house been built by Englishmen in the Commonwealth of Kentucky. The site is about six miles below Barbourville on the north side of Cumberland River near Swan Lake.

 Corn and peach stones were first planted by white men during Dr. Walker's
 
 

journey. He didn't name the mountains or the gap. He called it Steep Ridge and left it Steep Ridge. The gap was named by one Wallen or Walden, a long hunter, after his native Cumberland County, Virginia.  Indians called Cumberland Mountain Ouassioto, or Wasseoto. On early maps Cumberland River is called Shawnee.

 The house site of Dr. Walker was acquired by Deaton-Smith Post No. 69, the American Legion, and donated to the Kentucky Park Commission.

 In 1751, Christopher Gist commenced a trip of exploration from the "Old Town on the Potomack River in Maryland." Gist may have touched the north tip of old Knox County. However, since he returned home up the north fork of the Kentucky River it is not thought that he was on Knox County soil.

 A party of long hunters, so called because they remained away from the settlement on hunts for twelve months or longer. Skaggs, Newman, Blevins, Cox and Wallen (for whom Wallen's Creek in Harlan County is named), entered Kentucky Cumberland Gap (it belonged to Kentucky until 1859, Tennessee archives) in 1761.

 In 1766 Captain James Smith, who later settled in Bourbon County, Joshua Horton, Uriah Stone, Wm. Baker and a mulatto slave came through the gap.

 From South Carolina in 1767 Isaac Lindsey, who is said to have named Rockcastle River, led a party through the gap toward the central part of the state. During this year John Findlay made a trip beyond Cumberland Mountain.

 Daniel Boone, piloted by Finley, made his first trip to and through Cumberland Gap in 1769. He later made several trips, and in 1775 blazed the famous trace.

 Another band of long hunters, James Knox, John Rains, Kasper Mansco, Abraham Bledsoe, John Baker, Joseph Drake, Obakian Terrell, Uriah Stone, Henry Smith, Edward Cowan, Thomas Gordon, Humphrey Hogan, Cassius Brooks, Robert Crockett and others came to Kentucky through Cumberland Gap in 1769.

 On March 17, 1775, Colonel Richard Henderson, Nathaniel Hart and others bought a track of land from the Cherokees, which included the territory in Kentucky between the Ohio, Kentucky and Cumberland Rivers, as far east as the Cumberland Mountain. It was called Transylvania Colony. Lord Dunmore, Governor of Virginia, refused to recognize the colony and the trade with the Indians, but assumed the benefits and granted the buyers a tract of land twelve miles square on the Ohio below the mouth of Green River. It was for Henderson, Hart and Company that Daniel Boone blazed the Trace, later known as the Old Wilderness Road.

 Within the bounds of the present City of Middlesboro, (according to the late Judge Aires of Pineville), was made the first entry of land that was made under any title in southeastern Kentucky, and the first that was made in Kentucky under the title of Richard Henderson and his Associates.
 
 

On the back of the first page of his journal, April 3, 1775, Richard Henderson entered Bryce Martin for 500 acres of land lying on the first creek after crossing Cumberland Gap. The next entry of any size, made by Virginia authorities, was that to Colonel Arthur Campbell, called the father of Washington County, Virginia, for 600 acres on Flatt (yellow) Creek in 1780. One Henderson made this survey for Col. Campbell. Richard Davis and Samuel Mosby carried the chains.

 Bryce Martin was a brother of Joseph Martin, who established the first ferry across the Cumberland River on the Warrior's Path near the ford (Pineville, the ford was at the foot of Laurel Street - the ferry was between there and the Wallsend Bridge), in 1791. This is the same Joseph Martin who built Martin's Station, near the present town of Rose Hill, Virginia and for whom Martin's Fork of the Cumberland River is named.

 At Harrodsburg on. June 6, 1775, a general meeting chose George Rogers Clark and Gabriel Jones as agents to the Virginia Assembly. Whether this Gabriel Jones, who was a Captain in the Virginia Militia and was later killed in a disastrous engagement with the Indians between the Blue Licks and Ohio River on the Old Limestone Trail, was of the Gabriel Jones who later settled in Knox County is not known. A Gabriel Jones was granted a certificate by the Knox County Court, for 400 acres of land below the mouth of Cranks Creek in 1801 "by virtue of an actual settlement made thereon."

 The first legislative body west of the Allegheny and Cumberland Mountains met at Boonesborough, May 23, 1775. The second legal, (the first was a court of and claims at Harrodstown in 1779, composed of four commissioners, William Fleming, Edmund Lyne, James Barbour and Stephen Trigg), ever held in Kentucky was for Lincoln County, parent of Knox, Bell and other southeastern counties. It was organized at Harrodsburg, January 1781. Logans, Bowmans and Craigs were appointed to office by the Governor of Virginia. John Logan Jr., prominently identified with the early history of Knox County was from Lincoln County and later returned there.

 Kentucky had always been a part of Virginia from early Colonial times. Orange County organized in 1734, embraced all Virginia territory west of the Blue Ridge. Augusta County was formed from Orange in 1738 and organized in 1745, Bottetourt formed from Augusta in 1769, and Fincastle was formed from Bottetourt in 1772, all of these included Kentucky.

 On December 31, 1776, Kentucky County was formed. Kentucky was a county before it was a state. This county was subdivided in 1780 into Jefferson, Fayette and Lincoln Counties.

 From 1780 until the admission of the state into the Union. the name Kentucky was not on the map except as the name of a river.

 In March 1783, Kentucky was formed into one district. A district court was opened at Harrodsburg, March 3, 1783, by John Floyd and Samuel McDowell as judges.
 
 

 The Virginia Assembly passed an act in January 1786, favoring the separation of Kentucky on certain conditions, but in October passed another postponing the separation until January 1, 1789.

 Assembled in convention at Danville an September 17, 1787, Kentucky delegates decided in favor of separation on the terms offered by Virginia. However, a later convention, July 20, 1789, protested the conditions of separation contained in the third act of the Virginia Assembly.

 This disagreement deprived Kentucky of the honor of being the first state admitted to the Union. It was, however, the first state for which an act of Congress was passed (February 4, 1791) granting admission. The act was signed by President Washington, who had in December 1790, recommended to Congress the admission of Kentucky into the Union.

 Virginia altered her conditions December 18, 1789, agreeable to the desires of Kentucky, and the ninth convention accepted the terms July 26, 1790 and fixed June 1, 1792 for the independence of the State of Kentucky. Kentucky was admitted to the Union June 1, 1792.

 The first capital was Lexington (later moved to Frankfort), where the first governor, Isaac Shelby was sworn in.

 Governors of Virginia during the time Kentucky was a part of that state were as follows: June 29, 1776, Patrick Henry; June 1, 1779, Thomas Jefferson; June 12, 1781, Thomas Nelson; November 1781, Benjamin Harrison; December 1784, Patrick Henry; December 1786, Edmund Randolph; December 1788, Beverly Randolph; December 1791, Henry Lee.

 At the time of admission as a state into the Union there were nine counties, which had been established by the Virginia Assembly. They were Lincoln, Fayette 1780, Jefferson 1780, Nelson 1784, Bourbon 1785, Mercer 1785, Madison 1785, Mason 1788, and Woodford 1788.

Counties formed after becoming a state, before Knox was formed
December 19, 1799, were Washington, Scott, Shelby, Logan, Clark, Hardin, Green 1792, Harrison 1793, Franklin, Campbell 1794, Bullitt, Christian, Montgomery, Bracken, Warren, Garrard 1796, Fleming, Pulaski, Pendleton, Livingston, Boone, Henry, Cumberland, Gallatin, Muhlenburg, Ohio, Jessamine, Warren, Henderson 1798, Beckenridge and Floyd 1799.

 There were many killed by Indians in southeastern Kentucky after the advent of white men. The long hunters first encountered the savages.

 The earliest Indian massacre within the confines of Knox County as first established took place in 1780 near Raccoon Spring, about two miles beyond Robinson Creek
 
 

now in Laurel County. According to Captain John Redd, who saw the slain "laid beside a log and covered with brush" five were killed.

 In 1784 the Indians murdered the McNutt family and others. Their remains were buried near where it happened, a short distance from Fariston in Laurel County. These graves may still be seen in Levi Jackson State Park. Nine headstones mark the resting places of the twenty-four who were killed.

 Captain Charles Gatliff recorded on the margin of page 57 of an old combination reader, grammar and arithmetic book, now in the possession of E.M. Gatliff, Williamsburg, the following, "March 12, 1793, Thomas Shelton, with three more ministers were killed on Little Richland Creek on the Wilderness Road from Kentucky to the Holston." This is the first account of a killing by Indians on Little Richland Creek which never appeared in any history.

 Fourteen persons were killed on the Wilderness Road near Hazel Patch in April 1793. Later in the same month and year Indians killed seven white men at Laurel River. About the same time Colonel Isaac Bledsoe was slain on the Cumberland. A party of Indians attacked two families on the Kentucky side of the Cumberland Mountain in October 1793. One man was killed and two children were wounded.

 John Tye and his son, who had settled on Big Poplar Creek now in Whitley County, were attacked by Cherokees in 1793. His boy was killed and he was wounded. Contrary to the accounts of Kentucky Historians, Tye killed several of the Indians and guarded the body of his son until help arrived. Tye had several vicious dogs which assisted him in repelling the Indians. It is said that another son, Joshua Tye, who later helped defeat the British and Indians at the Battle of the Thames, would kill every Indian he met.

 The Joe-Fields, near Woodbine, received their name from Joseph Johnson, who was slain by Cherokees in his cabin at that place. Before and during the Civil War the Joe-Fields developed an unsavory reputation. It is said to have been a haven for a gang of questionable characters. In Deed Book R, page 589, a deed from William Tankesly to his children reads as follows: "November 12, 1866, I William Tankesly, will now make it known the reason why I make this trade and will here in after mentioned, my reason is that I an afraid that the Jofield crowd, my enemies, will destroy me."

 John Spence King born ninety-six years ago (1842) an Log Mountain (now Bell County), states that he was always told that Baptist Gap, southwest of Cumberland Gap, was so named because three early Baptist Ministers were killed there by Indians. There were many early individual encounters with the Indians in southeastern Kentucky. Numerous such attacks are so veiled in obscurity, that it is difficult at this time to determine the real facts.

