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Captain John Waller

Life History, Captain John Waller, 1758-1823

In Stafford County, Virginia, Mary, the wife of John Waller Sr., gave birth to a baby on December 27, 1758; it was a boy and they named him John. This birth is recorded in the Overwharton Parish records along with the birth of three other children born to them: William, born December 24, 1751, who died young; Sarah, born on June 12, 1753 and Edward, born on, December 10, 1755. The parish records also show that . Mary Mathews of Stafford County was married to John Waller (born 1732) on July 4, 1751. Four more children were born to Mary and John: Elizabeth, Susannah, Hannah and Thomas, who was born on September 14, 1774.

It is evident that the Waller boys received a good education. (Note: Thomas' son, George Allen Waller, said that his father "was a medical doctor" and "was educated at William and Mary's College.")

THE TAX LISTS OF 1783-1784 The first tax list available for Stafford County is 1783 and only one John Waller is listed - the father of John and Edward. He is listed with 1 white tithe above 21, 8 Negroes, 4 horses and 19 cattle; also " 12 in famil - y plus 5 tithes." (Note: Charles P. Cella, Jr., of Powhatan, Virginia, who did the research on the Waller family of Stafford County, wrote - "I cannot explain the said notation except to say that certain of the Negroes must have been titheable. As for '12 in family,' I have no explanation.") If John and Edward were living at home, this might explain two of the tithes. John Sr., is listed on the tax list of 1784 with 1 white above 21, 9 slaves, 18 cattle and 5 horses. (See page 34, Shonert book)

JOHN JOINS THE ARMY John's brother, Edward, served in the Revolutionary War as a lieutenant, a captain and a major, prior to the 1st day of November 1779, but nothing is known of his activities while he was in the army.

Captain John Mountjoy of Stafford County enlisted John "in the service of the United States in Stafford County Virginia on the 7th day of January 1777" in the 10th Virginia Regiment; Willis (?) was the lieutenant colonel and George Nicholas, the major.

Captain Mountjoy, who had been born circa 1743, "entered the Continental Service as a Captain in the 10th Virginia Regiment Commanded by Col. Edward Stephens (note: Stevens) on the 14th day of January 1777 ... he had received his appointment in October previous to the date of his Joining the Regiment and was employed until the 14th of January in Recruiting the Regiment, which was recruited for 3 years."

THE BATTLES OF BRANDYWINE AND GERMANTOWN John and the Mountjoy brothers were in the battles of Brandywine and Germantown. At the battle of Brandywine Creek, which is located in southeastern Pennsylvania and Delaware, the British, under General Sir William Howe, defeated General Washington on September 11, 1777. The Americans took up positions along the Brandywine. General Greene covered Chadds Ford, the militia were downstream to Greene's left, and John Sullivan guarded the fords upstream. The British were able to attack from the north and rout the Americans. Only an extraordinary effort by Nathaniel Greene - cutting across four miles of broken country in fifty minutes with Virginia Continentals - averted a total disaster. While General Greene held off the British and allowed Sullivan's remnants to filter through, Washington pulled back to Chester; his casualties in all categories reaching 1,000, twice the number of the British. The next day, Elizabeth Drinker, a Quaker lady of Philadelphia, wrote that "A part of Washington's army has been routed, and have been seen coming into Town in great numbers. Hundreds of muskets laying in ye road - which those that made off have thrown down."

Philadelphia lay open to the British army. Congress was packing its papers and preparing to move north and then west to York, Pennsylvania, which would become the seat of government.

Sir Howe was pursuing Washington's bedraggled but nimble army 20 miles north on the upper Schuylkill. On one of their sorties, the British captured stores and burned buildings at a small settlement on the river called Valley Forge. Then, having decoyed Washington out of the way, Howe turned and marched into Philadelphia.

On October 3rd, Washington went at the British advance post at Germantown, where Sir William had encamped about 9,000 men, the major part of his army (note: since 1854, Germantown has formed a part of the city of Philadelphia). Washington's troops were divided into four widely separated columns that were to advance and surprise the British on three sides.

The initial surprise worked, and the British advance troops were driven back more than a mile to their main camp. But with the dawn came a thick fog, which resulted in confusion, loss of contact between the American columns, and instances of Americans firing on their own troops. Fear, "like an electrical shock seized some thousands, who fled in confusion." After a severe struggle, the English army defeated the Americans; the losses on either side were about equal. Though Washington's basic idea was militarily sound (there were few enemy outer defenses) his plan - four columns striking at different points in darkness - was too complicated for the many inexperienced officers and men in the Continental army. Though the Americans were defeated, it was the first time since the war had begun, that British regular troops had retreated before an American attack. For Washington's tattered army, who had been fighting and retreating for a year and a half, it felt like victory.

The British withdrew to Philadelphia, and the Americans to Whitemarsh, 12 miles to the north (now considered a part of Valley Forge). "Here Huts of sticks & leaves sheltered us and we lay pretty quiet," wrote Dr. Albigence Waldo, a surgeon with the Connecticut troops that arrived in Pennsylvania just in time for the Battle of Germantown, "provisions & whiskey very scarce ......

VALLEY FORGE It was November and winter was coming in. The system of delivering food was breaking down, and clothing and blankets were not to be had. Some soldiers were without shirts, and more than a thousand marched barefooted. When the army moved west across the Schuylkill in early December, Washington remarked, "You might have tracked the army from Whitemarsh to Valley Forge by the blood of their feet."

When the army approached Valley Forge, straggling up the old Gulf Road on December 17-19, 1777, what they saw was a wooded hillside two miles long, backed by twin hills called Mount Joy and Mount Misery. They laid out the camp at the base of Mount Joy.

The soldiers pitched their tents on the frozen ground, and those without blankets,, sat up all night staring into the smoke of green-wood fires, to avoid freezing to death.

The next day, "hutting" was the order of the day. Washington knew he was in a race with the weather: he later commented that had there been a heavy snow during the first week of Valley Forge, the army would have perished. The huts were to be 14 by 16 feet and 6 1/2 feet high made of logs chinked with stone and mud; the fire places were of logs plastered, and logs split into rude planks or slabs furnished the roofing. A hut was allotted to twelve non-commissioned officers and soldiers. A general officer had a hut to himself. The same was allowed to the staff of each brigade and regiment, and the field officer of each regiment; and a hut to the commissioned officers of each company. The huts of the soldiery fronted on streets. Those of the officers formed a line in the rear, and the encampment gradually assumed the look of a rude military village.

On December 23rd, Washington wrote to Congress that he had 2,878 men unfit for duty from sickness or lack of shoes. Unless there were immediate and dramatic improvement in supplying the army, he wrote it, "must inevitably be reduced to one or other of these three things. Starve, dissolve, or disperse" to look for food.

Nine hundred huts were constructed, and under French engineer DuPortail (?Duplesis), battlements and redoubts were erected. Food and clothing were still desperately short, but Washington had some success establishing markets at the camp fringes, where local farmers could bring what produce they still possessed after American and British foraging parties had swept the countryside.

Diversions in camp were limited pretty much to drinking and praying. Suttlers sold whiskey at regulated prices, but gambling and card playing had been banned by General Washington.

Captain Mountjoy's company was commanded by Major Samuel Hawes according to the company muster roll for January dated February 10. 1778; John was now a "Sergt" . Though it isn't dated, it would appear from his records that the pay roll of Capt. John Mountjoy's Company of the 10th Virginia Reg't, commanded by Major Samuel Hawes, for the month's pay extraordinary allowed by Congress, belongs here as John had been made a sergeant; he was paid "8 dolls" and received this amount per month for February, March, April and May.

NOTE, (Copies of John Waller's "Company Muster Roll" for the months mentioned above are in Shonert's book. The DAR also has this documentation. I can't imagine anyone doubting that John was at Valley Forge. GDW/1996

JOHN RETURNED TO VIRGINIA After receiving his discharge from the army, John returned to Virginia. When he made a deposition on May 16, 1818, in order to obtain a pension for his services during the Revolutionary War, he said that he "returned to Virginia and enlisted again under Col. Thomas Mountjoy and was appointed a recruiting Sergeant and continued in that Service until peace in 1783 and that his pay rations and clothing were miserably deficient and if he remembers rightly nothing but the cause he was engaged in kept him in the Service."

Charles Stern made a deposition in Pendleton County, Kentucky on May 16, 1818, to verify John's statement of his service during the Revolutionary War when he applied for a pension. He said that "he served in the Same Company with... John... and was well acquainted with him for they were both Sergeants at the same time..." Charles married John's sister, Susannah, but the date of their marriage and where they were married is not known. page 34

Chapter 2 JOHN AND EDWARD MOVE TO THE WEST

Spencer Records, in his MEMOIR OF THE OHIO FRONTIER, told that "In the course of this spring (1784), people began to settle in the neighborhood of Lexington. Colonel Garrard settled a station on Stoner, and General Benjamin Harrison settled a station on the same river ... William McClelling settled a station on the road between Hinkston's and Stoner's forks..."

