BEGINNING AND BOUNDS ...
Sunday, July 9, 2006, 05:29 PM - Muhlenberg County
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A few Days after the State
Legislature began its regular session, November 5, 1798, the subject of
forming a number of new counties was brought before the House. Henry
Rhoads was then representing Logan County. Through his efforts the act
establishing a new county out of parts of Christian and Logan was
passed. It was he who proposed and procured the name of Muhlenberg for
the new county. This act, passed at the first session of the Seventh
General Assembly, creating Muhlenberg, reads as follows:
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An act for the erection of a
new County, out of the Counties of Logan and Christian. Approved,
December 14th, 1798.
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1. Be it enacted by the General
Assembly, that from and after the fifteenth day of May next, all that
part of the counties of Logan and Christian included in the following
bounds, to wit: Beginning at the mouth of Mud river, running up said
river with its meanders within three miles of the mouth of Wolf Lick
fork on a straight line; from thence with a straight line to the
Christian county line, six miles below Benjamin Hardin's; from thence
on a straight line so as to strike Pond river, two miles below Joel
Downing's; from thence down Pond river with the meanders to the mouth;
from thence up Green river to the beginning, shall be one distinet
county, and called and known by the name of Muhlenberg. But the said
county of Muhlenberg shall not be entitled to a separate representation
until the number of free male inhabitants therein contained above the
age of twenty-one years, shall entitle them to one representative,
agreeable to the ratio that shall hereafter be established by law.
After said division shall take place, the courts of the said county
shall be held on the fourth Tuesday in every month, except those in
which the courts of quarter sessions are hereby directed to be held.
And the court of quarter sessions shall be held in the months of March,
May, July and October, in such manner as is provided by law in respect
to other counties in this state.
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2. The justices named in the
commission of the peace for said county of Muhlenberg, shall meet at
the house of John Dennis, in the said county, on the first court day
after the division shall take place, and having taken the oaths
prescribed by law, and a sheriff being legally qualified to act, the
court shall proceed to appoint and qualify their clerk, and fix on a
place for the seat of justice for the said county, and proceed to erect
the public buildings at such place. Provided always, that the permanent
seat of justice shall not be fixed, nor a clerk be appointed (except
pro tempore), unless a majority of the justices of the court concur
therein, but shall be postponed until such majority can be had.
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3. It shall be lawful for the
sheriffs of the counties of Logan and Christian to make distress for
any public dues or officers' fees unpaid by the inhabitants thereof at
the time such division shall take place, and they shall be accountable
in like manner as if this act had not passed.
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The courts of the counties of
Logan and Christian shall have jurisdietion in all actions and suits
depending therein at the time of said division. and they shall try and
determine the same, issue process, and award execution thereon.Soction
of J. Russell's "Map of the State of Kentucky with Adjoining
Territories," published in 1794, showing extent of the original Logan
County from 1762 to 1796. Among the orrors on this old map is the
location of "Howards Sattlements," which were on Gasper River and not
on Mud (or Muddy) River as here indicated.Section of Munnel's Map of
Kentucky, published in 1836, thowing outline of Muhlenberg and
adjoining counties up to 1856, when McLean County was formed
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The line that, before the
formation of Muhlenberg, separated Logan from Christian and lay within
the bounds of what became Muhlenberg, is described in the act creating
Christian County as follows: "Beginning on Green river, eight miles
below the mouth of Muddy river1;
thence a straight line to one mile west of Benjamin Hardin's." In other
words, this former dividing line ran in a southwesterly direction from
a point on Green River eight miles below the mouth of Mud River to a
point in the neighborhood of what later became the northwest corner of
Todd County. That being the fact, about three fourths of the original
area of Muhlenberg County, or about two thirds of the present area, was
taken from Christian, and the remainder--the southeastern part of
Muhlenberg--was taken from Logan County.Map of Muhienberg County
compiled from six atlas sheets issued by the United States Geological
Survey (1907-1912)
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I judge that after the southern
line had been surveyed it was discovered that certain lands originally
intended to fall within the bounds of Muhlenberg were, according to the
"calls for running the county line," not included in the new county. At
any rate, on December 4, 1800, the Legislature passed "An act to amend
and explain an act, entitled 'an act for the division of Christian
county,' " which I here quote in full:
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Whereas, it is represented to
the present General Assembly that the act passed in December, 1798, for
the division of Christian county is imperfect, and wants amending:
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Be it therefore enacted by the
General Assembly, that so much of the act as calls for running the
county line from six miles below Benjamin Hardin's, to strike Pond
river two miles below Joel Downing's, be and the same is hereby
repealed; and the line shall run from said six mile tree to Job
Downing's on Pond river, so as to include said Downing's dwelling house
in Muhlenberg. This act shall commence and be in force from and after
its passage.
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An act to establish the county
of McLean was approved by the Legislature on January 28, 1854, and set
"the second Monday in May, 1854," as the time for the beginning of the
new county. Muhlenberg, Ohio, and Daviess counties furnished the
territory. Muhlenberg's part (about thirty-five square miles) was all
the land that lay between Green and Pond rivers north of the line
described thus in the acts of 1854: "... the mouth of the Thoroughfare
branch; thence up the Thoroughfare branch to the mouth of Big creek;
thence up Big creek to a point where the road from Rumsey to Greenville
crosses the same; thence a straight line to the head of the island on
Pond river, at the Horseshoe bend." 2
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In 1890 a change was made in a
part of the southeastern boundary of the county. An act passed April
30, 1888, provided for the appointment of commissioners "for the
purpose of establishing the lines between Muhlenberg and Butler
counties." An act approved May 22, 1890, briefly states: "That Mud
river be, and the same is, made the line between Butler and Muhlenberg
counties." This act added to Muhlenberg a triangular strip of land
covering a few square miles touching on Mud River below the mouth of
Wolf Lick Fork. It incidentally ended the occasionally disputed
question as to which county the land really lay in, and therefore also
settled the discussion as to which county governed it in the sale of
liquor. It is said that this strip was, up to 1890, invariably "wet,"
regardless of whether Muhlenberg or Butler were "dry."
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1. Mud River, up to about 1860,
was more frequently referred to as Muddy River than Mud River. Pond
River, on Elihu Barker's map of Kentucky published in 1795, is marked
"Muddy or Pond River." Neither Pond River nor Mud River is correctly
named or placed on Russell's map, published in 1794.
2. The county line between Todd and Muhlenberg was "run and re-marked" in February, 1853 (Deed Book No. 17, page 336), and the line between McLean and Muhlenberg in August, 1872 (Deed Book No. 25, page 452).
2. The county line between Todd and Muhlenberg was "run and re-marked" in February, 1853 (Deed Book No. 17, page 336), and the line between McLean and Muhlenberg in August, 1872 (Deed Book No. 25, page 452).
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