Information of another early massacre was obtained as follows:
 
 

 Leonard Oakley: When seen at his home about a half mile west of the scene of the McFarland Defeat on Sunday afternoon June 4, 1939, by Russell Byche. He stated that he had all his life heard a great deal about the McFarland Defeat, from his father, Henderson Oakley and others, and that in the past there had been a great many arrow heads, lead bullets and other relics found about the scene. He thought he had two or three of the arrowheads and when he found them he would give them to Levi Jackson Park Museum. He said all of the Indians were killed in the fight and that all of the McFarland company excepting McFarland himself and two others, whom he described as a woman and a child (girl) who had hidden under a cliff and found there three days later by men who came from Crab Orchard.

 W.R. Maples: Interviewed at his home Sunday afternoon June 4, 1938, by Russell Dyche. Mr. Maples gives as his authority a man named Jack Evens, who told him the story about 54 years ago, at which time Evans was 90 years old and lived about three miles (about Evans Ferry), on the Rockcastle River on the London-Somerset Road. Evans told him that his father was in the party that answered McFarland's appeal for help, and came from Lincoln County, probably Logan's Station, to help bury the dead before Jack Evans was born. McFarland's company was surprised by a band of indians and in the fight that ensued all had been killed excepting only McFarland and one indian, each of whom was armed with a musket. The indian's ramrod became fastened in his musket and this gave the victory to McFarland, for whom the branch that flows by his name. McFarland immediately set out for the Woods' Block House on Hazel Patch Creek, which at that time was the only settlement in what is now Laurel County. He and Mr. Woods continued their way to Logan's Station that night for help. Whether they reached there before next day, Mr. Maples was not informed, but it was the third day before a party from Logans's returned. They found two children and their dog under a rock cliff about a half mile to the west, and on the right side of the road as you go to London from his house. Someone had gotten there ahead of this party and had moved the bodies of the indians to a rock cliff some distance away. Among the 28 indians was a renegade white man, who had taken up with the indians. He was thought to have been the last man that McFarland killed. Mr. Maples did not know how many white people were in the party, but he thought there were between twenty and thirty. At that time, JacX Evans had told Mr. Maples, the land all about the McFarland Camp was an open prairie, and that the only trees were large trees along the creek.

The last recorded indian murder in the interior of the state appeared in the Kentucky Herald March 28, 1795. "By a gentleman just from the salt works we are informed that the indians stole some horses from that place and killed a man on Goose Creek." For several years, (after the northern tribes quit) the Cherokees from Tennessee and North Carolina continued to raid in Kentucky.
 
 

 Section I Be it enacted by the General Assembly, that from and after the first Monday in June next, all that part of the County of Lincoln, included in the following bounds, to-wit: Beginning where the Pulaski line strikes the Tennessee line, and with said Tennessee line east to the top of the Cumberland Mountain; thence along the said mountain to the line of Madison county, and with the same to a point due east of the mouth of the branch of Kentucky River that the Wilderness Road goes down; thence up the said branch to the said road; thence with the said road to the aforesaid Madison line, and with the same to the head of Rockcastle River, and down the said river to the Pulaski line, and with Pulaski line to the beginning, shall be one distinct county, and called and known by the name of Knox. A court for the said county shall be held by the justices thereof, on the fourth Monday in every month, in which the courts of quarter sessions are not hereafter directed to be held.

 Section 2 The justices to be named in the commission of the peace for the said county of Knox, shall meet at the house of John Logan, in the said county, on the first court day after the said division shall take place; and having taken the oaths prescribed by law, and a sheriff being legally qualified to act, the justices shall proceed to appoint and qualify a clerk, and fix on a place for holding courts in said county, at or near the center thereof, as situation and convience will admit; and thenceforth the said courts shall proceed to erect the necessary public buildings at such place; and until such buildings be complete, to appoint such places for holding courts as they shall think proper; provided always, that the place for erecting public buildings shall not be fixed on, unless a majority of the justices of both courts of the said county shall concur therein; but a majority of those present on any court day, may appoint a clerk pro tempore.

 Section 3 And be it futher enacted, that the court of quarter session for said county of Knox shall be held, annually, in the months of March, May, August, and November.

 Section 4 It shall be lawful for the sheriff of Lincoln to collect and make distress for any public dues and officer's fees, which shall remain unpaid by the inhabitants thereof at the time such division shall take place, and shall be accountable for the same in like manner as if this act had not been made. And the courts of the county of Lincoln shall have jurisdiction in all action and suits, either in law or equity, which shall be depending before them at the time of such division, and shall try and determine the name, issue process and award executin thereon.

                AN ACT FOR ADDING PART OF MADISON TO KNOX

      Approved December 12, 1804. Whereas it is represented to the present
 
 

general assembly, that some of the good citizens of Madison county labor under great inconveniences in attending at their present seat of justice, owing to the distance and badness of the road which they have to travel, and that it is much nearer and better way to Knox Courthouse; for remedy whereof.

 Section I Be it enacted by the general assembly, that from and after the first day of April next, all that part of Madison county, aforesaid, comprised within the following bounds, shall be added to and considered as part of the county of Knox, to-wit: beginning on the line of the present counties, at a point due west of the mouth of Collin's Fork of Goose Creek; thence east to the mouth of said fork; thence a straight line to a point fifty poles south of the house of James Kincaid Esq.; thence a straight line (so as to leave said Kincaid in Madison County) to the nearest part of the ridge that divides the waters of Goose Creek from those of the Red Bird Fork; thence with the said ridge eastwardly to the line of Knox County, and with the same to the beginning.

 Section 2 And be it futher enacted, that the sheriff of the said county of Madison may lawfully, after the first day of January next, distrain or collect all public dues and officer's fees from the inhabitants residing in the before mentioned boundary, which the said sheriff now is or may be before the said first day of April, bound by law to collect. This act shall commence and be in force from and after its passage.

 Knox County was named after Colonel James Knox, a long hunter, Indian fighter, Revolutionary War veteran (Major), and legislator. He was born in Ireland. In a letter to Dr. L.C. Draper, dated at Lexington, Kentucky November 18, 1848, Robert Wickliffe Sr., a celebrated lawyer, whose parents brought him to Louisville in 1748. Mr. Wickliffe was personally acquainted with Colonel Knox, who was a state Senator from Lincoln County at the time Knox County was created and who later married the widow of General Benjamin Logan and moved to Shelby County.

 Census records for 1800 of Knox County shows 1109 residents, 1044 whites, 3 free blacks, and 62 slaves. There were no towns. Settlers lived at Flat Lick, Cumberland Ford (Pineville), Hazel Patch, on the Cumberland, Rockcastle, and Laurel Rivers, on the Richlands, Lynn Camp, Robinson, Marsh, Watts, Poplar, Indian, Maple, Meadow, Yellow, Cannon, Straight, Greasy, Stinking, and Turkey Creeks. Several families lived in the vicinity of the salt works at the mouth of White's Branch on Goose Creek.

 Early settlers were from Virginia, North and South Carolina, Maryland and a small number from Pennsylvania, New Jersey, New York, and New England. A large majority came direct from southwest Virginia and North Carolina. Most of them stopped for brief periods of time in East Tennessee. They were chiefly of English descent. There were a lot of Irish, a few Scotch, Dutch, German, and French. Nearly all of them old enough, had been Indian fighters and Revolutionary War Veterans. Their descendants still live in southeastern Kentucky.
 
 

 At the house of John Logan Jr., on the 23rd day of June. One thousand, eight hundred and in the ninth year of the Commonwealth. It being the place appointed by an act of the General Assembly of Kentucky for holding the first court at and for Knox County.

 A commission of the peace from his Excellency James Garrard Esq., Governor of Kentucky, directed to James Mahan, George Brittain, John Reddick, John Ballinger and thereupon, pursuant to the said; commissions James Mahan a Gentleman, to administer the oaths of office and fidelity to George Brittain, John Reddick, John Ballinger and Joathan McNeil Esqurs. and then John Ballinger Esq. administered the oath of office and fidelity to James Mahan Esq.

 Alexander Goodin produced a commission from his Excellency James Garrard Esq., Governor of Kentucky, dated December 21, 1799, appointing him Sheriff of Knox county, which said commission was read and thereupon the said Alexander Goodin took the oath of office as the law directs.

 The sheriff then opened the first court for Knox County in the name of the Commonwealth.

 The court being thus constituted they proceed to elect a clerk and Richard Ballinger was appointed Clerk P.T. whereupon he took the oath of office prescribed by law, and he, together with George Brittain and John Ballinger (his securities), acknowledge their bonds unto the Governor in the penalty as the law directs.

 John Campbell produced a Commission from Caleb Wallace and George Muter, Judges of the Court of Appeals permitting him to practice as an attorney at law in any court of this Commonwealth which was read and thereupon the said John Campbell gentlemen took the oath of office as the law directs.

 Ordered that the county be laid off in four Constable districts, Vis: all that part of the county above Brownings Creek shall be considered as one district and known by the name of Number One. All that part below Brownings Creek and above Richland Creek shall be called Number Two. Between Richland Creek shall be called Number Three. Balance of the said county Number Four.

 Ordered that John Allsup be appointed Constable in the second district, John Allsup having taken the oath of office agreeable to law as Constable and he, together with John and Richard Ballinger, his securities, acknowledged their bonds to the Governor in the penalty of five hundred dollars as the law directs-

 Ordered that Isaac Cumstalk be appointed Constable in the third district, Isaac Cumstalk having taken the oath of office agreeable to law as Constable and he, together with Leonard Shoemaker and David Deweese, his securities, acknowledged their bonds to the Governor in the penalty of five hundred dollars as the law directs.
 
 

Ordered that court doth adjourn till tomorrow 9 o'clock at this place.

                                                       James Mahan

 At a court held for Knox County at the 'house of John Logan Jr., June 24, 1800. James Mahan, George Brittain, John Reddick, John Ballinger and Jonathan McNeil Esqrs.

 John Ballinger produced a Commission from his Excellency, James Garrard, Governor, appointing him Surveyer in said county. Having taken the oath prescribed by law he, together with Richard Ballinger, signr. and James Barbour, signr. acknowledged their bonds to the Governor as by law.