John and his brother, Edward, came west. Unfortunately, we do not know exactly when they came or who they traveled with; however, because of the close association of John with the Mountjoy family, they could have come with them. John Mountjoy had married Mary Anne Garrard and Alvin married Mary Garrard on September 2, 1777 in Stafford County; Elizabeth, their sister, married James Garrard on December 20, 1769. James, who had been born on January 1, 1747 in Stafford County, served as a colonel in the militia during the Revolutionary War and, while in service, was elected to the Virginia legislature.

H. E. Everman, in his biography of GOVERNOR JAMES GARRARD, tells us that, in 1783, James, a surveyor, and Samuel Grant, "arrived on Stoner Fork of the Licking River by spring and surveyed tracts on military warrants. Before the leaves turned in the autumn of 1783, Garrard had returned to Virginia and packed his family for the trek into the Kentucky wilderness where they settled on Stoner Creek. At that time it was a part of Fayette County. Mary, Alvin's wife, said that "in the year 1784, she moved with her husband and their family from Stafford County, Va. to the West, to that portion which is now known as the State of Kentucky..." (Information contained in her application for a pension as the widow of Alvin for his service in the Revolutionary War.)

John and Edward Waller were surveyors. (Edward, in his will, which was written on June 15, 1791, speaks of "lands entered in partnership with John Waller and others"; however, I did not locate an entry or grant for land in both of their names.)

Surveyors were commissioned by the masters of William and Mary College and the government confirmed only such surveys as were made by surveyors so commissioned. Both surveyors and chain carriers were required to reside in their respective counties, in order to be acquainted with the territory and to avoid conflicting entries and mistakes in the surveys, and were sworn before the county court. (On November 15, 1983, Laura Frances Parrish, Assistant College Archivist of the College of William and Mary in Virginia, wrote: "...It is true that colonial Virginia surveyors did receive their licenses from the College of William and Mary. Unfortunately however, we do not have a complete list of all surveyors. Neither John nor Edward Waller appeared on the lists we have..."; the college received "one-sixth of the surveyors' fees collected within the district." In 1787, the Virginia legislature assigned this fee to Transylvania Seminary. On November 18, 1983, Kathleen C. Bryson, University Archivist, Curator of Special Collections of Transylvania University (founded 1780), Lexington, wrote: "...I have also checked our early documents and files do not find the names of either John or Edward Waller in connection with Transylvania..."

This petition in regard to surveyors &c, which was presented to the Virginia legislature on November 28, 1783, is most interesting.- "Petition of divers inhabitants of Jefferson, Fayette and Lincoln Counties and of sundry others that during the existence of paper money several acts of Assembly were passed to guard against the evil arising from its depreciation and particularly that surveyors and others entitled to tobacco fees might not suffer thereby, finding every proceeding effort ineffectual, the Legislature passed an Act (for regulating) the Registers' and Surveyors' Fees in Tobacco, which by Act passed November Session 1781 was limited to 12 sh. 6 d. per hundred specie. Under the law the surveyors kept and accepted their offices and although the deputies were allowed but one-half of 5/6 of the full fees, deputies in abundance were easily procured. The Act of October Session 1782 revised the Act but the petitioners conceive it was intended for clerks and sheriffs and the surveyors fees were never intended to be altered. The principals and deputies of these counties conceive themselves entitled to the fees allowed by the law, with this additional circumstance of oppression that instead of 10 sh. per hundred the tobacco is now settled at 12/6. They refuse to survey or deliver plots and certificates of survey out of the office without receiving their fees, a circumstance that if allowed will be the means of losing to many poor and honest men their just claims for want of money to clear them out. By Act of October 1782 the principals are allowed to act by deputy and two of them reside at great distance. By default of their deputy, the sufferer must travel 600 miles to commence prosecution in a strange place without the benefit of testimony or a jury of the vicinage, so that the principal has a sinecure worth thousands a year and is hardly accountable for his conduct. They pray a remedy of the evils and that the fees remain as they were settled by the Act for Regulating the Fees of the Land Office except that deputies by allowed half of the full fees, and as the Principal has no other trouble but recording the certificate after it is made out by the deputy that the sixth payable to the University of William and Mary should be paid from his own share and that the Act giving the principal power to act by deputy be repealed, and also that until the resources of the state will admit that more adequate salaries can be given to the officers of the Supreme Court, that a tax of 5 sh. a hundred for every 100 acres of land above 1400 contained in one survey or contiguous to other land belonging to the same person should be paid and that the salaries of the judges be made equal. " (Fifty-eight men signed the petition, but, as they do not play a part in the life of John Waller, I have not listed them.) The petition was marked "Reasonable." 35

LIMESTONE AND LAWRENCE CREEKS NAMED IN 1773

In 1773, a company of ten - among they Captain Thomas Young, Captain John Hedges, and Lawrence Darnall -came down the Ohio River from Pittsburgh one of the company leaving near Sandy River. The other nine encamped for several days at the mouth of a creek, to which Captain Hedges then gave the name of Limestone. A few days after, DarnaII's first name, Lawrence, was given by the same company to the first large creek below.

SIMON KENTON, BORN: APRIL 3, 1755 DIED: APRIL 29,1836 In the fall of 1783, Simon Kenton brought his family and others to visit and live south of the Ohio River. He had planned to settle four miles from the now city of Maysville on a sixty-foot elevation just above the two right hand forks of Lawrence's Creek, where in the spring of 1775, he and his companion, Thomas Williams, had cleared an acre of land in the center of a canebrake, erected a half-faced camp and raised the first crop of corn ever cultivated by white men north of the Kentucky River; a spring was near by. When he saw the large amount of Indian signs in the area of his old camp, he decided to go to his cabin on Quirk's Run, a branch of Salt River where he had built a cabin in the fall of 1782 after he ended his services with George Rogers Clark; there were also the cabins of several families that he had collected from Harrodsburg to settle near him. Simon, John McGraw and his wife, Philip Kenton and a few others went on horseback across country; the rest of the party continued down the river to the falls and then went by team to his cabin; Simon was there to greet them when they arrived.

Early in June, Joseph F. Taylor, John Hand, George McDonald, Abraham Dale, Mrs. Singleton, his sister, and John Taylor and a Negro came down the Ohio River in a pirogue and landed at Limestone. "There was a fort at Limestone, and the Indians had driven away the people and burnt the fort" according to Joseph. His brother, John, "hid $1800 worth of goods, in the woods, at Limestone, where they met "Capt. William Wright" who was a surveyor, with 12 or 13 men, his chain carriers. For $8.00, they bought the pirogue "in 40 minutes, and went up to Pittsburgh. "

Joseph and the others headed for Lexington, stopping off at Tanner's Station at the lower Blue Licks. "David Tanner was forted there at the salt-work with about 5 or 6 kettles, about 100 yards from the fort," which was right beside the path they traveled. "The fort included about 3 /4 of an acre."

Taylor's group arrived at Lexington on June 17th; then "went a week to Robin Johnson's fort at the crossing." John Taylor, "went over to Craig's fort, and got 4 or 5 pack-horses," and they went for the goods that had been hidden at Limestone.

While the Taylors were there, there was a massacre by Indians of some campers from Fauquier County who were not allowed into Tanner's Station because they had the, smallpox. Joseph said they "met Simon Kenton with 13 chain carriers" at the station "and were so strong, we camped out, and next day went 40 miles to Bryant's Station"

The attack of the Indians at Tanner's Station influenced Simon to again establish a station on the northern border. He went back to Salt River to gather a party large enough to support him and returned with a group of about sixty men, which included John and Edward Waller, John O'Bannon and George Lewis.

On July 6th, two entries for land were made in the name of John Waller with the Fayette County land office. The first entry was for 1500 acres of land "Beginning about one quarter of a Mile South from where McClelans preemption and Marshall's Survey of 114,700 acres comes together Running thence to Run half way between W and NW one mile and one half then at right angles a northwardly course for quantity." The second entry for 1500 acres of land gives us the general location of the first entry....... Beginning at the NW corner of John Waller's Entry of 1500 acres made this day thence Running Eastwardly to McCellands preemption on Lee Creek..."

Simon Kenton employed John Waller "as surveyor for him" and, in July or August, he assisted Simon "in forming a settlement and building a blockhouse at the spring then called Drennon's Spring, " Lawrence Creek; by fall it was finished. (Note: John Waller is the only one whose name is preserved of those who assisted Kenton.) 37

According to Andrew Thompson, Edward (Ned) Waller built a blockhouse "at the head of Lawrence Creek" this year.

