On March 17, 1775, Colonel Richard Henderson (for whom
this county and city were called) and others, purchased from the Cherokee
Indians the whole of that territory lying between the Cumberland and
Kentucky Rivers, amounting to over 17,000,000 acres of land, upon which it
was evidently his purpose to found a little empire of his own; but his
object was frustrated by an act of the Virginia Legislature, which made
void the purchase, claiming the sole right to purchase land from the
Indians within the bounds of the Royal Charter. The great activity
displayed by Colonel Henderson and his co-operators in taking possession
of the Cherokee Purchase and granting land to new settlers, was - as we
shall soon see - all set at naught. Daniel Boone was employed by Colonel
Henderson to survey the country and select favorable positions, and early
in the spring of 1775 the foundation of Boonesborough was laid under the
title name of Henderson.
The present State of Kentucky was, prior to December
31, 1776, a part of the County of Fincastle, State of Virginia. By an act
of the Virginia Legislature, from and after that day Fincastle County was
divided into three counties, Kentucky County being one of the
three. Kentucky having thus been formed into a separate county, she
therefore became entitled to a separate County Court, two Justices of the
Peace, a Sheriff, Constable, Coroner and militia officers. Law, with its
imposing paraphernalia, for the first time reared its head in the forests
of Kentucky.
In the spring of 1777 the Court of Quarter Sessions held
its first sitting at Harrodsburg, attended by the Sheriff of the county
and its clerk, Levi Todd. The first court of Kentucky was composed of John
Todd, John Floyd, Benjamin Logan, John Bowman and Richard Calloway. They
had hardly adjourned when the infant Republic was rocked to its center by
an Indian invasion. The hunters and surveyors were driven in from the
woods and compelled to take refuge within the forts. Much injury was done,
but the forts withstood their utmost efforts; and, after sweeping through
Kentucky like a torrent for several weeks, the savages slowly retreated
back to the North, leaving the agitated settlers to repair their loss as
best they could.
VIRGINIA'S GRANT TO COLONEL HENDERSON.
On Wednesday, November 4, 1778, the Virginia House of
Delegates -
Resolved, "That all purchases of lands made or to be
made of the Indians within the chartered bounds of this Commonwealth, as
described by the constitution or form of Government, by any private
persons not authorized by public authority, are void.
Resolved, "That the purchase heretofore made by
Colonel Henderson & Co., of the Cherokee Indians is void.
"But as said Richard Henderson and Company have been at very
great expense in making the said purchase, and in settling the said lands,
by which this Commonwealth is likely to receive great advantage by
increasing its inhabitants, and establishing a barrier against the
Indians, it is just and reasonable to allow the said Richard Henderson &
Co. a compensation for their trouble and expense."
On Tuesday, November 17th, these resolution of the House
were agreed to by the Senate and a few weeks afterwards-
It was enacted by the General Assembly of Virginia,
"That all the tract of land situate, lying and being on the waters of the
Ohio and Green Rivers, and bounded as follows, to wit:
"Beginning at the mouth of Green River,
thence running up the same twelve and one-half miles, when reduced to a
straight line, thence running at right angles with the said reduced lines,
twelve and one half miles each side of the river, thence running lines
from the termination of the line extended on each side of Green River, at
right angles with the same, till the said lines intersect the Ohio, which
said river Ohio shall be the western boundary of the said trace, be, and
the same is hereby granted the said Richard Henderson & Co., and their
heirs as tenants in common, subject to the payment of the same taxes as
other lands in the Commonwealth are, but under such limitations of time as
to the settling of the lands as shall hereafter be directed by the General
Assembly; but this grant shall, and it is hereby declared, to be in full
compensation to the said Richard Henderson & Co., and their heirs for the
charge and trouble, and all advantage accruing therefrom to this
Commonwealth, and that they are hereby excluded from any further claim to
lands on account of any settlement or improvements heretofore made by
them, or any of them, on the lands so as aforesaid purchased from the
Cherokee Indians."
Thus by one sweeping act of the Virginia Legislature the
purchase of one million, seven hundred thousand acres of land, from the
Cherokee Nation, and the great proprietary Government organized for its
better regulation, was declared null and void, the government of
Boonesborough wiped out, and the Transylvania landed estate reduced to
what was estimated to be two hundred thousand acres. This was called the
Henderson & Co. Grant. Subsequently this grant was discovered to contain
only one hundred and sixty thousand acres, when in order to gain
possession of the full amount, the lines were extended a few poles on the
three sides. The whole of this grant of land is included in the present
boundary of Henderson County.
History of Henderson County, Kentucky
by Edmund L. Starling
pps. 18 - 19
published in 1887
public domain material