 Ordered that James Mahan, George Brittain and Jonathan McNeil be appointed and licensed by the court to solemnize the rites of Matrimony.

 James Mahan with Joel Collins, his security; George Brittain with John Ballinger, his security; Jonathan McNeil with Nimrod Farris, his security; all acknowledged their bonds to the Governor as the law directs.

 Ordered that Joel Collins, Alexander Goodin and Nimrod Farris be appointed processioners for this county.

 Joel Collins, Alexander Gooding and Nimrod Farris took the oath prescribed by law.

 Ordered that no man in this county be allowed to mark their stock with a half crop in the right ear and a swallow fork in the left except Jonathan McNeil.

 Ordered that no man in this county be allowed to mark their stock with a swallow fork in the right ear and a half crop in the left except John Reddick, Esq.

Ordered that fixing the Seat of Justice be postponed until next court.

Ordered that court doth adjourn until court in course at this place. James Mahan

 John Hudson was appointed constable in district number 1. Nathan Dickson was appointed a processioner.

                             FIRST TAVERN RATES
      Six shillings equals one dollar--three pence equals four and a half cents.
      For wine by the gallon or smaller quantity--6 shillings.
      For rum or French Brandy by the gallon or smaller quantity--6 shillings.
      Whiskey by the gallon or smaller quantity--12 shillings.
      Gin by the gallon or smaller quantity--24 shillings.
 
 

      Cordial by the gallon or smaller quantity--24 shillings.
      Brandy made of Peaches by the gallon or smaller quantity--16 shillings.
      For a warm dinner, supper or breakfast--1 shilling /6 pence.
      For a cold dinner, supper or breakfast--1 shilling.
      For a horse standing at hay or fodder for 12 hours--1 shilling /6 pence.
      Corn or oats by the bushel or smaller quantity--6 shillings
      Lodging per man for one night--6 pence.

      John Logan was appointed keeper of the stray pen.  He was ordered to
"finish off the southeast room of his house for the use of a jail."

      Ambrose Arthur was appointed and sworn in as the first deputy sheriff.

      At the house of John Logan Junior, on the twenty-fifth day of August and in the year of our Lord one thousand, eight hundred and in the ninth year of this Commonwealth of Kentucky, it being a place appointed by an act of this state for holding the first Court of Quarter Sessions at and for Knox County.

      John Logan Jr. and Joel Collins, present

      A commission of the peace directed to Richard Ballinger, John Logan Jr. and Joel Collins, from his Excellency, James Garrard, appointing them Justices of the Court of Quarter Sessions in and for the said county was produced, whereupon John Ballinger a justice of the peace then acting in and for the said county, administered the oaths of office and of fidelity to John Logan Jr. and Joel Collins, agreeable to the Constitution and laws of this state.

      The sheriff opened the first Court of Quarter Sessions for Knox County in the name of the Commonwealth.

      The court then proceeded to elect a clerk and Richard Ballinger was then appointed clerk pro tempore.

 Whereupon the said Richard Ballinger took the oath of office of fidelity as is directed by the Constitution and laws of this state.

 And the said Richard Ballinger, together with Joseph Johnson and John Cummins, his securities, acknowledged their bonds to the Governor in the penalty of one thousand pounds conditioned as the law directs.

 Thomas Montgomery, John Campbell and Martian D. Hardin, produced their licenses to practice as attorney at law in any courts of this Commonwealth, whereupon they took the oaths of office as directed by law.

 Ordered that Thomas Montgomery be appointed attorney for the Commonwealth of this county.
 
 

 Thomas Montgomery took the oath of office as attorney for the Commonwealth in this county as directed by law.

 On the motion of John Hudson by Thomas Montgomery, his attorney, it is ordered that the sheriff of this county do require bail of Pleasant Tucker in the sum of Seven pounds-four shilling in an action this day commended by the said John vs. the said Pleasant.

 A Grand Jury impaneled and sworn for the body of this county, to wit, John Cummins, forman of the Grand Jury, John Ballinger, Thomas Goodin, Joseph Johnson, James Culton, James Mahan, John Reddick, George Bunch, Nathan Dixon, John Dean, William Cox, Nathaniel Curtis, Alexander Stewart, James Hail and Thomas Sellers having received their charge were taken from the Bar to consider their presentments, etc.

 A recognizance was produced into court by James Mahan, a Justice of the Peace for said county wherein John Brown and Michael Shirley had bound themselves in the penalty of two hundred dollars conditioned for the appearance of John Shirley here this day, to abide by and perform the rules and orders of this court, and the said John Shirley, John Brown and Michael Shirley although solemnly called came not. Wherefore on the motion of the attorney for the Commonwealth it is ordered that the clerk do issue a shirefacias vs the said John Brown and Michael Shirley to appear here at our next court to show cause why their recognizance should not be forfeited.

 The Grand Jury returned into court and made the following presentments (to wit). The indictment, the commonwealth against George Rose for perjury, a true bill. Information by James Mahan, James Culton, John Ballinger and Thomas Goodin, all of the Grand Jury, and citizens of Knox County.

 An indictment vs. Christopher Hobbs, Ezekiel Hobbs, William Blanton, Hannah Hobbs, daughter of Vicent Hobbs, for a breach of peace, a true bill, information by John Hudson a citizen of Knox County and not of the Grand Jury. They having nothing further to present were discharged.

 At a court of quarter sessions holden for Knox County at the house of John Logan Jr., November 24, 1800.

      John Logan Jr. and Joel Collins present.

 The Commonwealth vs. George Rose on an indictment for perjury. A Nolle Posseque against the indictment.

 Archabald Mills produced a license to the court permitting him to practice as an attorney at law in any court of this Commonwealth which was read, and thereupon the said Archabald Mills, took the oath of office as by law is directed.

 A Grand Jury (to wit), Alexander Stewart forman, James Johnson, James
 
 

Hodges, Joseph Johnson, David Johnson, Ebenezer Ingram, Stephen Brindlee, Hugh Gaston, Leonard C. Shoemaker, Solomon Cox, John Cox, John Asher, Bruce Baker, James Culton, William Martin, John Thomas, Robert McWhorter and Stephen Taylor were sworn a jury of inquest for the body of this county, having received their charge they retired from the Bar to consider of their presentments.

 Chistopher Hobbs and others were found guilty by the following jury: John Laughlin, James Mahan, Thomas Dewees, Obediah Paine, Moses Brown, Ralph Platt, Eastnam Ballinger, John Brown, Joseph Heighley, James McWhorter, James Jenkins and John Alsup. They were fined thirty pounds and costs.

 The house of John Logan Jr., was a Big Richland Creek approximately one hundred yards above the present Callahan School House. It was on Shop Branch about the center of the present road up Big Richland Creek, "ferninst that willow stump," said an elderly lady of the neighborhood. It was on the Old State Road, and about as near the geographical center of early Knox County as roads and other connections would permit.

 Knox County, as first established, included what may well be said Southeastern Kentucky. In 1806 Clay County was formed from Madison, Knox and Floyd; in 1810 Rockcastle from Lincoln, Pulaski, Madison and Knox; in 1818 Whitley from Knox; in 1819 Harlan from Knox; in 1825 Laurel from Whitley, Rockcastle, Clay and Knox; in 1867 Josh Bell from Harlan and Knox. Many of the counties mentioned above had other counties formed from them, such as Perry from Clay and Floyd; Letcher from Perry and Harlan; Owsley from Clay; Estill, Breathitt and McCreary from Pulaski, Whitley and Wayne.

 When Knox County was first established there was but one main road, the Old State Road, referred to in another chapter. Other routes in use, as a rule, followed Indian trails and buffalo paths. The first road order reads:

 October 28, 1800. On the motion of George Brittain for to have a roadway viewed out from the top of Cumberland Mountain at Crank's Gap the nearest and
best way to intersect where the road crosses S'd river and Alexander Stewarts--and be it further ordered that Vincent Hobbs, John Asher, Samuel Howard, William Spurlock and George Brittain and the same are hereby appointed to view out s'd road and make a report to our next court.

                       Their report follows:

 Agreeable to an order of last court directing George Brittain, William
Spurlock, Samuel Howard, Vincent Hobbs and John Asher appointing them to view out a road way from Crank's Gap on the top of Cumberland Mountain to intersect the wilderness road between the Ford of Cumberland and Alexander Stewart whereupon three of the said Commissioners returned that they had viewed out a way to start from said Gap and to run on or near the old trace to the junction of the three forks of said river, thence crossing the Piney Mountain so as to fall on the head of Principole Branch of Strait Creek and down the said creek to the mouth. It is ordered that the above road be established. This road is in the present Bell and Harlan counties.
 
 

 The county court in 1800, and for many years thereafter, allowed out of the county levy, bounties for Wolf Scalps. John Akeman, William Pearl Sr., William Pearl Jr., James Hale, George Farris, Charles Gatliff, Jesse Pace, John Asher, Stephen Taylor, William Martin, Walter Burnis, Alexander Stewart, Jesse Cox, Joseph Johnson, William Thomas, Issiah Sallyers, Thomas and John Goodin were paid for killing wolves at the rate of 8 shillings for each grown wolf.

 Nimrod Farris, who had been appointed Commissioner of the Tax, by the county court of Lincoln, March 11, 1800 in such part of this county as will be included within the bounds of Knox County was engaged in taking the taxable property 57 days.

                         THE FIRST TAVERN KEEPERS

 The first tavern keepers were Thomas Johnson, at the Richland crossing of the state road, Nimrod Farris, at Thomases Old Station now in Laurel County, John Logan Jr., at White or Pleasant Plains, Richard Ballinger, at the Nineteen Mile Tree on the Wilderness Road, licensed September 22, 1800 and William Hogan, at Cumberland Ford and William White, at Mt. Pleasant, licensed October 22, 1800. These early tavern keepers were prominent and influential men. Many of them held responsible political positions.

 On September 22, 1800, John Eaton was appointed constable on District No.4

 The first deed between Thomas William and his wife, Jane Williams and Joseph Carey of Alexandria, Fairfax County, Virginia, Parties of the first part,
and James Barbour, of Garrard County, Kentucky, party of the second part, was recorded October 27, 1800. The tract conveyed five thousand acres and included the present site of Barbourville. The consideration was $4,000.00, current money of Virginia.