John located 20,000 acres of land for Edward Graham, assignee of Michael Ryan, on ten treasury warrants. The entry was made with the Fayette County land office on September 30th and the acreage began "on the bank of the Ohio at the lower Corner of George Evans Survey of 18,000 acres thence with his land S 37 West 1350 poles thence from Beginning down the meanders of the River and binding thereon and at Right angles so far that a Line parallel to the Said Evans line shall include the quantity." On October 14th, John, as a deputy surveyor for Fayette County, with James Turner and Hugh McNaugher as his chain carriers and Samuel Wilson as his marker, surveyed 14,350 acres; the balance of the land on the entry had been withdrawn. The survey began "on the Bank of the said Ohio River 1000 poles on a direct line below the Mouth of Lawrences Creek, at the lower corner on the River of George Evans Survey of 18,000 acres a large poplar & Buckeye (no corner found) Thence running down the Ohio River binding thereon as it meanders ... crossing the mouth of Lee's' Creek ... to the mouth of Bracken & crossing the same & continuing down the River S 69 W 150 po S 71 W 270 poles to two Maple trees on the bank of the said River - Thence S 53 E 2450 poles crossing Bracken Creek & several small branches to a stake thence No 37 E the course of Said Evans line 1300 poles crossing Lee's Creek to the Beginning." As locator of the land, John was entitled to one half of the survey, which he later sold to Richard Graham.

When Benjamin Hardesty came down the Ohio River in the fall and landed, he said "there was nothing to be seen at Maysville. The 1st house we saw after leaving Wheeling was at McClelland's Station - and the next at Bryant's. We were the first to pass up with wagons. McClelland's Station - at that time the cabins were built but nobody was yet living there. They moved there shortly after McClelland did. It appears to me they moved from Riddle's Station. Not more than 2 cabins. About 2 miles this side of Millersburg.

"Were 2 weeks getting to Bryant's Station from Maysville. Hill at Maysville was so bad, we had to take our wagons to pieces, piece by piece, and pack then up." (Note: Collins, in his HISTORY OF KENTUCKY wrote that "The Old Wagon-Road from Limestone to Lexington was frequently spoken of in 1784-5 as Smith's wagon-road, because in the summer of 1783, or earlier, one Smith, of Lexington, was the first that traveled it with a wagon.") 39

Collins told that "At Maysville, possibly in November, but more probably in December 1784, a settlement was made, and a double log cabin and blockhouse built, by Edward (familiarly spoken of as 'Old Ned') Walter, John Waller and George Lewis, all from Virginia." (Note: Christopher Wood, who gave Dr. Draper some recollections of his early days at Kenton's Station, when he was a boy of twelve, said "...Then first of January (note: 1785) Kenton had but a single cabin - some 20 feet square - but no roof on it. This was soon put on, with the help of Wood's party and Chr. Wood helped to roof this first cabin roofed in Mason County - for Waller's was not then covered, and young Wood helped to roof that soon after also. The Wallers and O'Bannon mostly made their home at Kenton's Station, and had their cabin at the mouth of Limestone for their own convenience, and the accommodation of emigrants land-ing there.")

Philip Kenton was "one of about sixty men who went from the interior of Kentucky under the auspices of Simon Kenton and built the block house at the mouth of Limestone." which was unoccupied, but ready for occupation in case of need.

Josiah Collins told John D. Shane (May 28, 1841) that in September he was employed as a hunter by Ben Grayson, a surveyor. They had proceeded to where Maysville now stands where they found Edward Waller, a surveyor, with a party of men building a cabin. Edward had his logs cut and some of them hauled when they got there, but no frame yet. About the time they finished the cabin, which was the first building ever raised at Maysville, five men from Wheeling were surprised by the Indians. They had left their canoe and gone ashore for game and when they came back again, they found the Indians were at their canoe. They "put off immediately down to Limestone." They gave them information that showed them the Indians were "very plenty in the woods" near them. Waller was afraid to go and survey for Grayson and urged the danger as his sufficient excuse; Grayson then gave up the survey.

As the locator of the land, John became a partner in two entries for land made with the Fayette County land office on November 2nd. The first was entered in his name and that of Peter Byrum "for 461 1/2 acres as Tenants in Common ... Beginning 10 poles due south of and Entry of 1500 acres made by John Waller July 6th, 1784 thence North 67 1/2 West 400 poles and from the Termination of each of said Line South 22 1/2 West for quantity." The second entry was in the name of "Cuthbert Bullett Francis Triplett and John Waller assee of said Bullet and Triplett (as Tenants in Common) Enters 5000 acres of land ... Beginning 10 poles due west of John Waller's Entry of 1500 acres made July 6th, 1784 thence North 67 1/2 West 1000 poles and from the Termination of each end of said line North 22 1/2 East for quantity."

Edward Waller sells his rights to his pay and bounty of land for his services in the Revolutionary War

Among the Land Office Military Certificate Papers at the Virginia State Library is a paper dated December 23, 1784 and signed by Edward who "For Value received," assigned "to Edward Valentine the full balance of my pay and the bounty of Land that is due me for my services in Different Capasities (sic) as a Lieut. Capt. and Major prior to the 1st day of November 1779"; Lewis Corbin was a witness to the transaction. (No. 1) (No. 2 - Certificate entitling Edward to, land as a Major of the State line for three years service.) On March 31, 1785, Edward Valentine, "For Value recd" assigned Waller's pay and land to William Reynolds. (No. 3) After Edward's death, his heirs at law and administrators sued to recover "certain warrants, and the interest recd (?) upon them, also warrants for about 5000 acres of land which: their testator had obtained for his services during the war and which: had been unfairly purchased from him.... for the trifling consideration of L20, at a time (viz 23d Dec 1784) when the testator (Edward Waller) was intoxicated on (?) liquor. and incapable of contracting." 41

JOHN WALLER, SR., DIES John Waller, Sr., died on December 31, 1784. If he left a will, there is no record of it today as many of the early records of Stafford County have been destroyed; however, the following record has been preserved:

J. WALLER'S INVY & APPRAISEMT Beds & Furniture No 1 -pounds 10 = Do No 2 +10 = Do 3 +10 = Do 4,07 = Ditto 5 L-10/ = Desk & Book Case E6 Parcel of Books @3 = I Oval Table No 1 @1.5 = 1 Do square No 2 -pounds 6 (?O). 10 = I Ditto No 3 -@.7.6 4 table cloths L-0.16.0 = 1 Chest No 1 +0.6 = 1 Ditto No 2 -pounds O.2.6 = 8 Pewter Dishes -pounds l.5 = 16 do Plates,,LO.18 7 half gallon basons@.18 = 3 Quart do and 12 Table spoons+0.5 = Parcel of weaves Slays+1.7 = Parcel of Delf, Queensware and Glass+O. 12 = 9 table chairs+O. 18 = 2 Dutch Ovens 12p = 5 Iron Pots 10p = 3 pieces wood ware 3p =1 Set of Smithtools 4!,9.0 = a parcel of Iron lumber 7/6 = 2 Large Spinning wheels 12p = 1 small @10p = 4 Poalams (?) +1. 10 = 1 Iron pot rack 6p = parcel worn plows & hoes 18p = 1 Black mare +10. = 1 Black horse +7.= 1 Cow Hide 3 /6 = parcel of feathers 15p = Old sane ropes and Cance 16- = 17 Cattle L25.10 = 4 Hogs -L-2.8 = parcel of Casks & tubs L-1.0 Sheep -L4.17.6 = 1 Sow and piggs +,1.5 = 12 hogs-ElO = 5 Shoats 15p = 1 Looking Glass 5p = I brass Skillet 1/6 1 Sett of wedges 6p = Shot gun No (1)+l = 1 Do No 2 18p = 1 Ditto No 3 12p = parcel of butter potts and Juggs 15p = I Tea Kettle 15p = I Old brass Kettle 12p = I horse cart -El. 10 = I pare Money Scales 5p = 1 Pair Stillards 5p hand saw, Jointor Coopers adds &c lOp-= Candle stick & snuffers 1(?)p - Silver Watch-L-3.0 = a clock 2/6 = Cross cut Saw@l = grid iron, box do & draw knife 5/9 = grind stone 3/9 = frying pan 113 = Old plows and hoes 15p -Mary Waller William Waller) adminx Apprs Thomas Sudden) Geo. Norman) Stafford Sct November Court 1785 This inventory & Appraisement of the Estate of John Waller decd was then returned by his Administratrix, and ordered to be recorded & is so - Attest Examd (?) csc

Abstracts from the depositions of the following men were used in this chapter: Spencer Records (23CC26); Joseph F. Taylor (IICC228-229); Richard H. Collins (15C25-12); Andrew Thompson (12CC235); Benjamin Hardesty (11CC169); Josiah Collins (12CC71 & 108) and Edward Waller's heirs at law and administrators (12CC27); Lyman Copeland Draper manuscripts - KENTUCKY PAPERS - courtesy of The Historical Society of Wisconsin, Madison. 45

BOURBON COUNTY CREATED In 1785, James Garrard, while representing Fayette County in the Virginia General Assembly, was mainly responsible for the act creating Bourbon County from Fayette County.