 To pay pole tax was called tything. In 1800 it was ordered that each male tythe and black female above the age of sixteen shall be taxed four shillings and six pence.

 October 28, 1800, Richard Ballinger made oath before the court that he had received three dollars and fifty cents, the tax on law processes, county seals, deeds, etc. during the year.

 Of the first justices of the peace James Mahan moved to what is now Whitley County, George Brittain, Harlan County, John Reddick, John Ballinger and John Logan Jr. were from now Knox County, Jonathan McNeil, from laurel County, and Joel Collins from near the present Clay County line.

 John Reddick and John Ballinger were appointed as judges for the elections for this county. Richard Ballinger was appointed clerk to the elections. They were the first election officers.
 
 

 On the last day of the county court for 1800 William Farris, John Ballinger, John Wood, James Johnson, George Brittain and Samuel hoard were appointed commissioners in this county for the dividing of lands agreeable to an act approved March 1, 1797.

 Before court adjourned Thomas Goodin, who with James Culton had been recommended to the governor as fit persons to fill the office of Coroner, was fined ten dollars for contempt to the court and that his body be taken to the jail of this county until he makes good the said fine. The fine was later suspended.

 At a Court of Examinations called and held at the court house in Barbourville in the County of Knox, on the 26th day of April 1805, for the examination of Robert Blakely, who stands charges with horse stealing. Present John Ruddick, Thomas Johnson and George W. Craig, Gentlemen Justices, being three of the five oldest.

 The said Robert Blakely was led to the bar in custody of the jailer, but before he was arrained the court quashed the warrant for want of form, and thereupon the prisoner was ordered to be liberated.

 Ordered that the Commonwealth do pay Joel Stoe, Robinson Stoe, Marvel Stoe, Jesse Cox, Joel Wakins, Terry Mullins and William McClelland for one days attendance, each 2 shillings and 1 pence, as witnesses vs. Robert Blakely. Ordered that Robert Blakely do pay William Wilson for one days attendance 2 shillings and I pence as a witness vs. Commonwealth.

Ordered that court be adjourned until court is course.

                                               (signed) John Ruddick

 On June 15, 1805, another court of Examination was convened for the trial of John Brown, who was charged with having stolen a bell and collar and buckle of the value of fifty cents, the property of Jesse Cox.

Brown was bound over to the circuit court.

 Agreeable to an act of the General Assembly of this Commonwealth, aforesaid, entitled an act to amend the several acts establishing circuit courts.

      The Honorable Jonathan McNeil and John Cummin produced a certificate from under the hand and seal of Alexander Stewart. In the words following, to wit, State of Kentucky of the state aforesaid, past in the year 1804 establishing a circuit court in the County of Knox County Jonathan McNeil and John Cummin who produced their
 
 

commissions as assistant judges for the oaths prescribed by law and the Constitution of the United States and Commonwealth of Kentucky. Given under my hand and seal this 1st April 1805.

                                              Alex Stewart (Seal)

 The same is ordered to be recorded and the first Circuit court was holden for Knox County at the Courthouse July 1, 1805.

 The Honorable Jonathan McNeil and John Cumin, assistant judges of the Circuit Court in the county as of present.

 The court proceeded to appoint a clerk and Richard Ballinger was appointed their clerk protem. Whereupon he had the oath prescribed by the Constitution of the United States and the Constitution of Kentucky and the laws of this state administered unto him and entered into bond with Alexander Stewart, Thomas Arthur, George W. Craig and Peter Engle, as his securities in the penalty of one thousand pounds and conditioned as the law directs and is ordered to be recorded, which if in the words following, to wit:

 Know all men by these present that we, Richard Ballinger, Alexander Stewart, Thomas Arthur, George W. Craig and Peter Engle, of Knox County and State of Kentucky are held and firmly bound unto his Excellency, Christopher Greenup, Governor of this Commonwealth for the time being and his successors in office in the just and full sum of one thousand pounds, good and lawful money of this Commonwealth to which payment will and truly be made we bind ourselves, our heirs, executors and administrators jointly and severally by these present, as witness our hand and seal this 1 July 1805.

Acknowledged in open court Jonathan McNeil.

Richard Ballinger, Alex Stewart, Thomas Arthur, George W. Craig, Peter Engle

 William Logan, Thomas Montogmery, Tunstall Quarles and George Walker, took the several oaths as counsels and attorney at law in the circuit court in this county prescribed by the Constitution and laws of this state.

 Thomas Montogamery is by the court appointed attorney for the Commonwealth in the circuit court of Knox County and had the several oaths of office administered unto him.

 A Grand Jury, to wit, John Bailey forman, Thomas Arthur, John Wood, Thomas Dicken, Thomas Begley, William Baker, Henry Colestone, David Deweese, Joseph Ryley, Elias Veach, Robert Lyon, Amos Veach, James Johnson, Walter Walker, John Coffee, Joseph Baker, Joseph Peace and Ezekiel Bledsoe were sworn a Grand Jury of Inquest the body of this county and having received their charge retired from the bar to consider of those things given them in charge, and after some time returned into the court having made the following indictment, the Commonwealth vs. John Brown, for felony, we of the jury find  a true bill, John Bailey forman of the Grand Jury, and having nothing futher
 
 
 
 
 
 

                                                                        22

to present were discharged.

              Commonwealth vs. John Gordon--for hog stealing.

 The defendant being called appeared in court and an the motion of the attorney for the Commonwealth it is ordered that John Gordon enter into bond, to be bound himself in fifty dollars and one security in fifty dollars more; whereupon the said John Gordon came into court and acknowledged himself justly indebted unto his Excellency, Christopher Greenup, Governor of this Commonwealth, in the sun of fifty dollars with this condition that if the said John Gordon do appear here on the 1st day of our next October term, and then and there abide by and perform the order and judgement of the said court, and not be void else to remain in full force and virtue.

                                                      mark
                                                 John E. Gordon
                                                      his
                                                  Thomas Begley

 The Commonwealth of Kentucky vs. John Brown. On an indictment the said John Brown, labourer was led to the bar in custody of the sheriff and being arrained of the offense of which he stands indicted, pleated not guilty, and for his trail put himself upon the county and the attorney for the Commonwealth, in the Knox Circuit likewise and thereupon came the juriors of a jury. To wit, Samuel Hibbert, George Bunch, Thomas Tuggle, William Anderson, Robert Boyd, Elijah Foley, Asack Elliott, John Laughlin, John Reece, William Logan, Joel Watkins and Daniel Alsup, who being elected, tried and sworn the truth of and upon the premises to speak and having heard the evidence retired to consider to their verdict,

Ordered that court be adjourned until Tuesday ten o'clock.

                                                      Jonathan McNeil

 The case against Gordon was finally dismissed. Brown was convicted and the jury found that he shall be imprisoned in the public penitentiary in Frankfort for one year. (for 50c)

 Judge Samuel McDowell held court April 7, 1806. He was the first regular circuit judge to hold court in Barbourville.

 Judge McDowell emigrated to Danville, Kentucky in 1784 with his wife, seven sons and two daughters from Rockbridge County, Virginia. He was one of the judges of the first Kentucky Court and president of the nine conventions which met at Danville between December 27, 1784 and July 26, 1790. He was also president of the convention, which framed the first Constitution of Kentucky. His son, Dr. Ephriam McDowell, was the first surgeon in the world to perform the operation for the removal of diseased ovaries.
 
 
 
 
 
 

                                                                        23

Dr. McDowell married Sallie Shelby, daughter of Governor Isaac Shelby.

                      FIRST COURT OF OYER AND TERMINER

 At a Court of Oyer and Terminer called and held at the courthouse in
Barbourville by the justices of the Knox County Court on, the 26th day of October 1805, for the trial of Silas (alias Watson Owens), a mulatto slave, the property of Henry Taulman, charged with breaking open the dwelling house of Julias Howard in the night time of the 21st of September last past, did burglariously and feloniously steal and carry away sundry goods and chattels of John Benneger and George Francisco both of the city of Baltimore, one coat of an olive colour, buttons lined with green baize, one blue superfine cloth coat, with gilt buttons and sundry other articles, and also on the night of the 23rd of said September last past did as aforesaid burglariously and feloniously break open the dwelling house of Patience Chestnut and did then and there steal and carry away three hundred and thirty-three dollars the right and property of the Patience and Benjamin, her son, also one pair of saddle bags, and sundry articles of clothing, at the same time and place and manner af'd did steal and carry away the sum of two hundred and thirty-nine dollars the right and property of John Sasley, of Wyth County, State of Virginia with other articles of clothing.

 Present John Reddick, John Ballinger, Thomas Johnson and Richardson Herndon, they being the four oldest Justices.

 The said Silas, a slave afs'd was led to the bar in custody of the jailer for burglary and thereupon arrained and on his arraignment pleated not guilty, and for his trial put himself upon God and his country, whereupon came a jury. To wit, John Neil, George Bunch, James Mahan, James Johnson, Henry Woodson, Robert Lyons, Robert McWhorter and William Baker who being elected, meet and sworn in, and upon the premises to speak, and having heard the evidence, upon their oaths do say, we of the jury find the prisoner guilty of the burglary before mentioned in manner and form as against hath been alledged, and thereupon he is remanded to jail. The prisoner again being led to the bar to receive his sentence and it being again demanded of him what he has to say, why the court should not proceed to give judgement and cause execution according to law, whereupon he saith that he hath nothing more to say than what he had said before, wherefore it is ordered by the court that on the twenty seventh day of November, being on Wednesday, that the said Silas be taken from the jail of this county between the hours of one and two in the evening to the lower end of Captain Richardson Herndon's Race Ground and there hung by the neck until he is dead, and that the sheriff of this county cause execution there of accordingly.

 Therefore it is the further opinion of the said Court that the said Negro man Silas is worth one hundred pounds.

 Courts of Oyer and Terminer were held for the trial of slaves, arrested for criminal acts and their offenses. This court was abolished when circuit courts were established. Under the law upon the execution of a slave his owner was reimbursed for his loss.
 
 
 
 
 

                                                                        24
 

 This first hanging took place about one mile and a half above Barbourville near U.S. 25E. The hill about a half mile above the entrance to the Barbourville Cemetery is called Race Track Hill by old timers now.