On Tuesday, May 16th, 1786, men gathered at the home of Colonel Garrard (note: near Talbott's Station, 4 miles north of Paris), for the first county court meeting. There, "A new commission of the peace dated the twelfth day of January one thousand seven hundred and eighty-six to this County directed to James Garrard, Thomas Swearingen, John Edwards, Benjamin Harrison, John Hinkson, Alven Mountjoy, Thomas Warring, Edward Waller and John Gregg Gentlemen was produced and read." James Garrard took the oaths of fidelity and the oaths of a justice of the peace which were administered to him by John Edwards. Then James administered the oaths to Benjamin Harrison, John Hinkson, Alvin Mountjoy, Thomas Warring, Edward Waller and John Gregg. John Edwards was appointed to be clerk of the court.

Benjamin Harrison produced a commission from the governor to be sheriff of the county and took the oath of fidelity and the oath of his office. He then opened the court and they proceeded to business. John Machir became the deputy clerk and Robert Hinkson became the deputy sheriff. John Allen produced a commission of his fitness to act as attorney at law. James Garrard, John Hinkson, Thomas Warring, Edward Waller and John Gregg were sworn in as commissioners of the court of Oyer and Terminer of the county.

James Garrard became the surveyor of the county and Edward Waller, John Waller, Miles Conway and Henry Lee, or any three of them, were appointed to examine the fitness of those persons nominated by Garrard to become deputy surveyors.

When the county court meeting was held the next day at 10:00 o'clock in the morning, Henry Lee, Robert Rankin, Edward Waller, William Rout, John McIntire, John Waller, Samuel Hinch and John Grant were recommended to the governor as proper persons to be appointed "Captains of Militia for the Cotinty"; Solomon Whitley, Abraham Lefferge (?Lefforge), Peter Lee, John Cook, Jr., David Hughs, James Hutchison, Azer Recs and John Lyon as "Lieutenants"; Zacheriah Masterson, Josheway Baker, Isaac Baker, Samuel Cook, Isaac Constant, David Tharp, George Redding, Jr. and Charles Smith as "ensigns." (Note: all of the above men were commissioned on August 10, 1786 by the governor of Virginia. Previously, on Januarv 2, 1786, he had commissioned James Garrard as county lie-utenant, to rank from May 1, (1785); John Edwards, colonel; Benjamin Harrison, lieutenant colonel, and John Hink-son, major.)

Edmund Lyne, Henry Lee, Miles Conway, Andrew Hood, John Grant, William Rout, George Redding, Sr. Abraham Bird and John Waller were recommended to the governor as proper persons to be added to the commission of the peace for the county.

Other business of special interest to us transacted on this day was -John Hinkson, Alvin Mountjoy, Benjamin Harrison, John Edwards and Edward Waller were appointed "to view the most convenient place for establishing the Courthouse and report the same to the next Court."

John Waller, John Cook, Jr., Miles Conway, Alexander Edwards, Edward Waller and Thomas Whitledge were sworn in as deputy surveyors. Miles Conway, Edward Dobbins and Henry Lee, or any two of them, were to view the most convenient and best way for a road from the mouth of Limestone to the top of the hill and report to the next court.

On Tuesday, June 20th, the justices of the peace met at the house of John Kizer near the mouth of Cooper's Run. The persons appointed to view the best way for a road from the mouth of Limestone into the wagon road on the top of the hill reported that the road should "extend from the mouth of Limestone down the river bottom to the first drain crossing the same thence up the north side to a hollow up said hollow into and old Buffaloe Trace thence with said trace into the wagon road." The justices ordered the road to be established as viewed and appointed Edward Waller who was present, overseer of it and Thomas Warring was to regulate the hands to assist him in opening and keeping it in repair.

Edward was also appointed overseer of the road from the top of the Ohio hill at the mouth of Limestone to Johnson's fork of the Licking River and Thomas was to "Set apart the titheables to assist him in keeping the same in Repair." The following men were sworn in as deputy surveyors: Henry Lee, Charles Smith, William Sudduth, Byram Rout, George "Reading" Junr., William Caulk and John McIntire.

When the justices met at John Kizer's house on July 18th, the following men, upon presenting their commissions from the governor, were sworn in - James Garrard, county lieutenant; John Edwards, colonel; Benjamin Harrison, lieutenant colonel; John Hinkson, major; John "McKintire, " John Grant and Henry Lee, captains. Caleb Worley, George Lewis and Bartlet "Searky" were sworn in as deputy surveyors.

Edward Dobbins replaced Edward Waller, who was present, as overseer of the road from the mouth of Limestone Creek to Johnson's fork of the Licking River. 47

JOHN MARRIED GARNER ROUTT On August 16th, John applied for a license to marry Garner Routt, the daughter of William Routt; they were married the same day by Rev. Austin Easton. MARRIAGE BOND Located at County Clerk's Office Paris, Bourbon County, Kentucky.

WASHINGTON ESTABLISHED AS A TOWN One hundred and one men signed the following petition asking that Washington be established as a town, presented on August 22nd to - "The Honourable The Speaker and Gentlemen of the House of Delegates, General Assembly of Virginia: The petition of sundry inhabitants of the county of Bourbon humbly sheweth, that the most of them are settled in a new Village called Washington in the settlement of Limestone in the county aforesaid, where there are Upward of Seven hundred Acres of Land laid off for in and out lots for the use of said Village and where there are now settled upwards of Fifty families among whom are Mechanicks of divers kinds, and the prospect of a rapid development being made to the advantage of the Village and Country. The said Village is also judged to be situated in the most central and convenient place to the adjacent County and that it would be the most proper place for erecting publick buildings for the use of a county as soon as one is laid off. We therefore humbly pray that your honourable House will establish the said Village into a town by the name of Washington and your petitioners are in duty bound will ever pray etc " 48

EDWARD'S ACTIVITIES Edward, on November 25th, was the pilot and marker for a survey of 1000 acres of land in Bourbon County for Matthew Rust and himself, as assignee of Rust, on an entry made on a pre-emption warrant on October 31st; the land was situated "on the waters of Wellses Creek a branch of the North Fork of Licking" with an improvement on it. George Lewis was the deputy surveyor and the chain carriers were Peter Lee and John Glover. (Note: according to a Court of Appeals of the Commonwealth of Kentucky decision on October 29, 1808, in the case of Ward and Kenton vs. Lee and Orr (claiming under Rust), the entry was made in the name of Matthew Rust and Edward Waller, assignee of James Garrard, assignee of Matthew Rust.)

MATTHEW RUST AND EDWARD WALLER'S 1000 ACRES OF LAND "Beginning at Letter (A) four Hackberrys, Two Buckeyes 200 poles due North from Rusts Improvement..."

Some time after this survey was made, Edward returned to eastern Virginia. In Westmoreland County, is a marriage bond dated January 31, 1787, where he, with Samuel Bailey his security, applied for a marriage license to marry Sally Callis. Abstract from the deposition of William Sudduth (12CC81) *Lyman Copeland Draper manuscripts - KENTUCKY PAPER - courtesy of The Historical Society of Madison. Wisconsin, * Used in this chapter. 52

CHAPTER 4

1791 On February 16th, William Griffeth was appointed the commissioner to take the list of the taxable property in the county "in Lieu of John Waller Gent who has leave to resign and that his district be the same as said Wallers. "

JOHN ELECTED A REPRESENTATIVE FOR BOURBON COUNTY TO THE VIRGINIA GENERAL ASSEMBLY; EDWARD WALLER DIES.

In 1791, John Waller and Horatio Hall were elected representatives to the General Assembly of Virginia. John attended the Bourbon County court of Oyer and Terminer on July 4th, but was not present on July 19th at the county court meeting when Edward Waller, John Gregg and Abraham Byrd were recommended to the governor to be sheriff. By August 16th, Edward had died for the court "Ordered that John Gregg Gent be recommended to his Excellency the Governor of Virginia for the time being as a proper person to be Sheriff of this county in Lieu of Edward Waller Gent Deceased.

Being "weak in body but perfect and Sound in Sences and memory and Knowing the uncertainty of this life," Edward had made his will on June 15th - "First I desire I may be buried plain but decent and my Executor (side of page torn off) all my Just Debts out of any part of my estate (except the Land (side of page torn off) excepted) he shall think best also I have a Negro woman to be (side of page torn off) Nell and the sale of her to be applyed as my Exor sees best.