                                  ROADS

 Bufflers, injins and injineers were the first road makers, according to an early Kentuckian. That this was true is attested by the statement of explorers, trail blazers and pioneer surveyors.

 Christopher Gist, Dr. Thomas Walker, Daniel Boone and many other refer to buffalo roads and indian trails in Kentucky.

 Baffalo roads were broad and as a rule, followed the ridges rather than the streams. The roads opened by these animals in their progress through the woods may be reckoned among the natural curiosities of the state, being generally wide enough for a carriage or wagon, in which the trees and shrubs are all trampled and destroyed by the irrestible impetus of the night phalanx. These roads were sure to lead to a salt lick.

 There were many buffalo roads in Knox County. In 1813 a Knox Circuit Court order reads: "Andrew Evans enters 200 acres of land by virtue of a Knox Circuit Court Certificate No. 99, lying on Popular Creek to begin at a sweet gum hickory on the west bank of the said creek near the Old Buffalo Ford. The chief importance of the buffalo roads was one, which left the Cumberland River near Flat Lick, Knox County, ran along the broad divides between the Laurel and Rockcastle Rivers. Crossed the Rockcastle to Brick's River passed through Crab Orchard Gap.

 The indian trails were much narrower than the buffalo roads. They are classified as hunting, war, protage and trade routes. These paths through the wilderness kept to the water courses, and traveled by the indians in single file. According to the desposition of Simon Kenton, June 5, 1824, quoted by Collins, "war roads were distinguished by the marks and blazes upon them, frequently the rough drawing of wild animals, the sun or the moon, and by their being leading roads, going from one distant point to another."

 The first white man to ever set foot in Knox County and Kentucky. Was Gabriel Arthur, 1674, visited the Cherokees and accompany a war party to a Shawnee Village at the mouth of the Scioto River on the Ohio. In a brisk engagement, he was wounded and taken prisoner by the Shawnees. His captors treated him well and let him go.

 Indian trails were many in Knox County. Nearly every stream of any size had a well defined path. In 1803 a Knox County Court reads; Robert Stinson assee of Mary Scaggs, enters 90 acres of land by virtue of a Knox County Court Certificate No. 103,
 
 
 
 
 
 

                                                                        25

lying on the waters of Lynn Camp Creek, beginning at a double oak near the old indian trace--.

                            THE WARRIORS PATH

 Early maps of Kentucky, such as the Powell-Evans 1755-76, Filson's 1784, and Imlay's 1793, valuable relics, they may be but they are very inaccurate and misleading. Some Kentucky Historians relying on these maps have been led astray in locating the Warrior's Path.

 In surveying a Virginia land patent Morgan Culton, well known mountain surveyor, found that the Warrior's Path, mentioned in the patent, entered the present Knox County through the gap between the head waters of Otter Creek and Road Fork of Stinking Creek. Otter Creek is a branch of Goose, which is a fork of Kentucky River. Where the waters divide is called in the patent War Gap. The Path continues down Road Fork to main Stinking Creek, down it and around a low hill to Old Flat Lick, from there to Cumberland River about two miles down the same, from the mouth of Greasy (Buffalo) Creek, and up the river to Cumberland Ford (Pineville). Over the ford (at the foot of Laurel Street) the Path continued through a gorge (the narrows) in Pine Mountain cross-country to Yellow Creek, and up the Yellow Creek to Cumberland Gap.

 The act erecting Clay County reads, in part, as follows: "--thence along the dividing ridge between the waters of Cumberland and Kentucky to a point from which by running due east will pass by Collin's fork of Goose Creek, midway between Outlaw's salt works and Peter Hammonds'; thence a course to strike the ridge between Cumberland and Kentucky at War Gap."

 There is a water divide between Collin's Fork of Goose Creek and Little Richland. The War Gap was on the Warrior's Path, east of Collin's Fork and Big Richland is west of Little Richland. Obviously the Warrior's Path could not have led down either of the two Richlands.

 Before roads had been made by white men, Road Fork of Stinking Creek was known as Trace Fork. It is called that in early deeds. The fork received its name because of the Warrior's Path and for no other reason.

 A Knox County road order dated August 2, 1802, reads as follows: "Beginning at the State Road near the house of Thomas Goodin, leaving the house and plantation of the said Goodin on the right hand, thence nearly along the now Trace up Stinking, leaving the house and plantation now occupied by John Moore on the left hand, still keeping along the present trace, leaving the house and plantation whereon John Baker now lives on the right hand, still continueing nearly along said trace to the head branch of the left hand fork of Stinking Creek to the top of the ridge dividing the waters of Stinking Creek from the waters of Goose Creek."

 The Warrior's Path led south from Limestone (Maysville) almost a direct route to
 
 
 
 
 
 

                                                                        26

Cumberland Ford, across Clear Creek, and up Yellow Creek to Cumberland Gap. Northern tribes of indians made the trail, and it was much traveled by them. Later it was used by pioneers and settlers, as were its branches down Straight Creek and elsewhere.

      During the Civil War, the old branch of the Warrior's Path leading north and south from Pineville, crossing the Ohio to the mouth of the Scioto was used. Civil War records state: "General Morgan, in command of the Federal Troops, retreating from the Southern Forces under General Smith, marched his men through Pineville, Bell County; Manchester, Clay County; Proctor, Lee County; Campton, Wolf County; Grayson, Carter County; to Greenupsburg on the Ohio."

                      BOONE TRACE (OLD WILDERNESS ROAD)

 In 1775 Daniel Boone was employed by Richard Henderson, of the Transylvania Company, to mark out a road from the settlements of the Watauga through the wilderness to Kentucky. The Transylvania Company had purchased the lands claimed by the Cherokees in Kentucky and Tennessee, March 17, 1775, by the Treaty of Watauga.

 Again early maps and failure to investigate Knox County records, have led historians astray. It can be stated authoritatively that the Boon Trace did not go up the middle fork of Richland Creek, and that it crossed Raccoon Creek in now Laurel County.

 The following order, deed and affidavits recorded in the Knox County Court
Clerk's office are quoted to show the exact route.

 "February 1, 1802. We, Jacob Grindstaff, Robert McWhorter and George Bunch have viewed the road from the town of Barbourville to intersect the State Road and think it the nearest and best way to cross Little Richland below the cow ford, to go by said McWhorter's, to cross at the ford on Big Richland, AND SO ALONG THE OLD TRACE, and to recross Big Richland at Logan's Ford, AND TO FOLLOW THE TRACE, up to Logan's old place as near as the ground will admit of."

 This proves conclusively, when supported by the calls in a deed from Jacob Myers to Joel Collins, the younger, dated July 12, 1795, and recorded in the office of the County Court Clerk of Lincoln County, which located the Trace that LEADS FROM THE KENTUCKY TO THE SETTLEMENT OF HOLSTON on the west side of Big Richland; between the mouth of Little Richland and the bend at Bailey's (Logan's Ford) there Boone went up the west side of Big Richland Creek.

 It must be noted that the Road order, quoted above, is rather misleading to one unfamiliar with the names used by early Knox County lawyers and surveyors to describe the Boone Trace. When the names OLD TRACE and OLD WILDERNESS ROAD were used in an instrument the Boone Trace was almost invariably the route referred to. On the contrary, when just TRACE was used, it generally meant another route, unless applied to water courses. However, if trace was used in a deed prior to the opening of the Old State Road to traffic in 1796, and the road referred to parallel the approximate
 
 
 
 
 

                                                                        27

route of Boone, then his trace (the Old Trace) is meant. This is also true as to the use of Old route called the Wilderness Road. It must be remembered the Old State Road was called the Wilderness Road.

     In 1805 John Ballinger and James Johnson, Commissioners, deeded to William Barlow a tract of land bounded as follows:

 "Beginning at a White Oak and Black Oak Trees, thence N. 48 degrees, W. 180 poles to a main fork of Richland Creek and the Old Wilderness Road, in all 702 poles to a black gum, dogwood and hickory on the top of the ridge, thence S. 42 degrees, W. 90 poles to the middle fork of Richland, 215 poles to another fork, 450 poles to The Old Wilderness Road and another fork of said creek."

 Modern map makers show the main fork of Richland, mentioned above, as the Middle Fork, which is erroneous. Middle Fork was only a branch of the Main Fork, which heads up at Gillum Hill and flows into Big Richland at Bailey's. The Middle Fork flows into the Main Fork just above Campbell's store and filling station on U.S. 25E. Present day map makers have erred in thinking old timers would call the west fork of a stream the middle fork, one prong of which heads up near Knox's Fork, and the other near Lynn Camp waters. Certainly John Ballinger, first Knox County Surveyor and a deputy surveyor of Lincoln County before Knox was established would have known the proper names to apply to the different branches. As he names the streams in the deed, cited above, the Middle Fork is the middle. There are branches on either side of it. Whether this be
true or not, Boone did not go north around Gillum Hill. He went over Tunnel Hill.

 The tract conveyed by Ballinger and Johnson includes parts of surveys and entries to James Barbour and Doctor Derosal, 1787, Nehemiah Rossel to Joseph Denny, 1793, Nehemiah Rossel to George Marshall, 1795-96 and others. The dates of the transfers were before the Old State Road was first opened to traffic in 1795. Thus it can be determined Boone Trace is the route meant in the said deed. To show that the Boone Trace is the route mentioned in the last deed, quoted above, the following assignment is cited:

 "I do hereby assign all my right and title of an equal 1000 acres of land unto George Marshall, being an equal 1000 acres of land and water out of an entry of 800, entry being and lying on the waters of Cumberland River above the TRACE that I bought of James Barbour. In witness whereof I have hereunto set my hand the 20th day of April, 1795.

                           Test Stephen Rossel (Signed) Nehemiah Rossell

 Therefore, the Boone Trace continued on the west side of the main fork to Tunnel Hill Fork, which is the fork described as "450 poles to the Old Wilderness Road and another fork of said creek." The fork described as "215 poles to another fork" is the Owens Branch. The distances mentioned are correct when the deed is plated, or super-imposed on an accurate map of Knox County, Tunnel Hill Fork heads up at the L.& N.
 
 
 
 
 
 

                                                                        28

Railroad tunnel hill, sometimes called Emanuel Hill.

 Boone continued up Tunnel Hill Fork and over a water divide to about one quarter of a mile from Rossland, from thence to the Corbin-Barbourville Pike and across at a distance of about one mile from the top of Gillum Hill and the head waters of Lynn Camp Creek (besides Parker's Store) and from thence over the head waters of Lynn Camp Creek via Sam Black's and north of Grays to the Laurel County Line.

 In 1844 Parks D. Brittain bought from William Hays and others a tract of land north of Grays and on the waters of Lynn Camp Creek, bounded as follows: "Beginning at the back line of the Gillespie Patent of 4,064 acres near to the Scofield house at the distance of from 60 to 100 yards on the south or southeast side thereof on a white oak marked by us as supposed to be in daid line, thence along a marked line to a spotted oak on the side of the OLD TRACE about 200 yards northwest of my cleared land.",--

 Bishop Asbury of the Methodist Episcopal Church, wrote of a trip made in 1793, "we fed on the banks of Cumberland River, and kept up the head of Richlands." Undoubtedly, he refers to Big and Little Richlands. The Main Fork is a mere drain compared to either of the other two streams. It has always been known as a fork, not as a creek, whereas the other two have, from the earliest time, been known by their present names. And it must be noted that the Middle Fork was called for in the deed from John Ballinger and James Johnson, Commissioners, to William Harlow and no mention was made of either the Boone Trace or Old State Road.

 However, Bishop Asbury apparently left the Boone Trace at Beech Hill, went up and over the head waters of Little Richland and Goose Creeks to a gap, through it and down Shop Branch to Big Richland, using what was to be later known as the Old State Road cutoff and up Knox's Fork into Laurel County. Just when this change in the original route was made is not known. That it was made seems fairly certain. And the Bishop kept up the head of Richlands by using it. A short cut, it lessened the distance approximately ten miles, and elderly people living along the changed route are honest in believing it the Boone Trace.

 Most of the early explorers, travelers and settlers, who left records, write confusingly about Richland Creek. Even our county orders are not clear. In 1807, laying off Constable Precincts, the following appears: "For Samuel Preset's bounds, as follows, to with, beginning at Boone's old camp on Richland Creek, and running up the said creek so as to include all the settlers on said creeks, and all settlements to be made hereafter on said creeks."

 Certainly pioneers knew the two creeks by separate names, but for brevity used the name in its singular form.

 Just where Boone's old camp on Richland Creek was is problematical. The Old Trace
 
 
 
 
 
 

                                                                        29

first strikes Richland waters at the top of the water divide between Trance Branch of Fighting Creek and Trace Branch of Little Richland Creek. At that point there is not a suitable place for a camp. There are no fit places at its mouth near Beech Hill. In times of high water the lowlands around the hill are flooded for miles. The first places which, it seem, would have appealed to a pioneer surveyor and Indian fighter like Boone is the law hill above Camp Countesy, near the junction of U.S. 25E and Barbourville road. Such a strategic point would have commanded the approaches up both streams, rendering surprise attacks by Indians almost impossible.

Relative to the Boone Trace crossing Raccoon Creek in now Laurel County, John Farris and John Arthur, in an apparent attempt to establish a land boundary, made the following affidavits, dated November 29, 1813:

 John Farris, of lawful age, being duly sworn, deposeth and saith that as early as the year 1781, and ever since, he has been well acquainted with Raccoon Creek, on which Edward Cathers lives, from whose house we have just proceeded, that the Old Wilderness Trace formerly crossed said creek, and that it has been ever since he knew it a creek well known, and so far as his knowledge extends, was universally called Raccoon Creek; this deponent further says that he has been, during the said length of time well acquainted with Rockcastle into which Raccoon Creek empties, that this stream. was also well known and universally called, to the best of his knowledge, by the name of Rockcastle.

                                                 (signed) John Farris

 John Arthur, being first duly sworn, deposeth and saith that his acquaintance with Raccoon Creek, on which Edward Cathers lives, and Rockcastle into which said creek empties, commenced as early as the year 1771, and that as to his impressions as to those streams having been well known as Raccoon Creek and Rockcastle is the same as that of John Farris, whose deposition he has heard read, with this difference, that he has been longer acquainted with those streams than said Farris, as before stated, this deponent further says as to his knowledge the Wilderness Trace crossing from Cumberland Gap to the Crab Orchard crossed both those stream as early as 1779.

                                                 (signed) John Arthur

 If the road from Cumberland Gap to Crab Orchard crossed Raccoon Creek the Boone Trace did also. The two routes diverged at Hazel Patch, Laurel County-

 The trace marked by Boone led from the Watauga River in east Tennessee (Sycamore Shoals, Carter County) by way of Long Island to Moccasin Gap near Gate City, where it met the Big Road from Philadelphia and Richmond, extended along the old trail to Powell Valley, through which it passed to Cumberland Gap. From here Boone followed the Warrior's Path across the ford of the Cumberland, just below Pineville Gap, and down the Cumberland to Flat Lick. At this place he left the main trail and took the old Buffalo Trace, which led cross country to the Hazel Patch near Rockcastle River, and then continued up Roundstone Creek to a gap in Big Hill (Boone's Gap, two miles
 
 
 
 
 
 

                                                                       30

southeast of Berea) and on to Otter Creek and the Kentucky River, where Fort Boonesborough was built, near what is now Ford in Madison County.

 Daniel Boone entered Kentucky through Cumberland Gap, and traveled a N. 81 W. course, crossing Little Yellow Creek twice, to Big Yellow Creek and across; thence to and over Little and Big Log Mountains, across Clear Creek to Cumberland Ford; then down the river to Flat Lick (from Cumberland Gap to Old Flat Lick he followed the Warrior's Path), leaving the Warrior's Path around Culton Hill to the present U.S. 25E at Evergreen; thence with said road generally to Trace Branch of Fighting Creek; thence up the same and over the water divide to Trace Branch of Little Richland Creek; thence down the same and Little Richland Creek to Heidrick and across; thence to the present road near the junction of the Barbourville road on the north side; thence with the same to the old ford of Big Richland Creek north of the rock dwelling of Walter Evans and across; thence up Big Richland Creek, past Bailey's (Logan's old fort) to the mouth of the Main Fork; thence up the Main Fork to the mouth of Tunnel Hill Fork; thence up said fork and over a water divide to about one-quarter of a mile south of Rossland; thence to and across the road at Parker's store, about one mile from the top of Gillum Hill and the headwaters of Lynn Camp Creek; from thence via Sam Black's home and north of Grays to the present Laurel County Line, from thence north westwardly, past the home of Dan F. Westerfield, near and south of the present Fletcher Post Office, through the farm of Campbell Smith, south of Camp Ground to and past Raccoon Spring, on the farm of Hugh Elliott (deeds on record in the Laurel County Courthouse definitely identity the spring on the Elliott farm as Raccoon Spring, from Anna Black to Hugh Elliott--J.K. Lewis to Anna Black--others) from thence north westwardly across Little Laurel River to the London Courthouse, thence northeast in the vicinity of the old Bill Lovelace farm through the land recently owned by Elmer Hale to the top of the hill; thence down McFarland Branch (site of McFarland's defeat) to Big Raccoon Creek and northwest to Little Raccoon about the Feltner farm, by Mt. Pleasent, and across country to the headwaters of Parker's Creek, and down the same to the Rockcastle River and across.

 George Disney, 84 years old and George Owens, 75 years old (1938) remember seeing trees along Boone's route, which they were told were blazed by him and members of his party.

 Various names have been applied to the Boone Trace. In Claiborne County Tennessee, deeds, it is called the Kentucky Path. Colonel Arthur Campbell, called the "father of Washington County", writes of it that way. In Lincoln County, Kentucky deeds, it is referred to as "Trace leading from Kentucky to the Blockhouse" (the blockhouse was located near Big Moccasin Gap just across the Virginia line in Tennessee) and "trace that leads from Kentucky through the Wilderness to the Settlement of Holston". Knox County surveyors and lawyers called it the "Old Wilderness Road!' and the "Old Trace'.
 
 
 
 
 
 

                                                                        31

                             THE OLD STATE ROAD

 As early as 1779 Virginia authorities felt need of a road instead of a trace, to the Kentucky settlements. In that year two commissioners were appointed to locate a road through Cumberland Gap. They reported the advantages to be derived from making a good wagon road. The project was commenced and completed in 1781. Whether it was a good wagon road or not is the question.

 Guards had to be employed to protect workers from the Indians. By act of the General Assembly of Virginia, November 27, 1790, Mercer, Lincoln and Madison Counties were empowered to give aid to guard companies. These counties were to furnish thirty men each during the months of October and November. Officers received six shillings per day, while privates were paid four shillings per day. Certificates for these amounts were given, and some were not redeemed until after Kentucky became a state.

 Before the State Road was established by Kentucky, an effort had been made to improve the Old Wilderness Road by private enterprizes. Colonels John Logan and James Knox acted as commissioners. In 1792 men worked the road for Twenty-
two days. They received two shilling per day. Guards continued to be kept on the road during this time and afterwards. As late as November 16, 1799, there were two companies of troops from Lincoln County guarding the road. These troops were kept at the stations erected in the wilderness.

 Governor Shelby, November 6, 1793, in an address to the legislature, stated that he had been authorized by the President of the United States to establish two blockhouses on the Wilderness Road leading to the Holston Settlements, provided they could be garrisoned by militia, to be continued in service not longer than six months and who would be entitled to the considered, the rendering of this road safe so important to the State as to make the establishment of these posts a serviceable object, but has found it very difficult to establish and relive the garrisons with militia under the existing militia law, and almost impractical to procurement to engage in such service voluntarily for the pay and rations allowed the United States Troops. He therefore had appointed two officers to enlist the number of men necessary for such service, for the term of six months, giving up his opinion that volunteers would be allowed by the State Militia into the service of the United States Troops. He recommended the payment of same because the importance of the service rendered. It a savings as compared to calling out the militia, and owing to the impracticability of keeping up the posts with militia. An act of December 19, 1793, granted the additional pay to those men whom the Governor had deemed to expedient to enlist with expectation of the allowance, and also authorized the Governor to enlist any number of men, not exceeding thirty, to serve for not more than one year from the end of the Legislature then in session.