"Secondly I desire my Mother may have the use of what (side of page torn off) may be due me from my Fathers Estate also the profits of the (side of page torn off) Stafford County during her life and at her death to return to my estate. "Thirdly I give my beloved wife Sally Waller the plantation whereon I now live during her life also all my moveable Estate and Negros during her widowhood, Consistant with and under the care and authority of my Exor also I desire she may have the education of my Children & Keep them until they come to full age but in case my wife should Marry again and My Exor should Judge that my Children are abused or waste made of my estate My will is that he should take what part of my estate he chooses not Exceeding Two Thirds parts also my Children into his care and management as he shall Judge best for their interest and (?) advantage and may if he should Judge it necessary Take Bond and Security for the safe return of part or the whole of the other third part of my estate at the death of my wife.

"Fourthly I give at the death of my wife Sally Waller all my estate to be divided Between my Two daughters Mariam & Betsey Waller and the child my wife is now pregnant with, but in case it should be a Son I give him the plantation whereon I now live also an equal division of my (side of page torn off) estate as aforesaid at the death of my wife and in case they all (side of page torn off) before the age of Twenty one years old leaving no issue of their body law fully begotton then to be equally divided between my brother Thos Waller and my Several Sisters and in the case of the death of Tho Waller to be divided among my Sisters.

"Fifthly I appoint my friend Colo John Edwards my Exor to this my last will and Testament and Guardian to my children until they arrive to the age of Twenty one years old also I do empower my Exor with all and every power to sell or exchange any of my moveable estate where he shall Judge it to be for the interest and advantage of my wife & Children or to sell any Lands I have except that part of the (?) tract whereon I now live lying on the North side of Coopers run also (?) the run to pertain to the sd reserve (?) of Land the ballance of said Land the Land in Stafford County at the death of my Mother together with Lands entered in partnership with John Waller and others I do empower my Exor with all and every power I have to make conveyance of sd Land in case he should Judge it necessary to sell them Lastly in Case of the death or inability of my Exor to Act I appoint my loving wife Sally Waller Executrix in place of my Exor In witness whereof I hereunto set my hand and ? -seal this 15 day of June 1791 Edward W. LS. Signed Sealed & Delivered in presence of Jesse Williams, Izreel Ellis, Rachl (her x mark) Templin"

The will was proved by Jesse Williams and lzreet Ellis at the January 17, 1792 court. John Edwards, the executor named in the will, came into court with Peter Moore his security and gave bond under penalty of L800 and "qualified according to Law"; a certificate was granted to him for obtaining probate thereof in due form. John Metcalfe, Humphrey Hill, James Hutchison and William Hutchison, or any three of them, being swom,were ordered to appraise the personal estate and slaves, if any, of Edward and return the appraisement to court, which was done on March 20th.

The baby born to Sally was a boy who was named Edward. She married Luke Hanson in November of 1795; the marriage bond is dated November 12th. Mariam married Joseph Hayes (or Haze) in 1809; Betsey married John Hawkins in 1816 and Edward, as a captain, married Eliza Edwards, the daughter of Major John Edwards, in 1817.

Chapter 5

JOHN IN EASTERN VIRGINIA Prior to leaving to go east, Robert Sconce of Bourbon County gave John a letter, dated June 27, 1791, in which he appointed him to act as his " lawfull Attorney." Robert, "for Difrent good Causes me Hereunto moving" wanted John to act "for the particular Purpose of Collecting of the principal Interests & Costs of two Bonds for one hundred pounds each given by James Reed of the County of Greenbrier"; Robert had lived in the same county. A "suit or suits" on the bonds was "Brought in the Genl Court at Richmond by John Marshall Esqr and afterwards moved to the District Court for the County of Greenbrier & c." John was to act in his name "to ask Sue Receive & Demand & Acquitances for the Same of any part thereof." ("At a District Court held at Staunton, April 2, 1792, " the letter of attorney from Robert to John, which had been acknowledged before William Routt and Thomas Fletcher, two of the justices of the peace of Bourbon County and certified under their hands and seals, was presented and ordered to be recorded. This letter is recorded in the Circuit Court of Augusta County, Virginia, in book 1 -A, page 49.) Besides attending the meetings of the General Assembly, John undoubtedly visited with his mother, sisters and brother, as well as his friends.

It was on December 7, 1791 that John was presented with this certificate as having acted as a "Past Master" in the Masonic Lodge - J.K. Reade, D.G.M.

THESE ARE TO CERTIFY That Brother John Waller a Past Master has been initiated into our Mysteries, and has performed all his Works amongst us to the entire satisfaction of all the Brethern; Wherefore, We desire all the Right Worshipful Lodges of the Universe, and all true Accepted Masons, to recognize and admit him as such. In Testimony of which, We have delivered to him the present Certificate, Signed by our Secretary, with the Seal of our Lodge, and that it may not be of use to any one else, but unto the said Brother John Waller he has signed his Name adjacent to that Seal. Given in the Grand Lodge of the Commonwealth of Virginia, at Richmond, this seventh day of December in the year of Masonry, 5791. James Henderson Grand Secretary

1792 John had returned to Bourbon County prior to March 20th for on that day he was present at the county court meeting and was ordered by he justices to "Set apart the hands to assist Aaron Ashbrook Overseer of the Road from McConnells to Coonses Spring."

THE COMMONWEALTH OF KENTUCKY According to Judge George Robertson, in a speech given in Frankfort on July 4, 1843 before a crowd estimated at 20,000 persons, "As early as 1785, the population had become so confident of its capacity to govern and defend itself, as to desire a separation from Virginia; and in that year, a Convention was held at Danville preparatory to the establishment of an independent government. But a disagreement with the parent State as to the terms of separation, frustrated the object of that and other successive conventions, and Virginia having, in 1789, assented on prescribed terms ratified by a Convention at Danville in 1790, Congress passed an act, February the 4th, 1791, admitting Kentucky into the Union prospectively, on the first of June, 1792. And, on the 19th of April, 1792 - the anniversary of the battle of Lexington - the first Constitution of Kentucky was adopted."

The May 12th issue of the newspaper, THE KENTUCKY GAZETTE, carried the results of the counting of the, ballots of the election from the various counties. For Bourbon County, John Gregg was elected sheriff and Thomas Hallock, coroner. The representatives elected to the General Assembly were: George M. Bedinger, John Waller, Charles Smith, James Smith and John M'Kenny; the electors were John Edwards, Benjamin Harrison, Thomas Jones, Andrew Hood and John Allen (note: electors choose John Allen to represent the county in the senate.)

Judge Robertson told that "Isaac Shelby, the first Governor, arrived at Lexington (the temporary seat of government) June the 4th, 1792, and a quorum of the Legislature, then convened on the 5th, having elected Alexander S. Bullit, President of the Senate, and Robert Breckinridge Speaker of the House of Representatives received the first Executive communication, read to them in joint meeting by the Governor in person, in imitation of the practice of Washington, as President of the United States."

The first General Assembly was held in a two-story log building in two sessions; the first, of 12 days, began on June 4th. It was composed of 11 senators and 40 representatives from 9 counties - each county having a senator, except Jefferson and Fayette, which had two each.

The July 7th issue of THE KENTUCKY GAZETTE contained "A list of the Judges of the courts of quarter sessions, and the county courts, in the different counties within this Commonwealth." For Bourbon County, Benjamin Harrison, John Waller and James Brown were the judges of the quarter sessions and James Smith, Allen Mountjoy, Notley Conn, Charles Smith, William Griffith and Henry Coleman for the county court.

FOR SALE, Nov 16, 1793 The PLANTATION WHEREON I now live, containing 150 acres, lying on the waters of Huston, about three miles from Bourbon-court house; on which is a Dwelling-house two story's high, with a stone chimney, and several useful Cabbins; about 50 acres of said land is cleared, and under a good fence, including 3 acres of meadow, a thriving young peach orchard of excellent fruit, and a lot of 2 acres on which is about 200 large sugar trees. Said plantation is conveniently situated to Grist and Saw Mill, meeting house, &c. Cash, Negroes or Cattle will be taken in payment, and a clear and indisputable title given - for further particulars, apply to the subscriber on the promises. Bourbon, November 7 John Waller.

FALMOUTH ESTABLISHED December 10, 1793

This act was approved by the General Assembly of Kentucky on December 10, 1793, to take effect on the same day, which created Falmouth upon "one hundred acres of land at the junction of the Main and South fork of Licking, the property of John Cook, William M'Dowell and John Waller. " (Note: John Waller was a native of Stafford County, Virginia; perhaps John Cook and William McDowell were too. Falmouth, Virginia, was located in Stafford County, on the left bank of the Rappahannock, at the foot of the falls, about one mile above the town of Fredericksburg; perhaps John Waller suggested the name for their town as it reminded him of this town.)