 In 1793 Hood had a station at Hazel Patch, mentioned by Bishop Asbury, by 1795 there were two, and possibly three, other stations; Moddrell's between the Rockcastle and Laurel Rivers, probably Wood's Blockhouse; Thomases, on a branch of the laurel River and Middleton's, not between Turkey and Little Richland
 
 
 
 
 

                                                                        32

Creeks, but between Turkey Creek and Stinking Creek at Woodson's. To show the exact location of Middleton's Blockhouse the following deed from George Smith of Jessamine County, Kentucky to Wade N. Woodson of Cumberland County, Virginia is cited. The description of the tract of land conveyed reading as follows:

 (May 2, 1805) Beginning at a red oak, hickory and ash standing on the side of a hill 200 poles east of Stinking Creek where a north line from. the road crosses said creek at the distance of two miles; thence west 200 poles to the creek, 760 poles to the road near Middleton's Station, 840 poles to Turkey Creek---

 Thomases Station was called old by Knox County authorities in 1800, when Nimrod Farris was granted a tavern license by the county court.

 The State Road was established by act of the General Assembly in November 1795. Governor Shelby had recommended it. Two thousand pounds was appropriated to build a wagon road thirty feet wide from Crab Orchard to Cumberland Gap.

It was understood that the Old Trace was to be enlarged and improved. Upon proposals being advertised for, the original trail blazer, Daniel Boone wrote Governor Shelby a letter, as follows:

feburey the 11th 1796

Sir,
 After my Rest respts to your Excelancy and famyly I wish to inform you that I have sum intention of undertaking this New Roade that is to be cut through the Wilderness and I thank My Self initeled to the ofer of the bisness as I first Marked out that Rode in March 1775 and Never re'd anything for my trubel and sepose I am no Statesman I am a Woodsman and think My Self as Capable of Marking and Cutting that Roade as any other man Sir is you think with Me I would thank you to wright me a Line by the post the first oportuneaty and he will Lodge it at Mr. John Miler son Hinkston fork as I wish to know Where and When it is to be Last So that I may attend at the time I am Deer Sir your very omble servent.

                                                (signed) Daniel Boone

To his Excelancy governor Shelby

      Boone did not receive the business.

 The new road was opened to traffic in 1796. It followed the direction of the Boone Trace, but by taking a more direct route, lessioned the distance between Crab Orchard and Cumberland Gap.

 The line of the old road between London and Flat Lick extended via the Laurel River, Lick Creek and Knox Fork of Richland Creek into the valley of the Richland. Then the course, known as the old State Road cutoff, with a grade of seventy-nine feet per mile
 
 
 
 
 

                                                                        33

for six thousand, one hundred feet, ascended to a path in the Kentucky Ridge and descended with a grade of sixty-six feet per mile for six thousand, four hundred feet into the valley of Collin's Fork. It passed over a low ridge into the valley of Little Richland Creek, which it followed for three miles, crossing a low ridge into the fighting Creek Valley, which it traversed for two miles. Crossing Turkey Creek and Stinking Creek to Flat Lick, it continued via the right bank of the Cumberland River to the crossing near Pineville and on through Pineville Narrows (3000 feet) via Patterson's Branch to Cumberland Gap.

         In 1814, the following distances were given:

Crab Orchard to Hazel Path . . . . . . . . . . . . . . 26 miles
To Riceton . . . . . . . . . . . . . . . . . . . . . . . . . . . .   8 miles
Raccoon Spring . . . . . . . . . . . . . . . . . . . . . . . . 10 miles
Middleston's . . . . . . . . . . . . . . . . . . . . . . . . . . 16 miles
Flat Lick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 miles
Cumberland River . . . . . . . . . . . . . . . . . . . . . 11 miles
Cumberland Gap . . . . . . . . . . . . . . . . . . . . . .  13 miles

The above description is accurate and due to the sinuously of the road the distances may be correct.

Numerous changes were made in the original route throughout its entire course. The same authorities, quoted above, are again cited to show the route after such changes;

 The new line, noted in 1822, was identical as far as Richland Creek, but it passed down that stream into Barbourville and continued along the right bank of the Cumberland River, which it abandoned after crossing Fighting and Stinking Creeks, and passed along the cut off bend to Flat Lick.

 Another and far more important change was made, which the following Knox County order, dated February 22, 1864:

 In pursuance of an act of Assembly, passed 25th day of January 1864, giving to the County Court the right to sectionize the Turnpike and Wilderness Road in Knox County, and to appoint overseers to work the same, it is ordered that H.B. Campbell be, and he is hereby appointed, overseer of that portion of the road commencing at Cumberland Gap to the Widow Davison's, known as Section No. 1, and also that Wm. H. Baughman, be and he is hereby appointed, overseer of that portion of road from the Widow Davison's to the foot of Log Mountain above Mrs. Moor's house, as Section No. 2, and that Rufus M. Moss be, and he is hereby appointed, overseer of that portion of road from the foot of Log Mountain as Section No. 3 also that G. Hendrickson be, and he is hereby appointed, overseer of that portion of road from Cumberland River to Spencer Ball's, known as Section No. 4, also that James Ingrum. be, and he is hereby appointed, overseer of that portion of the road from Spencer Ball's to the forks of the road at A. Hunter's known as Section No. 5, and that Anthony Hinkle be, and he is hereby appointed overseer of that portion of road from the fork at Hunter's to Uriah  Smith's
 
 
 
 
 

                                                                        34

known as Section No. 6, and that Uriah Smith be, and he is appointed, overseer of the road from said Smith's to Barbourville Court House, known as Section No. 7, and that L.G. Dickinson be appointed overseer from the Court House to the top of the ridge the other side of Arch Brittain's, known as Section No. 8, and that Elijah Trosper be, and he is hereby appointed overseer of that portion known as Section No. 9, and that Alex Cole be and he is hereby appointed, overseer of that portion of road from Brafford's to the County Line, known as Section No. 10.

 The above change in the old route was made effective in 1839. The road passed to the north of Grays, and over the waters of Lynn Camp Creek. Most of the traffic through Barbourville continued over this route until the Louisville and Nashville Railroad Company built a line to Woodbine in 1883.

In 1861 a local change was ordered ratified and confirmed as follows:

 On motion of the commissioners an the Wilderness Turnpike Road, satisfactory proof having been made that it is difficult and expensive to keep a bridge across Clear Creek where the said road crosses said stream and that with very little expense the road could be so changed as to avoid said bridge and have a shallow ford across said stream, and that said change could be beneficial to the traveling publick, and Rufus Moss, the present occupant and owner of the land, having given his consent and having bound himself to be responsible for all damages to all the other owners of said land and the said change having been made, as follows: leaving the State Road at the foot of the bluff on the south side of Clear Creek near the old bridge, running thence up said creek about one hundred yards to a shallow ford in the bend of the creek, running thence along a ridge to the foot of the Pine Mountain, and running thence with the foot of said mountain to the State Road.

 It must not be thought, however, that the original route was abandoned. A Knox County Court order, dated April 25, 1864, reads as follows:

 Ordered that Elisha Howard be, and he is hereby appointed, overseer of the Old State Road from the fork of the toll gate to the top of the Paint Hill, Section No. 1, and that Isaac Hawn be and he is hereby appointed, overseer of the Old Road from the top of Paint Hill to the bridge on Little Richland Creek, being Section No. 2, and the F.G. Burnett be, and he is hereby appointed, overseer on that portion of the Old State Road from. Richland Bridge at Section No. 2 to the bridge over Big Richland Section No. 3, also that William Gilbert be appointed overseer of that portion of the Old State Road from the bridge on Big Richland to the County of Laurel Line.

 The Paint Hill referred to must not be confused with the Paint Hill on the Barbourville road at the head of Smoky Creek. This Paint Hill is the one on which Ewing Callahan now lives between Barbourville and Baughman. Between 1793 and 1800, when guards were stationed at Middleton's, the hill received its name.
 
 
 
 
 
 

                                                                        35

Renegade whites, painted like Indians often held up and robbed travelers on the sides of the hill. Thus it became known as the Painted Hill, later shortened to Paint Hill. The house now occupied by Mr. Callahan is only a part of the original, which was operated first as a tavern by David Johnson in 1807.

 During the Civil War in 1862, the county court complained of the damages to the Old State Road made by Federal Forces as follows:

 It appearing to the satisfaction of the Knox County Court that the Government wagons have greatly injured and nearly destroyed the Wilderness Turnpike Road running from Cumberland Gap to John Pitman's, as well as the bridges on said road; that said road is a State Road; that there is a toll gate on said road established by law and that none of the Government employers have paid toll on said road. It is ordered that the Clerk of this Court certify those facts to the Senators and Representatives in Congress from this state request of them to urge immediately the passage of an act making an appropriation of twenty thousand dollars for the benefit of said road, not as an internal improvement measure, but as a matter of justice.

There is one remarkable fact about the management of the Old State Road. Although, several miles of the road were within the limits of Harlan County, from its establishment in 1819 until 1867, date of the erection of Bell County and toll gates were later built across the road in Bell County, and that portion of the road from the Knox Line to John Pitman's was in Laurel County, the Knox County Court continued to control and manage it.

To show the location of the road during this time, above mentioned, the following report of commissioners was submitted to the Knox County Court:

 In pursuance of an act of the General Assembly of the Commonwealth of Kentucky, approved December 16, 1823, to run the dividing line between the Counties of Knox and Harlan, the undersigned met at Cumberland Gap on the 19th day of July 1824, and after ascertaining the course of said line agreeably to said act we proceeded from the mouth of Straight Creek, thence S. 15 W. 320 poles on the clift opposite from the Turnpike Gate, 474 poles crossing Clear Creek, 812 poles crossing the road leading up Clear Creek, 2720 poles crossing the Dick Fork of Yellow Creek, 3520 poles crossing Beam Fork of Yellow Creek, thence over the Fork Ridge, a spur of Black Mingo Mountain, passing a point five miles west of Cumberland Gap, 4200 poles to Bemett's Fork of Yellow Creek, in all 4300 poles to five hickories, two lynns, three buckeyes, a poplar, a black and a white walnut trees standing on the north side of Black Mingo Mountain on the State Line between Kentucky and Tennessee. This 29th July 1824

                                             (signed)George W. Craig
                                                Benjamin Tuggle
                                                Commissioners

                                  TOLLS
 
 
 
 
 
 

                                                                        36

 An act, passed by the General Assembly March 1, 1797, provided for the erection of a turnpike gate, or toll gate. The gate was erected in 1798 in the Narrows above Cumberland Ford on the Pineville side of the Narrows at the present bridge across Cumberland River, and was the only one until 1830.