The trustees named in the act were Notley Conn, John Hughes, John Cook, John Vance, Samuel Cook, Joseph Hume, William Monroe, James Little and George Standiford. They, or a majority of them, were to have the 100 acres of land "laid off into lots of one fourth of an acre each, with convenient streets. " As soon as the town was laid out, the trustees, or a majority of them, were to proceed to sell the lots for credit, or ready money, as best suited the proprietors, taking bond and security of the purchasers if sold for credit; the time and place of the sale was to be advertised three times in the KENTUCKY GAZETTE at least a month before the day of the sale. Each purchaser of a lot was to build on it "a dwelling house sixteen feet square; with a brick or stone chimney, to be finished fit for habitation within seven years from the day of the sale." The trustees, or a majority of them, were to convey the lot or lots "to the purchasers in fee, subject to the conditions aforesaid, and pay the money or assign the specialties" to the proprietors or their legal representatives. The proprietors, "previous to the receipt of such payment, " were to "enter into bond with one or more securities to the trustees, in the penalty of three thousand pounds, conditioned for the payment of the amount of such sale, to any person who shall hereafter establish a more legal or equitable claim to said land."

The trustees, or a majority of them, were to "have the power from time to time to settle and determine all disputes.' concerning the bounds of lots, and establish such rules and orders for the regular building of houses thereon as to them shall seem most convenient." In case of the "death, resignation or other legal (?) disability of any of the trustees," it was to be lawful for the remaining trustees, or a majority of them, to appoint others in their stead and the trustees so appointed were vested with the same power and authority as those particularly named in the act. If the purchaser or purchasers of any lot, failed to build on them within the time limit, the trustees, or a majority of them, were to enter into such lot and sell the same again, applying the money to the use and benefit of the town.

FALMOUTH BECAME A PART OF HARRISON COUNTY Falmouth became a part of Harrison County when it was created by an act of the General Assembly in 1793, to commence February 1, 1794, from the counties of Bourbon and Scott. 68

Chapter 6

1794 FALMOUTH The Falmouth trustees held their first meeting "on Saturday the 12th day of April 1794" - "at the house of John Humes. " John Hume and his family were from Culpeper County, Virginia, and in 1791 were living in Fayette County, Kentucky. It is believed that he was living in the present-day area of Morgan on 100 acres of land on the south fork of Licking River that he had purchased from John Cook, Jr., and his wife, Winifred; John Cook acknowledged on June 6, 1794 that he had received full satisfaction for this land.

These trustees were present for this first meeting: George Hume, Samuel Cook, John Vance, William Mohroe and John Cook. John Cook was appointed to the chair and John Waller was appointed clerk protem. Notley Conn, John Hughes and James Littell, who had been appointed trustees by the act of the General Assembly, refused to act, so the remaining trustees appointed John Hume, John Sanders and John Ewing to act in their place. Joseph Hume, who had been named as a trustee, did not appear at this meeting or any other meeting; however, George, the son of John, did attend as a trustee. Samuel Cook and John Vance were brothers-in-law to John Waller; Samuel had married Mary Ann (Molly) Rout and John had married Sarah Rout. The sale of the lots in the town was to "Begin on Monday (sic) the 22nd dav of July" on order of the trustees and the clerk was to advertise the sale.

JOHN APPOINTED A DEPUTY SURVEYOR TO HENRY LEE OF MASON COUNTY, KENTUCKY

It is recorded in the minutes of the Mason County court meeting of October 27th that "John Waller being nominated and appointed by Henry Lee Surveyor of this County his deputy during pleasure produced Certificate of his Examination and took the several Oaths according to law."John and his crews of men were to make at least 12 surveys on October 28th.

The crew of Joseph Cracraft and Bryam Rout, as chain carriers, and Anthony Kendall, as marker, made the following surveys on the waters of Cabin Creek about 5 miles from the Ohio River on entries for land that had been made with the land office on June 27, 1785; Bryam had been appointed a deputy surveyor to Henry Lee on July 28, 1795 -

For Charles Carter - 769 acres of land lying on the cast fork of Cabin Creek "Beginning -at the most Northwardly Corner of Richard Gaines Charles Lee & Co Survey of 9116 acres at A thence with there line ... to the most Northwardly Corner of George Taylor and Joseph Kellys Survey of 5791 acres at D thence with said Taylor & Kellys line ... Crossing the East fork of Cabbin Creek ... at C ... at B ... to the Beginning. " (Note: The grant was issued to Charles Carter and John Waller on June 18, 1796.)

For John Waller "Assee &c"-900 acres of land lying on the waters of the east fork of Cabin Creek "'Begining at the Most Northwardly Corner of a Survey of 769 acres made in the name of Charles Carter a large poplar at A thence with said Carters line ... to B ... another of Carters Corners in the line of George Taylor and Joseph Kelly Survey of 5791 Acres thence with the said Taylor & Kellys line ... at C ... to D ... to the Begining." (Note: The grant was issued to John on June 18, 1796.)

For George Davids - 153 acres of land lying on the waters of the east fork of Cabin Creek "Begining at the most Northwardly Corner of a Survey of 900 acres made for John Waller at A ... thence with said Wallers line ... to the Begining." Also 153 acres on the same entry "Begining at E ... in the line of Geo Taylor and Joseph Kellys Survey of 5791 acres and Corner to John Wallers Survey of 900 acres thence with sd Wallers line ... to F a Stake Corner in his first survey of 153 acres ... To his Corner at C ... to D ... in the line of Geo Taylor and Joseph Kellys Survey of 5791 thcnce with their line ... to the Beging." (Note: Two grants for 153 acres of land were issued to George Davids and John Waller on June 18, 1796.)

For Andrew Thompson - 1500 acres of land "Begining at the most Northwardly Corner of a Survey of 153 acres in the name of Geo Davids at 2 Read Oaks thence with the lines of sd Davids 2 Surveys of 153 acre Each ... to, A.. in the line of Geo Taylor & Joseph Kellys survey of 5791 acres ... to B ... in sd Taylor & Kellys line ... to the Begining." (Note: The grant was issued in the name of Andrew Thompson and John Waller on June 18, 1796.)

The crew of Freeman Battershill and Richard Wood, chain carriers, and J. Waller, marker, surveyed land for Charles Patterson and George Miller, assee &c, on Kinniconick Creek about 8 miles from the Ohio River as follows: the entries for the land had been made with the land office on May 9, 1785 - 3250 acres of land -"Begining at A ... to John Marshalls 40,000 Acre survey Thomas Keiths 20,626 acre survey and in the line of Richd Adams Survey thence with Adams line ... Crossing a large run ... at D on the top of a ridge thence ... to B ... the most Southwardly Corner of Thomas Keiths survey thence with his line ... Crossing Kinicanik to the Begining. "

6750 acres of land -*Begining at the south west Corner of their survey of 3250 acres in the line of Thos Smith at D ... Crossing Kinicanik twice passing the survey and running with their line to E ... on the west side of Kinicanik and in sd Fowler &Marshall line ... Crossing Kinicanek at F on the East side of a large run ... crossing Several Branches To a Stake at C Corner to their survey of 3250 acres with their line Crossing Kinicanik to the Begining. "

5000 acres of land "Begining at G ... Crossing 3 large Runs, passing the Corner of John Fowler and Wm Marshall Survey at 800 poles and runing with their line ... to the South West Corner of their survey of 6750 Acres ... on the west side of Kinicanek at E in Fowler & Marshalls line ... with the line in there (?) survey of 6750 acres Crossing Kinicanik ... In said line at F ... Crossing a large run twice to 6 maples on the south west side of sd run ... Crossing a large run to the Begining. "

(Note: Three grants were issued to Charles Patterson, George Miller and John Waller, assee &c, on June 17, 1796; one for 3250 acres, one for 6750 acres and one for 5000 acres.)

The crew of Thomas Miles and Sinnet Ramy, chain carriers, and John Riggs, marker, surveyed for Charles Patterson and George Miller 5000 acres of land "lying on'Big Sandy about 5 miles from Its Junction with the Ohio" which had been entered with the land office on March 30, 1787. The survey began "at the lower Corner of Chas Tylers 77

page-81 (note:on the grant, the name is written as Taylor) 17600 Acres Survey on the bank of sd Sandy, at A ... thence with Tylers line ... to, B ... Corner to sd Survey also Corner of Wm Graysons 70,000 and 12,000 Acre Surveys thence with the sd 12,000 Acre Survey ... at C, thence ... to D, a Stake on the Bank of Big Sandy thence up sd Sandy and Binding thereon ... to the Begining." (Note: The grant was issued to Charles Patterson, George Miller and John Waller on June 18, 1796.)

The names of the men in the crew were not recorded on two 5000 acre surveys of land for Thomas Brown, assee of Israel Gilpin. The first 5000 acres of land "lying on the head waters of a large south fork of sandy" was entered with the land office on October 24, 1785 - "Begining ... the south west Corner of a Survey of 10,000 acres made for James Julian ... at A thence East with sd Julian's line ... to his south East Corner ... at B thence ... to, C, a Stake thence ... to, D, another Stake ... to the Begining. " (Note: The grant was issued on July 18, 1796 to John Waller, assee of Thomas Brown.) The second 5000 acres of land "lying on the waters of a large South fork of Sandy" was entered with the land office on December 24, 1785 - "Beginning at A ... the North East Corner of a 10,000 Acres Survey made for James Julian thence West with his line ... to his north West Corner at, B, thence ... to, C, a Stake thence ... to, D, another Stake ... to the Begining." (Note: The grant was issued to John Waller, assee of Thomas Brown, assee, on June 19, 1796.)

The last survey made was for John Waller, assee of Henry Banks, for 300 acres of land.; the entry had been made with the land office for 400 acres of land on February 3, 1786. The survey was "lying on both sides of Little Sandy or 12 mile Creek, at the Junction of a large run Emptying Into sd Sandy on the west side, about 6 or 7 miles from Its Junction with the Ohio Begining on the Top of a high yallow Bank above and near to a large Deer lick ... on sd Bank at, A, thenc(e) ... to, B, a Stake thence ... to, C, a Stake ... to, D, a Stake thence ... to, E, a Stake thence ... to the Begining." The names of the men in the crew were not recorded. (Note: The grant was issued to John Waller, assee &c, on June 17, 1796.) All of the grants were, per order, delivered to John Raley on July 25, 1796.

Garner Waller's father, William Rout, Sr., wrote his will on August 1S, 1816 and in it mentioned "a division of negros made amongst my children about the year seventeen hundred and ninety five. " John Cook was his son-in-law when the division was made, but I haven't located a record of his marriage to Winney Rout.

1796 On February 17th, George Watson and Ann Watson, formerly Ann Smith, both of Stafford County, Virginia, appointed Alexander Keith Marshall or Colonel Henry Lee, both of Mason County, Kentucky, as their lawful attornies to act as such jointly or separately "as occasion or Convenience may suit" to convey or cause to be conveyed in their names to John Waller of Campbell County, Kentucky, by deed in fee simply all the right and interest held by Charles Duncan, deceased, in and to a tract of land lying on the Ohio River and Cabin Creek entered in the name of Charles Lee, Charles Adkinson, Tilman Huffman and Charles Duncan containing 9116 acres of land. George and Ann, his wife, acknowledged the power of attorney before Thomas Mountjoy and George Brent, magistrates of Stafford County, on February 22nd, which was presented at the August 23rd Mason County court and ordered to be recorded. The deed was presented the next day and ordered by the court to be recorded.

The May 14th issue of THE KENTUCKY GAZETTE contained "A list of Representatives and Electors" to the General Assembly; for Campbell County; John Craig was the representative and John Waller, the elector.

Holt Richeson's 1000 acres of land on which Falmouth was situated was surveyed as follows -"Campbell County June 10 1796 Surveyed for Holt Richardson 1000 Acres of Land by virtue of an Entry made April 24th 1780 on a Military Warrant No 620 Situate lying and & Being in the County aforesaid Beginning at the Junction of the South and Main forks of Licking then up the Main fork of Licking, as it Meanders South20 Poles S35E28 poles S54E40 po East 30 poles N7SE500 poles to the Beeches Standing on the Bank of Main Licking from this Station returned to the Junction aforesaid thence up the South fork as it Meanders .... (difficult to read the record) to a Buckeye & Ironwood on the Bank of the South fork of Licking thence N55E 750 poles to the above Mentioned on the Bank of Main Licking

The above is assigned to John Waller John Cook & Alvin Mountjoy assee of Wm McDowell who was assee of Holt Richardson" (The grant for this 1000 acres of land was issued July 20, 1797 to Waller, Cook and "Mountjoy" by James Garrard, governor, but on the side of the page, when it was recorded in the books, is written "Governors name signed to the Record by the Register agreeably to an act of assembly" and "Exd & Delvd to John M. Garrard the 20th Nov, 97. ") 81

Chapter 7

1797 JOHN MOVED BACK TO BOURBON COUNTY Though John was to move back to Bourbon County, he was still living in Campbell County on March 20th when he made a deed to Samuel Lockwood of the county of Bourbon. John was "held and firmly bound unto Samuel ... in the penal sum of Two thousand pounds lawful money of said State for which payment well and truly to be done" he bound himself, his heirs, etc. "The condition of the ... obligation is such that if the above bounded John Waller his heirs ... shall and doth well and truly make a general warranty deed unto Samuel Lockwood his heirs ... unto a certain tract of land containing one hundred acres, Beginning at the upper corner of Holt Richardson survey thence down Main Licking so far by making a right angle to include the above quantity (The Deed general warranty, to be made as soon as the whole of the money is paid) then the above obligation to be void, otherwise to remain in full force & virtue & delivered in presence of Joseph K. Glenn Tho Waller John Waller (seal)" (Note: this deed is located in the county clerk's office in deed book A, p. 186, at Falmouth.)

Thomas Waller, who was a witness to the signing of the deed, was John's brother. It is believed that their mother had died and that Thomas and his sisters moved to Kentucky after her death. Their sister, Sarah, never married, but lived with her sister, Susanna, who was the wife of Charles Sterne; Hannah was the wife of Charles Porter (after his death, she married Fielding Coppage); Elizabeth married James McClelland of Bourbon County.

In Bourbon County, John lived within the district of James Parks, a tax commissioner for the county. John was listed with 2 blacks over 16, 1 black under 16 and 2 horses &c; he had turned in the following land on which he was to pay taxes- * 5000 acres-3d rate land in Mason County on Big Sandy, entered and surveyed in the name of Col. Patterson and G. Miller * 15,000 acres-3d rate land in Mason County on Kennekeneck, entered and surveyed in the name of Col. Patterson and G. Miller. * 1500 acres-3rd rate land in Mason County on Cabin Creek, entered and surveyed and patented in name of A or W. Thompson. * 306 1/2 acres-2d rate land in Mason County on Cabin Creek, entered and surveyed in name of G. Davids. * 900 acres-2d rate land in Mason County on Cabin Creek, entered, surveyed in the name of John Waller. * 769 1/2 acres-2d rate land in Mason County on Cabin Creek, entered and surveyed in the name of C. Carter. * 7090 acres-3rd rate land in Mason County on Big Sandy, entered in the name of John Waller & (?) Sam Humphrey Lyon. * 2000 acres-2d rate land in Mason County on Cabin Creek, entered and surveyed in the name of Lee & Kesson & Company *300 acres-2d rate land in Mason County on Little Sandy, entered and surveyed in the name of John Waller *333-1/3 acres-Ist rate land in Bourbon County on Hinkson (sic), entered in the name of Holt Richardson. *1200 acres-lst rate land in Bourbon County on Hinkson, entered and surveyed in the name of J Stewart. 200 acres-lst rate land in Bourbon County on Stoner, entered and surveyed in the name of Foster (?). 30 acres- 1st rate land in Bourbon County on Hinkson entered and surveyed in the name of W. McClelland. 500 acres-2d rate land in Harrison County on South Licken, entered in the name of Jas. Sutton. 1000 acres-2d rate land in Harrison County on South Lickin, entered in the name of Jas. Sutton.*2570acres3dratelandinCampbeliCountyonSouthLicken,enteredandsurveyedinthenameofAlexdScoot& Bullet. 196 acres-lst rate land in Campbell County in liken, entered and surveyed in the name of Holt Richardson 160 acres-2nd rate land in Franklin County on Ohio River, entered and surveyed in the name of Edwd Waller and Hum Mashall (Marshall) *taxes had been paid on land in 1796 **taxes had been paid on land in 1795 & 1796 I was unable to find information on some of the land John gave in to be taxed. With regard to the land of Holt Richeson, Falmouth was located of the 1000 acres entered and surveyed in his name of which John now only owned 196 acres and it was located in Campbell County. John was to own one third of the 1000 acres of land entered on April 24, 1780 that joined Ben Johnston's entry on the Licking, but the land was located in Harrison County, not in Bourbon County. Two surveys of 500 acres were made by Benjamin Harrison, a deputy surveyor for H. Coleman, surveyor of Harrison County; his crew for both surveys were Michael Rawling and John Johnston, chain carriers, and Benjamin Harrison, Jr., was the marker.