                        Tolls were as follows:

All persons except post riders, express, women, and children
under ten years . . . . . . . . . . . . . . . . . . . . . 9 pence
Horse, mule or mare . . . . . . . . . . . . . . . . . 9 pence
Carriage with two wheels. . . . . . . . . . . . .  3 shillings
Carriage with four wheels . . . . . . . . . . . .  6 shillings
Head of meat cattle going eastward. . . . . 3 pence

 Six shillings made one dollar and three pence made four and one-half cents.

     Robert Craig was the first toll gate keeper, in the place of John Thurman who had refused to serve. His duties were to keep the road in repair, make bridges and etc. All the profit was to be given to him. On wheel carriages the toll was reduced one-half in 1798 and the toll gate was farmed out to the highest bidder for one year only.

 In 1799 the Governor was enpowered to lease for any term of years, not to exceed five, the gate to the highest bidder. The successful bidder had to furnish $500.00 bond.

 December 20, 1802, the Governor authorized to appoint a commissioner of the Wilderness Road. The one so appointed was to receive two dollars per day for the time he actually worked. The gate keeper, also appointed by the Governor, was to receive two hundred dollars per year.

        Toll rates at this time had been changed, as follows:

Each wheel per carriage . . . . . . . . . . . . . . . 12 1/2 cents
Each person above ten years . . . . . . . . . . . . 6 cents; 2 1/2 miles.
Each horse or beast . . . . . . . . . . . . . . . . . . .  6 cents; 2 1/2 miles.
Each head of meat cattle. . . . . . . . . . . . . . . . 3 cents
Each hog or sheep . . . . . . . . . . . . . . . . . . . .  1 cent

 The General Assembly, December 19, 1804, divided up the road. The Knox County Court was given supervision of the part of the road from the Forty Mile Tree to Cumberland Gap. The commissioner, appointed by the court, was to receive three fifths of the total gate receipts after Madison County's share had been deducted.

 John Alsup Jr. was appointed the first commissioner of the turnpike road leading from the top of Cumberland Gap to the Forty Mile Tree an the State Road by the Knox County Court in 1804. It was ordered that he receive for his services nine shillings
 
 
 
 
 

                                                                        37

per day as commissioner while employed.

At the March 1805 term of the Knox County Court he made the following

May 26th  to cash received . . . . . . . . . $404.00
June 10th  to cash received . . . . . . . . .   44.00
July 20th  to cash received . . . . . . . . .   40.50
Sept. 19th  to cash received . . . . . . . . .  124.00
Oct. 30th  to cash received . . . . . . . . .   62.00
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . $674.50

CONTRA . . . . . . . . . . . . . . . . . . . . Credit

by cash paid John Dougherty for 11 3/4 steel pr.,
16 lbs. iron at 2-6 and iron at 9 pence . . . . . . . . . .Ll-9-4 1/2
By John Ballinger for 457# iron at 9 pence. . . . . . . . . 1-2-0
By d. for oxen and driver, 2 Nos. at 25 d., l5by
John Barbour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-0-0
By John Barbour for 69 lbs. Iron at 9 pence . . . . . . . . 1-3-9
By Thomas Graham for smith work . . . . . . . . . . . . . . 2-11-0
By David Webb for work at 10:00P.M .. . . . . . . . . . . . 7-2-6
By Willian Webb for work at 10:00 P.M . . . . . . . . . . . 4-11-10
By Wm. Freeman for work at 10:00 P.M. . . . . . . . . . . . 4-11-10
By George James for 200 bacon . . . . . . . . . . . . . . . 4-11-10
By Moses Brown for three days work. . . . . . . . . . . . . 6-1-0
By Stephen Smith. . . . . . . . . . . . . . . . . . . . . . 1-9-0
By Richard Ballinger for sundries . . . . . . . . . . . . . 4-6-0
By James Bates for work at 10d  . . . . . . . . . . . . . . 1-11-0
By Joseph Girffith for b-smith work . . . . . . . . . . . . 4-1-0
By William Sam for sundries . . . . . . . . . . . . . . . . 0-9-0
By James Lyons for pork . . . . . . . . . . . . . . . . . . 5-13-0
By James Allsop for pork. . . . . . . . . . . . . . . . . . 1-10-0
By Moses Dorton for sundries. . . . . . . . . . . . . . . . 0-15-0
By Shite & Daugherty for sundries . . . . . . . . . . . . . 9-0-0
By William Hogan. . . . . . . . . . . . . . . . . . . . . . 5-3-0
By Charles Stewart for beef and pork. . . . . . . . . . . . 2-10-0
By Charles Stewart for beef and pork. . . . . . . . . . . . 2-10-4 1/2
By William Robenson for meal at 2-6 . . . . . . . . . . . . 1-10-9
By Joseph Ballow for 1 1/2 months . . . . . . . . . . . . . 3-0-0
By Jacob Baughman for work and beef . . . . . . . . . . . . 6-0-0
By Wm. Tinsley for cart wheels, etc . . . . . . . . . . . . 2-12-6
By David Webb for work. . . . . . . . . . . . . . . . . . . 0-12-0
By Keyton Murry & John Holcomb blacksmith . . . . . . . . . 0-16-7
By Richard Davis for provisions . . . . . . . . . . . . . . 2-0-9
By Joseph Ballow for 170 lbs bacon at 10p . . . . . . . . . 5-3-0
By Nat Herberd & Daniel Miller for sundries . . . . . . . . 0-12-0
By Wm. White & George Thornsbury for sundries . . . . . . . 0-11-3
By John Gordan for work . . . . . . . . . . . . . . . . . . 4-10-0
By Thomas Begley for beef, etc .. . . . . . . . . . . . . . 2-12-6
 
 
 
 
 

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By Moses McSpadden. . . . . . . . . . . . . . . . . . . . . 0-3-0
By Joseph Perce for work. . . . . . . . . . . . . . . . . . 3-12-2
By Richardson Herdon for work.  . . . . . . . . . . . . . . 3-0-0
By Isaac Martin for cart and oxen . . . . . . . . . . . . . 3-6-0
By Daniel Alsup for 3 3/4 months work at $12. . . . . . . . 13-5-0
By Arthur Neil for 2/3 of a month's work. . . . . . . . . . 2-8-0
By act. for 336 lbs of beef at 18-8 per 100 . . . . . . . . 2-15-9
By Wm. Alexander for work . . . . . . . . . . . . . . . . 0-13-9
By Joseph Riley for sundries. . . . . . . . . . . . . . . . 2-2-0
By Old Mr. Hammons for sundries . . . . . . . . . . . . . . 2-15-2
By Obadiah Payne for work . . . . . . . . . . . . . . . . . 1-10-3
By Reason Wheat for work. . . . . . . . . . . . . . . . . . 0-12-0
By Hugh Hales for one deed. . . . . . . . . . . . . . . . . 0-6-0
By Gidian Smith for 5 months, 10 days . . . . . . . . . . . 16-0-0
By Richard Pierce for 12 days . . . . . . . . . . . . . . . 1-6-6
By Reynolds for four days . . . . . . . . . . . . . . . . . 0-10-0
By 3 bushels corn furnished . . . . . . . . . . . . . . . . 0-9-0
By 1 horse furnished 72 days. . . . . . . . . . . . . . . . 0-10-0
By John Walker for 129 lbs of beef at 16-8. . . . . . . . . 1-1-6
By John Barbour for packing . . . . . . . . . . . . . . . . 0-4-6
By Thomas Johnson for sundries. . . . . . . . . . . . . . . 1-10-0
By Moses Hignight for 1 bushel salt . . . . . . . . . . . . 0-12-0
By Wm. Spencer for 2 lbs steel at 2-9 . . . . . . . . . . . 0-5-6
By his services for 4 months, 12 days at 9. . . . . . . . . 59-8-0
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . L 236-7-5

 The above account was sworn to in open court and ordered to be recorded. It will be noted the gatekeeper collected his tolls in dollars and cents but paid his expenses in pounds, shillings and pence.

 An act of December 21, 1805, provided for a redivision of the road. Knox County was apportioned that part between Cumberland Gap and the Sixty-one Mile Tree, and was to receive one-half of the toll, the remainder to be divided between Lincoln and Madison Counties in proportion to their respective road mileage.

 To show that gate keepers and commissioners were held strictly accountable for the up-keep of the road it is recorded that in 1802, Thomas Moor (Moore) keeper of the Turnpike Road leading to Cumberland Gap was presented (indicated) for not keeping it in repair. At the October term of Circuit Court in 1807, John Alsup was also presented for not keeping the State Road in repair.

 In 1810 the General Assembly exempted citizens of Knox County and their property from the payment of tolls. This law was repealed February 24, 1824.

 By 1816 ferries instead of bridges and fords were being used. Ferriage rates were as follows:

Wagon and team . . . . . . . . . $0.50
 
 
 
 
 

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Two wheel carriage . . . . . . .  0.25
Man and horse. . . . . . . . . .  0.12 1/2
Single horse, mare or mule . . .  0.06 1/4
Head of cattle, sheep or goats .  0.01
Foot passengers. . . . . . . . .  0.06 1/4

 Even before the above date, ferries were being used in Knox County. April 27, 1801 the following order was passed by the Knox County Court:

 Be it remembered that this day on the motion of Isaac Shelby, by his attorney, it is ordered that a ferry be established on the land of the said Isaac Shelby, lying on the south side of the Cumberland River at the crossing of the State Road in Knox County to the lands of William Robertson on the opposite shore, and it is ordered that the rate of ferriage of coaches, wagons, etc., shall be in the proportion of the ferriage of a horse, established by law, whereupon the said Isaac Shelby, by John Ballinger, his attorney in fact, together with the said John Ballinger as the security, entered into and acknowledged thi