The first survey on the main fork of Licking was made on November 27, 1797, joined Benjamin Johnston's survey of 1000 acres "at the mouth of the East fork of Licking Begining at a Beech & Lynn trees Standing on the Bank of the River 256 poles So19Et from the Mouth of the Sd Et fork at A, Thence SollWt up the River & binding thereon... to Read Oak Beech & Double Lynn At B Standing on the River Clift thence So80Wt crossing Scotts run at 200 ps... C thence ... to two Gum trees Standing on Elisha Chamber's field at D thence ... to the Beginning." The second survey of 500 acres of land was made the next day. This survey was also on main Licking and joined Benjamin's survey of 1000 acres "at the mouth of the Et fork of Licking and his (note: Holt's) other Survey of 500 Acres, Begining at the Begining Corner thereof A ... on the bank of the River, 256 ps Sol9E from the mouth of Sd Et

John did not receive a deed to the 30 acres of land on Hinkston Creek, entered and surveyed in the name of W. McClelland, until August 22, 1798. On that date, William and his wife, Martha, sold him the land for "one hundred and fifty pounds current money of Kentucky" which began "on the bank of Hinkston opposite Millersburg at a large sugartree and two small Lynns in the line of John Millers Preemption, thence down Hinkston ... to a leaning ash and small Hickory at the mouth of Noots spring branch, thence SI 7E 8 poles through the middle of a spring to a sycamore bush, thence E 12 poles through the middle of another spring ... to the line of John Millers Preemption ... to the Beginning Containing thirty acres, and no more, giving to the said Thirty acres forever an Equal priviledge to the aforesaid springs, and the holders thereof, and should there be more or less than thirty acres in the above described boundries, the same is to be taken from or added to the most Eastwardly end"; David Hogg, James McClelland and John Miller were witnesses to the signing of the deed.

1807 From 1801 through 1806, John was listed on the tax records with a tavern license. In 1802, he owned 1 black and the value of his lots was $4S; in 1803, he owned I black above 16 and the value of his town lots was $40. Though the value of his town lots was $40 in 1804, he now owned 2 blacks above 16. On June 4, 1805, when he gave information for the tax list, John told that he had I black above 16, 1 horse, mares &c, 1 tavern license; his town lots were now valued at $70 and he owned "2 carriage wheels." There are only three books of tax records instead of four books for 1806 and John is not listed under "W" in those available.

F. Cuming, who left Philadelphia on January 8th of this year, visited with John at his tavern in Millersburg, probably on Friday, July 21st. Mr. Cuming had purchased 1000 acres of land in Ohio and came down the Ohio River to examine the tract of land. He also collected material for a book, which was issued as SKETCHES OF A TOUR TO THE WESTERN COUNTRY, THROUGH THE STATES OF OHIO AND KENTUCKY, A VOYAGE DOWN THE OHIO AND MISSISSIPPI RIVERS, AND A TRIP THROUGH THE MISSISSIPPI TERRITORY, AND PART OF WEST FLORIDA. COMMENCED AT PHILADELPHIA IN THE WINTER OF 1807, AND CONCLUDED IN 1809. His book, with NOTES AND AN APPENDIX, CONTAINING SOME INTERESTING FACTS, TOGETHER WITH A NOTICE OF AN EXPEDITION THROUGH LOUISIANNA was PRINTED & PUBLISHED BY CRAMER, SPEAR & EICHBAUM, FRANKLIN HEAD BOOKSTORE, IN MARKET, BETWEEN FRONT & SECOND STREETS, FITTSBURGH - 1810.

1809 John obtained his last tavern license on July 3rd at the meeting of the justices of the peace of Bourbon County. As clerk of the board of trustees of Millersburg, John turned in to the court on August 7th a list of the voters in the town and who they voted for at the election held on August Ist; he certified that James McClelland, Joseph McClintock, Daniel Talbott, Dixon H. Kennett and John Rule, Jr., were trustees for the ensuing year.

1813 On May 8th, John wrote a note to the clerk of Bourbon County in which he gave his consent for him to issue a marriage license to William Chadd to marry his daughter, Nancy (born 1795); they were married on May 9th by A. Easton. The hostilities with England ended for the people in our area on October 5th with General William Henry Harrison's victory near the river Thames. John does not appear on the tax list of Bourbon County this year, nor was he on the Pendleton County tax list.

JOHN APPLIED FOR A PENSION AS A SOLDIER OF THE REVOLUTIONARY WAR

This year, Congress "provided that every person who had served in the Revolutionary War for 9 months or until the end of the war and who was 'in need of assistance from his country for support' should be pensioned." (Note: later, legislation removed the requirement of "need.") Our old soldier made his statement before Jedaiah Ashcraft, presiding magistrate of the Pendleton County court on May 16th in order to obtain a pension. In part, John said "that his pay Rations and Clothing were miserably deficient and if he remembers rightly nothing but the cause he was engaged in kept him in the Service and that he knows not that his discharge is in existence he deposited it in the Counsel Offices in Richmond when he obtained his Land Warrant he further States on Oath that he is in his Sixty Sixth year of age (note: according to the Overwharton Parish records, he was born December 27, 1758),& that he never was over bourdened with the good things of this world and that from his age and reduced Circumstances, that he is in need of the assistance of his country for support. "

Alvin Mountjoy made a deposition in which he said that "he has been acquainted with ... John Waller from the earliest period of his youth and He Knows of his enlisting with his brother John Mountjoy in the revolutionary war in the year of 1777 he has Seen him in the Service and after his term of service and he believes he obtained and Honorable discharge for he has been acquainted with him ever since the war and never heard an (?y) thing alledged against him as to the manner of his leaving the Service and he now lives a near Neighbor to him in Pendleton County Kentucky. that he himself also served as Capt in the Continental line as did his Brother John by which means he had an opertunity of Seeing the afsd Waller in the Services."

Captain Charles Sterne also made a deposition in which he stated "that he served in the Same Company with the afsd John Waller and was well acquainted with him for they were both Sergeants at the same time..."

JOHN'S SECOND DECLARATION TO OBTAIN A PENSION FOR HIS SERVICES AS A SOLDIER IN THE REVOLUTIONARY WAR

On October 21st, 1819 John again made a declaration to obtain a pension for his services during the Revolutionary War for he felt the one that he made "as early as the 15th of June 1818" had never reached the department of war. He appeared before John Trimble, a circuit judge of the commonwealth, and again stated that he was "aged 66 years. ".John said that he had enlisted under "Capt John Mountjoy of the 10th Virginia Regiment of the Continental line... "who also appeared before Judge Trimble and stated that "he was appointed a Capt in the 10th Virginia Regiment of the Continental line and that he did enlist the afsd John Waller and that said Waller Continued In the service for the term of at least twenty months and he has good Reason to believe he served his three years out.

JOHN WROTE HIS WILL

On October 24th, John wrote his will in which he said - "In the name of God Amen. 1, John Waller now a resident of Pendleton County & State of Kentuck),, being at this time of sound mind and Memory, but being 66 years of age and debilitated of body cannot promise myself long to enjoy my intelectual power of life do make and ordain this my last will and testament to wit: I bequeath not my soul to God for he has it already, for I believe not in the Christian religion. I have an Interest in titles to land and it is my wish to dispose of them in the following manner to wit: "Item Ist I give and beqeath to each of my Legitimate children the sum of ten cents each to be paid to them by my Executor hereafter named "Item 2nd I give and bequeath to my neices Susan Coppage Fanny Coppage and Susan Sterne and my Executor hereafter named all my interest to Augustine Couns Claims and all other claims through Charles Menthroston & George Norton Francis Froushee asssignee to me to land South of the Tennessee River my Executor is named in this bequest to obtain his services for to investigate the titles & carry them into Grant. And it is my wish that they should all be equal shearers. Item 3rd I give unto the same to wit my neices Susan Coppage Fanny Coppage & Susan Sterne and my Executor hereafter named in like manner all my right & Interest to certain lands on Brush Creek in the State of Ohio and all other titles to lands which I may die seized and possessed of in said State together with my Interest with Elias Hord of Mason County, to certain lands lying on Cabbin Creek in Lewis County State of Kentucky together with all my Interest to the property of the town of Falmouth and also to any recovery that may be had against William Clark on breaches of a written covenant between him and myself. Also the benefit of a covenant between myself & N%'illianiM. Vears for Lands in this County for 1000 where fielding Coppage lives entered, and Surveyed for Ebenezer Brooks as may be shewn by a reference to the records of the federal Court where it has underwent an investigation. Lastly It is my Will and desire that Fielding Coppage be my sole Exccutor of this my Last Will and testament. In testimony of this and all the foregoing bequests I have hereunto set my hand and sea] this the 24th day of October in the year 1819.

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